In The Body of Compassion, Joel Shuman presents an important, new theological treatment of contemporary bioethics, weaving together personal experience, a critical treatise on contemporary bioethics, and an exploration of a Christian theological alternative.The author first draws the reader into a consideration of the current state of bioethics by relating the story of his grandfather, a hard-working family man who died a solitary death, unaccompanied by loved ones, in the unfamiliar and sterile world of a hospital. Troubled by the (...) way his grandfather died, Shuman takes the reader along as he explores how modern medicine has distanced itself from dealing with people as living beings beyond their immediate physicality. He examines how various approaches to bioethics over the past twenty years have tried to remedy this problem by prescribing certain standards for treatment and how each of these ultimately has fallen short due to the lack of “a teleological concern for the body”—i.e., to trying to understand what the body is actually for in a larger context. From this point, Shuman deftly moves to a discussion of the centrality of the body to Christianity, focusing on how baptism, participation in the liturgy, and the partaking of the Eucharist all serve to unite Christians as one in the body of Christ. For Christians, the author argues, the body does not just belong to the individual but rather is one with the community of the Church. With this in mind, Shuman proposes a new kind of bioethics for Christians, where care for the body of Christ becomes the model of how we should care for and receive care from each other.This fresh and thought-provoking book is sure to be of interest to ethicists, medical professionals, and everyone who is troubled by places where science and religion intersect and seem to conflict. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 10.2 (2003) 193-194 [Access article in PDF] A Comment on Christopher Ciocchetti:"The Responsibility of the Psychopathic Offender" Daniel W. Shuman Questions of responsibility for serious harm are complex and potentially divisive. The way in which we frame these questions and the criteria by which we assess answers to them are colored, in part, by the lens though which we view them. I am a (...) law professor whose writings includes issues relating to criminal responsibility of person with mentally disabilities and I come to this commentary from that perspective. For me questions of moral responsibility raise psychological and philosophical, as well as legal, questions.Ciocchetti's (2003) paper addressees the criminal responsibility of the psychopathic offender. Not sure quite what the author meant by this label, I began to try to understand the concept of psychopathic offender by picking up my DSM-IV-TR and found no reference to such a diagnostic category. Absent a handy reference in the DSM, I looked in the paper for some other definition or recognition of the category of psychopathic offender and found no satisfactory grounding in any body of sound research. Left with the author's unsupported assertions that such a category of persons exists and that they behave in ways the author asks me to accept without support, my lawyer instincts cautioned me to proceed carefully. The psychopathic offender the author describes might well exist, but I am not persuaded of that, nor would be my legal colleagues, absent proof.Next, to the author's thesis that "[t]he offender must have the capacities necessary to understand relationships to justify holding that offender responsible" (p. 176) and that because psychopaths lack this capacity they should not be held criminally responsible. Is the author proposing a new test for criminal responsibility? Certainly no test for criminal nonresponsibility based on mental disability (i.e., insanity defense) in Anglo-American jurisprudence, or any other with which I am familiar, makes status (i.e., a diagnostic category) exculpatory for criminal responsibility. Rather, every test addresses the impact of a mental illness or disorder on the cognitive or volitional capacity of the offender at the time of the offense. The author offers no reason to reject the approach taken for the last several hundred years [End Page 193] by Anglo-American jurisprudence. Moreover, to the extent that status or diagnostic category is relevant in the insanity defense in Anglo-American jurisprudence, character or personality disorders (the genus to which I take it that psychopathy belongs) are often specifically excluded from consideration. For example, the Texas Penal Code (Tex. Penal Code Ann. § 8.01 (Vernon 1994)) states that:It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of a severe mental disease or defect, did not know that his conduct was wrong. The term "mental disease or defect" does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.The federal Insanity Defense Reform Act raises the same issue: The government relies on the legislative history of 18 U.S.C. § 17, which states: "The concept of severity was added to emphasize that non-psychotic behavior disorders or neuroses such as an 'inadequate personality,' 'immature personality,' or a pattern of 'antisocial tendencies' do not constitute the defense.".... The government argues that because Dr. Lorenz would have testified that Salava was not psychotic but suffered from antisocial personality disorder, his testimony was not relevant to either prong of the insanity defense under the statute.... As a general matter, the government's point is well-taken. It seems clear that Congress intended by its inclusion of the modifier "severe" to place certain "disorders" outside the purview of the insanity defense altogether. United States v. Salava, 978 F.2d 320, 323 (7th Cir. 1992) Nowhere in the paper does Chiochetti acknowledge or address these societal judgments of moral responsibility that have already rejected a far more modest version of his proposal in categorically ruling out character or personality disorders from inclusion as... (shrink)

