The United States’ pursuit of increasingly TRIPS-Plus levels of intellectual property protection for medicines in bilateral and regional trade agreements is well recognized. Less so, however, are U.S. efforts through these agreements, to directly influence and constrain the pharmaceutical coverage programs of its trading partners. The pursuit of increasing levels of intellectual property protection in successive bilateral and regional trade agreements has been driven, at least in part, by a U.S. desire to achieve standards of protection it anticipated from the (...) TRIPS Agreement, but failed to secure. Despite the conclusion of a global agreement on IP standards that would establish significant protections in countries that had hitherto declined them, the U.S. pharmaceutical industry viewed TRIPS as falling well short of its objectives — particularly in light of the delayed introduction of patent protection in countries that are key suppliers of generic medicines, such as India. (shrink)

This guide leads readers systematically through the arguments of Mary Shepherd's two books. Chapters 1-4 cover the arguments in the Essay Upon the Relation of Cause and Effect (1824), where Shepherd argues that causal principles can be known by reason to be necessary truths and that causal inferences can be rationally justified. Shepherd's primary target in this work is Hume, but she also addresses the views of Thomas Brown and William Lawrence. Shepherd considered her second book, Essays on the Perception (...) of an External Universe, and Other Subjects Connected with the Doctrine of Causation (1827), to be an extension of the earlier project on causation; here she appeals to the causal principles established in the first book to argue that we can know through reason that an external world of continually-existing objects must exist independently of us, as the causes of our sensations. Chapter 5 of this Guide addresses Shepherd's accounts of sensation and reasoning; Chapters 6-9 lead the reader through the arguments of the Essays, as well laying out Shepherd's views on skepticism and Berkeleyan idealism, her accounts of mind and body, her philosophy of religion, and the solutions she offers to two puzzles about vision. (shrink)

This book examines a widespread, and often misunderstood, doctrine within the medieval Aristotelian tradition, namely the inclusion of Aristotle's Rhetoric and Poetics within the scope of the Organon. It studies this doctrine, as presented by the Islamic philosophers Al- Fārābī, Avicenna, and Averroes, from a purely philosophical perspective, and argues that the logical construal of the arts of rhetoric and poetics is both interesting and illuminating. The book begins by examining some prevalent misconceptions regarding the logical interpretation of the Rhetoric (...) and Poetics. Chapter two considers the Greek background of the doctrine, first through an examination of the Aristotelian divisions of the sciences, and then through an examination of the beginnings of the logical classification of the Rhetoric and Poetics among the Greek commentators from the school of Alexandria. The remainder of the work is devoted to a detailed consideration of the Arabic philosophers' development of the doctrine, both their understanding of its general epistemological and logical underpinnings, and their elaboration of the specific logical structures upon which poetical and rhetorical discourse is based. Consideration is also given to the relationship between contemporary philosophical views of rhetoric and poetics, and the views of these medieval authors. (shrink)

The fact that much of our knowledge is gained through the testimony of others challenges a certain form of epistemic individualism. We are clearly not autonomous knowers. But the discussion surrounding testimony has maintained a commitment to what I have elsewhere called epistemic agent individualism. Both the reductionist and the anti-reductionist have focused their attention on the testimony of individuals. But groups, too, are sources of testimony - or so I shall argue. If groups can be testifiers, a natural question (...) to ask is whether our beliefs based on the testimony of groups are ever justified and whether such a justification is to be conferred inferentially or non-inferentially. I consider and dismiss the possibility of extending an anti-reductionist account of justification to our group testimonial beliefs. I also argue against a version of reductionism that would have our group testimonial beliefs justified only in so far as we were able to monitor the trustworthiness of members of the group. However, there are forms of reductionism that can be extended to make sense of the justification of our group testimonial beliefs. There are mechanisms for monitoring the trustworthiness and competency of a group (rather than its members) and, further, a variety of background beliefs allow us to assess the testimony of a group for reliability. (shrink)

