This book is unique in presenting an interdisciplinary conversation between jurists and logicians. It brings together scholars from both law and philosophy and looks at the application of 'the new logics' to law and legal ordering, in a number of legal systems. The first Part explores the ways in which the new logics shed light on the functioning of legal orders, including the structure of legal argumentation and the rules of evidence. The second addresses how non-classical logics can help us (...) to understand the interactions between multiple legal orders, in a range of contexts including domestic and international law. The final Part examines particular issues in the applicability of non-classical logics to legal reasoning. This book will be of interest to jurisprudence and logic scholars and students who want to deepen their understanding of relationships between law and legal reasoning, and learn about recent developments in formal logic. (shrink)

In recent years, scholars have begun to lay the groundwork to justify a distinct application of ethics to the field of public health. They have highlighted important features that differentiate public health ethics from bioethics, especially public health’s emphasis on population health rather than issues of individual health. Articulations of public health ethics also tend to emphasize the role of social justice compared to the predominance of autonomy in the bioethical literature. Now that the field of public health ethics is (...) developing a unique focus and a language of its own, including a code of ethics disseminated by the American Public Health Association, the future of public health ethics may well be global health ethics, focusing on issues of global justice. As public health ethics evolves from its nascent stage of reflection to a place of action and application in the national and global arenas, two interrelated developments will need to occur: public health professionals, including practitioners, policymakers, and scholars, will need a richer understanding of the ethical challenges practitioners face on a daily basis and scholars will need to develop useful tools that practitioners may employ for identifying and tackling these ethical challenges. (shrink)

Rational Sentimentalism develops a novel theory of the sentimental values. These values, which include the funny, the disgusting, and the shameful, are profoundly important because they set standards for emotional responses that are part of our shared human nature. Yet moral philosophers have neglected them relative to their prominence in human mental life. The theory is sentimentalist because it holds that these values are emotion-dependent—contrary to some prominent accounts of the funny and the disgusting. Its rational aspect arises from its (...) insistence that the shameful (e.g.) is not whatever elicits shame but what makes shame fitting. Shameful traits provide reasons to be ashamed that do not depend on whether one is disposed to be ashamed of them. Furthermore, these reasons to be ashamed issue in reasons to act as shame dictates: to conceal. Sentimentalism requires a compatible theory of emotion and emotional fittingness. The book explicates a motivational theory of emotion that explains the peculiarities of emotional motivation, as other theories cannot. It argues that a class of emotions are psychological kinds with the same goal across cultures, despite differences in their elicitors. It then develops an account of fittingness that helps to differentiate reasons of fit, which bear on the sentimental values, from other considerations for or against having an emotion. Some significant and controversial conclusions emerge from rational sentimentalism. The sentimental values conflict with one another, and with morality, but nevertheless provide practical reasons that apply to humans—though not to all rational agents. (shrink)

This chapter explores the debate between contemporary projectivists or expressivists, and the advocates of sensibility theory. Both positions are best viewed as forms of sentimentalism — the theory that evaluative concepts must be explicated by appeal to the sentiments. It argues that the sophisticated interpretation of such notions as “true” and “objective” that are offered by defenders of these competing views ultimately undermines the significance of their meta-ethical disputes over “cognitivism” and “realism” about value. Their fundamental disagreement lies in moral (...) psychology; it concerns how best to understand the emotions to which sentimentalist theories must appeal. (shrink)

In 2008, Representative John Read of Mississippi recently co-sponsored state legislation that would ban restaurants from serving obese customers. He later admitted that the bill was a publicity stunt,meant to “shed a little light on the number one problem in Mississippi.” Although controversial, Read’s bill exemplifies both the current perception of obesity as a national public health problem and the general sentiment underlying the types of interventions that are being considered to address this issue. The proposed legislation also demonstrates how (...) policymakers can use or, in this case misuse, information about obesity to generate significant discussion on an issue along with ill-conceived legal interventions.Information sharing and the methods used to share best practices are components of the fourth core element of public health legal preparedness. (shrink)

