In recent months, pharmaceutical manufacturers have brought legal challenges to a provision of the 2022 Inflation Reduction Act (IRA) empowering the federal government to negotiate the prices Medicare pays for certain prescription medications. One key argument made in these filings is that price negotiation is a “taking” of property and violates the Takings Clause of the US Constitution. Through original case law and health policy analysis, we show that government price negotiation and even price regulation of goods and (...) services, including patented goods, are constitutional under the Takings Clause. Finding that the IRA violates the Takings Clause would radically upend settled constitutional law and jeopardize the US’s most important state and federal health care programs. (shrink)

A series of structural constitutional arguments lodged in multiple cases against Centers for Medicare and Medicaid Services’ (CMS) authorities to negotiate prescription drug prices via the 2022 Inflation Reduction Act threaten the legitimacy of CMS program and federal agency powers.

Glucagon-like peptide-1 receptor agonists are effective for treating obesity, but the high cost of these medications endangers the financial viability of our health care system. To ensure that these drugs are available to Medicare beneficiaries, pharmaceutical manufacturers must lower their prices.

This article is currently available as a free download on ingentaconnect.

Relative price stability is central to the security of valued forms of life in contemporary liberal democracies, and disruptions to price stability can be and have been understood and experienced as emergencies. However, while the relation between price and emergency can be understood in juridico–political terms, this article argues for the importance of attending to the affective dimensions of this relation. This argument is developed through a discussion of the affective life of price in relation to the disruptive event of (...) inflation, an event characterized by an atmosphere of emergency that takes place as a disturbance of the rhythms and relations of which everyday life consists. Haunted by the spectre of this emergency, governing price in liberal democracies needs to be understood not only through regulatory measures designed to act directly upon price, but also in terms of efforts to act upon the affective spacetimes from which price-emergencies can emerge. (shrink)

In a remarkable range of disciplines — from legal studies to architecture, from art history to rock music — there is emerging a paradoxically unified approach to the theory of contemporary cultural dissolution. In the humanities in America, three major post-structuralist philosophic movements may be discerned, each describing a separate facet of traditional disciplinary studies yet all having a remarkable cross-departmental impact. These are the anti-foundationalism of Richard Rorty and other end-of-the-line philosophers in the American pragmatist tradition, the textual deconstructionists (...) who swim about Jacques Derrida, and the revisers of Western Marxism, such as Fredric Jameson, various Parisians, and Terry Eagleton, who dialectically step out of history into its forms to tease the future out of the maw of capitalism. (shrink)

Attention and disruptive behavior disorders present considerable challenges for children and their parents. These challenges have led to the development of parenting programs; however, there is a paucity of literature that discusses the ethical dilemmas parent training researchers face. This article reviews ethical principles and professional standards relevant to parent training research and provides case material to illustrate the challenge of balancing ethical adherence and empirical rigor using three ethical issues that commonly arise in parent training research. In particular, this (...) article focuses on ethical issues surrounding confidentiality in a group setting, use of control groups, and limiting changes in medication/treatment status outside of the treatment protocol. (shrink)

Descendre acheter le journal? Réflexion : vous délibérez, construisez un projet, argumentez. Décision prise, la volonté vous met debout. Alors, dès le premier pas, l'acte vient à la rencontre de l'action-projet qui agrégeait dans votre tête réflexion, délibération, argumentation, décision, volonté. L'acte est une aventure. Toute la réalité imprévisible du monde se trouvait là, en réserve, dont les créations intellectuelles de l'action escamotaient la part d'inconnu. On décide une action, c'est l'acte qu'on rencontre. Mais alors, pourquoi les deux mots sont-ils (...) communément employés l'un pour l'autre, obligeant à penser l'acte dans une réduction à l'action " dans la tête "? Tel est le sujet de ce livre magistral de Gérard Mendel qui prend la suite de La psychanalyse revisitée (1988) et La société n'est pas une famille (1992). A partir d'une lecture critique de l'œuvre des grands philosophes, d'Aristote à Habermas, en passant par Saint Augustin, Descartes ou Nietzsche, Gérard Mendel montre comment la naissance philosophique de l'être il y a vingt-cinq siècles a chassé l'acte de la réflexion intellectuelle. En s'appuyant sur une étude approfondie de l' " intelligence pratique " nourrie de son expérience de terrain sur le champ social et sur la relecture des travaux fondamentaux de Winnicott, il propose une nouvelle approche théorique du sujet et de l'acte. Loin du fantasme occidental d'une domination absolue de l'esprit sur la nature et la société, s'affirme alors l'idée d'un acte, pouvoir individuel et collectif en quête d'un rapport plus harmonieux avec la réalité qui, parce qu'elle résiste continûment, reste toujours aussi blessante pour le narcissisme humain. Cette réflexion passionnante, d'une écriture toujours claire, intéressera tous ceux qui ne se satisfont pas de la césure entre théorie et pratique dans la compréhension de l'activité humaine : psychanalystes, psychologues et philosophes, bien sûr, mais aussi travailleurs sociaux et sociologues. (shrink)