Theodor W. Adorno and Jürgen Habermas both champion the goal of a rational society. However, they differ significantly about what this society should look like and how best to achieve it. Exploring the premises shared by both critical theorists, along with their profound disagreements about social conditions today, this book defends Adorno against Habermas' influential criticisms of his account of Western society and prospects for achieving reasonable conditions of human life. The book begins with an overview of these critical theories (...) of Western society. Both Adorno and Habermas follow Georg Lukács when they argue that domination consists in the reifying extension of a calculating, rationalizing form of thought to all areas of human life. Their views about reification are discussed in the second chapter. In chapter three the author explores their conflicting accounts of the historical emergence and development of the type of rationality now prevalent in the West. Since Adorno and Habermas claim to have a critical purchase on reified social life, the critical leverage of their theories is assessed in chapter four. The final chapter deals with their opposing views about what a rational society would look like, as well as their claims about the prospects for establishing such a society. Adorno, Habermas and the Search for a Rational Society will be essential reading for students and researchers of critical theory, political theory and the work of Adorno and Habermas. (shrink)

In seeking general accounts of evidence, confirmation, or inference, philosophers have looked to logical relationships between evidence and hypotheses. Such logics of evidential relationship, whether hypothetico-deductive, Bayesian, or instantiationist fail to capture or be relevant to scientific practice. They require information that scientists do not generally have (e.g., an exhaustive set of hypotheses), while lacking slots within which to include considerations to which scientists regularly appeal (e.g., error probabilities). Building on my co-symposiasts contributions, I suggest some directions in which a (...) new and more adequate philosophy of evidence can move. (shrink)

In empirical modeling, an important desiderata for deeming theoretical entities and processes as real is that they can be reproducible in a statistical sense. Current day crises regarding replicability in science intertwines with the question of how statistical methods link data to statistical and substantive theories and models. Different answers to this question have important methodological consequences for inference, which are intertwined with a contrast between the ontological commitments of the two types of models. The key to untangling them is (...) the realization that behind every substantive model there is a statistical model that pertains exclusively to the probabilistic assumptions imposed on the data. It is not that the methodology determines whether to be a realist about entities and processes in a substantive field. It is rather that the substantive and statistical models refer to different entities and processes, and therefore call for different criteria of adequacy. (shrink)

Throughout his work, Adorno contrasted liberal ideology to the newer and more pernicious form of ideology found in positivism. The paper explores the philosophical basis for Adorno's contrast between liberal and positivist ideology. In Negative Dialectics, Adorno describes all ideology as identity-thinking. However, on his view, liberal ideology represents a more rational form of identity-thinking. Fearing that positivism might obliterate our capacity to distinguish between what is and what ought to be, Adorno sought a more secure foundation for his critique (...) of existing conditions. He found this basis in liberal discourse. In the concept of freedom, for example, Adorno located ideas or ideals that negate and transcend the given. One of the conditions for the possibility of critical thought lies in such ideas; critical thinking consists in wielding the more emphatic content of concepts against the pathic rationality of existing conditions. Far from prescribing mimesis as the antidote to a damaged social, political and economic reality, then, Adorno advocates a more dialectically inflected use of concepts as the basis for social criticism. Key Words: Adorno • Critique • Identity • Ideology • Liberalism • Positivism. (shrink)

Abstract:This essay responds to Patricia Werhane’s 1994 Ruffin Lecture address, “Moral Imagination and the Search for Ethical Decision-making in Management,” using institutional theory as an analytical framework to explore conditions that either inhibit or promote moral imagination in organizational problem-solving. Implications of the analysis for managing organizational change and for business ethics theory development are proposed.

Much light has been shed on important features of teaching and learning by Alasdair MacIntyre's writings. Yet there are experiences that are crucial to teaching and learning that are unaddressed in MacIntyre's arguments; experiences that reveal education as a distinctive kind of practice. This paper examines one kind of such experience: an experience I call ‘being pulled up short’. Drawing on the work of Hans-Georg Gadamer and Gerald L. Bruns, I analyse an example of teaching King Lear to argue that (...) being pulled up short is a unique experience of disorientation that cannot be taught merely by pedagogical skill, including the modern tools and approaches provided by constructivist learning theory and meta-cognition. The paper concludes by identifying challenges that being pulled up short poses for the education of disposition, and for the aims and activities of teaching. (shrink)

Kuhn maintains that what marks the transition to a science is the ability to carry out ‘normal’ science—a practice he characterizes as abandoning the kind of testing that Popper lauds as the hallmark of science. Examining Kuhn's own contrast with Popper, I propose to recast Kuhnian normal science. Thus recast, it is seen to consist of severe and reliable tests of low-level experimental hypotheses (normal tests) and is, indeed, the place to look to demarcate science. While thereby vindicating Kuhn on (...) demarcation, my recasting of normal science is seen to tell against Kuhn's view of revolutionary science. (shrink)

