Economic rights - rights to use, possess, exchange, and otherwise dispose of property - are at the centre of some of the most important and fundamental disputes in Western moral and political theory. This book provides a fresh look at assumptions that are sometimes overlooked in debates about capitalism, socialism and the welfare state. Essays in this book by internationally renowned academic lawyers, economists, and philosophers, explore what sort of economic rights people ought to have, how they ought to be (...) conceived of and grounded, and the consequences that would ensue were one system or another set up to ensure them; the related question of the nature of various economic systems and how well they do at guaranteeing such rights are also discussed. (shrink)

It has been demonstrated that death certificates do not accurately record the actual cause of death in up to one-fourth of cases, as determined from subsequent autopsy findings. The purpose of this study was to explore the use of natural language autopsy data bases as an automated quality assurance mechanism. We translated the account of the major process leading to death, or the primary diagnosis, from all 45,564 narrative autopsy reports obtained at The Johns Hopkins Hospital between May 28, 1889, (...) and June 30, 1987, into the hierarchical system of Medical Subject Heading (MeSH) titles. We obtained a total of 125,772 MeSH title translations, 1,563 of them distinct (average 2.8 per case), ranging in frequency from 6,029 occurrences of LUNG to 1 occurrence apiece of 357 MeSH titles. The natural-language-to-MeSH translations showed expected trends over the past century: fewer infectious diseases; more cardiovascular and neoplastic disease among adults; and more respiratory diseases and congenital malformations in the pediatric age group. The greater availability of autopsy documents in electronic form should increase the value of this resource for quality assurance. (shrink)

We use a result due to Rolin, Speissegger, and Wilkie to show that definable sets in certain o-minimal structures admit definable parameterizations by mild maps. We then use this parameterization to prove a result on the density of rational points on curves defined by restricted Pfaffian functions.

In lieu of an abstract, here is a brief excerpt of the content:The Incoherence of Determining Death by Neurological Criteria: A Commentary on Controversies in the Determination of Death, A White Paper by the President’s Council on Bioethics*Franklin G. Miller** (bio) and Robert D. Truog (bio)Traditionally the cessation of breathing and heart beat has marked the passage from life to death. Shortly after death was determined, the body became a cold corpse, suitable for burial or cremation. Two technological changes (...) in the second half of the twentieth century prompted calls for a new, or at least expanded, definition of death: the development of intensive care medicine, especially the use of mechanical ventilators, and the advent of successful transplantation of vital organs. Patients with profound neurological damage, leaving them incapable of breathing on their own and in an irreversible coma, could be maintained for some period of time with the aid of mechanical ventilation. The situation of these patients posed two ethical questions. Is it appropriate to stop life-sustaining treatment? If so, is it acceptable to retrieve vital organs for transplantation to save the lives of others before stopping treatment?In 1968, the Ad Hoc Committee of the Harvard Medical School to Examine the Definition of Brain Death proposed that death could be determined on the basis of neurological criteria, thus providing a positive answer to these two questions (Ad Hoc Committee 1968). According to the position of this committee, patients diagnosed with the cessation of brain function are dead, despite the fact that they breathe and circulate blood with the aid of mechanical ventilation. [End Page 185] Because they are dead, it is appropriate, indeed imperative, to stop mechanical ventilation. And because they are dead, it becomes ethical to procure vital organs for transplantation before stopping what otherwise would be life-sustaining treatment. Remarkably, this innovative neurological determination of death became, with little debate or controversy, the established position in medical ethics and the law throughout the United States.The Harvard Committee articulated the diagnosis of “irreversible coma,” but merely asserted that this condition constituted death. No explanatory rationale was provided. It fell to the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research to provide an authoritative rationale in its 1981 report, Defining Death. The second paragraph of the report set the stage as follows: “The question addressed here is not inherently difficult or complicated. Simply, it is whether the law ought to recognize new means for establishing that the death of a human being has occurred” (President’s Commission 1981, p. 3). The Commission claimed that “death is a unitary phenomenon” (p. 7) and that the determination of death by neurological criteria, in terms of the absence of all brain function, is consistent with the traditional conception of death as the cessation of vital functioning of the organism as a whole. The key issue is the integrative functioning of the human organism, which ceases to exist, according to the Commission, when the whole brain, including higher cortical areas and the brain stem, fails to function. Although “brain-dead” patients do not appear to be dead—i.e., the reality of their death is “masked” by the activity of mechanical ventilation—the patient’s body has irreversibly lost all capacity for integrative functioning. In the words of the Commission: “When artificial means of support mask this loss of integration as measured by the old methods [cessation of respiration and heart beat], brain-oriented criteria and tests provide a new window on the same phenomenon” (p. 33). The President’s Commission was instrumental in developing and establishing “The Uniform Definition of Death Act”: “An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead” (p. 2).Although the question posed by the President’s Commission was easy to articulate, the answer, over time, has proved complicated and controversial. The coherence and cogency of determining death by neurological criteria has been challenged. Various experts have demonstrated that “brain-dead” patients maintained on mechanical ventilation display a range of vital, integrative, functioning, which conflicts with the judgment that they are dead (Truog and... (shrink)