Fetal reduction is the practice of reducing the number of fetuses in a multiple pregnancy, such as quadruplets, to a twin or singleton pregnancy. Use of assisted reproductive technologies increases the likelihood of multiple pregnancies, and many fetal reductions are done after in vitro fertilisation and embryo transfer, either because of social or health-related reasons. In this paper, I apply Joe Horton’s all or nothing problem to the ethics of fetal reduction in the case of a twin pregnancy. (...) I argue that in the case of a twin pregnancy, there are two intuitively plausible claims: abortion is morally permissible, and it is morally wrong to abort just one of the fetuses. But since we should choose morally permissible acts rather than impermissible ones, the two claims lead to another highly implausible claim: the woman ought to abort both fetuses rather than only one. Yet, this does not seem right. A plausible moral theory cannot advocate such a pro-death view. Or can it? I suggest ways to solve this problem and draw implications for each solution. There are no data in this work. (shrink)

Husserl claimed that reduction is the true starting point of phenomenological research, but to figure out how this deed should actually be accomplished has turned out to be a very challenging task. In this study, I explicate how Husserl accomplished reduction during his series of lectures entitled The Idea of Phenomenology. He does not state it explicitly, but what actually happened on the last day of the lectures can be seen as consistent with his descriptions of reduction (...) as an act. Understood in this way, reduction is the model of how to do philosophy. The result of Husserl’s reduction is the correlation between appearance and “that which appears” or, to use Husserl’s later terminology, between noēsis and noēma. When this correlation is understood as an outcome of reduction and not as a result of an analysis, we, as readers of Husserl, will be in a better position to avoid natural attitude in our interpretations. (shrink)

Based on some reflections found on Husserl’s C-manuscripts, the article focuses on the methodical path toward the disclosure of what I call the “primal-intentional-tension” (PIT)—namely, the differential relation between the I and the Not-I, at the most fundamental level of the constitution of time. In order to reach this essential structure of experience, I address the method of the reduction and its radicalization. I argue: first, that intentionality is for Husserl not only act-intentionality, since there are also other intentional (...) modes, such as the stream-intentionality; second, that the reduction is the leading method to the discovery of the operating and unthematic transcendental dimension of experience as well as to the disclosure of the multiple phenomenological dimensions and, by means of a radicalization, of the living present as primal-mode of transcendental life; third, that the reduction to the most fundamental level is an analytic and abstractive “deconstruction” (Abbau) of the concrete transcendental life of the living present; fourth, that the primal-phenomenal dimension shows itself as a PIT between the I (primal-I) and the Not-I (the primal-temporalization of primal-hyle) as the most intimate strangeness in me; and, fifth, I finally show that this PIT might be understood as a primal-difference in the originality of my experience. (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)

One of the hallmarks of Kantian philosophy, especially in connection with its characterization of scientific knowledge, is the importance of unity, a theme that is also the driving force behind a good deal of contemporary high energy physics. There are a variety of ways that unity figures in modern science—there is unity of method where the same kinds of mathematical techniques are used in different sciences, like physics and biology; the search for unified theories like the unification of electromagnetism and (...) optics by Maxwell; and, more recently, the project of grand unification or the quest for a theory of everything which involves a reduction of the four fundamental forces under the umbrella of a single theory. In this latter case it is thought that when energies are high enough, the forces , while very different in strength, range and the types of particles on which they act, become one and the same force. The fact that these interactions are known to have many underlying mathematical features in common suggests that they can all be described by a unified field theory. Such a theory describes elementary particles in terms of force fields which further unifies all the interactions by treating particles and interactions in a technically and conceptually similar way. It is this theoretical framework that allows for the prediction that measurements made at a certain energy level will supposedly indicate that there is only one type of force. In other words, not only is there an ontological reduction of the forces themselves but the mathematical framework used to describe the fields associated with these forces facilitates their description in a unified theory. Specific types of symmetries serve an important function in establishing these kinds of unity, not only in the construction of quantum field theories but also in the classification of particles; classifications that can lead to new predictions and new ways of understanding properties like quantum numbers. Hence, in order to address issues about unification and reduction in contemporary physics we must also address the way that symmetries facilitate these processes. (shrink)

The government of Ontario has adopted wind energy development as an alternative energy source. It enacted the Green Energy and Economy Act, May 2009, with the intention to fast track the approval process regarding industrial wind turbines. The Act legislated a centralized decision making process while removing local jurisdictional authority. Throughout this process, the government reassured the public of inexpensive and reliable electricity. This article explores the costs and benefits related to the renewable energy policy established in Ontario, Canada.

I challenge two key assumptions of speech act theory, as applied to argumentation: illocutionary monism, grounded in the idea each utterance has only one (primary) illocutionary force, and the dyadic reduction, which models interaction as a dyadic affair between only two agents (speaker-hearer, proponentopponent). I show how major contributions to speech act inspired study of argumentation adhere to these assumptions even as illocutionary pluralism in argumentative polylogues is a significant empirical fact in need of theoretical attention. I demonstrate this (...) with two examples where arguers interacting with multiple persons convey plural, argumentatively relevant illocutionary forces. Understanding illocutionary pluralism in argumentative polylogues also affords a better account of fallacious and manipulative discourse. (shrink)

There are two views of the essences of speech acts: according to one view, they are natural kinds; according to the other, they are what I call normative kinds—kinds in the (possibly non-reductive) definition of which some normative term occurs. In this article I show that speech acts can be normative but also natural kinds by deriving Williamson's account of assertion, on which it is an act individuated, and constitutively governed, by a norm (the knowledge rule), from a consideration of (...) the natural characteristics of normal cases of its performance. (shrink)

In this paper, we present several extensions of epistemic logic with update operators modelling public information change. Next to the well-known public announcement operators, we also study public substitution operators. We prove many of the results regarding expressivity and completeness using so-called reduction axioms. We develop a general method for using reduction axioms and apply it to the logics at hand.

