Background In Canadian jurisdictions without specific legislation pertaining to research consent, the onus is placed on researchers to determine whether a child is capable of independently consenting to participate in a research study. Little, however, is known about how child health researchers are approaching consent and capacity assessment in practice. The aim of this study was to explore and describe researchers' current practices. Methods The study used a qualitative descriptive design consisting of 14 face-to-face interviews with child health researchers and (...) research assistants in Southern Ontario. Transcribed interviews were analysed for common themes. Results Procedures for assessing capacity varied considerably from the use of age cutoffs to in-depth engagement with each child. Three key issues emerged from the accounts: (1) requirements that consent be provided by a single person thwarted researchers' abilities to support family decision-making; (2) little practical distinction was made between assessing if a child was capable, versus determining if study information had been adequately explained by the researcher; and (3) participants' perceived that review boards' requirements may conflict with what they considered ethical consent practices. Conclusion The results suggest that researchers' consent and capacity knowledge and skills vary considerably. Perceived discrepancies between ethical practice and ethics boards' requirements suggest the need for dialogue, education and possibly ethics board reforms. Furthermore we propose, where appropriate, a ‘family decision-making’ model that allows parents and their children to consent together, thereby shifting the focus from separate assent and consent procedures to approaches that appropriately engage the child and family. (shrink)

Variable responses to transcranial direct current stimulation protocols across individuals are widely reported, but the reasons behind this variation are unclear. This includes tDCS protocols meant to improve attention. Attentional control is impacted by top-down and bottom-up processes, and this relationship is affected by state characteristics such as anxiety. According to Attentional Control Theory, anxiety biases attention towards bottom-up and stimulus-driven processing. The goal of this study was to explore the extent to which differences in state anxiety and related measures (...) affect visual attention and category learning, both with and without the influence of tDCS. Using discovery learning, participants were trained to classify pictures of European streets into two categories while receiving 30 min of 2.0 mA anodal, cathodal, or sham tDCS over the rVLPFC. The pictures were classifiable according to two separate rules, one stimulus and one hypothesis-driven. The Remote Associates Test, Profile of Mood States, and Attention Networks Task were used to understand the effects of individual differences at baseline on subsequent tDCS-mediated learning. Multinomial logistic regression was fit to predict rule learning based on the baseline measures, with subjects classified according to whether they used the stimulus-driven or hypothesis-driven rule to classify the pictures. The overall model showed a classification accuracy of 74.1%. The type of tDCS stimulation applied, attentional orienting score, and self-reported mood were significant predictors of different categories of rule learning. These results indicate that anxiety can influence the quality of subjects’ attention at the onset of the task and that these attentional differences can influence tDCS-mediated category learning during the rapid assessment of visual scenes. These findings have implications for understanding the complex interactions that give rise to the variability in response to tDCS. (shrink)

Kögel et al propose a multicriteria alternative to the standard early clinical selection method for xenotransplantation trials. As they note, existing recommendations for inclusion criteria indicate that only the most seriously ill—those lacking any viable alternative—should be considered for xenotransplantation. Rather than basing selection on, to put it indelicately, a Hail Mary in the face of certain death, Kögel et al recommend a selection system based on four ethical criteria: medical need, capacity to benefit, patient choice and compliance (the latter (...) being an exclusion criterion). Taken together, they paint a picture of an ethically ideal first-in-human xenotransplantation clinical trial participant: someone ‘in need of a heart replacement with a good capacity to benefit from a xenotransplantation who [has] a choice in terms of alternative potentially life-sustaining treatment options.’1 In other words, they argue that potential xenotransplantation organ recipients (they specify heart, but said criteria would apply to any vital organ recipient) should not be facing their imminent demise as this would inherently constrain that person’s freedom of choice, thus rendering them vulnerable. Instead, Kögel et al argue that trial participants should be selected from groups possessing genuine alternatives to xenotransplantation but opt to receive an animal organ. Now, their concern regarding the presence of coercion in the context of what is an experimental medical intervention is fully justified, as is their claim that those facing limited viable choices at the end of their lives are an inherently vulnerable population. Autonomy and consent are largely uncontroversial bedrocks on which most medical and research ethics theories are built. We are, all of us, familiar with the horrors from history—both distant and recent—where participant consent has taken …. (shrink)

