Over the last two decades, legal scholarship has been catching up with the more than century old calls by black Americans for reparations.1 Tax scholar Boris Bittker (in)famously launched the viability of black reparations into legal scholarship with his now classic monograph, The Case for Black Reparations.2 However, it would take more than twenty years for mainstream legal scholarship to take up the robust and wide-ranging set of questions raised by the possibility of reparations for American slavery.3 In the late (...) 1990s private law scholars leapt into the debate, discussing unjust enrichment and torts-based models of black reparations.4 While these scholars made a variety of distinct arguments, collectively, their model rested on the contention that America had wrongfully expropriated the labor of generations of enslaved African Americans and the result had been systemic unjust enrichment, or a species of mass torts. Grounded in various conceptions of corrective justice, these models conceive black reparations as a set of claims that would be litigated through the courts. Over the ensuing two decades, the private law model has become somewhat of an outlier in reparations discussions, largely set aside in favor of broader, more explicitly political approaches. (shrink)

This book critically examines nine pre-service teacher candidates, and the author’s experience, to explore the ways in which white educators manifest understandings of white racial identity and professional choice through oral narratives. Ultimately the text proposes a new, non-developmental model for thinking about white racial identity.

ABSTRACTRecognising a facial expression is more difficult when the expresser's body conveys incongruent affect. Existing research has documented such interference for universally recognisable bodil...

Philosophers have developed three theories of luck: the probability theory, the modal theory, and the control theory. To help assess these theories, we conducted an empirical investigation of luck attributions. We created eight putative luck scenarios and framed each in either a positive or a negative light. Furthermore, we placed the critical luck event at the beginning, middle, or end of the scenario to see if the location of the event influenced luck attributions. We found that attributions of luckiness were (...) significantly influenced by the framing of the scenario and by the location of the critical event. Positively framing an event led to significantly higher lucky ratings than negatively framing the same exact event. And the closer a negative event was placed toward the end of a scenario, the more unlucky the event was rated. Overall, our results raise the possibility that there is no such thing as luck and thereby pose serious challenges to the three prominent theories of luck. We instead propose that luck may be a cognitive illusion, a mere narrative device used to frame stories of success or failure. (shrink)

Medical-legal partnerships connect legal advocates to healthcare providers and settings. Maintaining effectiveness of medical-legal partnerships and consistently identifying opportunities for innovation and adaptation takes intentionality and effort. In this paper, we discuss ways in which our use of data and quality improvement methods have facilitated advocacy at both patient (client) and population levels as we collectively pursue better, more equitable outcomes.

ABSTRACTWe conducted two studies to determine whether there is a relationship between dispositional optimism and the attribution of good or bad luck to ambiguous luck scenarios. Study 1 presented five scenarios that contained both a lucky and an unlucky component, thereby making them ambiguous in regard to being an overall case of good or bad luck. Participants rated each scenario in toto on a four-point Likert scale and then completed an optimism questionnaire. The results showed a significant correlation between optimism (...) and assignments of luck: more optimistic people rated the characters in the ambiguous scenarios as more lucky while more pessimistic people rated the same characters in the same scenarios as more unlucky. Study 2 separated the good and bad luck components of the study 1 scenarios and presented the components individually to a new group of participants. Participants rated the luckiness of each component on the same four-point scale and then completed the optimism questionnaire. We found... (shrink)

Ce bref texte en forme de manifeste rappelle que les mouvements de transformation sociale dirigés vers davantage de justice sont d’autant plus forts que leurs membres reconnaissent avec lucidité et compassion leurs propres implications dans les mécanismes générateurs de violences. Plutôt que des gestes de condamnation et d’annulation ( cancel ), ce sont donc des attitudes d’écoute, de soutien et de solidarité active qui sont requis.

