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)

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

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)

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)

Cutting a cake, dividing up the property in an estate, determining the borders in an international dispute - such problems of fair division are ubiquitous. Fair Division treats all these problems and many more through a rigorous analysis of a variety of procedures for allocating goods, or deciding who wins on what issues, when there are disputes. Starting with an analysis of the well-known cake-cutting procedure, 'I cut, you choose', the authors show how it has been adapted in a number (...) of fields and then analyze fair-division procedures applicable to situations in which there are more than two parties, or there is more than one good to be divided. In particular they focus on procedures which provide 'envy-free' allocations, in which everybody thinks he or she has received the largest portion and hence does not envy anybody else. They also discuss the fairness of different auction and election procedures. (shrink)

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)

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)

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 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)

As one of the most influential commentators on the role of modern philosophy, Richard Rorty's work impacted all areas of philosophical inquiry, including business ethics. Rorty's post-foundational approach to "moral imagination" can inform how we teach business ethics in a diverse and philosophically eclectic manner. A summary of Rorty's critique of philosophy, ethics, and applied ethics will be followed by a discussion of the implications for a critical pedagogy and the pragmatic use of an expansive philosophical lexicon in a business (...) ethics course. (shrink)

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.

The identity conception of truth holds that a thinkable is true just in case it is a fact. As such, it sets itself against correspondence theories of truth, while respecting the substantive role played by truth in respect of enquiry. In this article, I motivate and develop that view, and, in so doing, promote a particular conception of sense. This allows me to defend the view from two substantial criticisms. First, that the identity conception of truth is incoherent in respect (...) of its treatment of objects in the realm of reference, and, second, that it is committed to a view of the world in which ordinary objects have no place. (shrink)

Christopher Wellman and some allied scholars argue that a ‘samaritan theory’ can justify state coercion. They also suppose that states may provide robust, social egalitarian welfare provisions for a variety of reasons that would arise within samaritan states. However, the most promising reasons—samaritanism itself, natural socialism, relational equality, and anti-crime paternalism—cannot support robust provision without discarding the strong presumption favoring individual liberty which must motivate the samaritan theory. Consequently, a samaritan state cannot be a robust social welfare state.

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)

New natural law advocates are somewhat notorious for their loose action theory, having a track record of counterintuitive claims. In response to criticisms, advocates have entrenched, further defending their questionable action theory. This paper first rehearses the basic criticism against the new natural law action theory. It then examines four recent attempts to revive this action theory and finds these attempts wanting. Within these attempts, certain patterns arise. Given a certain means A to a goal C, a search is made (...) to determine whether any middle means B is implied by A. The standards of this search vary wildly, however. By some standards, a middle means can be found; by others, every middle means can be easily swept aside. The same author will sometimes use both kinds of standards, depending upon the situation. One great weakness of the action theory, then, is a lack of consistency in applying a universal standard. (shrink)

Deterrence means threatening to retaliate against an attack in order to deter it in the first place. The central problem with a policy of deterrence is that the threat of retaliation may not be credible if retaliation leads to a worse outcome - perhaps a nuclear holocaust - than a side would suffer from absorbing a limited first strike and not retaliating. - The optimality of deterrence is analyzed by means of a Deterrence Game based on Chicken, in which each (...) player chooses a probability (or level) of preemption, and of retaliation if preempted. The Nash equilibria, or stable outcomes, in this game are compared with those in a Star Wars Game, in which the preemption and retaliation levels are constrained by the defensive capabilities of each side. Unlike threats in the Deterrence Game, which can always stabilize the cooperative outcome, mutual preemption emerges as an equilibrium in the Star Wars Game, underscoring the problem - particularly if defensive capabilities are unbalanced - that deterrence will be subverted by the development of Star Wars. (shrink)

Facing a near-death experience naturally pushes people to re-examine their basic moral values. During the recent global economic melt-down, calls to solve the concomitant ‘moral’ crisis come in from all fronts. The presumption is that we need business ethics courses to teach our business students to learn to take the moral high-road; we need ethics pledges and codes of ethics to teach business students to do the right thing. But in reality, what impact can a business ethics class have on (...) business people in the real world of tough choices and intense competition? It is my contention that if we look at the teaching of business ethics from the traditional Foundational Platonic perspective, we over-promise and under-deliver. By contrast, a Post- Foundational perspective gives us a pragmatic and viable picture of business ethics pedagogy that can make a real difference. (shrink)

Both Pierre Duhem and his successors emphasized that medieval scholastics created a science of mechanics by bringing both observation and mathematical techniques to bear on natural effects. Recent research into medieval and early modern science has suggested that Aristotle's subalternate sciences also were used in this program, although the degree to which the theory of subalternation had been modified is still not entirely clear. This paper focuses on the English tradition of subalternation between 1310 and 1350, and concludes with a (...) discussion of the theory advanced by Thomas Claxton early in the fifteenth century. (shrink)

This volume is the latest in a series of books and articles stretching back more than three decades on a theme quite startling in its claims and implications: that terrestrial life did not originate on Earth but arrived in the form of cells or bacteria from outer space. The idea of “panspermia,” that the seeds of life are spread from planet to planet, dates to the 19th century with the ideas of Lord Kelvin. It was championed by the Swedish physicist, (...) chemist, and Nobelist Svante Arrhenius at the beginning of the 20th century. Once scientists recognized the difficulties of life surviving in the conditions of interplanetary and interstellar space, by the 1960s a neo-panspermia became popular: not life itself, but prebiotic chemicals were the new seeds of life, made more likely by the discovery of numerous complex organic molecules in meteorites, comets, and interstellar molecular clouds. But the difficulties of synthesizing anything more complicated than amino acids in the wake of the famous Miller-Urey experiment in 1953 kept alive the idea that life itself may be spread throughout the universe. At the center of this work is Chandra Wickramasinghe, a research student of the maverick astronomer Fred Hoyle. In 1962 Hoyle became interested in the origin and nature of interstellar dust, in particular as found in dense molecular clouds, and he and Wickramasinghe set to work on the problem. They became convinced that dust could not form inside molecular clouds, but must have originated in the atmospheres of cool stars, protoplanetary discs, or supernova ejecta, a theory now widely accepted. It was the next steps that became increasingly controversial: that the spectroscopic signature of dust was best explained by complex biomolecules such as cellulose; that biomolecules were assembled into still more complex forms inside comets; and that the living cells and bacteria generated there were responsible for the origin of life on Earth. And not only that: Hoyle and Wickramasinghe argued that the delivery of bacteria from space continues, affecting both the origin and the ongoing evolution of life, and may even be responsible for certain diseases on Earth. These theories were not only reported in reputable scientific journals such as Nature, but also in popular books including Lifecloud (1978), Diseases from Space (1979), and Evolution from Space (1981). Biologists were not impressed; Lynn Margulis, not known for the timidity of her own theories such as endosymbiosis, called the first book “wanton, amusing, promiscuous fiction.”. (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)