The experience of having to suffer debilitating pain is far too common in the United States, and many patients continue to be inadequately treated by their doctors. Although many physicians freely admit that their pain management practices may have been somewhat lacking, many more express concern that the prescribing of heightened levels of opioid analgesics may result in closer regulatory scrutiny, criminal investigation, or even criminal prosecution.Although several researchers have examined the regulatory environment and the threat of sanction or harm (...) it poses to physicians and patients, few have examined the likelihood of investigation or prosecution stemming from the aggressive use of opioids in physician-directed pain management. Accordingly, in an effort to assess whether the fear of prosecution is realistic and, if so, what factors contribute to its likelihood, we surveyed chief prosecutors in four states about their knowledge, opinions, and attitudes concerning opioids and the prosecution of physicians stemming from the treatment of patients who were either terminally ill or suffering from chronic noncancer pain. (shrink)

Foucault, Power, and Education invites internationally renowned scholar Stephen J. Ball to reflect on the importance and influence of Foucault on his work in educational policy.

This essay responds to Hirstein, Sifferd and Fagan’s book, Responsible Brains, which claims that executive function is the guiding mechanism that supports both responsible agency and the necessity for some excuses. In contrast, I suggest that executive function is not the universal acid and the neuroscience at present contributes almost nothing to the necessary psychological level of explanation and analysis. To the extent neuroscience can be useful, it is virtually entirely dependent on well-validated psychology to correlate with the neuroscientific variables (...) under investigation. The essay considers what executive function is and what the neuroscience adds to our understanding of it. Then it addresses moral and legal responsibility generally, and specific doctrines. Executive function is seldom found to be the most perspicuous approach to any of the general or specific moral and legal questions. (shrink)

Temporality underpins how living systems coordinate and function. Unlike measures that use mathematical conventions, lived temporalities grant functional cohesion to organisms-in-the-world. In foxtail grasses, for example, self-maintenance meshes endogenous processes with exogenous rhythms. In embrained animals, temporalities can contribute to learning. And cowbirds coordinate in a soundscape that includes conspecifics: social learning allows them to connect copulating with past events such that females exert ‘long-distance’ control over male singing. Using Howard Pattee’s work, we compare the foxtail’s self-maintenance, gender-based cowbird learning (...) and how humans manage multi-scalar activity. We argue that, while all living things coordinate, temporal ranging is typical of vertebrates. As primates, humans too use temporal ranging – they can draw on social learning, anticipate winter and manage coordinated action. However language behaviour grants new control over the scales of time. People connect the impersonal to lived experience in narratives, as they draw on autobiography and enact cultural practices. Humans become singular individuals who use temporal experience to manage affect, relationships, beliefs, fictions, and knowledge. Individual subjectivity permits collaborative and competitive activity based on linking events with quite different histories. As a result, alone of the vertebrates, we claim that humans become time-rangers. (shrink)

SummaryKekulé first suggested a hexagonal structure for benzene in 1865. For over a half-century after, chemists struggled to reconcile proposed structures for benzene and other aromatic compounds with their resistance to chemical transformation and tendency to maintain the type during reaction. The combined structural and reactivity features of these compounds were eventually covered by the term ‘aromaticity’. Kekulé, Bamberger and Thiele had each proposed a criterion for aromaticity; all were either empirically contradicted or incapable of evaluation. In the 1930s, two (...) rival quantum mechanical methods succeeded in establishing a physical basis for aromaticity. Using valence bond theory, Pauling attributed benzene's stability to its being a resonance hybrid of several Lewis structures. Calculating resonance energies was challenging but manipulating Lewis structures was not; that procedure provided qualitative insights into aromatic structure and reactivity. Resonance theory appealed especially to organic chemists and eclipsed Hückel's contemporaneous molecular orbital approach, which remained relatively inaccessible. In the 1950s, however, simple rules derived from Hückel's mathematics, combined with proton NMR data, provided seemingly universal criteria for aromaticity. In the event, post-1950 discoveries of non-organic, three-dimensional compounds such as ferrocene and the fullerenes that exhibit aromatic properties led chemists to doubt the utility and universality of ‘aromaticity’ as a concept. A recent consensus maintains that aromaticity is a multi-variable phenomenon that cannot be reduced to a strict definition, a property it shares with other core chemical concepts such as ‘acidity’ and ‘reactivity’. (shrink)