Put relationship-centered communication at the forefront of care Today, physicians face a hypercompetitive marketplace in which they must meet unique and complex patient needs as efficiently as possible. But in a culture prioritizing clinical outcomes above all, there can be a tendency to lose sight of one of the most critical aspects of providing effective care: the communication skills that build and foster physician-patient relationships. Studies have shown that good communication between doctors and patients and among all caregivers who interface (...) with patients directly results in better clinical outcomes, reduced costs, greater patient satisfaction, and lower rates of physician burnout. In Communication the Cleveland Clinic Way, Dr. Adrienne Boissy and her team tell the story of how Cleveland Clinic created and applied the R.E.D.E. to Communicate: Foundations of Healthcare program, making the world-renowned hospital system a leader in relationship-centered care. They provide a step-by-step guide for healthcare leaders and decision-makers to design, develop, and implement communication skills training in their own institutions. Learn how to: • Craft an effective, colleague-supported communication skills program to include veteran physicians, residents, and medical students • Leverage creative program design and data transparency to engage and facilitate staff physicians and advanced care providers • Identify common misperceptions and myths in healthcare communication and respond to them successfully • Cultivate a true sense of empathy—with patients and fellow caregivers alike—while maintaining professionalism In a field where difficult conversations and stressful relationships are commonplace, clinicians need a structured approach to enable them to deliver the best care possible. Communication the Cleveland Clinic Way is the blueprint for establishing a relationship-centered program that will improve patient experience, reinvigorate doctors’ passion for their work, and elevate any organization. (shrink)

Dans cette réflexion surgie des premières expériences de la pandémie du Covid-19, l’autrice met en écho nos peurs et nos réactions face aux dangers de la maladie et face aux actes de violence. Les condamnations sommaires et instantanées auxquelles les militant·es se livrent sur les réseaux sociaux reproduisent partiellement des dynamiques de lynchage dont il faut apprendre à davantage se méfier. Avec la distance de l’abstentiel, il est parfois plus facile de dénoncer ( call-out ) les mauvais comportements, que d’interpeler (...) et d’inclure ( call-in ) celleux qui ont fait du mal. Comment croire les survivant·es tout en restant abolitionnistes? Comment croire les survivant·es tout en pratiquant une justice transformatrice? (shrink)

