The sacred or holy is central to Heidegger’s later writings, “The Thing” and “Building Dwelling Thinking” taking it as their focus. This aspect of his philosophy is often viewed as lacking in coherence1 or an attempt to return to Ancient Greek religion.2 Heideggerian notions of the gods or the sacred have frequently been dismissed or neglected, with even sympathetic commentators like Julian Young playing down their importance.Heidegger’s later thought, however, represents one of the most radical attempts to critically rethink divinity (...) in Western thought, presenting the possibility of dialogue with the non-Western notions of divinity. Focusing on the Shinto notion of divinity,3 in this essay I will... (shrink)

Caring for the stranger -- Why compassion in politics? -- Historical perspectives on social welfare and global development -- Historical perspectives on human rights -- Compassion in religious and secular thought -- Justice and moral responsibility -- Altruism, empathy, and the making of "Us" and "Them" -- The moral politics of Liberals and Conservatives -- Politics against compassion in the United States -- Compassion in public policy and law -- Creating a more compassionate and just society.

Black and Gilson have argued that “venture capital can flourish especially – and perhaps only – if the venture capitalist can exit from a successful portfolio company through an initial public offering, which requires an active stock market.” But nothing in the Black and Gilson analysis requires that the exit option be a domestic capital market. In this article, I use the phenomenon of Israeli hi-tech companies going public on the Nasdaq as a case study to explore the connection between (...) a venture capital industry and domestic capital markets in a world of global capital and product markets. (shrink)

On January 11, 2024, the United Kingdom (U.K.) Supreme Court rendered its judgment in _Paul v Royal Wolverhampton NHS Trust_, restricting the circumstances in which “secondary victims” can successfully claim for damages in clinical negligence cases. This ruling has provided welcome clarity regarding the scope of negligently caused “pure” psychiatric illness claims, but the judgment may well prove controversial. In this article, I trace the facts and opinion from the majority and also discuss an important dissenting opinion. I then reflect (...) on what the ruling means for psychiatric illness claims by secondary victims, and more broadly on the implications for clinical negligence law. I suggest that while much-needed clarity has been injected in this area of the law, it is difficult, reading the majority of the Supreme Court’s emphasis on the restricted scope of a medical practitioner’s duty, to envision a scenario in which secondary victim could ever succeed in a clinical negligence context. (shrink)

This essay is a reflection on how ethical violations continue to have an impact across generations within families of vulnerable populations that have experienced significant breaches in biomedical research. The focus is on the surviving family members of the United States Public Health Service Syphilis Study at Tuskegee (USPHS). Emphasis will be on responsible ethical practices in research and the use of an unique approach narrative storytelling to address the needs of family descendents who have been impacted by the USPHS (...) Syphilis Study. (shrink)

“I often said before starting, that I had no doubt I should frequently repent of the whole undertaking.” So wrote Charles Darwin aboard The Beagle , bound for the Galapagos Islands and what would arguably become the greatest and most controversial discovery in scientific history. But the theory of evolution did not spring full-blown from the head of Darwin. Since the dawn of humanity, priests, philosophers, and scientists have debated the origin and development of life on earth, and with modern (...) science, that debate shifted into high gear. In this lively, deeply erudite work, Pulitzer Prize–winning science historian Edward J. Larson takes us on a guided tour of Darwin’s “dangerous idea,” from its theoretical antecedents in the early nineteenth century to the brilliant breakthroughs of Darwin and Wallace, to Watson and Crick’s stunning discovery of the DNA double helix, and to the triumphant neo-Darwinian synthesis and rising sociobiology today. Along the way, Larson expertly places the scientific upheaval of evolution in cultural perspective: the social and philosophical earthquake that was the French Revolution; the development, in England, of a laissez-faire capitalism in tune with a Darwinian ethos of “survival of the fittest”; the emergence of Social Darwinism and the dark science of eugenics against a backdrop of industrial revolution; the American Christian backlash against evolutionism that culminated in the famous Scopes trial; and on to today’s world, where religious fundamentalists litigate for the right to teach “creation science” alongside evolution in U.S. public schools, even as the theory itself continues to evolve in new and surprising directions. Throughout, Larson trains his spotlight on the lives and careers of the scientists, explorers, and eccentrics whose collaborations and competitions have driven the theory of evolution forward. Here are portraits of Cuvier, Lamarck, Darwin, Wallace, Haeckel, Galton, Huxley, Mendel, Morgan, Fisher, Dobzhansky, Watson and Crick, W. D. Hamilton, E. O. Wilson, and many others. Celebrated as one of mankind’s crowning scientific achievements and reviled as a threat to our deepest values, the theory of evolution has utterly transformed our view of life, religion, origins, and the theory itself, and remains controversial, especially in the United States (where 90% of adults do not subscribe to the full Darwinian vision). Replete with fresh material and new insights, Evolution will educate and inform while taking readers on a fascinating journey of discovery. (shrink)