The Employee Retirement Income Security Act is a federal law regulating the administration of private employer-sponsored benefits including health benefits . In general, since the federal government has exercised its authority to preempt state regulation of the administration of private employer-sponsored health plans, states are blocked from enforcing laws interfering with ERISA. As many states pursue health care reform experiments, ERISA preemption becomes relevant as a potential limit on the scope and type of reforms states are able to enact. The (...) dominant trend in ERISA litigation has been to preempt state legislation and litigation interfering with the administration of private employer-sponsored health plans, making large-scale state health care reform initiatives difficult. The purpose of this paper is to examine the trajectory of judicial interpretation of ERISA and to discuss what opportunities exist to facilitate health care initiatives given the constraints of ERISA preemption. (shrink)

The transformation of health-care delivery from fee-for-service medicine to managed care represents a fundamental philosophical shift away from the prevailing medical ethos that the needs of the individual patient take precedence over competing social values, such as reducing health-care costs. In managed care, financial incentives to reduce health-care utilization may result in denying an individual’s claim for medical services.Litigation challenging managed care’s resource allocation decisions often presents the need to resolve conflicting social policy goals, such as the tension between an (...) individual patient’s access to health care and a managed care organization’s need to restrain costs. Conflicts may arise when a patient’s desire for unconstrained health care clashes with a provider’s and an insurer’s cost containment strategies. In turn, cost containment strategies may raise questions about restrictions on physician autonomy and conflicts among stakeholders for control over resource allocation decisions. (shrink)

According to Cicero, “all emotions spring from the roots of error: they should not be pruned or clipped here and there, but yanked out” (Cicero 2002: 60). The Stoic enthusiasm for the extirpation of emotion is radical in two respects, both of which can be expressed with the claim that emotional responses are never appropriate. First, the Stoics held that emotions are incompatible with virtue , since the virtuous man will retain his equanimity whatever his fate. Grief is always vicious, (...) both bad and bad for you, even when directed at events commonly considered tragic, such as the loss of one’s child. (shrink)

Adaptive management is commonly identified as a way to address situations where ecological and social uncertainty exists. Two discourses are common: a focus on experimentation, and a focus on collaboration. The roles of experimental and collaborative adaptive management in contemporary practice are reviewed to identify tools for bridging the discourses. Examples include broadening the scope of contributions during the buy-in and goal-setting stages, using conceptual models and decision support tools to include stakeholders in model development, experimentation using indicators of concern (...) to stakeholders, an experimental focus that reflects the level of statistical confidence required by management, and the engagement of stakeholders in data interpretation so that those affected by management outcomes can learn and adapt accordingly. In this context, a framework of questions that managers can use to reflect on both ecological and social uncertainties as they relate to individual management contexts is proposed. (shrink)

An ongoing debate among legal scholars and public health advocates is the role of litigation in shaping public policy. For the most part, the debate has been waged at a conceptual level, with opponents and proponents arguing within fairly well-defined boundaries. The debate has been based either on speculation of what litigation could achieve or on ideological grounds as to why litigation should or should not be used this way. With the exception of Rosenberg's study of how litigation shaped policy (...) in civil rights, abortion, and environmental matters, there is almost no empirical support for either position.In recent years, the most ardent proponents of litigation as public policy have been public health advocates. Perhaps out of frustration with the inability to achieve desired public health goals through the legislative branch of government, public health advocates have pursued litigation as an alternative strategy. Beginning with tobacco class action litigation in the early 1990s and continuing with litigation against gun manufacturers at the end of that decade, public health advocates have waged a veritable litigation assault aimed at changing how public health policy is formed. (shrink)

Many observers have argued that the US health care system could be more efficient, and achieve better outcomes if providers focused more on improving the community's health, not just the welfare of individual patients. The passage of the Affordable Care Act in 2010 seemed to herald the promise of such reforms, and greater integration of the health care and public systems. In this article, we reassess the quest for integration, a quest we call the “integration project.” After examining the modest (...) steps taken so far toward integration, we consider some conceptual barriers to integration as well as some of the risks it might portend for the public health system. Our assessment contributes to wide-ranging debates among public health advocates, practitioners, and policymakers as to the health care system's role in protecting public health, and how the public health system can best be organized to meet expected population health challenges. (shrink)