Cet article propose une synthèse théorique pour mieux appréhender la problématique du présent numéro de la Revue de Philosophie Économique qui, axé sur « Justice, intérêt et judiciarisation », donne une place de choix au droit. Le texte revisite quelques principes fondamentaux de l’utilitarisme, plusieurs théories de la justice et des libertés en vue d’examiner la « judiciarisation » comme processus exprimant justice et intérêt(s). En repartant de Jeremy Bentham, en passant par les options opposées de John Rawls et de (...) Friedrich Hayek notamment, des tensions sont mises au jour au sein de la triade de concepts. En abordant le « réalisme » juridique, notamment chez Richard Posner, il apparaît combien la perspective socio-économique nourrit la judiciarisation, qui influence en retour les interactions sociales. L’enjeu du cadre civilisationnel est souligné sur le cas japonais, qui montre la pertinence de ressaisir ces concepts en contexte. Toile de fond, ce texte sert à aborder les articles subséquents du numéro, focalisés sur des applications pratiques de la philosophie économique. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Full Collection of Personal NarrativesJake Beery, Neethi Pinto, Marcia King, Laura Wachsmuth, Alisha, Katie L. Gholson, T.S. Moran, Calvin R. Gross, Joanne Alfred, Cindy Bitter, Jenna Bennett, Nadia Khan, Clarice Douille, Kristen Carey Rock, Adrienne Feller Novick, Andrea Eisenberg, Japmehr Sandhu, Katherine Bakke, Heer Hendry, Karan K. Mirpuri, and Katerina V. Liong• Being the Difference• Grieving One More Time• Echoes of Grief: Tales from an Emergency Medicine and (...) Critical Care Nurse• Searching for Peace in Death• “I’d Love to go Off the Grid and Never Come Back”• “A Mother’s Love”• Tiny Person, Big Impact• Night Shift• Cracked Armor• Who Tells the Story• Navigating Hard Situations that Medical School Cannot Prepare You For• The Wish• Break• Five More Minutes• I Saw My Reflection• The Aftermath• Where the Journey Begins• Lessons Learned in Room 208• Joint and Grief Aches• My First Loss: Carrying His Legacy• Grieving the Loss of What Medicine Was Supposed to BeCopyright © 2024 Johns Hopkins University Press... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 689 present the spirit of Catholic Christianity to contemporary man in such a way that it [Catholic Christianity, not contemporary man!] appears credible in itself and its historical development..." (emph. mine). Clearly, de Lubac's entire theology is an effort to say the opposite of what the mistranslation regrettably says. Page 46: "his articles, however, which from 1972 [typographical correction: 1942] on prepared for his works on modern (...) atheism (1944/1945)..." On pages 80 and 115, the word "mysterial" is introduced; it should be "mystical." On page 94-95, "the strict rejection of all reduction of God's living consciousness [correction: the living consciousness of God] to logical categories" is misleading because Balthasar is referring to man's living consciousness of God. Page 101: " We experience what a true theology [correction: theologian] is for de Lubac..." On the same page there are two typographical errors, adding a parenthesis and omitting quotation marks. Abbe Monchanin's De l'esthetique a la mystique (From Aesthetics to Mysticism) is mistranslated as From Asceticism to Mysticism on page 102. This 1991 edition translates Henri de Lubac's name for the first and only time as " Henry de Lubac" on page 118. Michael Waldstein's and Susan Clement's translations are fine and readable. The Catholic Universtiy of America Washington, D.C. MARK D. NAPACK Hans Urs von Balthasar. His Life and Work. Edited by DAVID L. SCHINDLER. San Francisco: Communio Books/Ignatius Press, 1991. Pp. 305. This is an important contribution to English-language scholarship on the Swiss theologian Hans Urs von Balthasar. As such it marks a nice complement to the volume edited by John Riches, The Analogy of Beauty: The Theology of Hans Urs von Balthasar (Edinburgh: T. & T. Clark, 1986). Schindler's volume is a slightly edited translation of Hans Urs von Balthasar: Gestalt und Werke, edited by Karl Lehmann and Walter Kasper (Cologne: Communio, 1989). Most of the articles appeared in one or more of the many editions of Communio International Catholic Review, the periodical founded by Balthasar. The richness of the volume lies not only in the quality of individual selections but in the range of material that is covered. Many areas of Balthasar's life and work have remained little known, especially in the English-speaking world, until the appearance of this volume. The pur- 690 BOOK REVIEWS pose of the book, according to Schindler's preface, is "to help display [Balthasar's] vision and the character and range of his service to the Church and to culture" (p. xiii). There are several essays in the volume which shed new light on Balthasar's life, as well as on his philosophical position. Peter Henrici's lengthy biographical sketch is the most complete such contribution available until now, even though he calls it "preliminary and inadequate " (p. 7). It is extremely useful, in conjunction with Balthasar's own autobiographical statements, to situate the written work in the context of a large mission in the Church. It is also helpful in clarifying the relationship between Balthasar and the Jesuit order: his entry into the Society of Jesus, his studies, his departure from the Jesuits, and the attempted reconciliation with them shortly before his death. The extent of his health problems, also, only underlines the value of his literary production. Many details concerning the meeting with Adrienne von Speyr and the founding of the secular institute ]ohannesgemeinschaft are also provided. Throughout these activities and the writings that surround them, "the issue is the Church in the world, not a radiating of the Church's holiness into the profane world, but the leavening of the world from within in order to make visible God's glory which still shines in this world" (p. 24). Henrici has another essay in the collection on the philosophy of Balthasar. This is a little explored area of Balthasar's writings and Henrici's contribution is especially valuable. By clarifying Balthasar's position in relation to key figures in the history of philosophy, it provides many significant hints to facilitate the integration of Balthasar's theology within the academic milieu. Balthasar reflected on the possibilities of an encounter between Catholic theology and modern thought. By the... (shrink)