In her paper, Robinson asserts that if one is convinced by the arguments assigning personhood according to a threshold criterion, one should also be open to the potential for a secondary personhood threshold, satisfied when one is pregnant, which confers temporary enhanced moral status. Rather than grounding such a claim on a fetus’s possession, or lack thereof, of personhood, Robinson argues that the pregnant person’s status as a ‘unique being’ is enough to satisfy the requirements of such an additional personhood (...) classification. 1 She justifies her claim via three arguments: (1) that the pregnant person is, in fact, more than a singular individual; (2) that pregnant people play a critical role in the human race’s continuation and (3) that the significant harms and burdens to which pregnant people have been exposed to historically and contemporary requires counterbalancing with enhanced protections. Unfortunately, despite Robinson’s best efforts, she does not... (shrink)

Rodger et al argue for the disenhancement of animals intended for xenotransplantation; that is, the transference of tissues or organs from one species to another. The crux of their claim is that the conditions necessary to facilitate xenotransplantation will be hostile to those subjected to them. Thus, to minimise the suffering of living under such conditions, ‘ethically defensible xenotransplantation should entail the use of genetic disenhancement if it becomes possible to do so and if that pain and suffering cannot be (...) eliminated by other means.’1 In other words, if we can eliminate or meaningfully reduce the suffering of animals destined for xenotransplantation by obliterating their experiential capacity and lacking a less contentious method to achieve the same result, we should do so. When isolated, this argument is compelling. Suffering is terrible and should be avoided. Additionally, when we have the option to reduce another’s suffering—be that human, animal or otherwise—there are strong prima facie arguments that we should do so. This point is reinforced when we collectively are responsible for that suffering, as would be the case with xenotransplantation, and it is true regardless of how justified we are in causing that suffering. Thus, on the restrictive terms of Rodger et al ’s argument, I agree with them. We should eliminate, or if not possible, reduce, suffering wherever we can, and this applies to animals too. Having said that, when situated in the xenotransplantation context, issues with their proposal …. (shrink)

The use of smart mouthguards in contact sports like rugby aims to enhance player safety by providing real-time data on head impacts. These devices, equipped with sensors, measure collision force and frequency, potentially identifying concussions that might go unnoticed during gameplay. The idea is that such enhanced monitoring will enable teams, physicians and other stakeholders to better protect players from the effects of on-pitch injury through immediate detection of head trauma and the long-term provision of player data. While we welcome (...) the move towards a better understanding of the potential harm that contact sports athletes may experience, introducing a new avenue through which information about player performance and health can be collected brings several areas of ethical concern absent from traditional mouthguards. In this paper, we consider four noteworthy areas: device and data efficacy, player choice, the inherent issues of such data’s existence and the harmful consequences of this data’s usage and exposure. We argue that failing to identify and address the risks associated with smart mouthguards’ employment in the elite sporting sphere not only risks the mistreatment and misapplication of player data but may also jeopardise the acceptability of a novel health monitoring method that has the potential to prevent long-term debilitating diseases. (shrink)

Interventions are medically necessary when they are vital in achieving the goal of medicine. However, with varying perspectives comes varying views on what interventions are (un)necessary and, thus, what potential treatment options are available for those suffering from the myriad of conditions, pathologies and disorders afflicting humanity. Medical necessity's teleological nature is perhaps best illustrated in cases where there is debate over using contentious medical interventions as a last resort. For example, whether it is appropriate for those suffering from body (...) integrity dysphoria to receive healthy limb amputations. This paper explores how one's perception of medicine's goal underpins whether interventions are necessary or unnecessary, using the controversial topic of therapeutic amputation as an example. By contrasting ‘classical’ amputations with their more contentious counterparts, it highlights how the idea of medical necessity influences and restrains clinical decision-making. The paper starts by giving an account of body integrity dysphoria, focusing on the debate concerning elective amputation's justifiability. It then introduces Georges Canguilhem's vitalist theory of health, paying particular attention to his emphasis on adaptability. Then, this paper uses his theory as a lens through which to evaluate the appropriateness of therapeutic amputation as a medically necessary procedure. Ultimately, the paper highlights how the label of medical necessity is withheld from potential therapeutic interventions because they fail to conform to pre-established ideas of medicine's purpose and that by doing so, potential harm befalls those who are left with no effective treatments and must look for solutions in the non-clinical world. (shrink)

