Litigation cannot solve a public health crisis. But litigation can be an effective complementary tool to regulation by increasing the salience of a public health issue, eliciting closely guarded information to move public opinion, and prompting legislative action. From tobacco to opioids, litigants have successfully turned to courts for monetary relief, to initiate systemic change, and to hold industry accountable For years, litigators have been trying to push firearm suits into their own litigation moment. But litigation against the gun industry (...) poses special challenges. Not only has the regulatory regime failed to prevent a public safety hazard, Congress has consistently underfunded and understaffed the relevant regulatory actors. And in 2005 it legislatively immunized the gun industry from suit with the Protection of Lawful Commerce in Arms Act. This paper surveys the field of litigation in response to gun violence, tracking the limited successes of victims and stakeholders suing the gun industry. We find that victories remain confined to individual actors and unlike high-impact public litigations in other areas, aggregate class actions and major public litigation led by state attorneys general are noticeably absent in the firearm context. (shrink)

The COVID-19 pandemic laid bare systemic inequities shaped by social determinants of health (SDoH). Public health agencies, legislators, health systems, and community organizations took notice, and there is currently unprecedented interest in identifying and implementing programs to address SDoH. This special issue focuses on the role of medical-legal partnerships (MLPs) in addressing SDoH and racial and social inequities, as well as the need to support these efforts with evidence-based research, data, and meaningful partnerships and funding.

Wie wichtig Natur für menschliches Glück ist, als Ort der Freude am Leben oder zumindest der Zuflucht, ist zuletzt vielen von uns aufgegangen. Trotzdem hat Landschaft bisher keine Lobby. Dieses unkonventionelle Buch tritt für die Schönheit der Natur ein. Es argumentiert gegen die Dominanz der anthropozentrisch-rechnenden Weltbemeisterung und für eine «ästhetische Ökozentrik». Unkonventionell ist das Buch aber auch deshalb, weil es die philosophische Arbeit an Begriff und Argument mit literarischen Passagen von grosser Leuchtkraft verbindet. Diese Passagen stammen aus Peter Kurzecks (...) Roman Vorabend. Alle fünf Kapitel : zum Leid der Igel, zur bedrohten Schönheit und Heiligkeit der Natur, zu ihrem Wert als Heimat und zu unserem besinnungslos zerstörerischen Konsum werden im Ausgang von einer solchen Passage entfaltet. Denn es braucht die Literatur in der Naturethik. (shrink)

Those who hold that all fundamental sparse properties have dispositional essences face a problem with structural (e.g. geometrical) properties. In this paper I consider a further route for the dispositional monist that is enabled by the requirement that physical theories should be background-free. If this requirement is respected then we can see how spatial displacement can be a causally active relation and hence may be understood dispositionally.

I present an argument that encapsulates the view that theory is underdetermined by evidence. I show that if we accept Williamson's equation of evidence and knowledge, then this argument is question-begging. I examine ways of defenders of underdetermination may avoid this criticism. I also relate this argument and my critique to van Fraassen's constructive empiricism.

We extend Gurevich-Harrington's Restricted Memory Determinacy Theorem), which served in their paper as a tool to give their celebrated “short proof” of Robin's decision method for S2S. We generalize the determinacy problem by attaching to the game two opposing strategies called restraints, and by asking “which player has a strategy which is a refinement of the restraint for the player and such that it wins the game against the restraint of the opponent?” We give a solution for the Determinacy with (...) Restraints Problem in the class of strategies with restricted memory for the GH games. The solution includes a criterion for the winning player and an explicit class of winning strategies. A determinacy result which includes similar information was first discovered by Büchi and Landweber and extended by Büchi . However, these pioneering works do not consider the determinacy with restraints. Also, the explicit presentation of winning strategies in these insightful papers does not emphasize their modular construction as do GH's and our proofs. In our view, this is a source of a difficulty in understanding these papers. Games with restraints and modular construction of winning strategies have applications to the semantics, development and verification of concurrent programs. A concurrent program can be viewed as a strategy in a certain game and a program specification can be regarded as a combination of a winning condition and restraints for the game , A. Yakhnis and V. Yakhnis ). The modularity of a winning strategyfor the game helps to generate a concurrent program from the strategy that satisfies the specification ). It turns out that such program specification requirements as mutual exclusion and an absence of a lockout or a deadlock are naturally represented as Büchi's or Gurevich-Harrington's winning conditions. The present paper can be read independently of the paper by Gurevich and Harrington. (shrink)

