This study explored the relation between state medical liability reform measures, hospital malpractice costs, and hospital solvency. It suggests that state malpractice caps are desirable but not essential for improved hospital financial solvency or viability.

In this revised edition of his 1979 classic Political Theory and International Relations, Charles Beitz rejects two highly influential conceptions of international theory as empirically inaccurate and theoretically misleading. In one, international relations is a Hobbesian state of nature in which moral judgments are entirely inappropriate, and in the other, states are analogous to persons in domestic society in having rights of autonomy that insulate them from external moral assessment and political interference. Beitz postulates that a theory of international (...) politics should include a revised principle of state autonomy based on the justice of a state’s domestic institutions, and a principle of international distributive justice to establish a fair division of resources and wealth among persons situated in diverse national societies. (shrink)

The collapse of historicism was not merely the demise of an academic tradition but signified a shift in the understanding of hermeneutics and metaphysics. Whereas earlier books have explored the rise and dominance of historicism within academic history, this is the first to trace its collapse and to show how it was shaped by larger philosophical and scientific concerns. Charles R. Bambach's lucid account of the demise of historicism within the context of German metaphysics provides a rich new perspective (...) on the development of the young Heidegger's concept of "historicity" and on the origins of postmodern thought. Bambach reconstructs the methodological debates arising from a pervasive sense of crisis among German philosophers in the late nineteenth century. He details the divergent attempts by the Neo-Kantians, Nietzsche, and Dilthey to overcome the limitations of historical relativism. Heidegger's view of "historicity," Bambach shows, radically transforms the problematic of historicism into a discourse concerning the crisis of philosophical modernity. (shrink)

Human rights have become one of the most important moral concepts in global political life over the last 60 years. Charles Beitz, one of the world's leading philosophers, offers a compelling new examination of the idea of a human right.

Professor Flathman's main aim in this interesting paper is to set forth what we might call the “moderation thesis.” It holds that there may be occasions when the best thing to do, all things considered, is to violate a right – at least if the violation takes the form of what Flathman calls “civil encroachment” or “civil non-enforcement.” Moreover, it would be desirable, in a society whose practices include rights, for this belief to be generally accepted, so that those who (...) engaged with good reason in “civil encroachment” would receive the sympathetic support of the community. Let me begin by trying to explain the source of the problem to which this thesis is a response. As Flathman notes, rights have a discretionary character: if I have a right to do or to have something, it is up to me whether to do it or to have it. Having a right, I am entitled to make a choice. Since we cannot say, in advance, what choice I will make, we cannot say, in advance, what will be the state of the world after I make it. But since it seems plain that some states of the world are more desirable than others, it will always be possible that the consequences of my choice will be worse, on the whole, than the consequences of some other choice that I might have made but did not. To moderate rights is apparently to act in ways that redress or compensate for the undesirable results of their exercise. (shrink)

This paper details efforts by the Purdue School of Engineering and Technology at Indiana University Purdue University Indianapolis to create a single instrument for honors science, technology, engineering and mathematics students wishing to demonstrate competence in the IUPUI Principles of Undergraduate Learning and Accreditation Board for Engineering and Technology Engineering Accreditation Criterion and Technology Accreditation Criterion 2, a through k. Honors courses in Human Behavior, Ethical Decision-Making, Applied Leadership, International Issues and Leadership Theories and Processes were created along with a (...) specific menu of activities and an assessment rubric based on PUL’s and ABET criteria to evaluate student performance in the aforementioned courses. Students who complete the series of 18 Honors Credit hours are eligible for an Honors Certificate in Leadership Studies from the Department of Organizational Leadership and Supervision. Finally, an accounting of how various university assessment criteria, in this case the IUPUI Principles of Undergraduate Learning, can be linked to ABET outcomes and prove student competence in both, using the aforementioned courses, menu of items, and assessment rubrics; these will be analyzed and discussed. (shrink)

Contemporary approaches to the science of communication and control show some striking conceptual parallels with traditional aristotelian-Thomistic thought and suggest the major themes treated in this study: (a) the intellectual validity and necessity of non-Empirical models of the universe, (b) the clarification of traditional concepts of "form" and "in-Form-Ation" brought by communications theory, (c) the relation of form to the sensible and intelligible "species", (d) possible modes of persistence of the individual human "psyche" as an integral information pattern unified in (...) a systemic whole by the "selfness" manifest in human consciousness. The concepts of "system" and "information" are employed to analyze formal hierarchical relations and evolutionary processes in terms of structural and functional complexity, Perception, Self-Regulation, And consciousness. (shrink)

Part of our fascination with the Maya can be attributed to the fact that they were literate . . . that is, the Classic Maya possessed a visible language that consisted of letters and a grammar, and one of the products of their literacy was the book. (Aveni 1992b, p.3).