Perspectives on Quine, now available in paperback, is a collection of twenty-one new essays dealing with the thought of America's most distinguished living philosopher, Willard Van Orman Quine. After the editors' brief introduction to Quine's thought, the volume opens with an important new essay by Quine entitled Three Indeterminacies. The essays that follow, written by leading philosophers, are rich with insights into a wide variety of Quine's concerns ranging from logic and set theory to natural language, truth, evidence, natural kinds, (...) naturalized epistemology, and much more. Each essay concludes with a summary and response from Quine himself. (shrink)

As biological organisms, we age and, eventually, die. However, age’s deteriorating effects may not be universal. Some theoretical entities, due to their synthetic composition, could exist independently from aging—artificial general intelligence (AGI). With adequate resource access, an AGI could theoretically be ageless and would be, in some sense, immortal. Yet, this need not be inevitable. Designers could imbue AGIs with artificial mortality via an internal shut-off point. The question, though, is, should they? Should researchers curtail an AGI’s potentially endless lifespan (...) by deliberately making it mortal? It is this question that this article explores. First, it considers what type of AGI is under discussion before outlining how such beings could be ageless. Then, after clarifying the type of immortality under discussion and arguing that imbuing an AGI with synthetic aging would be person-affecting, the article explores four core conundrums: (i) deliberately causing a morally significant being’s death; (ii) immortality’s associated harms; (iii) concerns about immortality’s unequal assignment; and (iv) the danger of immortal AGI overlords. The article concludes that while prudence requires we create an aging AGI, in the face of the material harm such an action would constitute, this is an insufficient reason to justify doing so. (shrink)

Describing someone as disabled means evaluating their relationship with their environment, body, and self. Such descriptions pivot on the person’s perceived limitations due to their atypical embodiment. However, impairments are not inherently pathological, nor are disabilities necessarily deviations from biological normality, a discrepancy often articulated in science fiction via the presentation of radically altered environments. In such settings, non-impaired individuals can be shown to be unsuited to the world they find themselves in. One prime example of this comes courtesy of (...) H. G. Wells’s “The Country of the Blind.” This paper demonstrates science fiction’s capacity to decouple disability’s normative quality from classical medical models stemming from the medical Enlightenment movement by challenging the idea of the biologically normal. It first provides a brief account of disability before exploring the concept of medical normality. It then problematizes the biologically consistent being, arguing that health is only understandable when environmentally situated. Next, the paper provides an overview of “The Country of the Blind” before analyzing how it challenges the idea of biological normality, framing it as a social product rather than a universal constant. Finally, the paper concludes that science fiction narratives effectively interrogate our world’s seemingly consistent trends by envisioning (un)desirable alternatives. (shrink)