ABSTRACT Generality relativism is the view that any domain of quantification can always be expanded. The view promises to resolve a broad range of paradoxes, but, without an explanation of how domains expand, it sounds very mysterious. Proponents of linguistic versions of generality relativism try to demystify the view by likening domain expansions to semantic change. They think that domains expand when we re-interpret certain terms so that, upon re-interpretation, the quantifiers range over more things. This article makes trouble for (...) linguistic approaches. According to the so-called charge of ineffability, generality relativism cannot be asserted in a coherent manner—given that asserting the view requires generalising over absolutely all domains of quantification. Generality relativists typically try to answer the charge with the help of modal operators; but linguistic approaches interpret these operators in semantically and syntactically idiosyncratic ways. I argue that, because of these commitments, linguistic approaches ultimately do not have a good response to the charge of ineffability. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Multiple Personality and Moral Responsibility”Daniel W. Shuman (bio)Stephen Braude’s essay, “Multiple Personality and Moral Responsibility,” discusses a number of important issues about the moral and legal responsibility of persons diagnosed with multiple personality disorder (MPD), known in DSM-IV as Dissociative Identity Disorder (DID). One issue that is fundamental to this debate, which Braude does not address, however, is the empirical reality underlying the debate. Does MPD/DID (...) exist? A prerequisite to a debate about the legal consequences of MPD/DID is legally sufficient proof of its existence and its behavioral consequences.Proof that MPD/DID exists, its impact on legal standards of responsibility, and that the defendant suffers from it, must come from expert testimony; it is not part of the common knowledge or experience of the typical judge or juror. Courts are, however, increasingly, unwilling to assume that because an expert has impressive qualifications, he or she will necessarily present scientifically valid evidence. Particularly in cases of psychiatric and psychological evidence, courts that once looked solely at the expert’s qualifications to determine the admissibility for expert scientific evidence, now understand that the expert’s qualifications are a necessary but not a sufficient condition for the presentation of accurate expert testimony. Courts increasingly want to know how experts know what they claim to know and whether their methods of knowing meet the hallmarks of good science.Thus, from a legal standpoint, a prerequisite to admissibility of the evidence that serves as a basis for a discussion of the legal implications of MPD/DID is rigorous scientific proof of its existence. Proof of the existence of MPD/DID has not, however, been the subject of rigorous scientific research, but instead has consisted of non-falsifiable clinical experience where the risk of iatrogenesis (i.e., hypnosis and suggestion) is ever present. While these clinical observations and opinions may ultimately be proven valid by subsequent research, there is simply no way to know whether that is so in the absence of rigorous scientific research. If proof of the existence of MPD/DID is clinically but not scientifically grounded, legal rules based upon it are suspect. Moreover, claims of MPD/DID often arise in a legal context where there are significant benefits to be gained from receiving the diagnosis which heightens the importance of rigorous scientific scrutiny.Diagnostic validity and reliability matters in different ways in the forensic context than it does in the therapeutic context. These contextual differences [End Page 59] are reflected in disparate standards for scrutinizing each. There is no threshold requirement, for example, that a psychotherapist prove that a diagnostic category is valid or that a psychotherapeutic treatment used for a person suffering from it is generally recognized as safe and effective before using it; however, there is a threshold requirement of rigorous scientific scrutiny before admission of this information in evidence. If a therapist’s diagnostic hypothesis that there are two personality states influencing a patient’s behavior is not borne out, it can be revised in later sessions. Even if MPD/DID does not exist, treatment that assumes it does may nonetheless be effective because therapeutic outcome is more closely tied to the nature of the therapist-patient relationship than the content of therapy, or because multiple personality states is an effective therapeutic metaphor. Moreover, if the patient is not satisfied that the diagnosis or treatment rendered is helpful, the patient can leave therapy or seek another therapist.In contrast, judicial determinations are a one-shot determination which cannot be revisited in light of subsequently acquired knowledge. The defendant/patient is not free to change courts, or withdraw from the legal proceedings. Thus, it would be entirely appropriate for psychiatrists and psychologists to treat patients presenting symptoms of what they label MPD/DID and for courts to reject exculpatory evidence from psychiatrists and psychologists of that disorder.Related ArticlesFeature Article: Multiple Personality and Moral ResponsibilityCommentary: Commentary by ClarkCommentary: Commentary by ShumanDaniel W. Shuman Daniel W. Shuman, Professor of Law, Southern Methodist University, Dallas, TX 75235, USA.Copyright © 1996 The Johns Hopkins University Press... (shrink)