Disvaluing nature—a cognitive act—usually leads quickly to devaluing it too: to real-world exploitation and destruction. Worse, in fact, nature in its devalued state can then be held up as an excuse and justification for the initial disvaluation. In this way, dismissal and destruction perpetuate themselves. I call this process “self-validating reduction.” It is crucial to recognize the cycle of self-validating reduction, both in general and specifically as it applies to nature, if we are to have any chance of (...) reversing it. (shrink)

The economic principle of communication, according to which successful communication can be reached by least effort, has been studied for verbal communication. With respect to nonverbal behavior, it implies that forms of iconic gestures change over the course of communication and become reduced in the sense of less pronounced. These changes and their effects on learning are currently unexplored in relevant literature. Addressing this research gap, we conducted a word learning study to test the effects of changing gestures on children’s (...) slow mapping. We applied a within-subject design and tested 51 children, aged 6.7 years, who learned unknown words from a story. The storyteller acted on the basis of two conditions: In one condition, in which half of the target words were presented, the story presentation was enhanced with progressively reduced iconic gestures ; in the other condition, half of the target words were accompanied by fully executed iconic gestures. To ensure a reliable gesture presentation, children were exposed to a recorded person telling a story in both conditions. We tested the slow mapping effects on children’s productive and receptive word knowledge three minutes as well as two to three days after being presented the story. The results suggest that children’s production of the target words, but not their understanding thereof, was enhanced by PRG. (shrink)

Scheler, dans sa période dite intermédiaire, critique le caractère logique de la réduction husserlienne dont la méthode serait sous le joug d’un paradigme intellectualiste. Cette critique constructive prend la forme d’une inclusion des actes intentionnels alogiques ou émotionnels obéissant à une « logique du cœur », ce qui implique une opération d’inversion du primat, supposé traditionnel et dominant jusqu’à Husserl compris, de la connaissance sur l’affectivité, et singulièrement sur l’« amour ». Dans les derniers travaux de Scheler, la « logique (...) du cœur » continue de commander la méthode et la pratique de la réduction, car la fonction du « cœur » se trouve amplifiée dans le mouvement de conversion propre à la réduction phénoménologique réintérprétée en « réduction ascétique ». (shrink)

Invocations of Merleau-Ponty’s claim concerning the incompleteness that accompanies the phenomenological reduction have had a long and somewhat contentious history. In this paper I will further explore the implications of Merleau-Ponty’s claim and the itinerary from which it emerges. From the Structure of Behaviour onward, he argued that consciousness is not a transcendental presupposition but an achievement that emerges from and transforms the labor of our rational practices. Phenomenological theory rightly argued for the centrality of the experience of the (...) reduction, albeit too often by mistakenly bestowing immanence upon it. Statically regarded, the reduction may involve an ‘act’ but it is also a Stiftung, and thus a performative, one that Merleau-Ponty claims involves an institution and an acquisition: as he puts it quite simply, it is learned. The reduction involves intuition but it is also a conceptual practice involving “a multitude of operations”, a symbolic matrix always articulated through internal transformations. Finally the reduction is an experience but it is always a sequence “gradually effected” and thus an embodied history. It results then not in the Spinozist Habemus ideam verum, but as “The Philosopher and His Shadow” rightly concludes, an “artifact”. For Merleau-Ponty, all this forced the recognition of the “internal difficulty” in the reduction theorized through the concept of a constituting consciousness. Moreover, this not an anthropological claim about a faculty or finitude, but a claim about the rationality, the “metamorphosis” and “coherent deformation” of its experience, an “ordered sequence of steps” that “could not possibly reach completion in the intellectual possession of a noema”. It is not simply en presence, in the static relation of presence that phenomenology achieves justification. For Merleau-Ponty, its experience is not unrevisable, nor immanently completable: instead it is only through the ordered steps of its history that it acquires sufficiency. (shrink)

In recent years, multifetal pregnancy reduction has increasingly been a subject of debate in Norway. The intensity of this debate reached a tentative maximum when the Legislation Department delivered their interpretative statement, Section 2 - Interpretation of the Abortion Act, in 2016 in response to a request from the Ministry of Health that the Legislation Department consider whether the Abortion Act allows for MFPR of healthy fetuses in multiple pregnancies. The Legislation Department concluded that the current abortion legislation [as (...) of 2016] allows for MFPR subject to the constraints that the law otherwise stipulates. The debate has not subsided, and during autumn 2018 it was further intensified in connection with the Norwegian Christian Democratic "crossroads" policy and signals from the Conservatives to consider removing section 2.3c and to forbid MFPR. Many of the arguments in the MFPR debate are seemingly similar to arguments put forward in the general abortion debate, and an analysis to ascertain what distinguishes MFPR from other abortions has yet to be conducted. The aim of this article is, therefore, to examine whether there is a moral distinction between abortion and MFPR of healthy fetuses. We will cover the typical arguments emerging in the debate in Norway and exemplify them with scholarly articles from the literature. We have dubbed the most important arguments against MFPR that we have identified the harm argument, the slippery-slope argument, the intention argument, the grief argument, the long-term psychological effects for the woman argument, and the sorting argument. We conclude that these arguments do not measure up in terms of demonstrating a morally relevant difference between MFPR of healthy fetuses and other abortions. Our conclusion is, therefore — despite what several discussants seem to think — that there is no morally relevant difference between the two. Therefore, on the same conditions as we allow for abortions, we should also allow MFPR. Keywords: abortion, ethics, medical ethics, MFPR, selective MFPR. (shrink)

