This brief tour of American law has demonstrated a little of the breadth and currency of legal liability actions which affect nursing. As health care changes and nursing roles change with it, so too will the nature of liability in this area. The American penchant for litigation is such that the chances of disentangling nurses from the continued onslaught of negligence litigation seem remote.

Hastings Center Report, Volume 52, Issue S1, Page S83-S88, March‐April 2022.

The Birth of American Law: An Italian Philosopher and the American Revolution tells the forgotten, untold story of the origins of U.S. law. Before the Revolutionary War, a 26-year-old Italian thinker, Cesare Beccaria, published On Crimes and Punishments, a runaway bestseller that shaped the Declaration of Independence, the U.S. Constitution, and early American laws. America's Founding Fathers, including early U.S. Presidents, avidly read Beccaria's book--a product of the Italian Enlightenment that argued against tyranny and the death penalty. Beccaria's book shaped (...) American views on everything from free speech to republicanism, to "Life, Liberty and the pursuit of Happiness," to gun ownership and the founders' understanding of "cruel and unusual punishments," the famous phrase in the U.S. Constitution's Eighth Amendment. In opposing torture and infamy, Beccaria inspired America's founders to jettison England's Bloody Code, heavily reliant on executions and corporal punishments, and to adopt the penitentiary system. The cast of characters in The Birth of American Law includes the usual suspects--George Washington, Thomas Jefferson, John Adams and James Madison. But it also includes the now little-remembered Count Luigi Castiglioni, a botanist from Milan who--decades before Alexis de Tocqueville's Democracy in America--toured all thirteen original American states before the 1787 Constitutional Convention in Philadelphia. Also figuring in this dramatic story of the American Revolution: Madison's Princeton classmate William Bradford, an early U.S. Attorney General and Beccaria devotee; John Dickinson, the "Penman of the Revolution" who wrote of Beccaria's "genius" and "masterly hand"; James Wilson and Dr. Benjamin Rush, signers of the Declaration of Independence and fellow Beccaria admirers; and Philip Mazzei, Jefferson's Italian-American neighbor at Monticello and yet another Beccaria enthusiast. In documenting Beccaria's game-changing influence, The Birth of American Law sheds important new light on the Constitution, the Bill of Rights, and the creation of American law. This book is part of the Legal History Series, edited by H. Jefferson Powell, Duke University School of Law. The Birth of American Law was awarded the 2015 Scribes Book Award and the First Prize in the 2015 AAIS Book Award competition (in the 18th/19th century category). It was also named INDIEFAB's 2014 Gold Winner for History! (shrink)

The contributors to _The Anomie of the Earth_ explore the convergences and resonances between Autonomist Marxism and decolonial thinking. In discussing and rejecting Carl Schmitt's formulation of the nomos—a conceptualization of world order based on the Western tenets of law and property—the authors question the assumption of universal political subjects and look towards politics of the commons divorced from European notions of sovereignty. They contrast European Autonomism with North and South American decolonial and indigenous conceptions of autonomy, discuss the legacies (...) of each, and examine social movements in the Americas and Europe. Beyond orthodox Marxism, their transatlantic exchanges point to the emerging categories disclosed by the collapse of the colonial and capitalist frameworks of Western modernity. Contributors. Joost de Bloois, Jodi A. Byrd, Gustavo Esteva, Silvia Federici, Wilson Kaiser, Mara Kaufman, Frans-Willem Korsten, Federico Luisetti, Sandro Mezzadra, Walter D. Mignolo, Benjamin Noys, John Pickles, Alvaro Reyes, Catherine Walsh, Gareth Williams, Zac Zimmer. (shrink)

Since the demise of "introspective psychology" in the early part of this century, psychologists have been highly skeptical of agent accounts of their psychological states. The conventional wisdom is that empirical studies such as those documented by Nisbett and Wilson and Nisbett and Ross have demonstrated that self-knowledge of beliefs, emotions, motives etc. is indirect and regularly inaccurate. Although for many years philosophers supported an essentially Cartesian conception of self-knowledge as direct and certain, in recent times many have joined (...) the psychologists in arguing that self-knowledge is regularly inaccurate and unreliable. In fact some philosophers, perhaps in atonement for past epistemological sins, go one step further, arguing that self-knowledge may be and probably is universally false. 2012 APA, all rights reserved). (shrink)

This collection of recent articles by leading scholars is designed to illuminate one of the greatest and most influential philosophical books of all time. It includes incisive commentary on every major theme and argument in the Meditations, and will be valuable not only to philosophers but to historians, theologians, literary scholars, and interested general readers.