This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in (...) the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. (shrink)

It is argued that Weyl’s theory of gravitation and electricity came out of ‘mathematical justice’: out of the equal rights direction and length. Such mathematical justice was manifestly at work in the context of discovery, and is enough to derive all of source-free electromagnetism. Weyl’s repeated references to coordinates and gauge are taken to express equal treatment of direction and length.

Contemporary philosophy’s three main naturalisms are methodological, ontological and epistemological. Methodological naturalism states that the only authoritative standards are those of science. Ontological and epistemological naturalism respectively state that all entities and all valid methods of inquiry are in some sense natural. In philosophy of mathematics of the past few decades methodological naturalism has received the lion’s share of the attention, so we concentrate on this. Ontological and epistemological naturalism in the philosophy of mathematics are discussed more briefly in section (...) 6. (shrink)

Conventional understanding and research regarding prognostic understanding too often focuses on transmission of information. However, merely overcoming barriers to patient understanding may not be sufficient. In this article the authors provide a more nuanced understanding of prognostic awareness, using oncological care as an overarching example, and discuss factors that may lead to prognostic discordance between physicians and patients. We summarize the current literature and research and present a model developed by the authors to characterize barriers to prognostic awareness. Ultimately, multiple (...) influences on prognostic understanding may impede acceptance by patients even when adequate transfer of information takes place. Physicians should improve how they transmit prognostic information, as this information may be processed in different ways. A model of misunderstandings in awareness, ranging from patient understanding to patient belief, may be useful to guide future discussions. Future decision-making studies should consider these many variables so that interventions may be created to address all aspects of the prognostic disclosure process. (shrink)

This paper points out neglected considerations about the standing to blame. It starts from the observation that the standing to blame debate largely focusses on factors concerning the blamer or the relation of blamer and wrongdoer, mainly hypocrisy and meddling, while neglecting the victim of wrongdoing. This paper wants to set this right by pointing out how considerations about the victim can impact a third party’s standing. The first such consideration is the blamer’s personal relation to the victim. It is (...) argued that persons close to the victim thereby gain standing even in the presence of factors that would normally undermine it. Arguing from the well-known sexual assault case of Chanel Miller and the public reactions to it, the paper then introduces two more considerations about standing hitherto neglected. First, given that blame has an expressive function and serves to contradict expressive aspects of wrongdoings, it is argued that third-party blame can morally support the victim in the face of wrongdoing and that such support matters to victims. It is argued that this importance of third-party blame can ground standing. Thirdly and relatedly, the paper argues that insufficient collective responses to wrongdoing, i.e. when other bystanders do not respond with sufficient blaming responses, can equally ground standing of third parties. It is argued that these considerations are relevant not only for an ethics of blame broadly conceived but also for standing to blame in particular. Thereby, the paper establishes that considerations about the victim are central for discussion of the standing to blame. (shrink)

Social theory between progress and apocalypse -- Autonomy and domination: Weber's cage -- Barbarism and modernity: Eisenstadt's regret -- Integration and justice: Parsons' utopia -- Despising others: Simmel's stranger -- Meaning evil -- De-civilizing the civil sphere -- Psychotherapy as central institution -- The frictions of modernity and their possible repair.

Book Review: P.P. Tolochko. Ukraine between Russia and the West: Historical and Nonfiction Essays. Saint Petersburg: Saint Petersburg University of Humanities and Social Sciences, 2018. - 592 pp. ISBN 978-5-7621-0973-4This author discusses the problem of scientific objectivity and reviews a book written by the medievalist-historian P.P. Tolochko, full member of the National Academy of Sciences of Ukraine, honorable director of the NASU Institute of Archaeology. The book was published by the Saint Petersburg University of Humanities and Social Sciences in the (...) autumn of 2018. The book presents a collection of articles and reports devoted to processes in Ukraine and, first of all, in Ukrainian historical science, which, at the moment, is experiencing an era of serious reformation of its interpretative models. The author of the book shows that these models are being reformed to suit the requirements of the new ideology, with an obvious disregard for the conduct of objective scientific research. In this regard, the problem of objectivity of scientific research becomes the subject of this review because the requirement of objectivity can be viewed not only as a methodological requirement but also as a moral and political position, opposing the rigor of scientific research to the impact of ideological, political and moral systems and judgments. It is concluded that in this sense the position of P.P. Tolochko can be considered as the act of profound ethical choice. (shrink)