Public health is concerned with how to improve the population’s health. At times, though, actions to improve the community’s health may collide with individual civil rights. For example, a public health response to a bioterrorism attack, such as smallpox, may require relaxing an individual’s due process protections to prevent the smallpox from spreading. This tension lies at the heart of public health policy. It also must be considered in discussing the concept of human rights in health.Proponents of incorporating the concept (...) of human rights in health emphasize the importance of both individual rights and collective rights. They argue that observing human rights is not only consistent with broad public health goals, but necessary to their attainment. To many human rights advocates, the concept is not limited to protecting against governmental intrusion. Accordingly, they emphasize the government’s obligation to promote attainment of human rights by, for instance, providing adequate health care. (shrink)

The second of five commentaries on “Bloomberg's Health Legacy: Urban Innovator or Meddling Nanny?” from the September‐October 2013.

This chapter explores the debate between contemporary projectivists or expressivists, and the advocates of sensibility theory. Both positions are best viewed as forms of sentimentalism — the theory that evaluative concepts must be explicated by appeal to the sentiments. It argues that the sophisticated interpretation of such notions as “true” and “objective” that are offered by defenders of these competing views ultimately undermines the significance of their meta-ethical disputes over “cognitivism” and “realism” about value. Their fundamental disagreement lies in moral (...) psychology; it concerns how best to understand the emotions to which sentimentalist theories must appeal. (shrink)

Two recent studies by A. R. Giumlia-Mair and P. T. Craddock have been devoted to a form of bronze having a blackish tint.1, 2 The authors there describe examples ancient and modern, from as far apart as Mycenean Greece, Egypt, Rome, China and Japan. In Japan such bronze is prominently represented in decorative art and known as Shakudo.

BackgroundKinarm Standard Tests is a suite of upper limb tasks to assess sensory, motor, and cognitive functions, which produces granular performance data that reflect spatial and temporal aspects of behavior. We have previously used principal component analysis to reduce the dimensionality of multivariate data using the Kinarm End-Point Lab. Here, we performed PCA using data from the Kinarm Exoskeleton Lab, and determined agreement of PCA results across EP and EXO platforms in healthy participants. We additionally examined whether further dimensionality reduction (...) was possible by using PCA across behavioral tasks.MethodsHealthy participants were assessed using the Kinarm EXO and EP. Four behavioral tasks were performed that quantified arm sensory and motor function, including position sense [Arm Position Matching ] and three motor tasks [Visually Guided Reaching, Object Hit, and Object Hit and Avoid ]. The number of components to include per task was determined from scree plots and parallel analysis, and rotation type was decided on a per-task basis. To assess agreement, we compared principal components across platforms using distance correlation. We additionally considered inter-task interactions in EXO data by performing PCA across all six behavioral assessments.ResultsBy applying PCA on a per task basis to data collected using the EXO, the number of behavioral parameters were substantially reduced by 58–75% while accounting for 76–87% of the variance. These results compared well to the EP analysis, and we found good-to-excellent agreement values between PCs from the EXO and those from the EP. Finally, we were able to reduce the dimensionality of the EXO data across tasks down to 16 components out of a total of 76 behavioral parameters, which represents a reduction of 79% while accounting for 73% of the total variance.ConclusionPCA of Kinarm robotic assessment appears to capture similar relationships between kinematic features in healthy individuals and is agnostic to the robotic platform used for collection. Further work is needed to investigate the use of PCA-based data reduction for the characterization of neurological deficits in clinical populations. (shrink)

This article introduces and defines the Health in All Policies concept and examines existing state legislation, with a focus on California. The article starts with an overview of HiAP and then analyzes the status of HiAP legislation, specifically addressing variations across states. Finally, the article describes California's HiAP approach and discusses how communities can apply a HiAP framework not only to improve health outcomes and advance health equity, but also to counteract existing laws and policies that contribute to health inequities.