Uncertainty is an intriguing aspect of social life. Uncertainty is epistemic, future-oriented, and implies that we can neither predict nor foresee what will happen when acting. In cases in which no institutionalized certainty about future states exists, or can be generated, judgment is needed. This article presents the forms by which uncertainty is reduced as a result of judgments made about different alternatives in a process involving several actors. This type of uncertainty may exist, for example, about which artist is (...) the best, which offer in the market is more valuable, which football team is better than all the rest, or which research proposal will get a grant. The result of different forms of uncertainty reduction is increased certainty concerning alternatives in relation to one another, such as good and bad, rank lists, scores, quality assessment, and “winner and losers.” Based on the result, uncertainty is reduced and action is facilitated. The forms are structural and comprise roles; may be legitimate in a smaller or larger domain; and may exist in all spheres of life, as exemplified in sports competitions, in labor markets, and in the ranking of universities. Three forms of uncertainty reduction based on judgment are identified in this article: (1) decision, made by an authority; (2) valuation, by means of which order arises as a result of actors ascribing values; and (3) contest, by which an order is the result of direct struggle. (shrink)

In this article, I want to understand how Max Scheler and Martin Heidegger understand the social norms for our perceptions and our daily practices, and how they describe the need to go beyond this normativity in favor of another, more “personal” or even more “authentic”. I defend that it is a call of consciousness that breaks the social normativity, and which commits the human being to no longer act mechanically, but to live freely. This break with social normativity is a (...) phenomenological reduction that I call “ethical reduction”. The whole point of the article is to show that such a reduction is in fact based on social normativities as they are the criterion of the call, the environment in which such a call is possible. From this point of view, the reflective subject remains a social subject. (shrink)

A l'heure de l'inflation normative, une réflexion sur la fin du droit peut paraître paradoxale, voire aller à contre-courant des mutations contemporaines du droit. En outre, les nombreux travaux relatifs à ces mêmes mutations et aux transformations du droit ces dernières années laissent penser que le droit ne peut connaître de fin, se renouvelant en permanence pour ne jamais laisser d'espace de non droit. Sans à coup, sans coupe nette, le droit poursuivrait sa progression sans heurt. Le droit n'aurait-il (...) donc jamais de fin? L'adage "ubi societas ibi jus" plaide, à l'évidence, pour une réponse négative. Cependant, de multiples questions se posent. Est-ce qu'une norme peut vraiment cesser d'exister et si oui, à partir de quand? Le droit connaît-il un terme? Peut-il disparaître? Issu d'un colloque qui s'est tenu à l'Université de Versailles Saint-Quentin-en-Yvelines, composé de contributions de spécialistes reconnus des diverses branches du droit public, cet ouvrage offre à travers l'examen de la fin du droit un regard sur sa définition même. (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...) conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

In response to recent debates on the need to abandon the Dead Donor Rule (DDR) to facilitate vital-organ transplantation, I claim that, through a detailed philosophical analysis of the Uniform Determination of Death Act (UDDA) and the DDR, some acts that seem to violate DDR in fact do not, thus DDR can be upheld. The paper consists of two parts. First, standard apparatuses of the philosophy of language, such as sense, referent, truth condition, and definite description are employed to show (...) that there exists an internally consistent and coherent interpretation of UDDA which resolves the Reduction Problem and the Ambiguity Problem that allegedly threaten the UDDA framework, and as a corollary, the practice of Donation after the Circulatory Determination of Death (DCDD) does not violate DDR. Second, an interpretation of the DDR, termed ‘No Hastening Death Rule’ (NHDR), is formulated so that, given that autonomy and non-maleficence principles are observed, the waiting time for organ procurement can be further shortened without DDR being violated. (shrink)

The Trump Administration has exposed both the durability and vulnerability of the Patient Protection and Affordable Care Act's insurance reforms. One of the Administration's first strikes at “Obamacare” was to discontinue federal government payment of cost-sharing reductions, which insurers pay to low-income enrollees on the exchanges to reduce their out-of-pocket share of medical spending. The states struck back with a clever solution that could hold insurers and enrollees harmless. This article examines this strategy and why, while impressive, it reaffirms larger (...) problems with the ACA's market-based approach to health reform and the need for new pathways forward. (shrink)

Monique Deveaux’s Poverty, Solidarity, and Poor-Led Social Movements makes a timely, compelling, and important intervention in the philosophical literature on poverty and global justice, and improves our understanding of the nature and extent of responsibilities of variously situated agents towards the poor. Deveaux’s focus on poor-led social movements emphasizes that effective poverty reduction requires building up the collective capacities of the poor to engage in joint collective action to oppose and dismantle unjust structures. This approach politicizes poverty and provides (...) a powerful refutation of some previous approaches that primarily formulated responses to global poverty to consist in mere charity to lighten the poor’s deprivations, or top-down solutions imposed by technocrats and other development experts. Deveaux then extends the concept of solidarity to characterize the political responsibility of the nonpoor, which consists of acting in political solidarity with poor-led organizations and movements. It is this latter move to extend the concept of solidarity to characterize poor-nonpoor cooperative activities that I question in this commentary. When the concept of solidarity, understood as identification-based joint action, is stretched to encompass cooperation between all those who may act together to resist, oppose, and dismantle the structures of domination and oppression that constitute poverty, there is the danger of obscuring the alienation and oppositional social positions that attend conditions of structural injustice. To acknowledge the limits and dilemmas of solidarity practices between the poor and nonpoor is perhaps a sober reminder of one of the major costs of living in conditions of structural injustice. (shrink)