This paper compares the accounts of agency, morality, and law presumed by liberal political theory to the account offered by Thomas Aquinas. In Aquinas, law is among the several "principles of human acts" and is presumed always to have a constructive effect on the moral formation of those living under its aegis. One of its purposes, in other words, is to make women and men good. The liberal account, on the other hand, is relatively less attentive to the constructive effects (...) of law. This difference raises a question concerning the viability of the liberal assumption of a distinction between a morally neutral public law and a private morality. (shrink)

We study higher analogues of the classical independence number on $\omega $. For $\kappa $ regular uncountable, we denote by $i(\kappa )$ the minimal size of a maximal $\kappa $ -independent family. We establish ZFC relations between $i(\kappa )$ and the standard higher analogues of some of the classical cardinal characteristics, e.g., $\mathfrak {r}(\kappa )\leq \mathfrak {i}(\kappa )$ and $\mathfrak {d}(\kappa )\leq \mathfrak {i}(\kappa )$. For $\kappa $ measurable, assuming that $2^{\kappa }=\kappa ^{+}$ we construct a maximal $\kappa $ -independent (...) family which remains maximal after the $\kappa $ -support product of $\lambda $ many copies of $\kappa $ -Sacks forcing. Thus, we show the consistency of $\kappa ^{+}=\mathfrak {d}(\kappa )=\mathfrak {i}(\kappa )<2^{\kappa }$. We conclude the paper with interesting open questions and discuss difficulties regarding other natural approaches to higher independence. (shrink)

We study two ideals which are naturally associated to independent families. The first of them, denoted \, is characterized by a diagonalization property which allows along a cofinal sequence of stages along a finite support iteration to adjoin a maximal independent family. The second ideal, denoted \\), originates in Shelah’s proof of \ in Shelah, 433–443, 1992). We show that for every independent family \, \\subseteq \mathcal {J}_\mathcal {A}\) and define a class of maximal independent families, to which we refer (...) as densely maximal, for which the two ideals coincide. Building upon the techniques of Shelah we characterize Sacks indestructibility for such families in terms of properties of \\) and devise a countably closed poset which adjoins a Sacks indestructible densely maximal independent family. (shrink)

I argue here that the ways we experience, think about, and treat pain are bound up with sociocultural and technological phenomena that shape our desires and expectations. I propose a way of imagining caring for and offering healing to those who suffer pain informed by the Christian theological tradition. This way does not aspire to replace the care and healing made possible by modern medicine, but rather to place it within the common life of a community of mutual love, hospitality, (...) and reciprocal care. (shrink)

This essay traces the changing relationship between horticulture, agriculture, and philosophy across the seventeenth century, as the personae of the philosophical husbandman and the philosophical gardener intertwined and competed. At stake in the dynamics between them was the relationship between abstruse researches and practical applications in evolving experimental philosophy, as well as the aesthetic of experimental practices and rhetoric. Early seventeenth-century promoters of colonial projects, such as Virginian sericulture, situated the metropolitan pleasure garden, a place of whimsy and fantastical reasoning, (...) as a realm of trial that presumed eventual utility and application to large-scale husbandry. Such views informed relationships between fanciful trials, speculative proposals, and presumptions of future utility in the development of the persona of the philosophical gardener and attendant notions of experimental philosophy over the course of the century. (shrink)