An American Ethic takes the basis for American life - freedom - and describes the reality behind that abstraction, the transcendent nature of man. The book analyzes freedom and communication along with the inalienable rights and obligations that necessarily flow from the transcendent nature of man. It explains and distinguishes the usual norms of morality: natural law, positive law, religion, and conscience; and then proceeds to discuss contemporary moral issues: sanction for crime, animal rights, business ethics, sexual morality, homosexuality, and (...) abortion. In light of that analysis, the book critiques three recent and well-known works of ethics: Robert Pirsig's Lila, James Q. Wilson's The Moral Sense, and Peter Singer's Practical Ethics. (shrink)

The purpose of this inquiry is to explore the experience of Borderline Personality Disorder with the aim of developing a more liberating approach to its diagnosis and treatment. Eight participants diagnosed with Borderline Personality Disorder were recruited from a psychiatric hospital operated by the Surrey and Borders NHS Trust and an outpatient daycentre based in London, United Kingdom. A narrative approach to methodology was employed to collect and analyse the participants’ life-stories. Themes to emerge from the participant’s narratives were found (...) to coincide with R.D. Laing’s concept of ontological insecurity. Ontological insecurity describes a number of aspects of the participant’s distress. To conclude, some general implications of this research for psychotherapy are briefly explored. (shrink)

James D Marshall; John Wilson on the Necessity of Punishment, Journal of Philosophy of Education, Volume 18, Issue 1, 30 May 2006, Pages 97–104, https://doi.org.

This collection of essays on themes in the work of John Locke , George Berkeley , and David Hume , provides a deepened understanding of major issues raised in the Empiricist tradition. In exploring their shared belief in the experiential nature of mental constructs, The Empiricists illuminates the different methodologies of these great Enlightenment philosophers and introduces students to important metaphysical and epistemological issues including the theory of ideas, personal identity, and skepticism. It will be especially useful in courses (...) devoted to the history of modern philosophy. (shrink)

The development of symbolic logic is often presented in terms of a cumulative story of consecutive innovations that led to what is known as modern logic. This narrative hides the difficulties that this new logic faced at first, which shaped its history. Indeed, negative reactions to the emergence of the new logic in the second half of the nineteenth century were numerous and we study here one case, namely logic at Oxford, where one finds Lewis Carroll, a mathematical teacher who (...) promoted symbolic logic, and John Cook Wilson, the Wykeham Professor of Logic who notoriously opposed it. An analysis of their disputes on the topic of logical symbolism shows that their opposition was not as sharp as it might look at first, as Cook Wilson was not so much opposed to the « symbolic » character of logic, but the intrusion of mathematics and what he perceived to be the futility of some of its problems, for logicians and philosophers alike. (shrink)

The overall goal of this essay is to explore the initial findings of neuroscientific research on meditation; in doing so, the essay also suggests potential avenues of further inquiry. The essay consists of three sections that, while integral to the essay as a whole, may also be read independently. The first section, “Defining Meditation,” notes the need for a more precise understanding of meditation as a scientific explanandum. Arguing for the importance of distinguishing the particularities of various traditions, the section (...) presents the theory of meditation from the paradigmatic perspective of Buddhism, and it discusses the difficulties encountered when working with such theories. The section includes an overview of three practices that have been the subject of research, and it.. (shrink)

Dominic Wilkinson suggests that one of Schubert’s songs has relevance for neonatologists today. In the song, Schubert suggests that death sometimes comes as a friend. Wilkinson ponders whether the song has a message for doctors and parents, who sometimes struggle to figure out whether death is an enemy or a friend to a dying baby. Wilkinson reflects on the case of baby ‘Hal’, who was born with serious cardiomyopathy. Hal’s parents and doctors disagree about whether to withdraw life-support. Through his (...) recreations of their discussions, Wilkinson shows how hard it is to confront—and maybe even welcome—death for a child. While adults often frame their own decision to forego life-sustaining treatment with thoughts that they have lived a good life, death in childhood can seem unfair because it robs the child of their opportunity to live a good or completed life. Much as we try, we cannot really imagine what a critically ill neonate experiences or desires. We have very little insight into Hal’s interests or subjective experience. Without direct access to the child’s experience, it is impossible to know whether, like an adult, a child would choose to allow death to occur. We cannot verify the claim that the child’s death was good in the sense that it was good for them. Wilkinson proposes that a prolonged dying process …. (shrink)