Six years ago, when I last wrote on tobacco policy, my perspective was to offer an assessment of the strengths and weaknesses of a halfcentury of tobacco control strategies aimed at reducing the health risks associated with cigarette smoking. I began with a discussion of informational strategies; then turned to public place restrictions; and followed with a treatment of excise tax initiatives. In my view, restrictions on advertising and promotion and resort to tort litigation had been less effective as control (...) efforts, but nonetheless also warranted consideration. In the ensuing years, there have been a number of significant developments that have altered the course of tobacco control policy. Prominent among these developments has been the authority granted to the Food and Drug Administration in the Family Smoking Prevention and Tobacco Control Act of 2009; the resort by the industry to litigation in a new guise - particularly reliant on the First Amendment - as an offensive weapon targeting regulatory controls; and the publication of the 2012 Surgeon General’s Report on youth smoking, which makes the case for top-priority attention to underage smoking behavior. These and related measures point to new pathways for breaking through a perceived recent loss of momentum in achieving further reductions in tobacco-related disease, without abandoning what has worked in the recent past. I attempt to pull together these multiple fronts in a Section focused primarily on youth smoking, assessing the promise of present efforts to reduce the harms associated with tobacco. Finally, I offer some brief thoughts from a broader public-health perspective, discussing the framework of tobacco control initiatives from the vantage point of the obesity problem. (shrink)

The widely accepted view of making an argument articulated by van Eemeren and Grootendorst (1982, 1984) has three unresolved problems that become apparent when one moves from conceptualization of the ideal to the varied practices of real argument. They are: (1) the reduction of argument components to assertives, (2) the identification of illocutionary force with a particular, contingent perlocutionary intent (convincing the listener to accept the arguer’s standpoint), and (3) the restriction of felicity conditions to fit those consistent with (...) that perlocutionary intent. This analysis amplifies objections first raised by Jackson (1985) and Jacobs (1989). (shrink)

Evaluative neutralization implies rephrasing items such that it is less clear to the respondent what would be a desirable response in the given population. The current research introduces evaluatively neutralized scales measuring the FFM model and compares them with standard counterparts. Study 1 reveals that evaluatively neutralized scales are less influenced by social desirability. Study 2 estimates higher-order factor models for neutralized vs. standard five-factor scales. In contrast to standard inventories, there was little support for higher-order factors for neutralized scales. (...) Study 3 demonstrates the convergent and discriminant validity for the neutralized scales, e.g. by less inflated correlations to external measures. It is argued that evaluatively neutralized inventories help researchers come to grips with social desirability in personality measurement, and are particularly useful when the factor structure is central to the research question and there is a focus on discriminant validity. (shrink)

We take a fresh look at the concerns about credit card pricing and empirically investigate whether the Credit CARD Act of 2009 has been successful in addressing those concerns. The rational choice theory of credit card pricing, which posits that issuers use back-end fees to adjust the price of credit to reflect new information about borrowers’ credit risk, predicts that issuers will respond to the Act by using alternative ways to price risk. In contrast, the behavioral economics theory, which posits (...) that issuers use back-end fees because they are not salient to consumers, predicts that issuers will respond by increasing unregulated non-salient prices. If the market is competitive, we argue that the CARD Act should also result in increases in some salient, up-front prices. But we show that if issuers have market power, reductions in non-salient fees may not result in concomitant increases in salient charges. We test these predictions using two datasets on credit card contract terms before and after the CARD Act rules went into effect. We find that the rules have substantially reduced the back-end fees directly regulated by the Act, including late fees and over-the-limit fees. However, unregulated contract terms, such as annual fees and purchase interest rates, have changed little. Post-CARD Act, consumers continue to face high long-term prices and low short-term prices, and imperfectly rational consumers still find it difficult to understand the cost of credit card borrowing. We thus consider potential improvements to the regulatory framework. We argue that improved disclosures that present to consumers the aggregate cost of credit under the contract, based on information about the borrower’s likely use of credit, would improve consumer outcomes. Furthermore, we suggest that regulators, rather than focusing on prices that are “too high,” should consider limiting the ability of issuers to charge introductory teaser interest rates that are in a sense “too low. (shrink)