In a time marked by the development of innovative treatments in healthcare and the need for health professionals to deal with resulting ethical dilemmas in clinical practice, this study was developed to determine the influence of the bioethics teaching on the moral competence of medical and nursing students. The authors conduct a longitudinal study using the Moral Competence Test extended version before and after attending the ethics curricular unit, in three nursing schools and three medical schools of Portugal. In this (...) questionnaire the participant is confronted with three ethical dilemmas and asked to evaluate arguments for and against the attitude of the main character. For both nursing and medical students, C-score was lower after the attendance of the ethics curricular units, with a statistically significant decrease in the total score for nursing students and a decrease not statistically significant for medical students. A multivariate analysis did not find any association between this decrease and gender, course, or age. The phenomenon of moral segmentation was observed, with better performance in the worker and judge dilemma, than in the doctor dilemma. These results highlight the need to reflect on the curricular strategies that can be implemented for health professionals to better develop moral competence and decision-making, allowing for the provision of humanized health care. (shrink)

Dieser Text ist bereits in der Zeitschrift Intervalls « Réinventer le rythme / Den Rhythmus neu denken », N° 7, 2015 erschienen. Wir danken Vera Viehöver und Michel Delville, dem Chefredakteur der Zeitschrift, für ihre freundliche Erlaubnis, diesen Text hier wiederzugeben. Vermutlich gehört es in nahezu jeder Kunstform zum Floskelrepertoire der Kritiker, vom „Rhythmus“ eines Werkes zu sprechen : Eine Theaterinszenierung kann ebenso für ihren Rhythmus gepriesen werden wie ein Computerspiel, ein - Poétique et Études littéraires – GALERIE – (...) Nouvel article. (shrink)

In this paper, I discuss whether the results of loop quantum gravity (LQG) constitute a fatal blow to Humeanism. There is at least a prima facie reason for believing so: while Humeanism regards spatiotemporal relations as fundamental, LQG describes the fundamental layer of our reality in terms of spin networks, which are not in spacetime. However, the question should be tackled more carefully. After explaining the importance of the debate on the tenability of Humeanism in light of LQG, and having (...) presented the Humean doctrine, I review two cases which present serious threats to Humeanism, one concerning the fundamentality of vectorial quantities and the other concerning quantum entanglement. In particular, I recall the strategies that are usually employed in these two cases in order to save Humeanism: in the first case, the strategy consists in amending the characterization of the Humean mosaic; in the second case, it consists in adopting a realist or nomological interpretation of the wave function. These solutions will turn out to be helpful in my discussion of LQG where, after describing LQG, I show that Humeans might save their doctrine either by endorsing a realist interpretation of spin networks, or by giving them a nomological status and, at the same time, by revisiting the characterization of the Humean mosaic. However, I conclude that both solutions are wanting. (shrink)

La influencia de la microbiota en el comportamiento, la percepción y diversas facultades cognitivas se ha estudiado en diferentes especies, incluidos el humano. Mas directamente se observa por alteraciones en la microbiota intestinal de pacientes con enfermedades neuropsiquiátricas. Los aportes que el estudio de signos y significado enriquecen la información producida por la metagenómica. Este trabajo presenta una introducción al tema de la microbiota/microbioma desde la biosemiótica, usando la teoría del Umwelt y el circulo funcional Uexkülliano como plataforma, no porque (...) sean las únicas, sino por ser parte de los pilares de esta disciplina. (shrink)

I argue here that Weberian disenchantment is manifest in the triumph of instrumental reason and the expansion of analytic enquiry, which now dominates not simply those sciences upon which medicine depends, but medical practice itself. I suggest ways that analytic enquiry, also referred to here as anatomical reasoning, are part of a particular ideology—a way of seeing, speaking about, and inhabiting the world—that often fails to serve the health of patients because it is incapable of “seeing” them in the moral (...) sense described by Iris Murdoch and others. I use the work of James Elkins and Wendell Berry to call for the recovery of a way of seeing the human body as both other and more than an object of scientific enquiry and social control. (shrink)