In this paper, we examine healthcare organizations’ responses to high profile cases of doctor–parent disagreement. We argue that, once a conflict crosses a certain threshold of public interest, the stakes of the disagreement change in important ways. They are no longer only the stakes of the child’s interests or who has decision‐making authority, but also the stakes of public trust in healthcare practitioners and organizations and the wide scale spread of medical misinformation. These higher stakes call for robust organization‐level responses. (...) There are responsible and thoughtful ways for healthcare organizations to directly engage with these cases. Hospitals should seek an alliance with the parents around the goal of public discussion and utilize web‐based platforms to provide the public with information about medical conditions, experimental treatments, and how clinical ethics deliberation in hospitals works. We outline five important lessons for healthcare organizations to keep in mind when responding to such cases. Approached with care, these cases could become “teachable moments” for both healthcare organizations and society. (shrink)

Humans naturally and effortlessly use a set of cognitive tools to reason about biological entities and phenomena. Two such tools, essentialist thinking and teleological thinking, appear to be early developmental cognitive defaults, used extensively in childhood and under limited circumstances in adulthood, but prone to reemerge under time pressure or cognitive load. We examine the nature of another such tool: anthropocentric thinking. In four experiments, we examined patterns of property attribution to a wide range of living and non-living objects, manipulating (...) time pressure, response type, and property in a total of 471 participants. Results showed no tendency toward increased similarity-based attribution patterns indicative of anthropocentric thinking under time pressure. However, anthropocentric thinking was consistently observed for unfamiliar properties. These findings suggest that anthropocentric thinking is not a developmentally persistent cognitive default, but rather a cognitive strategy deliberately employed in situations of uncertainty. (shrink)

Books reviewed:John Barton and John Muddiman, The Oxford Bible CommentaryLuke Timothy Johnson and William S. Kurz, The Future of Catholic Biblical Scholarship: A Constructive ConversationDavid R. Bauer, An Annotated Guide to Biblical Resources for MinistryDavid Martin, John Orme Mills and W. S. F. Pickering, Sociology and Theology: Alliance and ConflictRichard K. Fenn, The Return of the Primitive: A New Sociological Theory of ReligionJoseph Blenkinsopp, Treasures Old and New: Essays in the Theology of the PentateuchJohn Jarick, 1 ChroniclesMartin (...) Hengel, The Septuagint As Christian Scripture: Its Prehistory and the Problem of Its CanonTricia Gates Brown, Spirit in the Writings of John: Johannine Pneumatology in Social‐Scientific PerspectiveFrederick H. Cryer and Thomas L. Thompson, Qumran between the Old and New TestamentOtto Kaiser, The Old Testament Apocrypha: An IntroductionDavid A. deSilva, Introducing the Apocrypha: Message, Context, and SignificanceMarie E. Isaacs, Reading Hebrews and James: A Literary and Theological CommentaryUwe Michael Lang, Turning Towards the Lord: Orientation in Liturgical PrayerWendy E. Sproston North, The Lazarus Story within the Johannine TraditionAlan Kreider, The Origins of Christendom in the WestBernard Hamilton, The Christian World of the Middle AgesH. E. J. Cowdrey, Pope Gregory VII, 1073–1085G. R. Evans, The Medieval Theologians: An Introduction to Theology in the Medieval PeriodNicholas Vincent, The Holy Blood: King Henry III and the Westminster Blood RelicRichard Dutton, Alison Findlay and Richard Wilson, Theatre and Religion: Lancastrian ShakespeareHoward Kreisel, Prophecy: The History of an Idea in Medieval Jewish PhilosophyHeinz Halm, Shi'ism Carl W. Ernst, Rethinking Islam in the Contemporary WorldMark D. Meyerson and Edward D. English, Christians, Muslims, and Jews in Medieval and Early Modern Spain: Interaction and Cultural ChangeBruce Masters, Christians and Jews in the Ottoman Arab World: The Roots of SectarianismMatthew Dillon, Girls and Women in Classical Greek ReligionJane E. A. Dawson, The Politics of Religion in the Age of Mary, Queen of Scots: The Earl of Argyll and the Struggle for Britain and IrelandSteven Nadler, Spinoza: A LifeDabney Townsend, Hume's Aesthetic Theory: Taste and SentimentImmanuel Kant, Theoretical Philosophy after 1781Felicity McCutcheon, Religion Within the Limits of Language Alone: Wittgenstein on Philosophy and ReligionEmyr Vaughan Thomas, Wittgensteinian Values: Philosophy, Religious Belief and Descriptivist MethodologyTerry Nardin, The Philosophy of Michael OakeshottKirk Ludwig, Donald DavidsonMartin Heidegger, Off the Beaten TrackFrank Lambert, ‘Pedlar in Divinity’: George Whitefield and the Transatlantic RevivalsDeclan Marmion, A Spirituality Of Everyday Faith: A Theological Investigation of the Notion of Spirituality in Karl RahnerHugh Rayment‐Pickard, Impossible God: Derrida's TheologyJoseph Pearce, Old Thunder: A Life of Hilaire Belloc. (shrink)

