In light of the foregoing, we conclude that hospital attorneys, risk managers, and other advocates despite the immense contribution which they may make to the process and deliberations of ethics committees—have a unique role in the bioethical decision-making process, but one that neither requires nor precludes membership on such committees. This is not to deny in any way appropriate access to committees or their deliberations by such advocates. Indeed, we would argue strongly that hospital attorneys and risk managers, where there (...) are reasons for including them in committee discussions, should be invited as consultants and participant-observers. Furthermore, we concur wit Gibson, who suggests that hospital attorneys have a teaching role which enhances the committee's understanding of relevant legal issues, cases, and decisions. this is especially true in individual case consultation. Ethics committees and institutional advocates both have important roles within health care institutions, but patients and hospitals are best served when these two agents collaborate without weakening or undermining their mutually distinct functions and priorities. This conclusion is based primarily on the widely acknowledged concern about conflict of interest as well as the more peripheral concern about loss of attorney/client privilege. However, we would argue that in all aspects of committee work, including self-education, policymaking and case review and consultation, these specialists in health law may often give expert advice and counsel to persons regarding a vast arrays of subjects. These include but are hardly limited to the following: Durable Power of Attorney for Health Care, Living Will Legislation, Malpractice Law, Orders Not to Resuscitate, Forgoing Life-Sustaining Treatment, Withholding Nutrition and Hydration, Treatment for Incompetent Patients, Proportionate vs. Disproportionate Treatment, and Suicide and the Law. HECs need to know how attorneys think and especially how hospital attorneys frame bioethical issues, just as they need to know how physicians and nurses think and respond. Even if hospital attorneys are not formally seated on HECs, they should participate in charting the currents in bioethics. Gibson feels that we need to re-examine the roles of the hospital attorney. Perhaps these advocates should be encouraged to wear more than just one “hat,” and for the rest of us to generalize about institutional advocates is both premature and prejudicial. When we stereotype attorneys with a generic label such as “institutional advocates,” we open ourselves to the dangers of an even narrower kind of “reflex advocacy” (11).To achieve open and honest dialogue, all voices and viewpoints must be heard. HECs that arbitrarily and totally exclude hospital attorneys from participation may exhibit the very close-mindedness they are seeking to eliminate. Yet this situation is at its core a paradoxical one: We cannot proscribe the advocate's role without constraining his or her effectiveness. Yet for the sake of their effectiveness we need to protect them from conflict-of-interest situations. Moreover, we also need to be certain that all points of view, including those that derive from the law, are given an adequate hearing by HECs. (shrink)

Recent advances in wireless technologies have led to the development of intelligent, in-vehicle safety applications designed to share information about the actions of nearby vehicles, potential road hazards, and ultimately predict dangerous scenarios or imminent collisions. These vehicle safety communication (VSC) technologies rely on the creation of autonomous, self-organizing, wireless communication networks connecting vehicles with roadside infrastructure and with each other. As the technical standards and communication protocols for VSC technologies are still being developed, certain ethical implications of these new (...) information technologies emerge: Coupled with the predicted safety benefits of VSC applications is a potential rise in the ability to surveil a driver engaging in her everyday activities on the public roads. This paper will explore how the introduction of VSC technologies might disrupt the “contextual integrity” of personal information flows in the context of highway travel and threaten one’s “privacy in public.” Since VSC technologies and their related protocols and standards are still in the developmental stage, the paper will conclude by revealing how close attention to the ethical implications of the remaining design decisions can inform and guide designers of VSC technologies to create innovate safety applications that increase public safety, but without compromising the value of one’s privacy in public. (shrink)

By the colours and decoration of a vase fragment one determines the period and style to which the original belonged; while its physical contours show from what part of the original it comes. The material may be insufficient for a reconstruction of the whole design. But it is often legitimate to go beyond what is actually contained in the preserved pieces.

Quantum mechanical measurements on a physical system are represented by observables - Hermitian operators on the state space of the observed system. It is an important question whether all observables may be realized, in principle, as measurements on a physical system. Dirac’s influential text ( [1], page 37) makes the following assertion on the question: The question now presents itself – Can every observable be measured? The answer theoretically is yes. In practice it may be very awkward, or perhaps even (...) beyond the ingenuity of the experimenter, to devise an apparatus which could measure some particular observable, but the theory always allows one to imagine that the measurement can be made. This Letter re-examines the question of whether it is possible, even in principle, to measure every quantum mechanical observable. Unexpectedly, ideas from com-. (shrink)