Dans le § 8 de la 1ère recherche logique Husserl explique qu'est-ce que c'est l'expression, par opposition à un autre type de signe: l'indice. Ce qu'est en jeu, c'est la spécificité de l'expression, entendue par Husserl comme une sorte de signe qui présente un caractère clair. Mais afin de determiner l'expression Husserl effectue une opération interpretée par Derrida comme un premier type de réduction: réduction du langage a une forme du soliloque. En d'autres termes, au moment où Husserl doit expliquer (...) ce qu'est un signe linguistique, met entre parenthèses précisément la fonction symbolique des expressions.Je tiens à souligner dans cet article les raisons qui conduisent Husserl à ce surprenant geste de mettre entre parenthèses l'une des fonctions les plus essentielles des actes significatifs, la fonction comunicative de contenus intentionnels au moyen de signes dans un contexte intersubjectif. Je montrerai après ce que conduit Husserl à examiner à nouveau cette décision et à la critiquer dans les textes de 1913-1914 lors de la préparation de la deuxième édition des Recherches logiques et publiés aujourd'hui dans le volume XX/2 de Husserliana.En el § 8 de la 1ª Investigación lógica Husserl explica qué es la expresión por oposición a otro tipo de signo: el índice. Lo que se halla en juego es la especificidad de la expresión, entendida por Husserl como un tipo de signo que presenta un carácter intencional. Pero, con el fin de perfilar la expresión, Husserl realiza una operación interpretada por Derrida como un primer tipo de reducción: la reducción del lenguaje a la forma del soliloquio. En otras palabras, en el momento en el que Husserl debe explicar lo que es un signo lingüístico, pone entre paréntesis precisamente la función simbólica de las expresiones.Me gustaría poner de relieve en este artículo las razones que llevan a Husserl a este sorprendente gesto de poner entre paréntesis una de las más esenciales funciones de los actos significativos, la función de comunicar contenidos intencionales a través de signos en un context intersubjetivo. Mostraré más tarde qué lleva a Husserl revisar esta decisión y criticarla en los textos de 1913-1914 cuando preparaba la segunda edición de las Investigaciones lógi-cas y hoy publicados en el volumen XX/2 de Husserliana. (shrink)

A paradigmatic experience of agency is the felt effort associated with the act of making a difficult choice. The challenge of accounting for this experience within a compatibilist framework has been called ‘the agency problem of compatibilism’ (Vierkant, 2022, The Tinkering Mind: Agency, Cognition and the Extended Mind, Oxford University Press, 116). In this paper, I will propose an evolutionarily plausible, actional account of deciding which explains the phenomenology. In summary: The act of making a difficult choice is triggered by (...) a metacognitive decision to intentionally stop deliberating, despite ongoing uncertainty. This decision is the output of a metacognitive cost–benefit computation, which weighs the value of uncertainty reduction against the costs of ongoing deliberation. Strikingly, contemporary theories of effort suggest that this cost–benefit computation is also the source of the feeling of mental effort, which tracks the costs of that decision. If this account is correct, the agency problem of compatibilism has been solved. The act of making a difficult choice and the associated paradigmatic experience of agency, felt effort, both follow from the metacognitive evaluation. Implications are explored. (shrink)

Progress in medicine and the subsequent extension of health coverage has meant that health expenditure has increased sharply in Western countries. In the United States, this rise was precipitated in the 1980s, compounded by an increase in drug consumption which prompted the government to re-examine its financial support to care delivery, most notably in hospital care and emergencies services. In California for example, 50 emergency service providers were closed between 1990 and 2000, and nine in 1999–2000 alone. In that State, (...) only 355 hospitals (out of 568) have maintained emergency services departments (Darves, WebMB, 2001). Reforming hospital Emergency Department (ED) operations requires caution not only because the media pay a lot of attention to ED operations, but also because it raises ethical issues: this became more apparent with the enactment of the EMTALA which stipulates that federally funded hospitals are required to give emergency aid in order to “stabilize” a patient suffering from an “emergency medical condition” before discharging or transferring that patient to another facility. While in essence the law aims to preserve patient access to care, physicians assert that the EMTALA leads to more patients seeking care for non-urgent conditions in EDs (GAO, Report to Congressional Committees, 2001), leading to overcrowding, delayed care for patients with true emergency needs, and forcing hospitals to divert ambulances to other facilities resulting in further delays in urgent care. Also, fewer physicians are willing to be on-call in emergency departments because the EMTALA law requires on-call physicians to provide uncompensated care. Thus there is a need to find a balance between appropriate care to be provided to ED patients, and low costs since uncompensated care is not covered by state or federal funds. This concerns, first and foremost, hospitals that provide a greater amount of uncompensated care (e.g. hospitals serving communities with a higher population of illegal immigrants). Looking at the intrinsic causes of high ED costs, the paper first explains why costs of care provided in EDs are high, and look at a major cause of high ED costs: overcrowding and ED users’ characteristics. This is followed by a discussion on a much-debated factor: the use of EDs for non-emergency conditions, a practice which has often been accused of disproportionately raising costs. We look at various mechanisms used either to divert or prevent the patient from using ED: these include triage services; and the role of HMOs in the ED chain of care: though the US government has increasingly relied on Managed Care organizations to contain costs (e.g. Medicaid and Medicare Managed Care), do HMOs make a difference when it comes to ED costs? Of particular interest is the family physician acting as a gatekeeper, and the legislation that was enacted to protect those who bypass the referral system. We then look at the other end of the ED chain (i.e. the recipient): the financial responsibility of ED users has increased. Alternative providers such as walk-in clinics are increasingly common. EDs also attempt to reengineer their operations to curb costs. While the data are mostly applicable to a private health care system (e.g. the US), the article, using a critical assessment of the existing literature, has implications for other EDs generally, wherever they operate, since every ED faces similar funding problems. (shrink)