Gathering information from both published and unpublished material and interviews with Gibson's family, colleagues, and friends, Reed (philosophy, Drexel U.) chronicles Gibson's life and intellectual development and his attempts to synthesize several contrasting intellectual traditions into what he ultimately called an "ecological approach" to psychology. Annotation(c) 2003 Book News, Inc., Portland, OR (booknews.com).

This piece extends Edward Casey’s meditations on the notion of place. Here he specifically looks at “limitrophic” phenomena, including the U.S.-Mexico border as a means for thinking between edge and limit, place and voice.

The purpose of this paper is to provide a holistic examination of local food entrepreneurs (LFE) across the local food system (LFS) of a specific U.S. geographic region, including the drivers and barriers to their success. Over the past few decades, there has been a surge in entrepreneurs becoming involved in the LFS which includes the production (farming and manufacturing), distribution, and retail of local ag-related products and services. The LFS is complex and entrepreneurs operating within the system are often (...) met with steep barriers of entry and have trouble maintaining long-term success. Through recorded semi-structured interviews of LFEs (producers, processors, and purveyors) in the Missouri Ozark region, data was gathered and coded according to grounded theory methodologies. From the data collection, 24 emergent themes were identified using thematic clustering. These were further consolidated into eight categorical themes (strategy, skills development, financially sustainable model, differentiation drivers, operational drivers, external drivers, internal constraints, and external constraints) and three over-riding themes (approach, drivers, and barriers). This cross-sectional approach in examining entrepreneurs across the value chain in an LFS provides new insights into the unique entrepreneurial mindset of LFEs. (shrink)

Introduction: the use and abuse of Thomas Paine in the transatlantic world / Sam Edwards and Marcus Morris -- Part I. The image and idea(s) of Paine: origins, use and reuse -- The image of Tom: Paine in print and portraiture / W.A. Speck -- "I am made to say what I never wrote": deism, spiritualism and ventriloquizing Paine, c.1790s-1850s / Patrick W. Hughes -- All Paine: the American mind and the creation of the League of Nations and the U.N. (...) / Michael Holm -- The distortion of Thomas Paine's philosophy of government / Gary Berton -- Part II. Discovering and using Paine's radicalism -- "Revolutions are the order of the day": Atlantic fragments of Thomas Paine, c.1819-1832 / Matteo Battistini -- Posthumous Paine in the United Kingdom, 1809-1832: Jacobin or loyalist cult? / Matthew Roberts -- "The neglect of Paine seems particularly strange at the present political juncture": explaining British socialists' relationship to Paine, c. 1884-1914 / Marcus Morris -- Citizens of the world: Paine and the political prisoners transported to Australia / Tony Moore -- Part III. Remembering and remaking Paine -- Common sense on the Lower East Side: Thomas Paine and the era of immigration, c.1900-1950 / Louis Mazzari -- "A monument in every city?": Thomas Paine in memoriam / Theodore Marotta -- "He came from America didn't he?": the Thetford Statue controversy and the problem of Paine in transatlantic memory, c.1909-1970 / Sam Edwards -- Afterword: the struggle for Paine's memory and the making of American democracy / Harvey J. Kaye. (shrink)