In her controversial paper, Anna Smajdor proposes that brain-dead people could be used as gestation units for prospective parents unable or unwilling to undertake the act themselves—what she terms whole body gestational donation (WBGD). She explores the ethical issues of such an idea and, comparing it with traditional organ donation, asserts that such deceased surrogacy could be a way of outsourcing pregnancy’s harms to a populace unable to be affected by them. She argues that if the prospect is unacceptable, this (...) may reveal some underlying problems with traditional cadaveric organ donation. Smajdor’s analysis, however, overlooks several problems arising from WBGD. This paper provides an account of those issues and argues that, in addition to WBGD being viscerally unpleasant, it is also ethically unviable. The paper starts by providing an account of WBGD before acknowledging its negative response within traditional and social media. After arguing that such cursory and gut reactions are insufficient to reject the proposal outright, this paper then provides three concerns regarding WBGD omitted by Smajdor: (i) the co-opting of life-saving organs for reproduction, (ii) the discrepancy between using cadaveric organs to save a life versus creating one, and (iii) the universalization of feminist concerns regarding reproductive body commodification. The paper concludes by tentatively agreeing with Smajdor that considering WBGD may help reveal vulnerable assumptions regarding organ donation and surrogacy, but that the significant ethical issues raised may prove insurmountable and make the intervention—thought experiment or otherwise—untenable. (shrink)

Cryopreservation presents the possibility of circumventing irreversible death through the body’s extreme cooling. Once cooled, this ‘cryon’ is then stored at sub-zero temperatures until medical kno...

While it is acknowledged that there is a need for more qualitative research on suicide, it is also clear that the ethics of undertaking such research need to be addressed. This article uses the case study of the authors’ experience of gaining ethics approval for a research project that asks people what it is like to feel suicidal to (a) analyse the limits of confidentiality and anonymity and (b) consider the ways in which the process of ethics review can shape (...) and constrain suicide research. This leads to a discussion of the ways in which ethics committees assess and monitor qualitative research more generally and some preliminary suggestions for how this might be improved. (shrink)

Xenotransplantation has the potential to alter the U.S. transplant system in profound ways. However, this emerging “spare parts” solution spearheaded by biotechnology companies raises concerns about its impact on the organ shortage, healthcare systems, population health, and health inequalities. We contend that xenotransplantation may have limited benefits in improving health, could prove prohibitively expensive for many, and may divert resources away from proven public health measures. Additionally, it carries the risk of perpetuating stigma. Xenotransplantation may thereby exacerbate existing healthcare inequities (...) across racial, ethnic, socio‐economic, and geographic lines. To mitigate these risks, we contend that public health expert input is integral for xenotransplant policy development and outreach and that this underscores the importance of federal government investment in transplant infrastructure. (shrink)