In the paper, a detailed analysis of some new logical aspects of Cantor’s diagonal proof of the uncountability of continuum is presented. For the first time, strict formal, axiomatic, and algorithmic definitions of the notions of potential and actual infinities are presented. It is shown that the actualization of infinite sets and sequences used in Cantor’s proof is a necessary, but hidden, condition of the proof. The explication of the necessary condition and its factual usage within the framework of Cantor’s (...) proof makes, Cantor’s proof invalid. It’s shown that traditional Cantor’s proof has a second necessary, but hidden as well, condition which is teleological by its nature, i.e., is not mathematical. The explication of the second necessary condition makes Cantor’s statement on the uncountability of continuum unprovable from the point of view of classical logic.One of the most dramatic facts in history of science is connected just with the notion of actual infinity and consists in the following. On the one hand, Aristotle, Berkeley, Locke, Descartes, Spinoza, Gauss, Kant, Cauchy, Kronecker, Hermite, Poincaré, Bair, Borel, Brouwer, Quine, Wittgenstein, Weyl, Luzin, and a lot of other outstanding creators of classical logic and classical mathematics, during millenniums, stated categorically and insistently warned about that the actual infinity is a self-contradictory notion and its usage in mathematics is inadmissible (e.g., according to Poincare, “There is no actual infinity. - Cantorians forgot that and fell into contradictions. Later generations will regard Mengenlehre (set theory) as a disease from which one has recovered”). On the other hand, a lot of outstanding scientists of the XX c.c., such as Hilbert, Church, Turing, Gödel, etc., and modern axiomatic set theory as a whole ignored this (intuitive though) opinion of genii and accepted Cantor’s “transfinite paradise”, based on the actual infinity. In the paper some logical, philosophical, and psychological aspects of this historical “favorable opposition” are analyzed, and the fact that the scientific intuition of genii has won the historical battle against the mytho-’logic’ of Cantor’s transfinite ‘paradise’ is explained and logically justified. (shrink)

We still ask the question ‘What is Enlightenment?’ Every generation seems to offer new and contradictory answers to the question. In the last thirty or so years, the most interesting characterisations of Enlightenment have been by historians. They have told us that there is one Enlightenment, that there are two Enlightenments, that there are many Enlightenments. This has thrown up a second question, ‘How Many Enlightenments?’ In the spirit of collaboration and criticism, I answer both questions by arguing in this (...) article that there are in fact three Enlightenments: Radical, Sceptical and Liberal. These are abstracted from the rival theories of Enlightenment found in the writings of the historians Jonathan Israel, John Robertson and J.G.A. Pocock. Each form of Enlightenment is political; each involves an attitude to history; each takes a view of religion. They are arranged in a sequence of increasing sensitivity to history, as it is this which makes it possible to relate them to each other and indeed propose a composite definition of Enlightenment. The argument should be of interest to anyone concerned with ‘the Enlightenment’ as a historical phenomenon or with ‘Enlightenment’ as a philosophical abstraction. (shrink)