Did the September 11, 2001 terrorist attacks on the U.S. cause the values of teenagers in the U.S. to change? Did their previously important self-esteem and self-actualization values become less important and their survival and safety values become more important? Changes in the values of teenagers are important for practitioners, managers, marketers, and researchers to understand because high school students are our current and future employees, managers, and customers, and research has shown that values impact work and consumer-related attitudes and (...) behaviors. Further, studies that compared higher to lower performing for-profit and not-for-profit companies have found that higher performing organizations had strong values that permeated their organizations [Collins J. C., and J. I. Porras: 1994, Built to Last: Successful Habits of Visionary Companies (New York, Harper Business); O’Reilly, C. A. and J. A. Chatman: 1996, in B. M. Staw and L. L. Cummings (eds.), Research in Organizational Behavior, vol. 18 (JAI Press, Greenwhich, CT), pp. 157–200; O’Reilly, C. A.: 1989, California Management Review 31(4), 9–25; Posner, B. Z., and W. H. Schmidt: 1996, Public Personnel Management, 25(3), 277–298; Rousseau, D.: 1990, Group and Organization Studies 15(4), 448–460; Schein, E. H.: 2004, Organizational Culture and Leadership. San Francisco, Jossey Bass)]. While one study of adults found value changes, no known studies have explored if the values of teenagers also changed post-9/11. This study filled that research gap by exploring the values of a random sample of 1000 U.S. teenagers in grades 9 to 12 pre- and post-9/11, using a demographic questionnaire and the Rokeach Value Survey. The research results indicated that teenage survival, safety, and security values (a world at peace, freedom, national security, and salvation) increased in importance while their self-esteem and self-actualization values (a sense of accomplishment, inner harmony, pleasure, self-respect, and wisdom) decreased in importance, mirroring the changes for adults. The meaning of these findings for practitioners, managers, marketers and researchers was discussed. (shrink)

Publication date: 26 January 2017 Source: Author: Edward Echidime Eke, Michael A. Oyinloye, Isaac Oluwadare Olamiju - African cities are experiencing uncontrolled expansion. The focus of this paper is to evaluate the impact of urban expansion on landuse types of Akure for the period of 1972 to 2009. In analyzing the u rban expansion of the cit y, 1972 MSS, 1986 Landsat Thematic TM and Landsat Enhanced Thematic Mapper Plus images for 2002 and 2009 satellite image captured from googleearth (...) website were used in a post classification comparison analysis to map the spatial dynamics of landuse / land cover changes and identify the urban expansion of Akure. Questionnaire was also used to determine the factors responsible for the expansion of Akure. The findings showed a rapid expansion in the built-up are a of Akure from 1.00% in 1972 to 2.46% in 1986, 2.46% in1986 to 3.90% in 2002 with an annual growth rate of 10.63% and 3.66% due to increasing population of Akure within these periods respectively. Prediction made showed that the built-up of A kure would expand to 2.66 % in 2022. Th e study recommends review of the outdated 1980 master plan and development control mechanism that will guide the rapid expansion that had been accompanied by loss of vegetation in Akure. (shrink)

This case describes a recent iteration of the Ponzi scheme originated in 1920 by Charles Ponzi: creating a plausible investment, attracting investors, using the money from more recent investors to pay off earlier investors, and earning a substantial profit, estimated to be $15 million (worth $220 million today).1 While not as big as Bernie Madoff’s Ponzi scheme, as a result of which he was sentenced to 150 years in prison and ordered to pay restitution of $170 billion to his victims,2 (...) the Federal district court in Miami was asked to order Par Funding’s cofounders, Joseph W. LaForte and his wife, Lisa McElhone, to pay $337 million to Par Funding investors and to declare they engaged in a Ponzi scheme in defrauding those investors.3 Ultimately the Federal district court in Miami ordered Par cofounders to pay “$219 million in ‘ill-gotten gains,’ fines and interest so the funds can be used to help reimburse 1,200 investors who were duped into buying the risky, unregistered securities used to finance the high-fee loan company.”4 How LaForte and McElhone executed their scheme is an intriguing story which provides helpful insight into ethical and U.S. securities law principles. (shrink)

This paper explores the question of who is defined as a Native American within the jurisdictions of the United States. Determining individual status can be seen as a two-step process: Is a given individual recognized by a specific tribe as a member? Then, is that specific tribe acknowledged by a relevant governmental unit? Though both seem simple questions, this paper illustrates that the question “Is Person X a Native American?” sometimes can be quite fraught, and manifests what I have described (...) previously as definitional gaps and definitional ruptures. Ultimately, as is typical of regulatory definitions, the choice of definitional criteria to apply is a question of values, interests, and politics. I begin with a description of the varied definitional frameworks at work in determinations of whether a given group of people constitute a recognized tribe, then note how tribes themselves are institutions empowered to define who does or does not count as members through practices of enrollment and disenrollment. I then describe three case studies of definitional phenomena—one as a case of a definitional gap (college professors described as “Pretendians”), the second as a case of definitional rupture (determining Native American eligibility for free tuition within the University of California system), and a third as an illustration of regulatory versus self-definition (U.S. Census practices). (shrink)