Beatrice Han argues that the theories of subjection (determinism: structure) and subjectivation (freedom: agency) are the “the blind spot of Foucault's work:” to the very end of his life, in being transcendental and historical theories, respectively, they were in irresolvable conflict. In part I, I have argued that Foucault encourages us to situate the theories of the subject in an un-thematized reach for a metaphysics of realism which, in effect, was to ground his uncertain complementary reach for a naturalist conduct (...) of research. In part II I also argue that it is this fundamental feature of Foucault's Foucault that drives his returns to Kant, the purpose of which is to resolve the conflicting theories of the subject, and thus to solve his Giddensian problem of structure and creativity. Locating the returns and their purpose in my context of Science for Humanism and the recovery of human agency, I ultimately argue that Foucault's two special returns to Kant in order to solve his structure/agency problem led to two unfortunate solutions. The resort to Baudelair's aesthetic subject is a failed solution in so far as it regresses to being a pre-noumenal conception of the subject. The subsequent mere reinstatement of Kant's subject as causally empowered, minus the noumenalism, is nothing more than a reclamation of Kant's conception. Only the reconstruction of Foucault's realism permits us to assert that he could have moved beyond the reclamation of human agency to its recovery. (shrink)

The American Catholic Church has attempted to apply and extend the social teachings of the Universal Church in light of American conditions and political culture, most recently in the 1986 Pastoral Letter on Catholic Social Teaching and the U.S. Economy, promulgated after six: years of analysis, debate, and amendment. Moving from an emphasis on government responsibilities for economic well-being and social welfare to a family-centered social vision stressing mediating groups and voluntary service, the American Church asserted a perennial social doctrine (...) reaffirmed and extended in Pope John Paul II's Centesimus Annus. The latter calls on a century of experience that has demonstrated the failures of the bureaucratic state and "real socialism," the utility of a market economy in allocating resources efficiently, and the shift from a land-based social economy to one founded on knowledge and skill. (shrink)

The myth of the homeland -- The Nietzschean self-assertion of the German University -- The geo-politics of Heidegger's Mitteleuropa -- Heidegger's Greeks and the myth of autochthony -- Heidegger's "Nietzsche".

This case is another in a series intended to highlight the new questions emerging from advances in mapping the human genome and the application of genetic findings to clinical practice. The National Human Genome Research Institute, a component of the National Institutes of Health, by law is directed to designate a portion of its annual budget to furthering understanding of the ethical, legal, and social questions emerging from research on the human genome. As part of the effort, the Institute supports (...) research by scientists and scholars around the nation with the aim of clarifying and resolving the tough ethical and research choices facing this endeavor. But recently it has launched an intramural program, which is expected to take a catalytic role in grappling with the array of issues the researchers face in carrying out investigations in human genetics. (shrink)

These essays supply a theoretical grounding for the reading of novels, poems, and plays and reveal how the Voegelinian perspective exposes the existential and philosophical dimensions of the literary works themselves.

l. There is an antinomy in Hare's thought between Ought-Implies-Can and No-Indicatives-from-Imperatives. It cannot be resolved by drawing a distinction between implication and entailment. 2. Luther resolved this antinomy in the l6th century, but to understand his solution, we need to understand his problem. He thought the necessity of Divine foreknowledge removed contingency from human acts, thus making it impossible for sinners to do otherwise than sin. 3. Erasmus objected (on behalf of Free Will) that this violates Ought-Implies-Can which he (...) supported with Hare-style ordinary language arguments. 4. Luther a) pointed out the antinomy and b) resolved it by undermining the prescriptivist arguments for Ought-Implies-Can. 5. We can reinforce Luther's argument with an example due to David Lewis. 6. Whatever its merits as a moral principle, Ought-Implies-Can is not a logical truth and should not be included in deontic logics. Most deontic logics, and maybe the discipline itself, should therefore be abandoned. 7. Could it be that Ought-Conversationally-Implies-Can? Yes - in some contexts. But a) even if these contexts are central to the evolution of Ought, the implication is not built into the semantics of the word; b) nor is the parallel implication built into the semantics of orders; and c) in some cases Ought conversationally implies Can, only because Ought-Implies-Can is a background moral belief. d) Points a) and b) suggest a criticism of prescriptivism - that Oughts do not entail imperatives but that the relation is one of conversational implicature. 8. If Ought-Implies-Can is treated as a moral principle, Erasmus' argument for Free Will can be revived (given his Christian assumptions). But it does not 'prove' Pelagianism as Luther supposed. A semi-Pelagian alternative is available. (shrink)

Paper presented to the Twenty-seventh Hume Society Conference, 26 July 2000, Williamsburg, Virginia. -/- At the time I thought there was a stronger link between Maclaurin and Hume, but in discussions at and after the meeting, decided Hume was not taking his mechanics out of Maclaurin’s Account. Although I still have found Maclaurin useful in interpreting Hume -- see Sapadin 1997 for a discussion of popular Newtonianism in Hume's day -- I suspect my draft suffers somewhat from ambivalence. There are (...) still similarities, and possible avenues of influence, arguing that Hume was not ignorant of the new mechanics, but it also becomes clear that he did not understand it: although he adopts the Newtonian measure of force, he misapplies it. (shrink)