Une nouvelle écrite pour l’anthologie Octavia’s Brood: Science Fiction Stories from Social Justice Movements [enfants d’Octavia: des histoires SF tirées des mouvements de justice sociale], éditée par adrienne maree brown et Walidah Imarisha. L’histoire parle d’un futur dans lequel toutes les personnes handicapées (appelées I. P. ou ImParfait·es) ont été envoyées sur une autre planète où, débarrassées des soldats envoyés pour les surveiller, ielles se sont créé une vie faite d’entraide. Cette vie est menacée par les Parfait·es, qui s’apprêtent (...) à revenir prendre le contrôle et créer une nouvelle dystopie pour eux. (shrink)

There are a few things I’d like to say in reply to Adrienne Prettyman’s interesting paper, “Empty Thoughts: An Explanatory Problem for Higher-Order Theories of Consciousness,” in which she discusses the objection to higher-order theories from the possibility those theories leave open that a higher-order awareness represents one as being in a state that one is not actually in.

Discrepancies between the Uniform Determination of Death Act (UDDA) and the adult and pediatric diagnostic guidelines for brain death (BD) (the “Guidelines”) have motivated proposals to revise the UDDA. A revision proposed by Lewis, Bonnie and Pope (the RUDDA), has received particular attention, the three novelties of which would be: (1) to specify the Guidelines as the legally recognized “medical standard,” (2) to exclude hypothalamic function from the category of “brain function,” and (3) to authorize physicians to conduct an apnea (...) test without consent and even over a proxy’s objection. One hundred seven experts in medicine, bioethics, philosophy, and law, spanning a wide variety of perspectives, have come together in agreement that while the UDDA needs revision, the RUDDA is not the way to do it. Specifically, (1) the Guidelines have a non-negligible risk of false-positive error, (2) hypothalamic function is more relevant to the organism as a whole than any brainstem reflex, and (3) the apnea test carries a risk of precipitating BD in a non-BD patient, provides no benefit to the patient, does not reliably accomplish its intended purpose, and is not even absolutely necessary for diagnosing BD according to the internal logic of the Guidelines; it should at the very least require informed consent, as do many procedures that are much more beneficial and less risky. Finally, objections to a neurologic criterion of death are not based only on religious belief or ignorance. People have a right to not have a concept of death that experts vigorously debate imposed upon them against their judgment and conscience; any revision of the UDDA should therefore contain an opt-out clause for those who accept only a circulatory-respiratory criterion. (shrink)

Ian C. Jarvie developed the idea of situational logic in a subtle and effective way. He was also interested in, as well as a contributor to, the institution of academic publication. This chapter provides a situational analysis of an important recurrent pattern in academic publishing, namely, the concentration of work around particular topics, despite the fact that most such work will be unrewarded in the economy of esteem that is meant to be in play.

It is almost universally believed that in quantum theory the two following statements hold: all transformations are achieved by a unitary interaction followed by a von-Neumann measurement; all mixed states are marginals of pure entangled states. I name this doctrine the dogma of purification ontology. The source of the dogma is the original von Neumann axiomatisation of the theory, which largely relies on the Schrődinger equation as a postulate, which holds in a nonrelativistic context, and whose operator version holds only (...) in free quantum field theory, but no longer in the interacting theory. In the present paper I prove that both ontologies of unitarity and state-purity are unfalsifiable, even in principle, and therefore axiomatically spurious. I propose instead a minimal four-postulate axiomatisation: associate a Hilbert space \ to each system \; compose two systems by the tensor product rule \; associate a transformation from system \ to \ to a quantum operation, i.e. to a completely positive trace-non-increasing map between the trace-class operators of \ and \; evaluate all joint probabilities through that of a special type of quantum operation: the state preparation. I then conclude that quantum paradoxes—such as the Schroedinger-cat’s, and, most relevantly, the information paradox—are originated only by the dogma of purification ontology, and they are no longer paradoxes of the theory in the minimal formulation. For the same reason, most interpretations of the theory interpret the same dogma, not the strict theory stripped of the spurious postulates. (shrink)