“I often said before starting, that I had no doubt I should frequently repent of the whole undertaking.” So wrote Charles Darwin aboard The Beagle , bound for the Galapagos Islands and what would arguably become the greatest and most controversial discovery in scientific history. But the theory of evolution did not spring full-blown from the head of Darwin. Since the dawn of humanity, priests, philosophers, and scientists have debated the origin and development of life on earth, and with modern (...) science, that debate shifted into high gear. In this lively, deeply erudite work, Pulitzer Prize–winning science historian Edward J. Larson takes us on a guided tour of Darwin’s “dangerous idea,” from its theoretical antecedents in the early nineteenth century to the brilliant breakthroughs of Darwin and Wallace, to Watson and Crick’s stunning discovery of the DNA double helix, and to the triumphant neo-Darwinian synthesis and rising sociobiology today. Along the way, Larson expertly places the scientific upheaval of evolution in cultural perspective: the social and philosophical earthquake that was the French Revolution; the development, in England, of a laissez-faire capitalism in tune with a Darwinian ethos of “survival of the fittest”; the emergence of Social Darwinism and the dark science of eugenics against a backdrop of industrial revolution; the American Christian backlash against evolutionism that culminated in the famous Scopes trial; and on to today’s world, where religious fundamentalists litigate for the right to teach “creation science” alongside evolution in U.S. public schools, even as the theory itself continues to evolve in new and surprising directions. Throughout, Larson trains his spotlight on the lives and careers of the scientists, explorers, and eccentrics whose collaborations and competitions have driven the theory of evolution forward. Here are portraits of Cuvier, Lamarck, Darwin, Wallace, Haeckel, Galton, Huxley, Mendel, Morgan, Fisher, Dobzhansky, Watson and Crick, W. D. Hamilton, E. O. Wilson, and many others. Celebrated as one of mankind’s crowning scientific achievements and reviled as a threat to our deepest values, the theory of evolution has utterly transformed our view of life, religion, origins, and the theory itself, and remains controversial, especially in the United States (where 90% of adults do not subscribe to the full Darwinian vision). Replete with fresh material and new insights, Evolution will educate and inform while taking readers on a fascinating journey of discovery. (shrink)