Measuring neuronal activity with electrophysiological methods may be useful in detecting neurological dysfunctions, such as mild traumatic brain injury (mTBI). This approach may be particularly valuable for rapid detection in at-risk populations including military service members and athletes. Electrophysiological methods, such as quantitative electroencephalography (qEEG) and recording event-related potentials (ERPs) may be promising; however, the field is nascent and significant controversy exists on the efficacy and accuracy of the approaches as diagnostic tools. For example, the specific measures derived from an (...) electroencephalogram (EEG) that are most suitable as markers of dysfunction have not been clearly established. A study was conducted to summarize and evaluate the statistical rigor of evidence on the overall utility of qEEG as an mTBI detection tool. The analysis evaluated qEEG measures/parameters that may be most suitable as fieldable diagnostic tools, identified other types of EEG measures and analysis methods of promise, recommended specific measures and analysis methods for further development as mTBI detection tools, identified research gaps in the field, and recommended future research and development thrust areas. The qEEG study group formed the following conclusions: 1. Individual qEEG measures provide limited diagnostic utility for mTBI. However, many measures can be important features of qEEG discriminant functions, which do show significant promise as mTBI detection tools. 2. ERPs offer utility in mTBI detection. In fact, evidence indicates that ERPs can identify abnormalities in cases where EEGs alone are nondisclosing. 3. The standard mathematical procedures used in the characterization of mTBI EEGs should be expanded to incorporate newer methods of analysis including nonlinear dynamical analysis, complexity measures, analysis of causal interactions, graph theory and information dynamics. 4. and 5. are too long to include here. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Business for the Common Good: A Christian Vision for the Marketplace by Kenman L. Wong and Scott B. Rae, and: Market Complicity and Christian Ethics by Albino BarreraAnn GibsonBusiness for the Common Good: A Christian Vision for the Marketplace Kenman L. Wong and Scott B. Rae Downers Grove, Ill.: InterVarsity Press, 2011. 285 pp. $24.00Market Complicity and Christian Ethics Albino Barrera New York: Cambridge University Press, 2011. 312 (...) pp. $91.00At first glance, Business for the Common Good and Market Complicity and Christian Ethics appear to be similar. Their respective authors seek to address the relationship of business and ethics—two words many readers have a difficult time putting into the same sentence, let alone into the same philosophical discussion. Both books are part of a publisher’s series: the first is part of InterVarsity’s Christian Worldview Integration series and the second is part of Cambridge University Press’s New Studies in Christian Ethics series. Nonetheless, their purposes and approaches to the subject of business ethics are quite different. Kenman Wong and Scott Rae address whether it is possible for a person to be in business for any purpose other than earning profits (28); Albino Barrera addresses whether we are morally responsible for the unintended consequences of our market transactions and, if so, to what extent would or could this be true (3).Wong and Rae lay the foundation for their argument that working in business is a calling and service to God by discussing the role of work in God’s original plan for humankind. They then contend that the biblically inspired qualities [End Page 208] of service, trust, and perseverance can be developed and nurtured in one’s business practices (114). Recognizing that business also reflects the consequences of sin—with its focus on wealth, success, and ambition (115)—they recommend that business persons cultivate spiritual disciplines such as remembering the Sabbath, considering the use of time from God’s perspective, and learning to see one’s work as a gift from God rather than as wearisome toil. They remind the reader of the following: God is the ultimate owner of all our material possessions (123); we are wise when we hold our wealth and possessions loosely (124); and the Bible measures success by the excellence with which we work (as a human reflection of God’s excellence) and by our faithfulness in pursuing this goal of excellence (133, 134).Although Wong and Rae sought to write a philosophy or theology of business (37), the book they wrote is practical; it does not have much theory and its theological assumptions are not fully explicated. Rather, it provides helpful suggestions for addressing problematic tensions in business—such as management and power, marketing and manipulation, and globalization and economic inequity. The authors remind the reader that God calls for justice and commands us to love our neighbor. In this light, they call business persons to reen-vision their work as an opportunity for serving God and neighbor. In their discussion of ethics in business they unequivocally state that “God requires integrity in the workplace not because it’s profitable but because it’s right and honors him” (188). Although they use footnotes, Wong and Rae write in a conversational style and sometimes use personal examples and stories to illustrate their points. The book contains only a scripture index, and it does not include a bibliography.In contrast, Barrera writes in a tight, logical, highly readable style; he uses extensive footnotes and provides an excellent bibliography. Drawing on concepts from tort law, economics, social philosophy, and theology, he argues for the necessity of considering the unintended consequences of our market activities. Such consideration is required because “we are the generation that ushered in the post-industrial era” with its economic reality of globalization, which both “creates new and more demanding economic obligations even as it greatly expands the occasion for our complicity in or indifference to one another’s economic misconduct” (3).Barrera’s study opens with a theory section that discusses problems in business ethics—accumulative harms, overdetermination, and interdependence—even as it seeks to answer three questions: who is complicit, why... (shrink)

This work explores an aspect of Yeats's writing largely ignored until now: namely, his wide-ranging absorption in S.T. Coleridge. Gibson explores the consistent and densely woven allusions to Coleridge in Yeats's prose and poetry, often in conjunction with other Romantic figures, arguing that the earlier poet provided him with both a model of philosopher - 'the sage' - and an interpretation of metaphysical ideas which were to have a resounding effect on his later poetry, and upon his rewriting of (...) A Vision. (shrink)