Chronic pain patients often miss receiving acknowledgement for the multidimensional struggles they face with their specific conditions. People suffering from chronic pain experience a type ofinvisibilitythat is also borne by other chronically ill people and their respective medical conditions. However, chronic pain patients face both passive and active exclusion from social participation in activities like family interactions or workplace inclusion. Although such aspects are discussed in the debates lead by the bio-psycho-social model of pain, there seems to be a lack (...) of a distinct interest in assessing more specifically the social aspects regarding chronic pain. As a result, the social aspects have yet to be taken into a more thorough theoretical consideration of chronic pain and to be practically implemented to help affected patients. By addressing chronic pain patients’ struggle for recognition, this paper attempts to shed light on some of these social aspects. We base this attempt on a theoretical framework that combines patients’ statements with an adaptation of Axel Honneth’s social-philosophical work onrecognition. Thus, this paper tries to make a suggestion on how the bio-psycho-social model of pain can live up to its name by helping to address more adequately some of the more neglected aspects in chronic pain patients’ suffering than has been possible to date. (shrink)

This "festschrift" brings together authors from various countries who are specialists in different disciplines within the humanities and who share a common vision of human life. These essays in philosophical speculation, political theory, literary criticism, and historical analysis are rooted in the western cultural heritage and Christian religious tradition. Major figures examined include Aristotle, Aquinas, Thomas More, John of the Cross, Donoso Cortes, and the Spanish Carlists. The interdisciplinary and cosmopolitan nature of this "festschrift" reflects the approach and style of (...) the man honored, Dr. Frederick D. Wilhelmsen. A special feature of the volume is a selection of critical studies of Professor Wilhelmsen's own work. (shrink)

Recent years have been blessed with an abundance of logical systems, arising from a multitude of applications. A logic can be characterised in many different ways. Traditionally, a logic is presented via the following three components: 1. an intuitive non-formal motivation, perhaps tie it in to some application area 2. a semantical interpretation 3. a proof theoretical formulation. There are several types of proof theoretical methodologies, Hilbert style, Gentzen style, goal directed style, labelled deductive system style, and so on. The (...) tableau methodology, invented in the 1950s by Beth and Hintikka and later per fected by Smullyan and Fitting, is today one of the most popular, since it appears to bring together the proof-theoretical and the semantical approaches to the pre of a logical system and is also very intuitive. In many universities it is sentation the style first taught to students. Recently interest in tableaux has become more widespread and a community crystallised around the subject. An annual tableaux conference is being held and proceedings are published. The present volume is a Handbook a/Tableaux pre senting to the community a wide coverage of tableaux systems for a variety of logics. It is written by active members of the community and brings the reader up to frontline research. It will be of interest to any formal logician from any area. (shrink)

Contemporary Continental Philosophy steps back from current debates comparing Continental and analytic philosophy and carefully, yet critically outlines the tradition’s main philosophical views on epistemology and ontology. Forgoing obscure paraphrases, D’Amico provides a detailed, clear account and assessment of the tradition from its founding by Husserl and Heidegger to its challenge by Derrida and Foucault. Though intended as a survey of this tradition throughout the twentieth century, this study’s focus is on the philosophical problems which gave it birth and even (...) now continue to shape it.The book reexamines Husserl as an early critic of epistemological naturalism whose grasp of the philosophical importance of the theory of meaning was largely ignored. Heidegger’s contrasting effort to revive ontology is examined in terms of his distinction between ontic and ontological questions. In contrast with many earlier studies, the author outlines confusions engendered by the misappropriation of the distinct philosophical agendas of Husserl and Heidegger by such famous figures as Sartre and Merleau-Ponty. The book is also original in its emphasis on how social externalism in epistemology, inspired by Karl Mannheim, influenced this tradition’s structuralist and Marxist phases. The philosophical defenses of a theory of interpretation by Gadamer and Habermas are closely examined and assessed and the study concludes with a a probing yet balanced account of Foucault and Derrida as critics of philosophical autonomy. The book concludes by reassessing this century-long divide between the analytic and Continental traditions and its implication for the future of philosophy. (shrink)