The history of moral dilemma theory often ignores the medieval period, overlooking the sophisticated theorizing by several thinkers who debated the existence of moral dilemmas from 1150 to 1450. In this book Michael V. Dougherty offers a rich and fascinating overview of the debates which were pursued by medieval philosophers, theologians and canon lawyers, illustrating his discussion with a diverse range of examples of the moral dilemmas which they considered. He shows that much of what seems particular to twentieth-century moral (...) theory was well-known long ago - especially the view of some medieval thinkers that some forms of wrongdoing are inescapable, and their emphasis on the principle 'choose the lesser of two evils'. His book will be valuable not only to advanced students and specialists of medieval thought, but also to those interested in the history of ethics. (shrink)

Open peer commentary on the article “Enaction as a Lived Experience: Towards a Radical Neurophenomenology” by Claire Petitmengin. Upshot: Petitmengin’s strategy of dissolution of the “hard problem” of consciousness is shown to rely on some radical phenomenological premises that are listed and analyzed. It presupposes a starting point of research in a state of epoché ; it unfolds into a participatory conception of truth; and it ends in a quest for non-dual pristine experience. Each one of these moves is endorsed (...) and amplified. (shrink)

A metaphysical strand of C. S. Peirce’s American pragmatism resonates deeply in potential alliance with “incorporeal feminism”: a transcontinental philosophy with origins in Luce Irigaray’s ethics of sexual difference. A psychoanalyst trained by Lacan himself, Irigaray analyzes the unconscious of various philosophical systems, revealing dualism as an underlying phallic structure. In the dualism between idealism and materialism, she explains, the terms become sexually coded: idealism, paternal-masculine; materialism, maternal-feminine. Incorporeal feminism does not merely invert the roles, but radically reimagines the relation (...) between them, postulating the ideal as a maternal condition of possibility for birthing the material into existence; not separate substances but the inseparable activity of materiality making itself. For Peirce, ideas act; and though he was by no means a feminist, his metaphysics lend at least three insights to incorporeal feminism: an alternative to dualism in the trichotomic categories “firstness, secondness, and thirdness”; an evolutionary cosmology where the material universe is a gestating embryo within a womb; and an objective idealism: a model for addressing the dilemma of when sexual difference begins. Within “firstness,” sexual difference is ideal; an incorporeal activity pre-existing and latently imbuing materiality to varying degrees, ultimately expressing itself in certain life-forms as bodily differences. (shrink)

In the opinion of Aristotle and Plutarch the growth of latifundia and consequent decline of the citizen population at Sparta were due to the absence of restrictions on gifts and bequests of land. According to Plutarch this freedom of gift and bequest, so far as it applied to the κλροι or entailed estates, was introduced by the τρα of an ephor named Epitadeus, who removed the ban on gift and bequest imposed by Lycurgus.

Several US states are enacting 'right-to-die' laws, in the wake of the Karen Quinlan case. But the way such a law is drafted may cast doubt on a patient's existing common law right to control all aspects of his own treatment; it may give legal sanction to a lower standard of medical care that society at present expects from doctors; and it may lead to conflict between the patient's directive and his doctor's clinical judgement which cannot readily be resolved. The (...) laws themselves are categorised as a) legalising active killing or b) defining rights of patients to control treatment or c) assigning to others the rights to control treatment where the patient is not competent. The California law is discussed critically. The conclusion is that such legislation is not a satisfactory answer to the ethical problem of euthanasia. (shrink)

These notes continue the sequence begun in ‘Some Emendations in the Text of Maximus of Tyre, Dialexeis 1–21 ’, published in CQ 41 , 566–71. References to the text are by number, page and line in Hobein's Teubner edition; R is the principal MS., Parisinus graecus 1962, U is Vaticanus graecus 1390, I is Laurentianus Conventi Soppressi 4; U and I, being descendants of R , offer conjectures not alternative readings. My thanks go again to Donald Russell and David Sedley (...) for salutary comments on earlier and rasher drafts. (shrink)

Jacob (history, New School for Social Research) proposes that the science of the 17th and 18th centuries was eventually accepted because it was made compatible with larger political and economic interests. A celebration of the recently concluded 33 volume edition of the Collected works of John Stuart Mill, produced over a period of nearly 30 years, the last 20 under the guiding genius (and hand) of general editor Robson. Following a tributary history of the project itself, essays cover Mill's career (...) as a thinker and as a bureaucrat and public servant, exploring the effects of the various milieu--domestic, political, administrative, religious, and cultural--in which he moved. Annotation copyrighted by Book News, Inc., Portland, OR. (shrink)