This important philosophical reflection on love and sexuality from a broadly Christian perspective is aimed at philosophers, theologians, and educated Christian readers. Alexander R. Pruss focuses on foundational questions on the nature of romantic love and on controversial questions in sexual ethics on the basis of the fundamental idea that romantic love pursues union of two persons as one body. _One Body_ begins with an account, inspired by St. Thomas Aquinas, of the general nature of love as constituted by (...) components of goodwill, appreciation, and unitiveness. Different forms of love, such as parental, collegial, filial, friendly, fraternal, or romantic, Pruss argues, differ primarily not in terms of goodwill or appreciation but in terms of the kind of union that is sought. Pruss examines romantic love as distinguished from other kinds of love by a focus on a particular kind of union, a deep union as one body achieved through the joint biological striving of the sort involved in reproduction. Taking the account of the union that romantic love seeks as a foundation, the book considers the nature of marriage and applies its account to controversial ethical questions, such as the connection between love, sex, and commitment and the moral issues involving contraception, same-sex activity, and reproductive technology. With philosophical rigor and sophistication, Pruss provides carefully argued answers to controversial questions in Christian sexual ethics. "This is a terrific—really quite extraordinary—work of scholarship. It is quite simply the best work on Christian sexual ethics that I have seen. It will become the text that anyone who ventures into the field will have to grapple with—a kind of touchstone. Moreover, it is filled with arguments with which even secular writers on sexual morality will have to engage and come to terms." —_Robert P. George, Princeton University __ "_One Body_ is an excellent piece of philosophical-theological reflection on the nature of sexuality and marriage. This book has the potential to become a standard go-to text for professors and students working on sex ethics issues, whether in philosophy or theology, both for the richness of its arguments, and the scope of its coverage of cases. " — Christopher Tollefsen, University of South Carolina_ "Alexander Pruss here develops sound and humane answers to the whole range of main questions about human sexual and reproductive choices. His principal argument for the key answers is very different from the one I have articulated over the past fifteen years. But his argumentation is at every point attractively direct, careful, energetic in framing and responding to objections, and admirably attentive to realities and the human goods at stake." —_John Finnis, University of Oxford _. (shrink)

This volume contains essays by five British philosophers and one Swedish philosopher working in metaphysics and in particular metaphysics as it relates to the philosophy of science. These philosophers are the core of a tight network of European philosophers of science and metaphysicians and their essays have evolved as a result of workshops in Lund, Edinburgh, and Athens.

Plausibly, one important part of a good life is doing work that makes a contribution, or a positive difference to the world. In this paper, however, I explore contribution pessimism, the view that people will not always have adequate opportunities for making contributions. I distinguish between three interestingly different and at least initially plausible reasons why this view might be true: in slogan form, things might become too easy, they might become too good, or we might be too late. Now, (...) one response to these problems might be to deliberately attempt to undo them. However, I claim that this solution is intuitively misguided, and argue that explaining this supports a holistic approach to the value of contributions. Finally, I argue that if contribution pessimism is correct, it could provide an explanation of some widely held intuitions about issues in population ethics, with implications about the practical issue of how much priority we should give to addressing risks of human extinction. (shrink)

As the USA contends with another surge in COVID-19 cases, hospitals may soon need to answer the unresolved question of who lives and dies when ventilator demand exceeds supply. Although most triage policies in the USA have seemingly converged on the use of clinical need and benefit as primary criteria for prioritisation, significant differences exist between institutions in how to assign priority to patients with identical medical prognoses: the so-called ‘tie-breaker’ situations. In particular, one’s status as a frontline healthcare worker (...) (HCW) has been a proposed criterion for prioritisation in the event of a tie. This article outlines two major grounds for reconsidering HCW prioritisation. The first recognises trust as an indispensable element of clinical care and mistrust as a hindrance to any public health strategy against the virus, thus raising concerns about the outward appearance of favouritism. The second considers the ways in which proponents of HCW prioritisation deviate from the very ‘ethics frameworks’ that often preface triage policies and serve to guide resource allocation—a rhetorical strategy that may undermine the very ethical foundations on which triage policies stand. By appealing to trust and consistency, we re-examine existing arguments in favour of HCW prioritisation and provide a more tenable justification for adjudicating on tie-breaker events during crisis standards of care. (shrink)

S. 248-254: "Burckhardts Kulturkonstanten".

Professor Eckstein's book is a study of China's efforts to achieve rapid modernization of its economy within a socialist framework. Eckstein begins with an examination of economic development in pre-Communist China, specifically focusing on the resources and liabilities inherited by the new regime in 1949 and their effects on development policies. He then analyses the economic objectives of the Communist leadership - narrowing income disparities, maintaining full employment without inflation, and achieving rapid industrialization - and argues that the implementation of (...) these goals required a potent ideology capable of providing a strong faith and motivational force for the mass mobilization of resources. In discussing the methods used by the government to achieve its aims, Eckstein makes a thorough evaluation of China's general framework for economic planning, particularly in regard to the distribution and pricing of farm products and the allocation of resources in the industrial sector. The author also evaluates the radical institutional changes in property relations and in economic organization in the People's Republic of China. (shrink)