This paper describes an episode in the life of the prominent plant radiation geneticist, Lewis J. Stadler during which he became a target of the Federal Bureau of Investigation concerning loyalty to the United States due to possible associations with the communist party. The research is based on considerable private correspondence of Dr. Stadler, the FBI interrogatory questions and Dr. Stadler’s answers and letters of support for Dr. Stadler by leading scientists such as, Hermann J. Muller.

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

La intención de nuestro trabajo ha sido la de exponer la anticipación pragmática que realizara U. Eco en "Obra abierta", ya en 1962, insustituible para una hermenéutica de la obra de arte, que pone especial atención en la instancia del usuario, imaginando un lector modelo ejerciendo actos de libertad consciente para una obra que se presenta como abierta, a veces en movimiento, e invariablemente como metáfora epistemológica de nuestro tiempo.Hemos presentado algunos aportes que sobre el contexto han realizado lingüistas, aportes (...) que pueden trasladarse satisfactoriamente al campo de la estética, como adecuado límite a una multiplicidad infinita de sentido de la obra de arte, para servirle de gran utilidad, a pesar de que ciertas teorías ya clásicas de la Estética puedan haber pensado, en su momento, lo contrario.Finalmente, buscando algo diferente, con relación a los efectos de las obras de arte en sus gozadores, provocados intencionalmente por sus autores, hemos insertado ejemplos de experiencias propias y disímiles entre las mismas, como nos sucedió con J. L. Borges y con la banda de rock Los Redonditos de Ricota. (shrink)

Government can control conflicts of interest in business firms by either issuing obligatory commands to behave in a specified way or by creating incentives to alter private behavior. In order to choose between these two approaches, we also need to know something about the nature of the subject firms and the way that they are likely to respond to particular stimuli. Legislators and legal scholars often rely on intuition to predict the behavior of firms, but this will not suffice for (...) such a complex situation. Fortunately, there is a well-developed body of scholarship that addresses organizational behavior; unfortunately, like many bodies of scholarship, it contains rival and conflicting approaches. This article discusses four of these approaches to organizational behavior: the nexus of contracts theory, an application of rational choice theory to corporations; decision theory; general systems theory and its recent autopoetic variants; and new institutionalism. It then uses each of these approaches to predict the way that firms will respond to obligatory commands and behavior incentives. The specific cases it discusses are the U.S. Sentencing Commission’s Organizational Sentencing Guidelines, the Sarbanes-Oxley Act, and contemporary compliance theory’s idea of reasonable, responsive, or cooperative enforcement. (shrink)

This case study examines five dimensions of the 2007–2009 financial crisis in the United States: the devastating effects of the financial crisis on the U.S. economy, including unparalleled unemployment, massive declines in gross domestic product, and the prolonged mortgage foreclosure crisis; the multiple causes of the financial crisis and panic, such as the housing and bond bubbles, excessive leverage, lax financial regulation, disgraceful banking practices, and abysmal rating agency performance; the extraordinary efforts of the Federal Reserve, the Federal Reserve Bank (...) of New York, and the Department of the Treasury to stem the financial freefall triggered by the crisis and resuscitate financial institutions, the ethical implications of the unprecedented actions by government institutions to rescue financial institutions and drag the country back from the brink of global financial collapse, and the conduct of the various parties contributing to the financial crisis, such as the shoddy behavior of mortgage brokers, the massive securitization of mortgages into overly complex bonds, the excessive leverage of financial institutions, the disgraceful work of bond rating firms, the abysmal risk management systems employed by financial institutions, and the massive operations of the shadow banking and over-the-counter derivatives markets; and the major provisions of the Dodd–Frank Wall Street Reform and Consumer Protection Act signed into law to in response to the financial crisis and for the purpose of correcting the egregious conduct of major financial institutions. (shrink)