: According to a consensus of psycho-physiological and philosophical theories, color sensations (or qualia) are generated in a cerebral "space" fed from photon-photoreceptor interaction (producing "metamers") in the retina of the eye. The resulting "space" has three dimensions: hue (or chroma), saturation (or "purity"), and brightness (lightness, value or intensity) and (in some versions) is further structured by primitive or landmark "colors"—usually four, or six (when white and black are added to red, yellow, green and blue). It has also been (...) proposed that there are eleven semantic universals—labeling the previous six plus the "intermediaries" of orange, pink, brown, purple, and gray. There are many versions of this consensus, but they all aim to provide ontological, epistemological and semantic blueprints for the brute fact of the reality of color ordained by Nature (evolution). In contrast to this consensus, we have argued that "seeing color" is not a matter of light waves impacting on our eyes, producing sensations to be categorized and labeled in the "color space" in the brain. While electrochemical events may unproblematically be regarded as the causal precondition for seeing color, the reception of sensations in "the color space" as semantically labeled natural categories, kinds, or information, is a "just so" story: it is Wittgenstein's beetle in a box. In contrast we consider that the authority of this consensus might better be regarded not as the result of the truth-tracking of nature, but as the sociohistorical outcome of philosophical presuppositions, scientific theories, experimental practices, technological apparatus, and their feed forward into the lifeworld. The question we shall therefore explore is whether, or to what extent, we ourselves are changed, as the conditions of production of color science change. Thus we are doing a kind of anthropology at two levels: of color science itself (and its effect on our own lifeworld), and of those studied by the "anthropology of color". As befits this stance we are agnostic about the theoretical entities of color science (cf. van Fraassen 2001), and within this new context, we propose to cross-cut object-and-subject, organism-and-environment (the bedrock of color science) in socio-historical ways. Our approach is in part inspired by, but not the same as, that of Gibson, in that we wish to pursue the notion of "social affordances" (Burmudez 1995). We suggest that color has become a naturalization through science-based technologies, which, through praxes and materializations, have become the perceptual and cultural entities that structure experience and understanding in the lifeworld. It is this naturalization that we shall refer to and characterize as "the historically inflected exosomatic organ". Consequently we shall explore the historical ontology of "color" without assuming an underlying biological constant (Dupré 2001). In part 1 we show the flimsiness of the evidence for the three dimensions of color, borrowed from physics, and fine-tuned to a "standard observer" (a "spectral creature" with a phenomenal "color space"). In part 2 we address the structuring of hue through the development of color circles and color spaces. This is followed by a review of the evidence for unique hues. Again the evidence is shown to be flimsy. We then show that an isolated domain of color is a particular kind of model, not a "natural given". In part 3, after reviewing what is referred to as "the isomorphy thesis," we discuss the exemplary case study of Berlin and Kay (1969). This illustrates the pull of stadial models presupposed by their evolutionary theory of color language. The Berlin and Kay paradigm proposes that American English color terms are incorrigible and can provide the universal metalanguage. We conclude by presenting an alternative account, namely that we ourselves are changed as the conditions of production of color science change. We argue that it is better to regard "seeing-color" as a historically inflected exosomatic organ that provides social affordances for those trained to grasp them. (shrink)

This is a confusing attempt to reconcile realist philosophy with an aesthetic stand. The book includes a discussion of the contributions of artists, philosophers, and critics to the formulation of an aesthetic viewpoint; a brief history of idealistic aesthetic theory embodied in the ideas of Kant, Hegel, Croce, and Tolstoy; a definition and defense of "excellence" as the criterion in the evaluation of art; and a justification for the continued inclusion of aesthetics as a philosophical endeavor. Realists, with their emphasis (...) on the scientific approach, verification, and measurement have always had a certain amount of understandable trouble with the arts, a field known for its fluidity and willful perversity regarding attempts to establish permanent, stable criteria of evaluation. Gibson draws heavily on Wittgenstein's idea of "family resemblances" and Weitz's application of that idea to art. In doing so, however, he ignores Weitz's warning that since art has no set of necessary properties and since, therefore, it is impossible to formulate theoretical definitions of it, aestheticians might better spend their time on other issues. Gibson builds his case around a family resemblance of various, so-called permanent excellences such as "significant form," "expressiveness," and "communicative efficacy" which, he insists, just happen to converge together in "great" works of art. With this statement, as well as others concerning the effect great art must produce in the beholder, Gibson has returned to the idea of an Absolute definition which, though pluralistic in scope, is still as rigid, exclusive, and closed a concept as the ones he denounces, despite his statements of "proof" to the contrary. Mention should also be made of the weakness of the overall structure of the book. Ideas and explanations become confusing when they are dropped in driblets throughout diverse chapters. This book adds nothing to the ideas of Wittgenstein or Weitz while, at the same time, detracting considerably from the clarity and logic of their concepts.--B. T. (shrink)