In this book, Christopher Evan Franklin develops and defends a novel version of event-causal libertarianism. This view is a combination of libertarianism--the view that humans sometimes act freely and that those actions are the causal upshots of nondeterministic processes--and agency reductionism--the view that the causal role of the agent in exercises of free will is exhausted by the causal role of mental states and events (e.g., desires and beliefs) involving the agent. Franklin boldly counteracts a dominant theory that has similar (...) aims, put forth by well-known philosopher Robert Kane. -/- Many philosophers contend that event-causal libertarians have no advantage over compatibilists when it comes to securing a distinctively valuable kind of freedom and responsibility. To Franklin, this position is mistaken. Assuming agency reductionism is true, event-causal libertarians need only adopt the most plausible compatibilist theory and add indeterminism at the proper juncture in the genesis of human action. The result is minimal event-causal libertarianism: a model of free will with the metaphysical simplicity of compatibilism and the intuitive power of libertarianism. And yet a worry remains: toward the end of the book, Franklin reconsiders his assumption of agency reductionism, arguing that this picture faces a hitherto unsolved problem. This problem, however, has nothing to do with indeterminism or determinism, or even libertarianism or compatibilism, but with how to understand the nature of the self and its role in the genesis of action. Crucially, if this problem proves unsolvable, then not only is event-causal libertarianism untenable, so also is event-causal compatibilism. (shrink)

A growing body of empirical evidence suggests the existence of a Paradox of Choice, whereby a larger choice set leads to a lower expected payoff to the decisionmaker. These empirical findings contradict traditional choice-theoretic results in microeconomics and even social psychology, suggesting profound yet unexplained aspects of choice settings/behavior. The Paradox remains largely as a theoretically-rootless empirical phenomenon. We neither understand the mechanisms and conditions that generate it, nor whether the Paradox stems from choice behavior, choice setting, or both. We (...) present a general search model of consumer choice under incomplete information to examine the theoretical existence and conditions for the Paradox. The model departs from traditional microeconomic choice theory in assuming no “cognitive free lunches.” Search and evaluative efforts require time, focus, and opportunity cost in the model, as in real life. The model shows that conditions for Paradox readily exist, diminishing returns to potential value of the choice in choice set size is a necessary condition for a Paradox outcome, that a Paradox outcome can occur with or without a “choice overload” response by the decisionmaker, and that avoidance of a Paradox outcome is an impossibility in some choice settings (primitive to setting regardless of choice behavior). Lastly, we develop a pareto-improving choice set reduction algorithm that eliminates weakly dominated choice set elements and presents the restricted choice set to the decisionmaker. As such, it is shown that the algorithm acts to treat or mitigate the Paradox of Choice, as well as to pareto-improve choice-supporting evaluation more generally. Like established AI recommender systems, the novel algorithm filters choices. In the present case, the filtering is based upon identification of weakly dominated choice set elements. (shrink)

In his illuminating Aquinas Lecture Jacques Taminiaux offers a bold interpretation of certain contemporary European philosophers in terms of the way in which they react to and transform Husserl’s phenomenological reduction. He highlights issues relating to embodiment, personhood, and value. Taminiaux sketches Husserl’s emerging conception of the reduction and criticizes certain Cartesian assumptions that Husserl retains even after the reduction, and specifically the assumption that directly experienced mental acts and states are not given in adumbrations but present (...) themselves as they are. Heidegger too does not escape a certain Cartesian dualism with his privileging of the individual authentic self over and against the inauthentic das Man. Taminiaux portrayspost-Heideggerian philosophy (specifi cally Arendt, Jonas, and Levinas) as responding to failures or dualisms haunting Husserl’s reduction. Taminiaux is right to insist on the importance of the reduction in Husserl and also, despite appearances, in Heidegger, but it is not clear that the meditations of Arendt, Jonas, and Levinas can really be seen as responding to failures in the reduction. Furthermore, Taminiaux downplays the centrality of Husserl’s commitment to transcendental idealism and his representation of the epochē and reduction as ways of breaking through the natural attitude to reach the transcendental attitude of the non-participating spectator. (shrink)

This paper reviews the actual and potential use of social media in emergency, disaster and crisis situations. This is a field that has generated intense interest. It is characterised by a burgeoning but small and very recent literature. In the emergencies field, social media (blogs, messaging, sites such as Facebook, wikis and so on) are used in seven different ways: listening to public debate, monitoring situations, extending emergency response and management, crowd-sourcing and collaborative development, creating social cohesion, furthering causes (including (...) charitable donation) and enhancing research. Appreciation of the positive side of social media is balanced by their potential for negative developments, such as disseminating rumours, undermining authority and promoting terrorist acts. This leads to an examination of the ethics of social media usage in crisis situations. Despite some clearly identifiable risks, for example regarding the violation of privacy, it appears that public consensus on ethics will tend to override unscrupulous attempts to subvert the media. Moreover, social media are a robust means of exposing corruption and malpractice. In synthesis, the widespread adoption and use of social media by members of the public throughout the world heralds a new age in which it is imperative that emergency managers adapt their working practices to the challenge and potential of this development. At the same time, they must heed the ethical warnings and ensure that social media are not abused or misused when crises and emergencies occur. (shrink)

Husserl conceived of the "reduction" in the "logical investigations" in a different manner than he conceived of it in his later works. In this book, The "reduction" is not a bracketing of the empirical ego so as to attain a self-Enclosed transcendental ego with its intentional acts, Hyletic data, And noemata. Rather it is a reduction that proceeds in part through an adequate inner perception, And in part through recollection and "empirical assumption," and which results in an (...) empirical ego that is nothing more than the synthetic unity of its intentional acts and hyletic data. (shrink)