This book develops an alternative approach to sentence- and word-meaning, which I dub the speech-act theoretic approach, or STA. Instead of employing the syntactic and semantic forms of modern logic–principally, quantification theory–to construct semantic theories, STA employs speech-act structures. The structures it employs are those postulated by a novel theory of speech-acts. STA develops a compositional semantics in which surface grammar is integrated with semantic interpretation in a way not allowed by standard quantification-based theories. It provides a pragmatic theory of (...) truth, a treatment of logically complex discourse as expressive cognitive states, and a background metaphysics in which the world is a totality of logically simple states of affairs. The book also puts forward an account of how intentional states provide the simple, representational foundation for a superstructure of speech-act structures–a system of thoughts–that far outruns the expressive power of the intentional foundation. In short, it provides an account of cognitive foundations of a language and a naturalistic reduction of semantics through an expressive theory of semantic norms. (shrink)

Transnational corporations have become actors with significant political power and authority which should entail responsibility and liability, specifically direct liability for complicity in human rights violations. Holding TNCs liable for human rights violations is complicated by the discontinuity between the fragmented legal/political structure of the TNC and its integrated strategic reality and the international state system which privileges sovereignty and non-intervention over the protection of individual rights. However, the post-Westphalian transition—the emergence of multiple authorities, increasing ambiguity of borders and jurisdiction (...) and blurring of the line between the public and private spheres—should facilitate imposing direct responsibility on transnational firms. Mechanisms for imposing direct responsibility on TNCs are considered including voluntary agreements and international law. However, I conclude that a hybrid public-private regime which relies on non-hierarchical compliance mechanisms is likely to be both more effective and consistent with the structure of the emerging transnational order. (shrink)

Bermúdez persuasively argues that framing effects are not as irrational as commonly supposed. In focusing on the reasoning of individual decision-makers in complex situations, however, he neglects the crucial role of the social-communicative context for eliciting certain framing effects. We contend that many framing effects are best explained in terms of basic, rational principles of discourse processing and pragmatic reasoning.

Medicalized Death and the Right to Die Movement Prior to the 20th Century, most Americans died at home, surrounded by family, friends, and neighbors. Religion, not medicine, governed the death bed for there was little physicians could do for the dying. Eventually, however, advances in medicine and technology would lead to dramatic changes in the timing and location of death: patients not only began living longer, they were also dying longer, and unlike their predecessors, were more likely to die alone, (...) in institutions, and among strangers. Modern medicine, in its zeal to conquer death, had become obsessed with its curative function and ability to extend the lives of the dying. To many in the medical community, death represented failure and was something to be avoided at all costs, and like many other social problems in the United States, had become medicalized. (shrink)

People regularly encounter metaphors in a variety of different communicative settings, but most studies of metaphor framing have relied exclusively on written materials. Across three experiments (N...

The current system of ethical oversight in the United States is based on Institutional Review Board (IRB) review. The system was established in response to well-known and egregious mistreatment of subjects in both biomedical and social and behavioral research. In the decades since the research regulations were enacted, reaction to the burden of IRB oversight has led the system to focus on compliance and limit its active oversight disproportionately to studies that could present the risk of physical harm. At the (...) same time, the characteristics of the research enterprise have changed and methodologies now present novel risks that were not envisioned in the regulations. We convened a group of IRB professionals, academic leaders, and others to discuss limitations of the current system, how that system could be changed to recognize evolving risks and an increasing focus on participant and community voice, and how it could better serve the needs of researchers and support the societal project of science as a public good. Recommendations included a call to reexamine the academic incentive structure, to develop a system to support consideration of ethical principles from the time of study design, and to explicitly provide different ethical support and oversight for high-risk interventional trials and lower risk biomedical and social behavioral research. (shrink)

This handbook is one of the first comprehensive research and teaching tools for the developing area of global media ethics. The advent of new media that is global in reach and impact has created the need for a journalism ethics that is global in principles and aims. For many scholars, teachers and journalists, the existing journalism ethics, e.g. existing codes of ethics, is too parochial and national. It fails to provide adequate normative guidance for a media that is digital, global (...) and practiced by professional and citizen. A global media ethics is being constructed to define what responsible public journalism means for a new global media era. Currently, scholars write texts and codes for global media, teach global media ethics, analyse how global issues should be covered, and gather together at conferences, round tables and meetings. However, the field lacks an authoritative handbook that presents the views of leading thinkers on the most important issues for global media ethics. This handbook is a milestone in the field, and a major contribution to media ethics. (shrink)