One dimension of cognitive success concerns getting it right: having many true beliefs and no false ones. Another dimension of cognitive success concerns using the right concepts. For example, using a concept of a person that systematically excludes people of certain demographics from its extension is a sort of cognitive deficiency. This view, if correct, tasks inquirers with critically examining the concepts they are using and perhaps replacing those concepts with new and better ones. This task is often referred to (...) as “conceptual engineering”. However, so far it is unclear what exactly happens in cases of conceptual engineering. How does language change when we engineer a concept? This article offers an answer. I propose a view on which, when speakers assess the truth of propositions, they often rely on assumptions with regard to what is required for their truth. For example, when speakers assess whether unborn fetuses are people, they rely on assumptions with regard to what is required to be a person. Based on this idea, I develop a model of conceptual engineering according to which speakers “engineer concepts” when they change how they assess the truth of propositions. For example, speakers engineer the concept of a person when they change how they assess the truth of the proposition that unborn fetuses are people. (shrink)

Lists foreground multiplicity: both of objects to be pursued and, for distant objects, of far-flung networks enabling their pursuit. The future-oriented or projective list stretches such networks not only around the world but forward through time. Research agendas are one kind of future-oriented, projective list. Sketching how such lists have functioned over time, from Francis Bacon's “The New World of Sciences, or Desiderata” to today's desiderata lists, suggests how an early modern model of imperial expansion has shaped, in unintended ways, (...) a scientific rhetoric of collaborative advance on shared targets. (shrink)

We study the set of possible sizes of maximal independent families to which we refer as spectrum of independence and denote \\). Here mif abbreviates maximal independent family. We show that:1.whenever \ are finitely many regular uncountable cardinals, it is consistent that \\); 2.whenever \ has uncountable cofinality, it is consistent that \=\{\aleph _1,\kappa =\mathfrak {c}\}\). Assuming large cardinals, in addition to above, we can provide that $$\begin{aligned} \cap \hbox {Spec}=\emptyset \end{aligned}$$for each i, \.

Do numbers exist? Carnap (1956 [1950]) famously argues that this question can be understood in an “internal” and in an “external” sense, and calls “external” questions “non-cognitive”. Carnap also says that external questions are raised “only by philosophers” (p. 207), which means that, in his view, philosophers raise ”non-cognitive” questions. However, it is not clear how the internal/external distinction and Carnap’s related views about philosophy should be understood. This paper provides a new interpretation. I draw attention to Carnap’s distinction between (...) purely external statements, which are independent from all frameworks, and pragmatic external statements, which concern which framework one should adopt, and argue that the latter express noncognitive mental states. Specifically, I argue that “frameworks” are systems of rules for the assessment of statements, which are utterances of ordinary language sentences. Pragmatic external statements express noncognitive dispositions to follow only certain rules of assessment. For instance, “numbers exist” understood as a pragmatic external statement expresses a noncognitive disposition to use only rules of assessment according to which numbers do exist. Carnap can thereby be understood as proposing a distinctive form of noncognitivism about ontology that is in some respects analogous to norm-expressivism in metaethics. (shrink)