Discovering Eve: Ancient Israelite Women in Context. By Carol Meyers.Wives, Harlots and Concubines. By Alice L. Laffey.Jonah. A Psycho‐Religious Approach to the Prophet. By Andre LaCocque and Pierre‐Emmanuel Lacocque.The Temptation and the Passion: The Markan Soteriology, Second Edition. By Ernest Best.Theios Aner and the Markan Miracle Traditions: A Critique of the ‘Theios Aner’Concept as an Interpretative Background of the Miracle Traditions used by Mark. By Barry Blackburn.The Shepherd Discourse of John 10 and its Context: Studies by Members of the (...) Johannine Writings Seminar. Edited with introduction by Johannes Beutler, S.J., and Robert T. Fortna.The Epistle to the Hebrews: A Commentary on the Epistle to the Hebrews. By Harold W. Attridge, edited by Helmut Koester.Structure and Message of the Epistle to the Hebrews. By Albert Vanhoye, translated by James Swetnam.Religious Pluralism and Unbelief: Studies Critical and Comparative. Edited by Ian Hamnett.7he Uniqueness of Christ in the 7heocentric Model of the Christian Theology of World Religions: An Elaboration and Evaluation of the Position ofJohn Hick. By Gregory H. Carruthers.The Jewish Roots of Christian Liturgy. Edited by Eugene J. Fisher.Women, Religion and Sexuuliry: Studies on the Impact of Religious Teachings on Women. Edited by Jeanne Becher.In Whose Image? God and Gender. By Jann Aldredge Clanton.Women Towards Priesthood: Ministerial Politics and Feminist Praxis. By Jacqueline Field‐Bibb.Afrer Eve: Women, Theology and the Christian Tradition. Edited by J. Martin Soskice.Karl Barth: Biblical and Evangelical Theologian. By Thomas F. Torrance.Theology und Dialogue: Essay in Conversation with George Lindbeck. Edited by Bruce D. Marshall.From Theology to Social Theory: Juan Luis Segundo and the Theology of Liberation. By Marsha Aileen Hewitt.Liberation Theology at the Crossroads: Democracy or Revolution. By Paul E. Sigmund.Global Responsibility: In Search of a New World Ethic. By Hans Kung.Marxism, Moralig and Social Justice. By R. G. Peffer.The Political Philosophy of the British Idealists. By Peter P. Nicholson.The Political Philosophy of Michael Oakeshott. By Paul Franco.Divine Action. By Keith Ward.Free Willand the Christian Faith. By W. S. Anglin.Tracrurian Semantics: Finding Sense in Wirrgetisrein's ‘Tractatus’. By Peter Carruthers.The Metaphyics of the ‘Tracratus’. By Peter Carruthers.Realism with a Human Face. By Hilary Putnam.Explanation and its Limits. Edited by Dudley Knowles.Mencius and Aquinas: Theories of Virtue and Conceptions of Courage. By Lee H. Yearly.Hobbes. By Richard Tuck.Freedom and the End of Reason: On the Moral Foundation of Kant's Critical Philosophy. By Richard L. Velkley.Reason in Religion: The Foundarions of Hegel's Philosophy of Religion. By Walter Jaeschke.International Kierkegaard Commentary, VoL 13: The Corsair Affair. Edited by Robert L. Perkins.Ssren Kierkegaard: ‘Eighteen Upbuilding Discourses’. Edited by Howard V. Hong and Edna H. Hong.Lonergan Workshop, Volume 6. Edited by Fred Lawrence.Holy City, Holy Places: Christian Attitudes to Jerusalem and the Holy Land in the Fourth Century. By P. W. L. Walker.Politics, Poetics and Hermeneutics in Milton s Prose. Edited by David Loewenstein and James Grantham Turner.Beauty and Holiness: The Dialogue between Aesthetics and Religion. By James Alfred Martin.Science Deified & Science Defied: The Historical Significance of Science in Western Culture. Volume 2: From the Earl? Modern Age through the Romantic Era ca. 1640 to ca. 1820. By Richard Olson.The Vatican and Zionism: Conflict in the Holy Land, 1895‐1925. By Sergio I. Minerbi.The Social Dimensions of Sectarianism: Sects and New Religious Movements Contemporary Society. By Bryan Wilson.Confessor between East and West: A Portrait of Ukrainian Cardinal Josyf Slipyj. By Jaroslav Pelikan. (shrink)

The inaugural title in the new, Open Access series BSPS Open, The Material Theory of Induction will initiate a new tradition in the analysis of inductive inference. The fundamental burden of a theory of inductive inference is to determine which are the good inductive inferences or relations of inductive support and why it is that they are so. The traditional approach is modeled on that taken in accounts of deductive inference. It seeks universally applicable schemas or rules or a single (...) formal device, such as the probability calculus. After millennia of halting efforts, none of these approaches has been unequivocally successful and debates between approaches persist. The Material Theory of Induction identifies the source of these enduring problems in the assumption taken at the outset: that inductive inference can be accommodated by a single formal account with universal applicability. Instead, it argues that that there is no single, universally applicable formal account. Rather, each domain has an inductive logic native to it. Which that is, and its extent, is determined by the facts prevailing in that domain. Paying close attention to how inductive inference is conducted in science and copiously illustrated with real-world examples, The Material Theory of Induction will initiate a new tradition in the analysis of inductive inference. (shrink)

An infinite lottery machine is used as a foil for testing the reach of inductive inference, since inferences concerning it require novel extensions of probability. Its use is defensible if there is some sense in which the lottery is physically possible, even if exotic physics is needed. I argue that exotic physics is needed and describe several proposals that fail and at least one that succeeds well enough.