In his 1967 paper 'A Causal Theory of Knowing', Alvin Goldman sketched an account of empirical knowledge in terms of appropriate causal connections between the fact known and the knower's belief in that fact. This early causal account has been much criticized, even by Goldman himself in later years. We argue that the theory is much more defensible than either he or its other critics have recognized, that there are plausible internal and external resources available to it which save it (...) from many objections in the literature (in particular, objections raised by Harman, Pappas and Swain, Klein, Dretske, Goldman, Shope, Ackermann, Morawetz, and Collier). (shrink)

The legalization of physician-assisted suicide remains a hotly debated issue throughout the United States, and continues to capture the attention of government officials at both the state and federal levels. While the practice is currently legal in Oregon, some federal lawmakers and officials from the U.S. Department of Justice have attempted to outlaw that state's practice through legislation, or through a strained interpretation of the federal Controlled Substances Act. And while several citizen groups throughout the United States have attempted but (...) failed to legalize PAS through popular initiative, several state lawmakers have succeeded in specifically outlawing the practice. Yet even though physician-assisted suicide remains unlawful in every state except Oregon, there is ample evidence that American physicians throughout the United States have participated in PAS by providing their terminally ill patients with lethal prescriptions. (shrink)

Parents play an integral role in the mental health service provision of children and adolescents, and they can have significant effects on the outcomes of youth. A growing body of research has linked parents’ own mental health status to numerous outcomes for their children, and recent guidelines have emerged recommending the assessment of parent psychopathology when treating child patients. However, these recommendations present a range of ethical considerations. Mental health professionals must determine if the assessment of a parent is empirically (...) supported and that an assessment procedure appropriate for parents can be feasibly implemented. They must also respect the autonomy and confidentiality of parents while ensuring that assessment findings can be translated to meaningful benefits for child patients. This article details and discusses each of these concerns within the context of the relevant principles and standards of the 2016 American Psychological Association’s Code of Ethics. Further, it provides guidelines, relevant clinical examples, and an applied model for mental health professionals to consider the ethical implications of assessing parent mental health when serving child patients. (shrink)

This paper traces three paradigmatic responses to the presence of evil in nature. Thomas Henry Huxley depicts nature as the enemy of humanity that morality combats “at every step.” Henry Drummond views nature as benevolent, a friend of humanity, and the ultimate basis for morality. The paper argues that a third view, that of Thomas Aquinas, regards nature as creation, capable of being neither enemy nor friend of humanity but rather the context within which relations of enmity or friendship develop (...) between human beings and God. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:AQUINAS AND THE PRESENCE OF THE HUMAN RATIONAL SOUL IN THE EARLY EMBRYO STEPHEN J. HEANEY University of Saint Thomas Saint Paul, Minnesota FIRST IN RELATION to evolution and more recently in relation to abortion, there has been a recurrence of Thomas Aquinas's arguments for the thesis that the human rational soul is not present in the human body immediately upon conception. Since soul and body must be (...) proportioned to each other, it is argued, a rational soul cannot be present until the human body is formed enough to support it, i.e., until there are organs in place through which the rational soul can begin to exercise its proper powers. The question of this paper is : Given modern embryological knowledge, would Aquinas be likely to come to the same conclusion? In regards to such a question Rudolph Gerber has made the following observation: Some scholastic philosophers and theologians insist that it is simply impossible to determine exactly when rational animation occurs. This belief, however, has deterred few prophets in either camp from stating their positions with dogmatic certainty.1 The authors whose interpretations we will be encountering in this paper have generally been less than dogmatic, but they have been insistent on the rectitude of their respective positions. I will attempt to do likewise : I am in no position to be dogmatic (after all, how will we test the thesis?), but I believe I have good grounds for the conclusion I have reached. 1Rudolph Gerber, "When Is the Human Soul Infused?" Laval theologique et philosophique 22 (1966) : 235. 19 20 STEPHEN J. HEANEY We begin with certain positions which both sides in the debate agree upon : the human intellectual soul is produced immediately by God and not through another agency since, as immaterial, it cannot come from a change in matter; 2 further, the human soul is infused, that is, produced directly in a body as the body's natural perfection.8 As we shall see in the texts, Aquinas argues that this latter position requires that, while the embryo is alive, it is alive first through the power of a vegetative soul, then a sensitive soul, and finally, when the body is organized enough to be able to perform the functions demanded of it, by a rational soul, this ultimate form replacing the previous one. This theory of delayed animation--or, more to the point of this paper, the view that Aquinas would today still hold such a theory-has several contemporary proponents. The most prominent spokesman is Joseph Donceel, S.J. He has presented his arguments in a pair of articles' which we will now review. In the earlier article, Donceel blames a latent Cartesianism for the proliferation of supporters of immediate hominization. If you hold, with Descartes, that the soul and body are two separate substances, that the soul is not the form of the body, then there is " no longer any reason for rejecting the presence of a real human soul in a virtual human body," 5 i.e., in matter that has the potential to be a human body (with human shape) but is not one yet. Thus, the soul could act as the efficient cause of the body, molding the matter into the organs proper to human beings. This, however, is not Aquinas's view, Donceel argues; "he did not admit that an actual human sould could be coupled with a virtual human body," 6 because "a substantial form can exist only in and with a human body." 7 If we accept the Cartesian 2 S. Th. I, 90, 3, corp. s S. Th. I, 90, 4, corp. 'Joseph Donceel, S.J., "Abortion: Mediate v. Immediate Animation," Continuum 5 (1967): 167-71; "Immediate Animation and Delayed Hominization," Theological Studies 31 (1970) : 76-105. B Donceel, "Abortion," p. 169. e Ibid., p. 168. T Ibid. THE HUMAN SOUL IN THE EARLY EMBRYO 21 explanation, we would be equating the soul with the architect or builders of a building. These, however, are not the building's form; that exists only in the finished building. Rather, Donceel says that the soul is related to the body as sphericity to a ball. An embryo is like... (shrink)