This paper examines the culture, the dynamics and the financial underpinnings that determine how medical research is being conducted on children in the United States. Children have increasingly become the subject of experiments that offer them no potential direct benefit but expose them to risks of harm and pain. A wide range of such experiments will be examined, including a lethal heartburn drug test, the experimental insertion of a pacemaker, an invasive insulin infusion experiment, and a fenfluramine "violence prediction" experiment. (...) Emphasis, however, is given to psychoactive drug tests because of the inherent ethical and diagnostic problems involved in the absence of any objective, verifiable diagnostic tool. Effort is made to provide readers comprehensive reference sources to evidence-based reports about the serious risks these drugs pose for adults and children so that the reader may judge whether the benefits (if any) outweigh the risks for children. The first ethical issue raised by these experiments is: did the severity of illness in these children justify their exposure to short and long-term risks? The ethics of the experiments will be evaluated by referring to existing codes of medical research ethics-the Nuremberg Code, the Declaration of Helsinki, and the federal Code of Regulations. The thirteen cases presented will demonstrate that children are being used in ever more speculative experiments, often in the absence of a therapeutic intent, but a significant chance for causing harm and / or discomfort. Some of the experiments were designed to explore the mechanisms of pathology and pharmacological interventions, or the response of neurological brain receptors to chemical provocation ("challenge"). Others were designed to test the safety or efficacy of new drugs, even to test these drugs on healthy children who were hypothesized to be "at risk." Children and adolescents have been subjected to "forced dose titration" experiments that induced a spectrum of severe adverse effects, including insomnia, extreme restlessness, agitation, (akathisia) and self-injurious behavior. FDA reports show that suicide is a significant issue in psychotropic drug trials-in pediatric trials the problem is even greater. The paper aims to demonstrate how the enactment of the Better Pharmaceuticals for Children Act (incorporated into the Food and Drug Administration Modernization Act, FDAMA), set in motion a radical shift in public policy by providing huge financial incentives to pharmaceutical companies to test new or patented drugs in children. Federal policy shifted from one aimed at protecting children by setting limits on permissible research risks, to a policy aimed at broadening the inclusion of children as test subjects. It will be shown how the FDA and the Department of Health and Human Services lifted regulatory restrictions to permit research involving greater than minimal risk to be conducted on healthy children, claiming that all children are potentially "at risk" of a future condition. Children were in this way deprived of regulatory protections. An argument will be made that the approval of nontherapeutic, harmful experiments-such as exposure of toddlers to lead poison-under the current gate keeping system raises serious doubts about the sustainability of institutional review boards (IRBs) as protectors of human research subjects. Children, who are precluded from exercising the adult human's right to informed consent, are being exploited as commodities for commercial ends. It is the position of the author that nothing less than the enactment of a federal law mandating a radical overhaul of the current research review system, with independent checks and balances, will provide children the legal protections they need. Ten specific recommendations are offered to protect children from harmful experiments. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Operating Through HatredAndrew G. Shuman“You’re not cutting my ***ing neck. The cancer is in my ***ing mouth.”While many patient encounters are memorable, Mr. K’s introduction to the head and [End Page 20] neck surgical oncology clinic is indelibly imprinted into the minds of all of the clinicians present on that certain autumn morning. This was, quite simply, a man who resonated hate. He was rude and disruptive. He (...) insisted on an expedited workup “without any waiting.” He questioned the ethnicity and nationality of his care providers. He told me, in no uncertain terms, that he did not appreciate my Jewish heritage—the swastika tattooed on his bicep underscored the point. He bragged about his recent incarceration for armed robbery. While my colleagues and I were tempted to simply refuse to assume his care, Mr. K had a bad problem—his recurrent tongue cancer required a major operation in order to offer him any hope for cure.Mr. K initially received an abbreviated course of radiation at an outside institution, which was limited by his non–compliance. While one might debate the wisdom of this decision in retrospect—in general, surgery is preferred for his type of tumor—the die was already cast. A heroic attempt at surgical salvage was now his only curative option. He previously sought care elsewhere... only to be fired by this original surgeon when Mr. K physically threatened him in the outpatient office during preoperative consultation. [It was the doctor’s fault for insulting him in the first place, Mr. K maintained... and no charges were filed.] We were, indeed, his last resort. Other than his recurrent cancer, Mr. K was robust; he was in his sixth decade, physically fit, and on the whole, fairly healthy. In the classic surgical lexicon, he was a reasonable surgical candidate. But was it reasonable to operate on such a person?I remember thinking, at the time, about our obligation to care for such an individual. Of course, being a medical professional carries with it many obligations, including a judicious assumption of personal risk. And, working in a tertiary care center begets the responsibility to assist referring clinicians in the management of difficult cases. Although professional obligations certainly have their limits, defining their bounds is decidedly more difficult. Paramount is creating an atmosphere of mutual trust and acceptance. Naturally, this was easier said than done in regard to Mr. K.Perhaps against our better judgment, we agreed to operate under the condition that he abide by strict behavioral ground rules, on our terms. We agreed upon the extent of the necessary operation (which indeed involved cutting his ***ing neck, much to his chagrin and reluctant acceptance). Mr. K promised to follow instructions for postoperative care. He assured us that he would not swear or yell (again). And, in the presence of hospital security, who reinforced our institutional policies regarding patient behavior, he guaranteed that he would not be verbally or physically violent or inappropriate, and would not make disparaging comments to other patients or staff. It seemed, at least, that we had an understanding.Needless to say, these rules were broken shortly after he awoke from surgery. I vividly remember being summoned from the OR when he threatened to murder his impressionable and terrified nurse a few days later, who would not acquiesce to his unreasonable demands. From that point onward, hospital security was deployed to his room regularly, and anything resembling a potential weapon was safeguarded. Any semblance of a mutual doctor–patient bond was shattered. At this point, everyone’s goal was simply to get Mr. K home.My visceral reactions to his behavior, while intense, were not unexpected, and fell in line with those of the entire team of clinicians caring for him. His antics brought his healthcare team together in collective unity (and condemnation). However, my surgical colleagues and I also felt somewhat guilty and responsible. While surgeons can choose to assume some degree of inherent personal danger in caring for a violent and angry patient, we also put the safety and soundness of the entire perioperative team in jeopardy, without necessarily seeking their input. But once we had decided to... (shrink)

