It was a privilege to attend the symposium Defining Health Law for the Future, and join with so many of Georgia State University College of Law Professor Emerita Charity Scott’s colleagues and friends, supporters, former students, mentees, and presenters. It was a symposium that fittingly served as a tribute to Charity and the remarkable impact she had on the many communities she touched. To the Harrell/Scott family — thank you so much for helping us celebrate Charity and her work.

Antimicrobial resistance is one of the greatest public health crises of our time. The natural biological process that causes microbes to become resistant to antimicrobial drugs presents a complex social challenge requiring more effective and sustainable management of the global antimicrobial commons—the common pool of effective antimicrobials. This special issue of Health Care Analysis explores the potential of two legal approaches—one long-term and one short-term—for managing the antimicrobial commons. The first article explores the lessons for antimicrobial resistance that can be (...) learned from recent climate change agreements, and the second article explores how existing international laws can be adapted to better support global action in the short-term. (shrink)

In a study of the kin investment of aunts and uncles we show that the laterality effect expected as a result of paternity uncertainty is statistically reliable but somewhat smaller than the sex effect. Matrilateral aunts invest significantly more than patrilateral aunts, and the same is true for uncles. Regardless of laterality, however, aunts invest significantly more than uncles. Multivariate controls show that the matrilateral bias is fully independent of any age or distance confounds that might result from sex differences (...) in age at marriage or dispersal. We discuss our results in relation to recent findings on the kin investment of grandparents (Euler and Weitzel 1996). In addition, we propose a simple method for estimating the level of paternity uncertainty from kin investment data; application of this method to our data on aunts and uncles suggests that between 13% and 20% of children are not the offspring of their putative father. Our parallel analyses of Euler and Weitzel’s (1996) data on grandparental investment suggest a similar estimate, that paternity uncertainty lies between 9% and 17%. (shrink)

Most proposals for new international agreements aim to address important global challenges. If the goal is to solve problems, then the value of these agreements depends on their ability to influence the world — to shape norms, constrain behavior, facilitate cooperation, and mobilize action. A recent review of empirical studies has suggested that many international agreements fail to achieve their aspirations. The review indicates that the form in which states make commitments to each other — through an international legal agreement (...) or through other means — may not be as important as commonly thought. It is the content of the commitments and how these are supported by mechanisms to encourage implementation that matter the most. When developing proposals for new international agreements, like the one that has recently been proposed to address antibiotic resistance, attention to implementation mechanisms should therefore be equal to if not greater than the attention paid to its form. (shrink)

According to Michael Barnwell, Aquinas’s explanation of the first cause of moral evil is inadequate. Against Barnwell’s criticisms, this article defends Aquinas, according to whom the first cause of moral evil is the failure to consider the moral rule. According to Barnwell, the ignorance found within Aquinas’s explanation must remove moral responsibility; Barnwell also points out that the failure to consider the moral rule does not explain the sinfulness of the action. Underlying Barnwell’s criticisms are certain presuppositions and oversights. First, (...) he fails to distinguish between explaining how a sinful choice is possible (Aquinas’s concern) and what makes the choice to be sinful (part of Barnwell’s concern). Second, he supposes that an awareness of one’s own ignorance must include detailed awareness of the content of that ignorance. Finally, he supposes that an initial causal defect can be voluntary only when there is full knowledge concerning it. (shrink)

*Tackles the Thomistic debate surrounding the inherent good and evil of human actions*.

This book offers an original theory of adjudication focused on the ethics of judging in courts of law, and proposes two main theses. One is the good faith thesis, which defends the possibility of lawful judicial decisions even when judges exercise discretion. The other is the permissible discretion thesis, which defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together these two theses oppose both conservative theories that would restrict the scope (...) of adjudication unduly, and leftist critical theories that would liberate judges from the rule of law. (shrink)

Any theoretician constructing a serious model of consciousness should carefully assess the details of empirical data generated in the neurosciences and psychology. A failure to account for those details may cast doubt on the adequacy of that model. This paper presents a case in point. Dennett and Kinsbourne's (Dennett, D., & Kinsbourne, M. (1992). Time and the observer: The where and when of consciousness in the brain. Behavioral and Brain Sciences, 15, 183-243) assault on the materialist version of the Cartesian (...) Theater model of the mind relies significantly on the superiority of their Multiple Drafts model of consciousness as an explanation of the phenomenon of metacontrast. However, their description of metacontrast is, in important ways, inadequate. The result is that their explanation of how the Multiple Drafts model handles this phenomenon fails to account for the actual data. In this paper I offer a more complete description of metacontrast, show how Dennett and Kinsbourne's explanation fails, and argue that there are good theoretical reasons for choosing the so-called Stalinesque model over the so-called Orwellian model. (shrink)

Antimicrobial resistance is a global collective action problem with dire consequences for human health. This article considers how domestic and international legal mechanisms can be used to address antimicrobial resistance and overcome the governance and political economy challenges that accelerate it.