Stratified properties such as ‘happy unhappiness’, ‘ungrounded ground’, ‘fortunate misfortune’, and evidently ‘true falsity’ may generate dialetheias (true contradictions). The aim of the article is to show that if this is the case, then we will have a special, conjunctive, kind of dialetheia: a true state description of the form ‘Fa and not Fa’ (for some property F and object a), wherein the two conjuncts, separately taken, are to be held untrue. The particular focus of the article is on happy (...) unhappiness: people suffering from (or enjoying) happy unhappiness (if there is some situation or state of mind of this kind) cannot be truly said ‘happy’ or ‘unhappy’, but we can say they are both. In the first section three cases of conjunctive stratification are presented; in the second section the logic of stratified contradictions is explored. The last section focuses on eudemonistic ascriptions: stated that a is happy to be unhappy (or unhappy to be happy), should we say a is happy? unhappy? both? neither? (shrink)

We investigate computability theoretic and descriptive set theoretic contents of various kinds of analytic choice principles by performing a detailed analysis of the Medvedev lattice of $\Sigma ^1_1$ -closed sets. Among others, we solve an open problem on the Weihrauch degree of the parallelization of the $\Sigma ^1_1$ -choice principle on the integers. Harrington’s unpublished result on a jump hierarchy along a pseudo-well-ordering plays a key role in solving this problem.

Human aesthetic experiences are pervasive; they are triggered by faces, art, natural scenery, foods, ideas, theories, and decision-making situations, among many sources, and seem to be a distinctive trait of our species. Our moral sense, understood as our capacity to judge events, actions, or people as good or bad, appropriate or inappropriate, also seems to be an exclusively human endowment (Ayala 2010). As part of the scientific efforts to characterize the biological foundations of our human uniqueness, recently there has been (...) interest in the brain’s underpinnings of aesthetic reactions to art on the one hand, and in the neural correlates of moral judgment and decision-making on the other (Greene and Paxton .. (shrink)

In his Consciousness and Fundamental Reality (2017) Philip Goff defends his anti-physicalist argument against what he calls the "Dual Carving" objection—the idea that two representations of the very same fact could both be conceptually independent and "transparent," that is, revealing of the essences of the entities in question. His defense invokes a thesis he calls "Minimal Rationalism." I explore exactly how Minimal Rationalism is supposed to turn aside the objection and argue that the formulation of Minimal Rationalism on offer is (...) ambiguous between stronger and weaker readings. Goff needs the stronger reading to use it in defense of his argument, but only the weaker reading is warranted by the considerations he brings to bear in favor of his rationalism. His minimal rationalism is, in sum, insufficiently minimal. The upshot is not only that Goff is deprived of a way of turning back an important objection to his case against physicalism; we also gain a better sense of what kind of rationalist thesis is properly invoked in metaphysics. (shrink)

This article analyzes the complex relation of phenomenology and literature in the work of Husserl and Derrida. In the first part, I show that the limited ideality of the literary object necessarily situates it in a derivative region of phenomenology. In the second part, however, I problematize the regional status of literature by elaborating a brief but important footnote in which Husserl broadens the concept of literature to embrace all cultural products whatsoever. Yet, because even this broadened concept of literature (...) ultimately remains secondary for the phenomenologist, it only redoubles and ratifies the submission of literature to the more ideal objectivities of mathematical disciplines like geometry. The third part, finally, mobilizes Derrida’s notion of “dissemination,” prepared in and unintelligible apart from his early engagement with Husserlian phenomenology, in order to broach a notion of literature that the phenomenologist can neither circumscribe nor describe. (shrink)