The globalization of securities markets has resulted in a rapid increase in securities transactions that cut across the national borders of more than one country. Individual country regulators cannot avoid the question of how regulatory authority should be allocated for such transactions. Rather, they continue with the present territorial regime, which allocates regulatory authority based on the location of a particular transaction and the effects associated with the transaction. This article assesses a range of alternate responses to globalization. Some have (...) argued that a company’s home country should regulate all transactions in the company’s securities regardless of location. Others have argued for increased harmonization across different country securities regulatory regimes. The article instead contends that giving issuers a greater degree of freedom to select among the securities regulatory regimes of different countries will result in both more desirable levels of investor protections as well as increased social welfare. Arguments have been raised against a move toward greater issuer choice in securities regulation. The article responds to such criticism, pointing out that the present territorial regime suffers from even greater flaws. (shrink)

This paper adopts a pragma-dialectic approach to explore inclusion in real-world argumentation. Having outlined theories of deliberative democracy—focussing on Habermas’s discourse model—and pragma-dialectic methods for analysing argumentative exchanges in the real world, we then relate them. From this we identify the potential for using the enhanced detail of pragma-dialectic analysis to constructively understand dynamics of inclusion in the political decision processes of central concern to deliberative democratic theories.In the remainder of the article we illustrate this potential with our own pragma-dialectic (...) analysis of an instance of real-world argumentation in a political policymaking process—a deliberative forum in the contentious field of mental health. The detail afforded by the pragma-dialectic method allows us to more clearly identify the complex layers and dynamics of argument involved in these policy deliberations, allowing insights into mechanisms for inclusion in deliberations, relative to the parties to such deliberations, their roles and competing interests and perspectives.By relating the two fields of deliberative democratic theory and pragma-dialectics this article aims to develop their complementary potential—in particular by suggesting, and briefly illustrating—how pragma-dialectic methods might enhance analysis of the dynamics of argumentation in political policymaking processes, in particular as an aid to constructive reflection on those processes by theorists and participants together. (shrink)

This chapter attempts to improve our conception of objectivity in general, especially in journalism and other media work. It defends the twin theses that: Global news media needs a new conception of objectivity and the conception of pragmatic objectivity is a viable candidate, and pragmatic objectivity is part of a radical rethinking of journalism and media ethics. It is an alternative to the professional objective model, a still-influential traditional idea of the objective journalist as a neutral stenographer of fact. Journalists (...) need to disrupt this model of good journalism. The chapter reconstructs objectivity as a natural evaluative capacity of humans that is situated and holistic. Then, it uses this naturalistic perspective to articulate pragmatic objectivity and apply it to journalism. (shrink)