Assuming the importance of Alfred Schutz’s “protosociology” in social theory as a given, the paper tries to explore its philosophical core, treating Schutz’s sociophenomenology as an answer to the most fundamental questions of phenomenology, such as evidence and phenomenological reduction. It analyses Schutz’s point of departure – the problematization of Max Weber’s concept of the meaning of social action and its deepening by means of Henri Bergson’s and Edmund Husserl’s notion of time – and tries to unravel the double (...) structure of consciousness, revealing increasingly its complex temporal character. Brentano’s and Husserl’s double intentionality, seeming to offer a kind of “decent realism” in modern philosophical context, in Schutz turns out to be marked by the profound pastness of reflexive consciousness, reaching the primary stream experience only by means of primary and secondary acts of remembrance, re-effectuated intersubjectively in acts of phantasying about future, thus constituting the very core of meaning, with its reference to external objects. It appears that only analysing this mode of phantasying in reference to its motives that we can solve the conundrum of realism in its modern shape. (shrink)

Whom I call ‘epistemic reductionists’ in this article are critics of the notion of ‘moral luck’ that maintain that all supposed cases of moral luck are illusory; they are in fact cases of what I describe as a special form of epistemic luck, the only difference lying in what we get to know about someone, rather than in what (s)he deserves in terms of praise or blame. I argue that epistemic reductionists are mistaken. They implausibly separate judgements of character from (...) judgements concerning acts, and they assume a conception of character that is untenable both from a common sense perspective and with a view to findings from social psychology. I use especially the example of Scobie, the protagonist of Graham Greene’s novel The Heart of the Matter , to show that moral luck is real—that there are cases of moral luck that cannot be reduced to epistemic luck. The reality of moral luck, in this example at least, lies in its impact on character and personal and moral identity. (shrink)

This study attempts to spell out more explicitly than has been done previously the connection between two types of formal correspondence that arise in the study of quantum–classical relations: one the one hand, deformation quantization and the associated continuity between quantum and classical algebras of observables in the limit \, and, on the other, a certain generalization of Ehrenfest’s Theorem and the result that expectation values of position and momentum evolve approximately classically for narrow wave packet states. While deformation quantization (...) establishes a direct continuity between the abstract algebras of quantum and classical observables, the latter result makes in-eliminable reference to the quantum and classical state spaces on which these structures act—specifically, via restriction to narrow wave packet states. Here, we describe a certain geometrical re-formulation and extension of the result that expectation values evolve approximately classically for narrow wave packet states, which relies essentially on the postulates of deformation quantization, but describes a relationship between the actions of quantum and classical algebras and groups over their respective state spaces that is non-trivially distinct from deformation quantization. The goals of the discussion are partly pedagogical in that it aims to provide a clear, explicit synthesis of known results; however, the particular synthesis offered aspires to some novelty in its emphasis on a certain general type of mathematical and physical relationship between the state spaces of different models that represent the same physical system, and in the explicitness with which it details the above-mentioned connection between quantum and classical models. (shrink)

Nous nous sommes proposés ici de montrer qu’Aristote caractérise le fou (μαινόμενος) dans le cadre d’un système différencié d’autres notions, sans en faire seulement un cas limite, quasiment impensé. Le point de départ de l’étude est l’analyse de la triade ἀκούσιον/δι᾽ ἄγνοιαν/ἀγνοῶν qui convoque aux côtés du fou : l’homme en colère, l’homme pris de vin, celui qui dort, le méchant (μοχθηρός), l’intempérant/incontinent (ἀκρατής), le malade. Cela implique de déterminer les types d’ignorance en cause dans les actes accomplis dans chaque (...) cas et, a contrario, en contraste avec la position socratique, les différentes formes de «l’être dans le savoir» : le savoir en entéléchie première et le savoir en acte ; le savoir du général et celui du particulier ; le savoir en acte sans intervention des affections (πάθη) et le savoir avec affections. Dans l’ensemble des catégories d’acteurs envisagées qui, selon les cas ne mettent pas en acte leur savoir de la différence entre le bien et le mal temporairement, ou le font durablement au point de transformer leur ignorance un état stable (ἕξις) de méchanceté ou encore par choix, comme l’acratique, dans cet ensemble donc, le fou apparaît comme celui qui agit par ignorance (δι᾽ ἄγνοιαν) et non pas de l’un ou de l’autre des paramètres d’une action particulière, mais de tous, à l’exception d’un seul : l’agent car, dit Aristote, «comment s’ignorer soi-même» (ἑαυτόν). Un autre moment de l’article consiste à analyser ce qu’est le soi-même en question et conclut à la réduction de l’αὐτός à ce qui accompagne la mise en acte de l’existence (τὸ εἶναι) que ce soit dans l’agir (πραττειν), le faire (ποιεῖν) ou le vivre (ζῆν). Le fou, en agissant, activerait simplement son sentiment d’exister et en cela ne pourrait «s’ignorer lui-même». Mais il faudra qu’il sorte de cette position et que, revenu à la connaissance de tous les paramètres d’un acte, il se repente de ce qu’il a accompli, pour avoir droit à la qualification d’ἀκούσιος («qui a agi contre son gré»). Chez Aristote la folie semble donc ne pouvoir être philosophiquement prise en compte que comme une crise dont on sort pour mettre en acte son savoir des paramètres d’une action particulière et n’est pas excusable parce que le fou «n’aurait pas eu conscience de son acte» mais parce qu’il a retrouvé la connaissance de ce qui compose un acte. (shrink)