Proponents of the view that social structures are ontologically distinct from the people in whose actions they are immanent have assumed that structures can stand in causal relations to individual practices. Were causality to be no more than Humean concomitance correlations between structure and practices would be unproblematic. But two prominent advocates of the ontological account of structures, Bhaskar and Giddens, have also espoused a powers theory of causality. According to that theory causation is brought about by the activity of (...) particulars, in the social psychological case, individuals of some sort. Consistence would demand that structure be those individuals. But neither Giddens nor Bhaskar wish to reify structure to the extent that would fit it for a role as a powerful particular. If only human beings can be powerful particulars in these contexts, the only way that structures can be real must be as properties of conversational interactions. Human action is social just in so far as people direct themselves to engage well in joint activities with others. (shrink)

My first paper on the Is/Ought issue. The young Arthur Prior endorsed the Autonomy of Ethics, in the form of Hume’s No-Ought-From-Is (NOFI) but the later Prior developed a seemingly devastating counter-argument. I defend Prior's earlier logical thesis (albeit in a modified form) against his later self. However it is important to distinguish between three versions of the Autonomy of Ethics: Ontological, Semantic and Ontological. Ontological Autonomy is the thesis that moral judgments, to be true, must answer to a realm (...) of sui generis non-natural PROPERTIES. Semantic autonomy insists on a realm of sui generis non-natural PREDICATES which do not mean the same as any natural counterparts. Logical Autonomy maintains that moral conclusions cannot be derived from non-moral premises.-moral premises with the aid of logic alone. Logical Autonomy does not entail Semantic Autonomy and Semantic Autonomy does not entail Ontological Autonomy. But, given some plausible assumptions Ontological Autonomy entails Semantic Autonomy and given the conservativeness of logic – the idea that in a valid argument you don’t get out what you haven’t put in – Semantic Autonomy entails Logical Autonomy. So if Logical Autonomy is false – as Prior appears to prove – then Semantic and Ontological Autonomy would appear to be false too! I develop a version of Logical Autonomy (or NOFI) and vindicate it against Prior’s counterexamples, which are also counterexamples to the conservativeness of logic as traditionally conceived. The key concept here is an idea derived in part from Quine - that of INFERENCE-RELATIVE VACUITY. I prove that you cannot derive conclusions in which the moral terms appear non-vacuously from premises from which they are absent. But this is because you cannot derive conclusions in which ANY (non-logical) terms appear non-vacuously from premises from which they are absent Thus NOFI or Logical Autonomy comes out as an instance of the conservativeness of logic. This means that the reverse entailment that I have suggested turns out to be a mistake. The falsehood of Logical Autonomy would not entail either the falsehood Semantic Autonomy or the falsehood of Ontological Autonomy, since Semantic Autonomy only entails Logical Autonomy with the aid of the conservativeness of logic of which Logical Autonomy is simply an instance. Thus NOFI or Logical Autonomy is vindicated, but it turns out to be a less world-shattering thesis than some have supposed. It provides no support for either non-cognitivism or non-naturalism. (shrink)

The settlement of the Second World War yielded two important changes in the normative order of international relations. These are the prohibition of war except in self‐defence, expressed in the UN Charter and the limitation of sovereignty by a common set of protections of individuals, expressed in the Universal Declaration of Human Rights (UDHR). Looked at in historical perspective, these innovations are two dimensions of a single movement – a collective effort at the global level to impose discipline on the (...) external and internal behaviour of states. Neither innovation lacks ambition, but of the two, the more far‐reaching is certainly the doctrine of human rights. It aims to bring the domestic conduct of governments under agreed international norms – to define and establish ‘a common standard of achievement for all peoples and all nations’ (UDHR, Preamble) to which the organized international community can hold individual governments accountable. (shrink)

"The Moral Standing of States" is the title of an essay Michael Walzer wrote in response to four critics of the theory of nonintervention defended in "Just and Unjust Wars." It states a theme to which he has returned in subsequent work. Beitz offers four sets of comments.

In 1971 Imre Boba published a monograph, Moravia's History Reconsidered, in which he argued that the ninth-century Slavic principality of Moravia was located not in central Czechoslovakia, as modern scholars have assumed, but in northern Yugoslavia, in the vicinity of the Roman provincial capital of Sirmium . In his book and in subsequent articles, Boba has assembled an impressive array of sources — Latin, Byzantine Greek, Slavic, Old English, and others — to support his hypothesis. Based on this evidence, the (...) arguments Boba makes are plausible, and one would expect scholars to take them seriously. (shrink)