This paper analyzes criteria of fair division of a set of indivisible items among people whose revealed preferences are limited to rankings of the items and for whom no side payments are allowed. The criteria include refinements of Pareto optimality and envy-freeness as well as dominance-freeness, evenness of shares, and two criteria based on equally-spaced surrogate utilities, referred to as maxsum and equimax. Maxsum maximizes a measure of aggregate utility or welfare, whereas equimax lexicographically maximizes persons' utilities from smallest to (...) largest. The paper analyzes conflicts among the criteria along with possibilities and pitfalls of achieving fair division in a variety of circumstances. (shrink)

Of the many Schoolmen who read the pseudo-Aristotelian Secretum secretorum in the thirteenth century, none was more enthusiastic about this book than Roger Bacon. So highly did Bacon regard the Secretum that he prepared a redaction of the text, annotated it, and wrote an accompanying introductory treatise. Historians have long recognized the importance of Bacon's confrontation with the Secretum, but they have also misunderstood it. They have wrongly divided up Bacon's Secretum project between two widely separated dates. They have left (...) unasked the capital question of why Bacon undertook this project. More generally, they have fundamentally misjudged the place of the Secretum in Bacon's intellectual biography. Consequently, there are several distortions and gaps in the picture of Bacon's career currently circulating that deserve our critical attention. (shrink)

Christopher Tollefsen, relying on the new natural law theory, has suggested that in the Phoenix abortion case, the action might be characterized simply as removing the baby rather than killing the baby. Tollefsen and other proponents of the new natural law theory fail to give proper weight to the observable facts of the world around us, and thereby tend to ignore the importance of observable causes in shaping the character of our intentions and our actions. An appreciation of the role (...) of causes reveals that our intentions cannot so readily land on one description of an action and exclude other descriptions. For the Phoenix case, the description “harming the baby” cannot fall outside the doctors’ intention. National Catholic Bioethics Quarterly 14.2 : 273–293. (shrink)

The Human Condition is neither a well-defined nor well-described concept—nevertheless, it is generally agreed that human sexuality is a fundamental and constituent part of it. For most able-bodied persons, accessing and expressing one's sexuality is a (relatively) trouble-free process. However, many disabled persons experience difficulty in accessing their sexuality, while others experience such significant barriers that they are often precluded from sexual citizenship altogether. Recognising the barriers to the sexual citizenship of disabled persons, the concept of a Welfare-Funded Sex Doula (...) Program has been advanced — a program specifically aimed at meeting the various (and often complex) sexual needs of disabled people. Below we show how that program can be justified within at least two different moral frameworks, the capabilities approach and liberal utilitarianism, and consider and repudiate arguments against it. (shrink)

The concepts of omniscience and omnipotence are defined in 2 ? 2 ordinal games, and implications for the optimal play of these games, when one player is omniscient or omnipotent and the other player is aware of his omniscience or omnipotence, are derived. Intuitively, omniscience allows a player to predict the strategy choice of an opponent in advance of play, and omnipotence allows a player, after initial strategy choices are made, to continue to move after the other player is forced (...) to stop. Omniscience and its awareness by an opponent may hurt both players, but this problem can always be rectified if the other player is omniscient. This pathology can also be rectified if at least one of the two players is omnipotent, which can override the effects of omniscience. In some games, one player's omnipotence ? versus the other's ? helps him, whereas in other games the outcome induced does not depend on which player is omnipotent. Deducing whether a player is superior (omniscient or omnipotent) from the nature of his game playing alone raises several problems, however, suggesting the difficulty of devising tests for detecting superior ability in games. (shrink)

Abstract“Psychological essentialism” refers to our tendency to view the natural world as emerging from the result of deep, hidden, and internal forces called “essences.” People tend to believe that genes underlie a person’s identity. People encounter information about genetics on a regular basis, as through media such as a New York Times piece “Infidelity Lurks in Your Genes” or a 23andMe commercial showing people acquiring new ethnic identities as the result of their genotyping. How do people make sense of new (...) scientific findings that are inherently complex if they don’t have years of specialized training and education at their disposal? Given the substantial overlap between a lay understanding of genetics and lay intuitions about essences, we argue that, when most people are thinking about genes, they are not really thinking about genes in the complex ways that good scientists are. Combating people’s essentialist biases can be a formidable challenge. Although we have identified some promising results of trying to reduce people’s genetic essentialist tendencies, there is still much to learn about how these essentialist biases can be countered. It is important to help people understand genetic information so they are able make well‐informed decisions about their lives. (shrink)

This article aims to defend the thesis—originally defended by Alan Donagan but rejected by Philippa Foot and most others—that the doing/allowing distinction is based upon the difference between acting and failing to act. The paper restricts its focus to the second aspect of this thesis: that every allowing is most fundamentally a failure to act. Foot rejects the thesis because of cases of ‘enabling harm’—such as removing a respirator—in which the agent allows some harm by way of doing something. The (...) troubling aspect of these cases, however, disappears when two points are better understood. First, an independent sequence must be understood in relation to the agent's own actions. Second, sometimes an agent has ongoing actions, such as the use of a respirator. (shrink)