The integration of ideas, methods, and data from diverse disciplines has been a transformative force in science and higher education, attracting policy interventions, program innovations, financial resources, and talented people. Much energy has been invested in producing a new generation of scientists trained to work fluidly across disciplines, sectors, and research problems, yet the success of such investments has been difficult to measure. Using the Integrative Graduate Education and Research Training (IGERT) program of the U.S. National Science Foundation as a (...) strategic research site, we conducted an experiment to determine whether and how the process and products of research of IGERT-trained scientists differ from those of scientists trained in disciplinary graduate programs. Among scientists in the early years of graduate study we found substantial and consistent differences suggesting that interdisciplinary training improved the quality and process of research, but this pattern was equally strongly reversed among students in the latter years of graduate study. Using systematic observation and other data we suggest why this might be so, then discuss the implications of these results for the design and conduct of graduate education and research. (shrink)

Mooney (philosophy, Sonoma State U.) explores Kierkegaard's creative invention, the contemporary relevance of his contrasts between resignation and faith, and his conceptual analysis of aesthetic, moral, and religious psychology and life ...

ABSTRACTIn a debate between two outstanding Guyanese thinkers, Walter Rodney and Wilson Harris, Rodney asked Harris the pointed question: ‘…so what happens when we stop dreaming? Does the tree we u...

Against the backdrop of a global pandemic, this study investigates how U.S. higher education leaders have centered their crisis management on values and guiding ethical principles. We conducted 55 in-depth interviews with leaders from 30 U.S. higher education institutions, with most leaders participating in two interviews. We found that crisis plans created prior to the COVID-19 pandemic were inadequate due to the long duration and highly uncertain nature of the crisis. Instead, higher education leaders applied guiding principles on the fly (...) to support their decision-making. If colleges and universities infuse shared values into their future crisis plans, they will not have to develop a moral compass on the fly for the next pandemic. This paper suggests the following somewhat universal shared values: engage in accuracy, transparency, and accountability; foster deliberative dialog; prioritize safety; support justice, fairness, and equity; and engage in an ethic of care. To navigate ethics tensions, leaders need to possess crisis-relevant expertise or ensure that such expertise is present among crisis management team members. Standing up formal ethics committees composed of diverse stakeholders also is instrumental in navigating tensions inherent in crises. The next pandemic is already on the horizon according to experts. Through infusing values into future crisis plans, higher education leaders can be confident that their responses will be grounded in their communities’ shared values. (shrink)

This article reviews the strengths and limitations of five major paradigms of medical computer-assisted decision making (CADM): (1) clinical algorithms, (2) statistical analysis of collections of patient data, (3) mathematical models of physical processes, (4) decision analysis, and (5) symbolic reasoning or artificial intelligence (Al). No one technique is best for all applications, and there is recent promising work which combines two or more established techniques. We emphasize both the inherent power of symbolic reasoning and the promise of artificial intelligence (...) and the other techniques to complement each other. Keywords: Diagnosis, Computer Assisted Decision Making, Artificial Intelligence * Current address: Intelligenetics, 124 University Avenue, Palo Alto, CA. 94301, U.S.A. ** Dr. Shortliffe is a Henry J. Kaiser Family Foundation Faculty Scholar in General Internal Medicine and recipient of research career development award LM0048 from the National Library of Medicine. CiteULike Connotea Del.icio.us What's this? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:KARL ASCHENBRENNER, 19x 1-1988 Karl Aschenbrenner was born in Bison, Kansas, on November 20, 1911. He received the A. B. degree from Reed College in 1934 and his graduate degrees at Berkeley (M. A., 1938; Ph.D., 194o). After two years as an instructor at Reed College, he served in the U.S. Naval Reserve (Lieutenant in Meteorology ) from 1943 to 1946. From 1946 to 1948, he taught in the (...) Department of Speech at Berkeley and thereafter in the Department of Philosophy until his retirement in 1978. His teaching was devoted mainly to aesthetics and to the history of philosophy, most notably his course on Kant. For many years he was active as a trustee of the American Society for Aesthetics, and from 1961 as a member of the Journal's founding executive committee and, after incorporation, of the Board of Directors. Karl's first two years of attachment to theJournal coincided with service as chairman of the Department of Philosophy. This conjunction enabled him to be extraordinarily helpful in dealing with problems of bringing the Journal to birth--problems of funding, editorial appointments, publication policies, and business arrangements with the University of California Press. He welcomed the opportunity offered the Philosophy Department of collaborating in the publishing venture recommended by a special committee of the American Philosophical Association in 1958. The recognition early won by the Journal for its articles and reviews answered to his hope and work for success. At the annual meeting of the Board of Directors in San Francisco in 1987, the twenty-fifth birthday of the Journal was celebrated as was his twenty-seven years of diligent care for theJournafs excellence. Karl was a regular contributor to the philosophy series published by the University of California prior to three books issued by D. Reidel: The Concepts ofValue(1971), The ConceptsofCriticism(1974) and AnalysisofAppraisiveCharacterization (1983). He received Guggenheim, Fulbright, and NEH fellowships. Despite a physically disabling stroke in 1979, he continued his trips to Budapest which he began in 1972. He was concerned to study a non-IndoEuropean language spoken by people of European culture and had selected the Magyar tongue spoken in Hungary. He learned the language to test theories he advanced about appraisive concepts. He discovered in the structure of Magyar a mode of valuing embodied in verb usage differing significantly [333] 334 from the special appraisive vocabularies of English and German. Besides his lectures in Hungary, he responded to invitations to lecture received from universities in England, Austria, Poland, Bulgaria, and Romania. Shortly after his return to Budapest on his eleventh trip, he died of a massive stroke on July 4, 1988. He is buried there in a city he loved, especially for its music. He is survived by Marie, his wife of fifty-one years, and three children: Lisabeth, an attorney in Los Angeles; Peter, a judge in Fairbanks; and John, a composer in New York. E. W. STRONG... (shrink)