: Bioethicists have failed to understand the pervasively paternalistic character of research ethics. Not only is the overall structure of research review and regulation paternalistic in some sense; even the way informed consent is sought may imply paternalism. Paternalism has limits, however. Getting clear on the paternalism of research ethics may mean some kinds of prohibited research should be reassessed.

A basic question of medical ethics is whether the norms governing medical practice should be understood as the application of principles and rules of the common morality to medicine or whether some of these norms are internal or proper to medicine. In this article we describe and defend an evolutionary perspective on the internal morality of medicine that is defined in terms of the goals of clinical medicine and a set of duties that constrain medical practice in pursuit of these (...) goals. This perspective is developed by means of a critical examination of the essentialist conception of the internal morality of medicine advocated by Edmund Pellegrino and the critique of internal morality approaches by Robert Veatch and Tom Beauchamp. (shrink)

In this thesis I argue for the following theory: constitutive Russellian phenomenal bonding panpsychism. To do so I do three main things: 1) I argue for Russellian panpsychism. 2) I argue for phenomenal bonding panpsychism. 3) I defend the resultant phenomenal bonding panpsychist model. The importance of arguing for such a theory is that if it can be made to be viable, then it is proposed to be the most promising theory of the place of consciousness within nature. This is (...) because constitutive Russellian panpsychism has all the theoretical virtues of physicalism and dualism but does not face the problems they do. The combination problem, however, is the most significant problem for the Russellian panpsychist, and, hence, in order to show the viability of the theory I address this problem. Moreover, I present a novel ”mereological argument’ for panpsychism which makes it necessary that the Russellian panpsychist addresses the combination problem. The focus of this thesis is therefore addressing this problem. I argue that the combination problem can indeed be solved. To do so I argue for the phenomenal bonding solution proposed by Goff. I argue that this solution works and that we can form a positive concept of the phenomenal bonding relation. This forces the panpsychist to make sense of how experiencing subjects can be proper parts of other experiencing subjects. I then argue that this can indeed be made sense of and show that we can indeed be composite subjects made of other subjects. To show that we can be subjects made up of other subjects I defend this proposal from various objections from throughout the literature. All these objections can be responded to by the constitutive Russellian phenomenal bonding panpsychist. Ultimately this leaves us with a novel and interesting account of what conscious subjects are, and what the material world is: they are both composite entities made wholly of conscious matter. (shrink)

Prevailing ethical thinking about informed consent to clinical research is characterized by theoretical confidence and practical disquiet. On the one hand, bioethicists are confident that informed consent is a fundamental norm. And, for the most part, they are confident that what makes consent to research valid is that it constitutes an autonomous authorization by the research participant. On the other hand, bioethicists are uneasy about the quality of consent in practice. One major source of this disquiet is substantial evidence of (...) the “therapeutic misconception”—the tendency of patient-subjects in clinical trials to confuse participating in research with receiving personalized medical care. This .. (shrink)

