I adopt a cladistic view of species, and explore the possibility that there exists an equally valuable cladistic view of organismic traits. This suggestion seems to run counter to the stress on functional views of biological traits in recent work in philosophy and psychology. I show how the tension between these two views can be defused with a multilevel view of biological explanation. Despite the attractions of this compromise, I conclude that we must reject it, and adopt an essentially cladistic (...) conception of biological traits. (shrink)

Consent ought to be required to withhold treatment that is in a patient’s best interests to receive. Do not resuscitate orders are examples of best interests assessments at the end of life. Such assessments represent value judgments that cannot be validly ascertained without patient input. If patient input results in that patient dissenting to the DNR order then individual physicians are not justified in overriding such dissent. To do so would give unjustifiable primacy to the values of the individual physician. (...) Therefore patient consent is effectively required to write a DNR order. Patient dissent to a DNR order should trigger a fair process mechanism to resolve the dispute. (shrink)

In biology, and particularly in morphology, various types of explanation are found,e.g. causal, teleological, historical, etc.In this article an attempt has been made to analyse the relations between the various explanations to strive for an encompassing explanatory theory.The general structure of the explanatory theories appeared to be very similar, but the terms defining the phenomena and the types of the relations within the theories differ. To obtain a unifying theory it is necessary to develop methods to connect or transform the (...) different elements.An important aspect is that the definition of selected phenomena depends on the explanation pursued. (shrink)

There has been an increase in recent years in the use of empirical methods in healthcare ethics. Appeals to empirical data cannot answer moral questions, but insights into the knowledge, attitudes, experience, preferences and practice of interested parties can play an important part in the development of healthcare ethics. In particular, while we may establish a general ethical principle to provide explanatory and normative guidance for healthcare professionals, the interpretation and application of such general principles to actual practice still requires (...) interpretation and judgement. And many situations in healthcare practice are complex and may involve a variety of principles, each of which may conflict with the others. Simple surveys or interview studies may not be sufficient if we wish to develop a nuanced approach to ethical practice that can be set out in guidelines, codes or directives. We do not resolve moral questions by plebiscite. In this paper, the authors argue for the use of consensus methods to develop shared understanding of ethical practice, and they argue further for the combination of the Delphi method with the use of vignettes to illustrate the kind of situations that may occur in practice. They develop their argument in part by reference to their experience of using this approach in their recent research. (shrink)

Part 1 shows that 'remedy' destabilizes analysis. It has at least five different meanings loosely grouped around the relationship between disease and medicine. In three of those meanings it is functionally synonymous with 'right', which, for all its own instabilities, ought to be preferred. Blackstone encouraged the use of 'remedy'. He stabilized it by putting 'remedies' in a particular relationship with 'wrongs'. However, he built that relationship on an unsound foundation, namely, the proposition, in which John Austin followed him, that (...) every cause of action was a wrong. Part 2 demonstrates the error of that position. The rights which courts realize arise from wrongs and from not-wrongs. The word 'remedy' cannot easily cope with not-wrongs, and its tendency is to destroy the classification of the events from which rights arise. Part 2 also concludes that the habit of thinking of the law in terms of wrongs and remedies encourages a malignant, criminal model of the civil law, here called discretionary remedialism. In that model 'rights' dissolve. Instead, 'liability', as the equivalent of guilt, invites the court to respond with an appropriate remedy, selected by itself, by way of sentence. (shrink)

In Britain doctors and others concerned with the treatment of offenders in prison may consult the Butler Report (see Focus, pp 157) and specialist journals, but these sources are concerned with the system in Britain only. In America the situation is different, both in organization and in certain attitudes. Dr Peter L Sissons has therefore provided a companion article to that of Dr Paul Bowden (page 163) describing the various medical issues in prisons. The main difference between the treatment of (...) offenders in prisons in America and in Britain lies in the nature of the federal system which means that each state may operate a different system in a variety of prisons and prison medical services are as various. Nationally, the prison systems are 'structured to treat and cure the offender'. Therefore it follows that the prison medical officer is only one of the professionals concerned with this 'cure' of the offender. This principle also applies to any form of research: medical research in prisons is part of a programme which covers a wide field of social and judicial research. The prison medical officer (where there is one) has of course to look after sick prisoners, and the American idea of 'cure' is also expressed in the need for more corrective surgery where, for example, it is necessary to remove physical impediments to social rehabilitation. But a doctor is only found on the staff of those institutions which are large: in the smaller prisons there may be only first-aid facilities, and no specially appointed doctor in the community. Moreover medicines are often dispensed by medical auxiliaries who are sometimes prisoners themselves. Finally, in America prisoners are regularly invited to volunteer as subjects for medical and social research for which they are paid. In short, although it is hoped to 'cure' a prisoner he is a criminal first and a patient second. (shrink)