Unless the public comes to agree that the benefits of food biotechnology are desirable and the associated risks are acceptable, our society may fail to realize much of the potential benefits. Three historical cases of major technological innovations whose benefits and risks were the subject of heated public controversy are examined, in search of lessons that may suggest a path toward consensus in the biotechnology debate. In each of the cases—water fluoridation, nuclear power and pesticides—proponents of the technology gathered scientific (...) evidence that they believed established that the innovations were safe. In each case, the federal government was heavily involved in oversight, safety regulation, and in the first two cases, active promotion of the technology. Supporters of the technologies employed a variety of communications strategies, ranging from massive “educational” campaigns (e.g. “Our Friend The Atom”) to vituperative ad hominem attacks on leading opponents. None of these strategies succeeded in achieving broad societal acceptance of the technologies. Fluoridation today is opposed as vigorously by activist groups as it was when first introduced around 1950; it has not been universally adopted even in the U.S., and it has been rejected in most other countries. The American nuclear power industry is moribund, and the public has essentially rejected the technology. The pesticide industry is thriving, with new generations of products succeeding older more hazardous chemicals in a constant cycle. However, strong regulation has failed to prevent adverse health and ecological effects, which have been empirically associated with pesticide uses after the chemicals were dispersed in the environment. Debate over whether risks of such effects are acceptable has been heated for four decades, with scientists and the public divided. None of these cases offers an ideal model for the biotechnology revolution, though they do reveal many strategies that have not worked. The biotechnology debate is also taking place at a time when our concepts of risk communication have improved, and when many consumers are more actively concerned with buying products perceived to be less likely to harm the environment. Based on the three case histories and more recent trends, some characteristics of a process for seeking a societal consensus are described. They include explicitly defining the subjects for consensus; including all stakeholders in a respectful dialogue; confronting value issues, such as acceptability of risks and ethical perceptions; listening to others’ perspectives, and being willing to change one’s own point of view. If activists on all sides of the food biotechnology debate are willing to commit to such a consensus-building process, there is hope that the U.S. national debate can be resolved in a manner satisfactory to essentially all parties. (shrink)

Most U.S. jurisdictions deem testimony regarding what one spouse tells the other in private inadmissible in most circumstances and most do not allow a person to be compelled to testify against his or her spouse. Although confidential communications and what a spouse knows about the other are both relevant and quite probative, triers of fact do not get to consider them. The scope, character, and very existence of these exceptions to the general principle of admitting everything into evidence have been (...) questioned by legal commentators for centuries, but they remain in force in most U.S. jurisdictions. This paper reviews the justifications for the spousal evidentiary privileges and argues for recasting the spousal evidentiary privileges in functional terms. (shrink)