The publication of this volume appears to be the most recent in a group of works whose appearance marks renewed interest in Duhem. Over the past ten years, attention has been focused on Duhem's life (Jaki 1984), his physics (Jaki 1984; Nye 1986, 208–23), his philosophy of science (Jaki 1984, chap. 9; Paul 1979, chap. 5; Ariew 1984),' and his history of science (Jaki 1984, chap. 10; Martin 1976). But the significance of this translation is that - leaving asideTo Save (...) the Phenomena– for the first time we have a partial translation into English of one of the two great historical works that revitalized the study of medieval science. (shrink)

The leading models of disability struggle to fully encompass all aspects of “disability.” This difficulty arises, the author argues, because the models fundamentally misunderstand the nature of disability. Current theoretical approaches to disability can be understood as “nounal,” in that they understand disability as a thing that is caused or embodied. In contrast, this paper presents an adverbial perspective on disability, which shows that disability is experienced as a personally irremediable impediment to daily-living tasks or goals-like-ours. The picture theory of (...) disability technically constitutes a species of relational approach because its analysis references the interplay between an individual and their environment; it differs from other relational accounts, however, by interpreting disability as a certain kind of negative experience—rather than a function of that relationship. This purely descriptive theory makes no normative claims about disability and operates as both a mechanism for the evaluation of the experience of disability and a heuristic device for the proper interpretation of disability. When disability is reframed in this way, the theory offers a particularist perspective which shows if, when, where, and how disability is experienced. (shrink)

At the end of the first part of the Philosophy of Right, Hegel outlines a retributivist theory of criminal punishment. According to this view, crime is an infringement of right, a negation which itself must be negated in order to establish the actuality of right. Crime is superseded through punishment, which inflicts on the criminal an injury that is equal in magnitude or “value” to the injury inflicted by the crime itself. Nothing in this account appears to foreclose the possibility (...) that an appropriate penalty for some crimes may be death. Indeed, some passages in the Philosophy of Right strongly imply an acceptance of the legitimacy of capital punishment for certain crimes, such as murder. (shrink)

Name der Zeitschrift: Neue Zeitschrift für Systematische Theologie und Religionsphilosophie Jahrgang: 61 Heft: 2 Seiten: 223-240.

The purpose of this article is to examine the applicability of the theory of projection for Anthropological hypotheses. The claim is made that Goodman's classic statement of the problem does not apply in its entirety to actual Anthropological hypotheses. The recent Freeman-Mead debate is employed as a framework for the discussion, illustrating that the issue of projectibility, while central for the social sciences, is best used as a backdrop to illustrate several important methodological problems. For Anthropology, and other related social (...) sciences, the central methodological problem, which is directly related to the projectibility one, is the development and justification of evidence-rules that can be used for a theory of confirmation. A preliminary attempt is then made to articulate the nature of these rules within the general Hempelian framework of qualitative confirmation. (shrink)

Neuromarketing is an emerging field in which academic and industry research scientists employ neuroscience techniques to study marketing practices and consumer behavior. The use of neuroscience techniques, it is argued, facilitates a more direct understanding of how brain states and other physiological mechanisms are related to consumer behavior and decision making. Herein, we will articulate common ethical concerns with neuromarketing as currently practiced, focusing on the potential risks to consumers and the ethical decisions faced by companies. We argue that the (...) most frequently raised concerns—threats to consumer autonomy, privacy, and control—do not rise to meaningful ethical issues given the current capabilities and implementation of neuromarketing research. But, we identify how potentially serious ethical issues may emerge from neuromarketing research practices in industry, which are largely proprietary and opaque. We identify steps that can mitigate associated ethical risks and thus reduce the threats to consumers. We conclude that neuromarketing has clear potential for positive impact on society and consumers, a fact rarely considered in the discussion on the ethics of neuromarketing. (shrink)

This book develops an “idiomatic” foundational theory of the self and its moral obligations. It then employs this theory to answer a variety of questions about legal obligation, political authority, community, and international justice. It argues that we ought to obey a particular community’s laws and government commands, so long as our government restricts itself to protecting classical liberty and individual property rights under the rule of law. It further argues that people today should ideally live in confederated, legally sovereign (...) nation-states or nation-unions. Finally, it suggests that we have greater obligations to our compatriots than we do to foreign citizens, although we will often have pressing moral reasons to obey foreign laws while abroad, grant citizenship to outsiders who wish to join us, and help relieve foreign people’s misery. (shrink)

While cognitive style congruence has been highlighted as a potentially important variable influencing performance outcomes in work-related contexts, studies of its influence are scarce. This paper examines the influence of leader-follower cognitive style similarity on followers’ organizational citizenship behaviors (OCBs). Data from 430 leader-follower dyads were analyzed using polynomial regression and response surface analysis. Results demonstrate that congruence of leader/follower cognitive style is a predictor of follower OCBs. Organizations may therefore benefit from considering issues of similarity of cognitive styles in (...) their attempts to develop effective leader-follower partnerships leading to increased OCBs and concomitant improvements in both individual and organizational level success. (shrink)