The article explores the conceptual antinomies of the liberal notion of tolerance as the superficial leveling of differences of faith and ethical commitments to affirm the inalienable human dignity of others. In arguing that cognitive and axiological commitments are existentially grounded and thus intractable, I argue that genuine tolerance is to acknowledge and honor difference. I further question whether we are to “tolerate” what we regard as “intolerable,” politically and otherwise?

It has been argued that the fundamental laws of physics are deceitful in that they give the impression of greater unity and coherence in our theories than is actually found to be the case. Causal stories and phenomenological relationships are claimed to provide a more acceptable account of the world, and only theoretical entities — not laws — are considered as perhaps corresponding to real features of the world.This paper examines these claims in the light of the author's own field (...) of research: high energy physics. Some of the distinctions upon which the above conclusions are based are found not to be tenable in practice. Examples from experimental particle physics are presented which suggest an important role of the underlying theoretical structure which cannot be overlooked. It is argued that the fundamental theories must, in fact, be treated as being as worthy or unworthy of ontological commitment as the entities they postulate or the phenomenological relationships they inspire. Whilst it is conceded that aspects of the current theoretical formalism belie literal interpretation, it is maintained that revision in these particular areas need not affect the symmetry principles, particle spectra, or coupling strengths that largely determine the empirical content of the theory. (shrink)

Open peer commentary on the article “Exploration of the Functional Properties of Interaction: Computer Models and Pointers for Theory” by Etienne B. Roesch, Matthew Spencer, Slawomir J. Nasuto, Thomas Tanay & J. Mark Bishop. Upshot: Artificial life computer simulations hold the potential for demonstrating the kinds of bottom-up, cooperative, self-organizing processes that underlie the self-construction of observer-actors. This is a worthwhile, if limited, attempt to use such simulations to address this set of core constructivist concerns. Although we concur with much (...) of the philosophical perspective in the target article, we take issue with some of the implied positions related to dynamical systems, sensorimotor contingency theory, and neural information processing. Ideally, we would like to see computational approaches more directly address adaptive, constructive processes and mechanisms operant in minds and brains. This would entail using tasks that are more relevant to the psychology of human and animal learning than performing digit sums or sorts. It also could involve relating the dynamics of agents more explicitly to ensembles of communicating neural assemblies. (shrink)

: This article explores the philosophical and theological context in which later medieval debates surrounding the foundations of freedom emerged. In particular, the article establishes that Aquinas's famous pupil Giles of Rome (1243/47-1316) was less indebted to St. Thomas himself on the question of human freedom than has commonly been supposed. Rather, his teachings on the will and human freedom owe more to such Franciscan thinkers as John of la Rochelle and Walter of Bruges. This interpretation challenges the received view, (...) which goes back to Henry of Ghent, and continues to be prominent in the contemporary literature. (shrink)

I propose to consider photon tunneling as a space-time correlation phenomenon between the emission and absorption of a photon on the two sides of a barrier. Standard technics based on an appropriate counting rate formula may then be applied to derive the tunneling time distribution without any ad hoc definition of this quantity. General formulae are worked out for a potential model using Wigner–Weisskopf method. For a homogeneous square barrier in the limit of zero tunneling probability a vanishing tunneling time (...) is obtained. (shrink)

The Organizations and the Natural Environment Division of the Academy of Management, like most Academy divisions, has an annual dissertation competition to recognize and honor exemplary work in the field. This article, kindly invited by the Editor of Business & Society, provides an overview of the winner and runners-up of that competition, insights into the process for selecting this work, and some reflections on future dissertations in the area.