The article explores the character of Adorno’s materialism while fleshing out his Marxist-inspired idea of natural history. Adorno offers a non-reductionist and non-dualistic account of the relationship between matter and mind, human history and natural history. Emerging from nature and remaining tied to it, the human mind is nonetheless qualitatively distinct from nature owing to its limited independence from it. Yet, just as human history is always also natural history, because human beings can never completely dissociate themselves from the natural (...) world, nature is inextricably entwined with human history. Owing to the entwinement of mind and matter, humanity and nature, a version of dialectical materialism can be found in Adorno’s work. Key Words: body • dialectics • Hegel • history • idealism • Marx • materialism • mind • nature • Timpanaro. (shrink)

:This essay responds to Patricia Werhane’s 1994 Ruffin Lecture address, “Moral Imagination and the Search for Ethical Decision-making in Management,” using institutional theory as an analytical framework to explore conditions that either inhibit or promote moral imagination in organizational problem-solving. Implications of the analysis for managing organizational change and for business ethics theory development are proposed.

In Philosophical Problems of Statistical Inference, Seidenfeld argues that the Neyman-Pearson (NP) theory of confidence intervals is inadequate for a theory of inductive inference because, for a given situation, the 'best' NP confidence interval, [CIλ], sometimes yields intervals which are trivial (i.e., tautologous). I argue that (1) Seidenfeld's criticism of trivial intervals is based upon illegitimately interpreting confidence levels as measures of final precision; (2) for the situation which Seidenfeld considers, the 'best' NP confidence interval is not [CIλ] as Seidenfeld (...) suggests, but rather a one-sided interval [CI0]; and since [CI0] never yields trivial intervals, NP theory escapes Seidenfeld's criticism entirely; (3) Seidenfeld's criterion of non-triviality is inadequate, for it leads him to judge an alternative confidence interval, [CI alt. ], superior to [CIλ] although [CI alt. ] results in counterintuitive inferences. I conclude that Seidenfeld has not shown that the NP theory of confidence intervals is inadequate for a theory of inductive inference. (shrink)

Comparing estimates of the cost-effectiveness of human immunodeficiency virus (HIV) interventions can help communities select an HIV prevention portfolio to meet local needs efficiently. The authors developed a spreadsheet tool to estimate the relative cost-effectiveness of 26 HIV prevention interventions. HIV prevalence of the population at risk and the cost per person reached were the two most important factors determining cost-effectiveness. In low-prevalence populations, the most cost-effective interventions had a low per-person cost. Among the most cost-effective interventions overall were showing (...) videos in sexually transmitted disease clinics and raising alcohol taxes. (shrink)

This article considers disabled people's involvement with the UK environmental movement. It draws on findings from qualitative research with disabled people in the UK exploring experiences of access to sustainable lifestyles. A number of experiences of disablism (the manifestation of oppression against disabled people) and ableism (assumptions and valorisations of non-disabled normality) were described. Similar issues were also identified in relevant documentary sources and from research into disabled people's experiences in the context of other movements such as the wider anti-capitalist (...) movement. These findings suggest that ableism may be a significant feature of the UK environmental movement. If this is the case, there are important implications for the wider success of this movement's aims in terms of achieving environmental protection, as well as for the ongoing exclusion experienced by disabled people with regard to pro-environmental activities. (shrink)

I discuss six problems with Warwick Fox’s “The Deep Ecology–Ecofeminism Debate and Its Parallels” and conclude that until Fox and some other deep ecologists take the time to study feminism and ecofeminist analyses, only disputes—not genuine debate—will occur between these two parties. An understanding of the six issues that I discuss is a precondition for such a debate.

After discussing the distinction between artifacts and natural entities, and the distinction between artifacts and technology, the conditions of the traditional account of moral agency are identified. While computer system behavior meets four of the five conditions, it does not and cannot meet a key condition. Computer systems do not have mental states, and even if they could be construed as having mental states, they do not have intendings to act, which arise from an agent’s freedom. On the other hand, (...) computer systems have intentionality, and because of this, they should not be dismissed from the realm of morality in the same way that natural objects are dismissed. Natural objects behave from necessity; computer systems and other artifacts behave from necessity after they are created and deployed, but, unlike natural objects, they are intentionally created and deployed. Failure to recognize the intentionality of computer systems and their connection to human intentionality and action hides the moral character of computer systems. Computer systems are components in human moral action. When humans act with artifacts, their actions are constituted by the intentionality and efficacy of the artifact which, in turn, has been constituted by the intentionality and efficacy of the artifact designer. All three components – artifact designer, artifact, and artifact user – are at work when there is an action and all three should be the focus of moral evaluation. (shrink)