The Belmont Report begins with the sentence, “It is important to distinguish between biomedical and behavioral research, on the one hand, and the practice of accepted therapy on the other”. Writing an essay in a journal issue devoted to the 40th anniversary of the Belmont Report offers an opportunity not only to examine critically a theme addressed in this remarkable document—the distinction between research and practice—but also to reflect on the role of this theme as a major dimension of my (...) work as a bioethics scholar. Encompassing only 12 pages of text, the Belmont Report is a seminal and rich examination of basic norms defining the ethics of biomedical research. I have read the... (shrink)

ABSTRACT:Workplace transgressions elicit a variety of opinions about their meaning and what is required to address them. This diversity in views makes it difficult for managers to identify a mutually satisfactory response and to enable repair of the relationships between the affected parties. We develop a conceptual model for understanding how to bridge these diverging perspectives and foster relationship repair. Specifically, we argue that effective relationship repair is dependent on the parties’ reciprocal concern for others’ viewpoints and collective engagement in (...) the justice repair process. This approach enhances our understanding of the interdependency between justice and reconciliation/reintegration, while also providing theoretical insight into the processes underlying restorative conferencing, innovations that promise to help managers heal damaged organizational bonds. (shrink)

: The "therapeutic misconception," described by Paul Appelbaum and colleagues more than 20 years ago, refers to the tendency of participants in clinical trials to confuse the design and conduct of research with personalized medical care. Although the "therapeutic misconception" has become a term of art in research ethics, little systematic attention has been devoted to the ethical significance of this phenomenon. This article examines critically the way in which Appelbaum and colleagues formulate what is at stake in the therapeutic (...) misconception, paying particular attention to assumptions and implications that clinical trial participation disadvantages research participants as compared with receiving standard medical care. After clarifying the ethical significance of the therapeutic misconception with respect to the decision making of patients, we offer policy recommendations for obtaining informed consent to participation in clinical trials. (shrink)

The use of brain imaging technology as a common tool of research has spawned concern and debate over how investigators should respond to incidental fndings discovered in the course of research. In this article, we argue that investigators have an obligation to respond to incidental fndings in view of their entering into a professional relationship with research participants in which they are granted privileged access to private information with potential relevance to participants' health. We discuss the scope and limits of (...) this professional obligation to respond to incidental fndings, bearing in mind that the relationship between investigators and research participants differs fundamentally from the doctor-patient relationship. (shrink)

The purpose of this quantitative study of 401 students is to identify common motivations for Chinese students to plagiarize on written English assignments and ultimately to demystify and understand the mindset of Chinese students who do plagiarize. According to a regression analysis of these data, the most significant factor relating to likelihood to self-report plagiarism for Chinese students is the belief in a “standard answer,” which represents the correct answer to a given question. The regression results also suggest that students (...) who believe that imitation of experts is important to learning are more likely to self-report plagiarism, and that business students are more likely to self-report than non-business students. The other factors examined in our model, such as English writing ability; ability to express one’s self in English writing; embarrassment about English writing ability; concern for accuracy of English writing; and concerns about grade point average, were not significant predictors of self-reported plagiarism. These results give a key insight into the English writing plagiarism behaviors of Chinese students studying in Western higher education. (shrink)

Computability theory is used to evaluate the complexity of classifying various kinds of Lebesgue spaces and associated isometric isomorphism problems.

THE MORAL SCEPTIC IS ONE WHO BELIEVES MORALITY CANNOT BE\nJUSTIFIED AND THEREFORE THERE ARE GOOD REASONS FOR BEING\nSUSPICIOUS OF IT, AND FURTHER, THAT ONE WHO CONTINUES TO\nMAINTAIN A MORAL POSITION IS BEING UNREASONABLE. THE AUTHOR\nMAINTAINS THAT EVEN THOUGH THE CONCEPT OF JUSTIFICATION\nDOES NOT APPLY, THE SCEPTIC IS MISTAKEN IN DRAWING THE\nCONCLUSIONS HE DOES. THE SCEPTIC CONTENDS THAT IN THE\nABSENCE OF REASONS, IT IS UNREASONABLE TO BELIEVE. IT IS\nCONCLUDED THAT IT IS IMPOSSIBLE TO REASON US FROM MORALITY\nINTO SCEPTICISM. (STAFF).