Thought experiments invite us to evaluate philosophical theses by making judgements about hypothetical cases. When the judgements and the theses conflict, it is often the latter that are rejected. But what is the nature of the judgements such that they are able to play this role? I answer this question by arguing that typical judgements about thought experiments are in fact judgements of normal counterfactual sufficiency. I begin by focusing on Anna-Sara Malmgren’s defence of the claim that typical judgements about (...) thought experiments are mere possibility judgements. This view is shown to fail for two closely related reasons: it cannot account for the incorrectness of certain misjudgements, and it cannot account for the inconsistency of certain pairs of conflicting judgements. This prompts a reconsideration of Timothy Williamson’s alternative proposal, according to which typical judgements about thought experiments are counterfactual in nature. I show that taking such judgements to concern what would normally hold in instances of the relevant hypothetical scenarios avoids the objections that have been pressed against this kind of view. I then consider some other potential objections, but argue that they provide no grounds for doubt. (shrink)

The question, how is profound intellectual disagreement possible, even when addressed toward the paradigmatically reasonable activity of scientific communication, has generated a number of puzzling responses. On a response attributed to Thomas S. Kuhn, some episodes in the history of science don't allow for meaningful disagreement. In such situations, the adversaries talk at cross purposes until one side is either "converted" or dies off. ;This skeptical prospect has also been considered by those who study the differences between natural languages, and (...) the misunderstandings which punctuate a child's first language acquisition. I investigate theories of concepts in search of one capable of illuminating the apparent gaps in communication between scientists, between speakers of different languages, and between infants and adults. I begin by showing that the antipsychologist efforts of post-Fregean philosophers of language, in particular those built on a causal theory of reference, fail to explain either how communication is possible when it is, or why it isn't otherwise. Nor does recourse to a principle of charity or humanity help them in this regard. I conclude that such attempts can't ground an account of communication. ;I argue that an account of concept learning drawn in part from recent work in developmental psychology can explain both the possibility of serious disagreement, as well as the possibility of overcoming it reasonably. I urge that the revival of psychologism in the philosophy of language follows. Semantic psychologism is semantics informed by empirical psychology, not by the phenomenology Frege attacked. I explore the consequences of this doctrine for the philosophy and history of science. These include a rejection of the common philosophical assumption that all meaningful communication can be reduced to a form of translation, and renewed emphasis on the importance of analogy in communication. ;Finally, I apply this new semantic psychologism toward the historical interpretation of science. If the program is right, it should provide insight into the communicative dimensions of important episodes in the history of science. While a full exploration of this historical method lies beyond the scope of my thesis, two preliminary case studies indicate its fruitfulness. (shrink)

Several proponents of the interventionist theory of causation have recently argued for a neo-Russellian account of causation. The paper discusses two strategies for interventionists to be neo-Russellians. Firstly, I argue that the open systems argument – the main argument for a neo-Russellian account advocated by interventionists – fails. Secondly, I explore and discuss an alternative for interventionists who wish to be neo-Russellians: the statistical mechanical account. Although the latter account is an attractive alternative, it is argued that interventionists are not (...) able to adopt it straightforwardly. Hence, to be neo-Russellians remains a challenge to interventionists. (shrink)

The paper argues that renormalization in quantum field theory was not a radically new - and possibly ad hoc - technique to save a badly flawed theory, but rather the culmination of a methodological strategy that physicists had been applying for a long time. The strategy was to obtain reliable results from unreliable theories by making the derivation of the results independent of possible future modifications of the theory. Examples of this practice include Bohr's use of the Correspondence Principle and (...) Heisenberg's S-matrix theory. (shrink)

A response to James S. Spiegel's article in THINK 43 in which he argues that same-sex marriage is unjust.