Este ensaio tem por objetivo pensar a escola como espaço vivo, produtor de heterotopias, conceito abordado por Foucault. As heterotopias, na perspectiva de Foucault, são espaços outros que convivem no espaço instituído, nos espaços de invenção que não podem ser controlados, justamente por não estarem previstos. Foram primeiramente pensadas como um efeito de linguagem, conforme encontramos no prefácio de As palavras e as coisas, obra publicada em 1966. O conceito é retomado em suas conferências radiofônicas, publicadas em 1984 com o (...) título Des espaces autres, e ainda postumamente, em 2009, no livro O corpo utópico, heterotopias. A partir dessa noção, a escrita que aqui se apresenta é um convite a pensar a escola como um lugar heterotópico. Um espaço do fora no espaço do dentro. Um entrelugares, povoado de encontros e potências ativados, capazes de inventar espaços outros no próprio espaço do instituído pela força do que nos leva a pensar e a perceber o mundo de outros modos, com outras lentes. Trata-se, assim, de viver de outros modos nos espaços que já existem. Criar no espaço da escola, da universidade, espaços outros, heterotopias que possibilitem movimentos, espaços livres de pensamento. Isso envolve um deslocamento de olhar para o espaço, para as coisas, para a vida: criar um espaço de resistência dentro de um espaço instituído. Portanto, não se trata de criar utopicamente outra escola, nem qualquer outro espaço educativo, nem mesmo um espaço de existência, mas talvez de fazer outra escola na própria escola. (shrink)

Leishmania major infection of inbred mice leads to a major dichotomous response—death or survival—that depends on the strain of mice. This finding has motivated efforts to locate genetic determinants of disease susceptibility. Genotyping studies have confirmed a complex multilocus trait, but studies directed at the biology of the response suggest identifiable components of susceptibility that may direct the genetic investigations. A confluence of parasite variables—residence in macrophages, class II-dependent immunity, and avoidance of early IL-12 induction—with host factors—a prominent helper T-cell (...) precursor frequency to a dominant parasite epitope and a bias in IL-4 gene activation—conspires to drive an aberrant immune response in animals that suffer fatal disease. These insights may lead to an understanding of factors that focus responses on dominant antigens and that mold the naive T-cell repertoire. Collectively, such factors might contribute to the pathogenesis of other infectious and autoimmune diseases. BioEssays 21:510–518, 1999. © 1999 John Wiley & Sons, Inc. (shrink)

Calcineurin is a Ca2+/calmodulin‐activated protein phosphatase that is conserved in eukaryotes, from yeast to humans, and is the conserved target of the immunosuppressive drugs cyclosporin A (CsA) and FK506. Genetic studies in yeast and fungi established the molecular basis of calcineurin inhibition by the cyclophilin A–CsA and FKBP12–FK506 complexes. Calcineurin also functions in fungi to control a myriad of physiological processes including cell cycle progression, cation homeostasis, and morphogenesis. Recent investigations into the molecular mechanisms of pathogenesis in Candida albicans and (...) Cryptococcus neoformans, two fungi that cause life‐threatening infections in humans, have revealed an essential role for calcineurin in morphogenesis, virulence, and antifungal drug action. Novel non‐immunosuppressive analogs of the calcineurin inhibitors CsA and FK506 that retain antifungal activity have been identified and hold promise as candidate antifungal drugs. In addition, comparisons of calcineurin function in both fungi and humans may identify fungal‐specific components of calcineurin‐signaling pathways that could be targeted for therapy, as well as conserved elements of calcium signaling events. BioEssays 24:894–903, 2002. © 2002 Wiley Periodicals, Inc. (shrink)

New Zealand has had free, state, secular education since 1877, but just what is meant by secularism is changing. Since the 1980s the growth of Maori education initiatives has mushroomed and these place emphasis on Maori values and beliefs, including spirituality. In addition, in 1999 a definition and statement on spirituality appeared in the health and physical education national curriculum document. This statement referred to values, beliefs, meaning and purpose. It also incorporated a Maori model of well‐being which places the (...) spiritual alongside other dimensions of humanity. This article explores the concept of spirituality in secular schooling in New Zealand. Some influences from Maori culture are explored with particular reference to values, ethical decision‐making and spirituality. Interviews with Maori teachers highlight how moral decisions often reflect spiritual beliefs and practices. It is argued that schooling has a moral obligation to reflect indigenous values if understanding, respect and cultural identity are to be promoted and cherished. It is also suggested that spirituality challenges what we have traditionally considered as learning at school. (shrink)

I discuss several problems with Stanovich & West's research and suggest an alternative way to frame the rationality debate. The debate is about whether analytic (System 2) thinking is superior to intuitive (System 1) thinking or whether the two modes are complementary. I suggest that the System 1/System 2 distinction is equivalent to the Chinese concepts of yin and yang and that the two modes are complementary.