In 2004, the journal Health Matrix published a very interesting symposium volume titled “The Field of Health Law: Its Past and Future. As the title implies, the various commentators took both a retrospective and a prospective look at past trends and future prospects in health law. Some, including Clark Havighurst, Skip Rosoff and Walter Wadlington, wrote thoughtful essays on the development of health law over time and the implications of those trends. Others, including Rob Schwartz, Jim Blumstein, Rand Rosenblatt, and (...) Mark Hall and Carl Schneider, wrote equally thoughtful essays that reflected on the past but focused more on future directions and prospects. And one, Kep Wing, wrote a semi-dyspeptic essay debunking the entire field of health law.Taken together, these essays present a comprehensive view of how health law has developed so far and where its future might lie. Four themes emerge from the collected writings. First, there is considerable agreement on how and why health law has developed, but little agreement on where it is headed. (shrink)

Law is an essential tool for public health practice, and the use of a systematic legal framework can assist with preventing chronic diseases and addressing the growing epidemic of obesity.The action options available to government at the federal, state, local, and tribal levels and its partners can help make the population healthier by preventing obesity and decreasing the growing burden of associated chronic diseases such as cardiovascular disease and Type 2 diabetes. The Centers for Disease Control and Prevention uses the (...) four-part systematic legal framework commonly referred to as “public health legal preparedness” to demonstrate the essential role law can play for any public health issue. This paper uses the “laws and legal authorities” component of the framework and should be considered in combination with the competencies, coordination, and information-best practices components of the framework. (shrink)

Communauté à vocation spirituelle et universelle fondée il y a un peu plus d’un demi-siècle en Inde du Sud, Auroville incarne par excellence la complexité et les paradoxes des utopies du XX e siècle. Inscrite dans une cité qui a traduit ses idéaux en réalisations architecturales et esthétiques concrètes, attachée à une volonté de poursuivre son « programme » malgré les difficultés rencontrées, Auroville cristallise les espoirs et déceptions de ceux et celles qui réfléchissent à la pertinence du concept en (...) ce tournant de millénaires. Mais plus qu’une discussion sur la notion d’utopie elle-même, appliquée à ce projet spirituel original dans son contenu (un mélange d’hindouisme et de scientisme) et dans sa forme, cet article entend surtout, conformément à l’approche anthropologique qui est retenue, réévaluer le terme sur la base de l’usage qu’en font les principaux concernés : les Auroviliens. (shrink)

The advent and expanding role of jurilinguistics as part of the federal legislative process are closely associated with the gradual recognition of the equal authority of the two linguistic versions of federal legislation, as well as the implementation of co-drafting as the most effective method of taking into account the equal authority of the two official languages of the country. Jurilinguistics gradually made its way into the federal legislative process starting in the mid 70s and quickly resulted in the establishment (...) of a formal group dealing with French jurilinguistics, comprised of Francophone drafters and jurilinguists. Jurilinguists played a key role in the development of drafting standards for the drafting of a truly authentic French version of federal legislation. In the late 90s, Anglophone jurilinguists were also hired to ensure the highest quality possible for the English version of the federal laws and, along with their Francophone counterparts, to ensure the functional equivalence of the two language versions. The implementation of the departmental policy on legislative bijuralism constituted an additional challenge for the drafter who, fortunately, can rely on comparative law experts, as well as the sound advice of the jurilinguists, to produce legislative texts that are consistent with the principles of clarity in drafting legal documents. (shrink)

This paper is the companion to “Assessment of Information on Public Health Law Best Practices for Obesity Prevention and Control,” and the fourth of four action papers produced as part of the National Summit on Legal Preparedness for Obesity Prevention and Control, convened June 2008 by the Centers for Disease Control and Prevention, the Robert Wood Johnson Foundation, and the American Society for Law, Medicine Ethics. The four action papers present options to address gaps in the four core elements of (...) public health legal preparedness as outlined in the relevant companion papers. The four core elements are: laws and legal authorities; legal competencies for public health professionals to apply those laws and authorities; coordination of law-based efforts across jurisdictions and sectors, and information on public health law best practices. (shrink)