Let V be a finite relational vocabulary in which no symbol has arity greater than 2. Let be countable V‐structure which is homogeneous, simple and 1‐based. The first main result says that if is, in addition, primitive, then it is strongly interpretable in a random structure. The second main result, which generalizes the first, implies (without the assumption on primitivity) that if is “coordinatized” by a set with SU‐rank 1 and there is no definable (without parameters) nontrivial equivalence relation on (...) M with only finite classes, then is strongly interpretable in a random structure. (shrink)

PROGRAMA DE AGRESSORES COMO PARTE DA RESPOSTA COORDENADA DA COMUNIDADE – A EXPERIÊNCIA DO GRUPO REFLEXIVO DE HOMENS NO MINISTÉRIO PÚBLICO DO RIO GRANDE DO NORTE.

My main concern in this paper is to develop some ideas within the Kantian ethical tradition. More precisely, my aim is to develop an ethical perspective that is grounded upon the Kantian ideas of autonomy and ideal of the person (Kant’s notion of humanity) as fundamental starting points for a coherent account of Kant’s ethics in contrast to the deontological duty-based interpretation of his moral philosophy, then sketch, subsequently, some suggestions to show why this reading has more philosophical import than (...) what a deontological reading may provide. I take no issue for the time being however, as to whether or not the perspective I have in mind leads to either a Kantian orthodoxy or a revisionist direction in Kant scholarships. (shrink)

In this article, I want to ponder one particular aspect of Michel Serres as a writer: the peculiar impression that his texts are written as if “in many tongues.” Serres’s ambition with writing was to “travel light,” and indeed “lightning fast.” His style, I will argue, is characterized by a chiastic crossing of light and time whose proportioning is cosmic and architectonic, and figures canons of how embodied knowledges can cohabit in a domain of wisdom and ethical respect.

In this article, I try to go beyond the traditional objections to strict liability public welfare offenses and confront other possible justifications for punishing non-culpable conduct. Specifically, I consider the following arguments:Penalties for public welfare offenses are punishment by name only, thus traditional justifications for punishment are not needed;Even if those penalties are punishment, punishing those who produce or threaten significant harm to others is not necessarily unjust; andEven if such punishment is not entirely just, it is consistent with other (...) widely accepted criminal law doctrines. (shrink)

Most courts around the world have been refusing wrongful life actions. The main argument invoked is that the supposed compensable injury cannot be classified as such, since life is always a blessing no matter how hard and painful it is.In opposition to mainstream scholars and the dominant case law, this article sustains that life must be distinguished from living conditions, the former being the real injury at stake, since some living conditions are so intolerable that in themselves they justify a (...) compensation within wrongful life actions. (shrink)

Suzie loves to talk. A successful mid-thirties businesswoman, she is a self-described social butterfly—which made her diagnosis of tongue cancer even more devastating. She came to the clinic complaining of a lump in her throat, which in most young healthy people turns out to be benign and easily treated. But not for Suzie, who had a very rare salivary tumor arising in the back of her tongue. Its slow growth was both a blessing and a curse; such tumors do not (...) kill people quickly, but they typically require surgery. It would slowly and relentlessly grow until and unless we removed most of her tongue. In head and neck surgery, issues of appearance, identity, function, and communication are the foremost considerations when we decide when, and whether, to operate. As the adage goes, knowing when not to operate is the sine qua non of the wise surgeon. But the inverse is also true. (shrink)