Cosmetic surgery is a fast-growing medical practice. In 1997 surgeons in the United States performed the four most common cosmetic procedures443,728 times, an increase of 150% over the comparable total for 1992. Estimated total expenditures for cosmetic surgery range from $1 to $2 billion. As managed care cuts into physicians' income and autonomy, cosmetic surgery, which is not covered by health insurance, offers a financially attractive medical specialty.

In the past, hypothesis testing in medicine has employed the paradigm of the repeatable experiment. In statistical hypothesis testing, an unbiased sample is drawn from a larger source population, and a calculated statistic is compared to a preassigned critical region, on the assumption that the comparison could be repeated an indefinite number of times. However, repeated experiments often cannot be performed on human beings, due to ethical or economic constraints. We describe a new paradigm for hypothesis testing which uses only (...) rearrangements of data present within the observed data set. The token swap test, based on this new paradigm, is applied to three data sets from cardiovascular pathology, and computational experiments suggest that the token swap test satisfies the Neyman Pearson condition. (shrink)

Conventional medical ethics and the law draw a bright line distinguishing the permitted practice of withdrawing life-sustaining treatment from the forbidden practice of active euthanasia by means of a lethal injection. When clinicians justifiably withdraw life-sustaining treatment, they allow patients to die but do not cause, intend, or have moral responsibility for, the patient's death. In contrast, physicians unjustifiably kill patients whenever they intentionally administer a lethal dose of medication. We argue that the differential moral assessment of these two practices (...) is based on a series of moral fictions – motivated false beliefs that erroneously characterize withdrawing life-sustaining treatment in order to bring accepted end-of-life practices in line with the prevailing moral norm that doctors must never kill patients. When these moral fictions are exposed, it becomes apparent that conventional medical ethics relating to end-of-life decisions is radically mistaken. (shrink)

This long-standing series provides the guild of religion scholars a venue for publishing aimed primarily at colleagues. It includes scholarly monographs, revised dissertations, Festschriften, conference papers, and translations of ancient and medieval documents. Works cover the sub-disciplines of biblical studies, history of Christianity, history of religion, theology, and ethics. Festschriften for Karl Barth, Donald W. Dayton, James Luther Mays, Margaret R. Miles, and Walter Wink are among the seventy-five volumes that have been published. Contributors include: C. K. Barrett, Francois Bovon, (...) Paul S. Chung, Marie-Helene Davies, Frederick Herzog, Ben F. Meyer, Pamela Ann Moeller, Rudolf Pesch, D. Z. Phillips, Rudolf Schnackenburgm Eduard Schweizer, John Vissers. (shrink)

The practice of voluntary physician‐assisted death as a last resort is compatible with doctors' duties to practice competently, to avoid harming patients unduly, to refrain from medical fraud, and to preserve patients' trust. It therefore does not violate physicians' professional integrity.

The doctrine of clinical equipoise is appealing because it appears to permit physicians to maintain their therapeutic obligation to offer optimal medical care to patients while conducting randomized controlled trials (RCTs). The appearance, however, is deceptive. In this article we argue that clinical equipoise is defective and incoherent in multiple ways. First, it conflates the sound methodological principle that RCTs should begin with an honest null hypothesis with the questionable ethical norm that participants in these trials should never be randomized (...) to an intervention known to be inferior to standard treatment. Second, the claim that RCTs preserve the therapeutic obligation of physicians misrepresents the patient-centered orientation of medical care. Third, the appeal to clinical equipoise as a basic principle of risk-benefit assessment for RCTs is incoherent. Finally, the difficulties with clinical equipoise cannot be resolved by viewing it as a presumptive principle subject to exceptions. In the final sections of the article, we elaborate on the non-exploitation framework for the ethics clinical research and indicate issues that warrant further inquiry. (shrink)