For centuries, westerners have referred to China's numerous traditions of spiritual expression as "religious"--a word born of western thought that cannot completely characterize the passionate writing that fills the pages of this pathbreaking anthology. The first of its kind in well over thirty years, this text offers the student of Chinese ritual and cosmology the broadest range of primary sources from antiquity to the modern era. Readings are arranged chronologically and cover such concepts as Taoism, Confucianism, Buddhism, and even communism. (...) A large number of the selections concern the role of the female in Chinese religion, and are either by or about women. Through invocations, poetry, drama, philosophical texts, religious treatises, and modern fiction, students hear the voices of numerous Chinese masters expounding on the movements and traditions that inspired them: the mysterious Tao-te ching of Lao Tzu, cloaked in the mists of deepest antiquity; the Analects of stately, reverent Confucius; "Nailing a Stick into Empty Space," from The Recorded Conversations of Ch'an Master I-hsuan, and many others, including the work of Mencius, Pan Chao, Han Shan, Chang Tsai, Wang Yang-ming, Lu Hsun, and Mao Tse-tung. Fully one third of the translations are new, and each reading is preceded by an introduction that explains its importance and salient features. Complete with a helpful chronology of dynasties and list of possible video sources, this remarkable volume collects under one cover the most significant and influential works of China's dynamic spiritual tradition, making a fundamental contribution to courses in Chinese religion, literature, and history. (shrink)

Through his careful reading of my book, Manuel Fasko has identified four points in Mary Shepherd: A Guide where I make claims about Shepherd’s views but do not say much, or anything, about the deep...

Unpublishing, or the act of deleting previously published media content from a news outlet’s online archive in response to an external request, is a growing ethical and practical dilemma for journa...

The health care industry has moved at a rapid pace away from paper records to an electronic platform across almost all sectors — much of it at the encouragement and insistence of the federal government. Such rapid expansion has increased exponentially the risk to individuals in the privacy of their data and, increasingly, to their physical well-being when medical records are inaccessible through ransomware attacks. Recognizing the unique and critical nature of medical records, the United States Congress established the Health (...) Care Industry Cybersecurity Task Force under the Cybersecurity Information Sharing Act of 2015 for the purpose of reviewing cybersecurity risks within the health care industry and identifying who will lead and coordinate efforts to address such risks among the various agencies. The Task Force has since issued a report setting forth six high-level imperatives that the health care industry needs to achieve in order to combat cybersecurity, and, notably, many of the vulnerabilities plaguing the industry identified in the Report as requiring correction are not necessarily related to specific flaws in the current cybersecurity framework, but rather susceptibilities presented by the infrastructure and associated regulatory regime that has evolved over the last few decades over the health care industry generally. That is, the current health care infrastructure by its nature exacerbates cybersecurity risk. Between a lack of information sharing of industry threats, risks, and mitigations, disparate leadership and governance goals for cybersecurity, the confluence and contradiction of existing federal and state laws, fragmentation in the fee-for-service delivery system, lack of care coordination, and disparate resources across and among sectors, the industry suffers from heightened cyber risk. Solutions that are reactive to problems within the current infrastructure will likely have little long term impact toward reducing cybersecurity vulnerabilities because they do not address the underlying system challenges. All of these confluences causes one to wonder whether if in fact the current health care delivery infrastructure is a contributing factor to the incidents of cybersecurity attacks and the exorbitant costs associated with resolving data breaches, should Congress look not just to curb breach incidents, but to address root cause systematic challenges in the health industry infrastructure that create increased exposure of cybersecurity threats? This article argues that cybersecurity risks will continue to be heightened and more costly to the health care industry as compared to other industries unless and until some general system redesign is achieved that allows for greater sharing of resources among industry participants to ensure the same protections are implemented at all levels of the industry, which can be strengthened through greater interoperability of systems across the health care industry; and increased focus and attention on the importance of cybersecurity issues as a priority among system reforms. (shrink)