The United States Supreme Court's decision in Bell Atlantic Corp. v. Twombly is creating quite a stir. Suddenly gone is the famous loosey-goosey rule of Conley v. Gibson that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.Now a complaint must provide enough facts to state a claim to relief that is (...) plausible on its face. Only decided last May, Bell Atlantic has been cited in over 3,700 cases. Already being described as a landmark decision, Bell Atlantic nonetheless has lawyers and judges scratching their heads over the precise pleading standard to apply in its wake. As the Second Circuit (mildly) put it, Considerable uncertainty concerning the standard for assessing the adequacy of pleadings has recently been created by the Supreme Court's decision in Bell Atlantic Corp. v. Twombly. Just what is a plausible showing that the pleader is entitled to relief under Rule 8(a)(2)?I believe an answer lies in the 26-year-old decision of the Former Fifth Circuit in In re Plywood Antitrust Litigation. Plywood Antitrust requires, at a minimum, that a complaint . . . contain either direct or inferential allegations respecting all the material elements necessary to sustain a recovery under some viable legal theory. Already used in more than half the circuits, this standard paraphrases advice found in the venerable WRIGHT & MILLER for nearly 40 years.Properly applied, this all . . . material elements standard satisfies Bell Atlantic's plausibility requirement in all respects. The Plywood Antitrust pleading standard works well after Bell Atlantic, first, because the Supreme Court referred to the standard, albeit parenthetically, with approval in Bell Atlantic. Second, it does much to harmonize the Federal Rules' goal of dispensing with pleading technicalities while still requiring enough general factual information about a pleader's claim to make the notice in notice pleading meaningful. Finally, and perhaps most importantly, it gives lawyers, litigants, and courts a standard they can actually use when drafting, or assessing the sufficiency of, pleadings. (shrink)

Unlike most other sciences, psychology has no true core theory to guide a coherent research programme. It does have James J Gibson’s ecological approach to visual perception, however, which we suggest should serve as an example of the benefits a good theory brings to psychological research. Here we focus on an example of how the ecological approach has served as a guide to discovery, shaping and constraining a recent hypothesis about how humans perform coordinated rhythmic movements (Bingham 2004a, b). (...) Early experiments on this task were framed in a dynamic pattern approach. This phenomenological, behavioural framework (e.g. Jeka & Kelso 1989) classifies the behaviour of complex action systems in terms of the key order parameters, and describes the dynamical stability of the system as it responds to perturbations. Dynamical systems, however, while a valuable toolkit, is not a theory of behaviour, and this style of research is unable to successfully predict data it is not explicitly designed to fit. More recent work by Bingham & colleagues has used dynamical systems to formalise hypotheses derived from Gibson’s ecological approach to perception and action, with a particular emphasis on perceptual information. The resulting model (Bingham 2001, 2004a, b; Snapp-Childs et al. 2011) has had great success with both the phenomena it was designed to explain as well as a wide range of empirical results from a version of the task it is not specifically designed to explain (specifically, learning a novel coordination). This model and the research programme that produced it stand as an example of the value of theory driven research, and we use it to illustrate the contemporary importance the ecological approach has for psychology. (shrink)

As I had rejected en bloc references to Bacchanalia as indications of date, it was a mere chance which led me, after the above had left my hands, to look up Cas. 980 ‘ nunc Bacchae nullae ludunt,’ quoted in Schanz, R. Lit.3, p. 78. As this affords an excellent opportunity of testing my conclusions, perhaps a word or two will not be out of place.