Part I. Gnosticism and other religious movements of antiquity -- part II. Crossing boundaries : Gnosticism and Platonism.

"This is a remarkable book: wide-ranging, resonant, and well-written; it is also reflective and personable, warm and engaging." —Philosophy and Literature "With this book Caputo takes his place firmly as the foremost American, continental post-modernist... " —International Philosophical Quarterly "One cannot but be impressed by the scope of Radical Hermeneutics." —Man and World "Caputo’s study is stunning in its scope and scholarship." —Robert E. Lauder, St. John’s University, The Thomist For John D. Caputo, hermeneutics means radical thinking without (...) transcendental justification: attending to the ruptures and irregularities in existence before the metaphysics of presence has a chance to smooth them over. Radical Hermeneutics forges a closer collaboration between hermeneutics and deconstruction than has previously been attempted. (shrink)

iinstein oered the prin™iple of gener—l ™ov—ri—n™e —s the fund—ment—l physi™—l prin™iple of his gener—l theory of rel—tivityD —nd —s responsi˜le for extending the prin™iple of rel—tivity to —™™eler—ted motionF „his view w—s disputed —lmost immedi—tely with the ™ounterE™l—im th—t the prin™iple w—s no rel—tivity prin™iple —nd w—s physi™—lly v—™uousF „he dis—greeE ment persists tod—yF „his —rti™le reviews the development of iinstein9s thought on gener—l ™ov—ri—n™eD its rel—tion to the found—tions of gener—l rel—tivity —nd the evolution of the ™ontinuing de˜—te (...) over his viewpointF.. (shrink)

The essays in this volume are concerned with our everyday and developed scientific systems of explanation of human behavior in terms of beliefs, attitudes,...

Ever since Copernicus, scientists have continually adjusted their view of human nature, moving it further and further from its ancient position at the center of Creation. But in recent years, a startling new concept has evolved that places it more firmly than ever in a special position. Known as the Anthropic Cosmological Principle, this collection of ideas holds that the existence of intelligent observers determines the fundamental structure of the Universe. In its most radical version, the Anthropic Principle asserts that (...) "intelligent information-processing must come into existence in the Universe, and once it comes into existence, it will never die out." This wide-ranging and detailed book explores the many ramifications of the Anthropic Cosmological Principle, covering the whole spectrum of human inquiry from Aristotle to Z bosons. Bringing a unique combination of skills and knowledge to the subject, John D. Barrow and Frank J. Tipler--two of the world's leading cosmologists--cover the definition and nature of life, the search for extraterrestrial intelligence, and the interpretation of the quantum theory in relation to the existence of observers. The book will be of vital interest to philosophers, theologians, mathematicians, scientists, and historians, as well as to anyone concerned with the connection between the vastness of the universe of stars and galaxies and the existence of life within it on a small planet out in the suburbs of the Milky Way. (shrink)

In these spirited essays, John D. Caputo continues the project he launched with Radical Hermeneutics of making hermeneutics and deconstruction work together.

Standard descriptions of thermodynamically reversible processes attribute contradictory properties to them: they are in equilibrium yet still change their state. Or they are comprised of non-equilibrium states that are so close to equilibrium that the difference does not matter. One cannot have states that both change and no not change at the same time. In place of this internally contradictory characterization, the term “thermodynamically reversible process” is here construed as a label for a set of real processes of change involving (...) only non-equilibrium states. The properties usually attributed to a thermodynamically reversible process are recovered as the limiting properties of this set. No single process, that is, no system undergoing change, equilibrium or otherwise, carries those limiting properties. The paper concludes with an historical survey of characterizations of thermodynamically reversible processes and a critical analysis of their shortcomings. (shrink)