Those—other social scientists as well as laymen—who have read recent studies of national character and culture by anthropologists, while not having had experience in this field themselves, often seem to believe that the results which such anthropological investigators obtain are interesting, but that the methods used were intuitional, magical, or just invisible. The status of the work is cast in doubt, as falling short of an ideal that scientific description and analysis must be reproducible by any observer to whom a (...) set of techniques of the discipline has been communicated. This paper attempts to show why and how such a belief is erroneous, and then to describe some of the fundamentals of method in current cultural anthropology as used in research and as related to the general structure of scientific method today. (shrink)

Between Deleuze and Derrida is the first book to explore and compare the work of Gilles Deleuze and Jacques Derrida, two leading philosophers of French post-structuralism. This is done via a number of key themes, including the philosophy of difference, language, memory, time, event, and love, as well as relating these themes to their respective approaches to Philosophy, Literature, Politics and Mathematics. Contributors: Eric Alliez, Branka Arsic, Gregg Lambert, Leonard Lawlor, Alphonso Lingis, Tamsin Lorraine, Jeff Nealon, Paul Patton, Arkady (...) Plotnitsky, John Protevi, Daniel W. Smith. (shrink)

Before commenting on the papers from a recent interdisciplinary gathering of scholars from China, Japan, Korea, and Taiwan, a case is made for regional academia conversations today, because international conferences, especially in the humanities and social sciences, are still dominated by “Western” traditions, discourse, and protocols. After touching on the relative stability or variability of phenomena and procedures in the natural sciences, humanities, and social sciences, political and cultural questions are considered along with some of the ongoing consequences of the (...) East Asian adoption of the European model of the modern research university. (shrink)

In the face of the anthropogenic threats to the singular planetary habitat we share with other human beings and non-human species, humanities scholars feel a renewed sense of urgency 1) to acknowledge the ways our species has funded particular histories of environmental exploitation, alienation, and collapse, 2) to unpack inherited assumptions that impact our views of nature and interspecies relations, and 3) to suggest ways of thinking and acting that seek to repair the damage and promote mutual flourishing for all (...) of earth inhabitants. This volume brings together scholars in philosophy, theology, and religion who take up this urgent ethical task from a broad range of perspectives and locations. (shrink)

At home and abroad, Kagawa Toyohiko was probably the best-known Japanese Christian evangelist, social reformer, writer, and public intellectual of the twentieth century, nominated for the Nobel Prize in Literature twice and the Nobel Peace Prize three times. Appealing to the masses with little knowledge of Christian faith, Kagawa believed that a positive, religio-aesthetic interpretation of nature and science was a key missiological concern in Japan. He reasoned that a faith rooted in the kenotic movement of incarnation and self-giving must (...) strongly support the scientific quest. A voracious reader of science and especially biology, he argues for “directionality,” or what he calls “initial purpose” in the long, painful, cosmic journey from matter to life to mind. Through an antireductionistic, a posteriori methodological pluralism that sought to “see all things whole,” this “scientific mystic” employed Christian, Buddhist, Neo-Confucian, personalist, and vitalist ideas to envision complementary roles for science and religion in modern society. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Published one year after Forget Foucault, In the Shadow of the Silent Majorities may be the most important sociopolitical manifesto of the twentieth century: it calls for nothing less than the end of both sociology and politics. Disenfranchised revolutionaries hoped to reach the masses directly through spectacular actions, but their message merely played into the hands of the media and the state. In a media society meaning has no meaning anymore; communication merely communicates itself. Jean Baudrillard uses this last outburst (...) of ideological terrorism in Europe to showcase the end of the "Social." Once invoked by Marx as the motor of history, the masses no longer have sociological reality. In the electronic media society, all the masses can do--and all they will do--is enjoy the spectacle. In the Shadow of the Silent Majorities takes to its ultimate conclusion the "end of ideologies" experienced in Europe after the Soviet invasion of Hungary and the death of revolutionary illusions after May 1968. Ideological terrorism doesn't represent anything anymore, writes Baudrillard, not even itself. It is just the last hysterical reaction to discredited political illusions. (shrink)

Researchers from across the social sciences have found consistent deviations from the predictions of the canonical model of self-interest in hundreds of experiments from around the world. This research, however, cannot determine whether the uniformity results from universal patterns of human behavior or from the limited cultural variation available among the university students used in virtually all prior experimental work. To address this, we undertook a cross-cultural study of behavior in ultimatum, public goods, and dictator games in a range of (...) small-scale societies exhibiting a wide variety of economic and cultural conditions. We found, first, that the canonical model – based on self-interest – fails in all of the societies studied. Second, our data reveal substantially more behavioral variability across social groups than has been found in previous research. Third, group-level differences in economic organization and the structure of social interactions explain a substantial portion of the behavioral variation across societies: the higher the degree of market integration and the higher the payoffs to cooperation in everyday life, the greater the level of prosociality expressed in experimental games. Fourth, the available individual-level economic and demographic variables do not consistently explain game behavior, either within or across groups. Fifth, in many cases experimental play appears to reflect the common interactional patterns of everyday life. Key Words: altruism; cooperation; cross-cultural research; experimental economics; game theory; ultimatum game; public goods game; self-interest. (shrink)

We would like to thank the commentators for their generous comments, valuable insights and helpful suggestions. We begin this response by discussing the selfishness axiom and the importance of the preferences, beliefs, and constraints framework as a way of modeling some of the proximate influences on human behavior. Next, we broaden the discussion to ultimate-level (that is evolutionary) explanations, where we review and clarify gene-culture coevolutionary theory, and then tackle the possibility that evolutionary approaches that exclude culture might be sufficient (...) to explain the data. Finally, we consider various methodological and epistemological concerns expressed by our commentators. (shrink)

In recent years, a number of articles have appeared in the nursing literature proposing that the branch of modern physics known as quantum theory offers insights that may be useful in nursing practice and healthcare management. This paper critiques this literature in the light of key concepts in quantum theory. The conclusion is that quantum theory has been misunderstood and misapplied within the nursing journals. Quantum theory is essentially mathematical and is based on quantitative experimentation. To successfully apply this theory (...) to nursing practice, nurses will have to equip themselves with the necessary mathematical and experimental skills. (shrink)

One way to characterise the difference between analytic and Continental political philosophy concerns the different roles played by normative and descriptive analysis in each case. This article argues that, even though Michel Foucault’s genealogy of liberal and neoliberal governmentality and John Rawls’s political liberalism involve different articulations of normative and descriptive concerns, they are complementary rather than antithetical to one another. The argument is developed in three stages: first, by suggesting that Foucault offers a way to conceive of public (...) reason as a historical phenomenon. Second, it is suggested that both Rawls and Foucault allow us to consider rights as historical and particular rather than a-historical and universal. Third, it is argued that Foucault’s genealogy of modern liberal government illuminates some of the tensions and some of the alternatives within the liberal tradition in relation to the concept of political legitimacy. (shrink)

This article examines the linguistic aspects of post-structuralist and liberal pragmatist political theory. It analyses the differences and similarities between post-structuralist philosophy and liberal political theory. It explores the egalitarian and democratic presuppositions of post-structuralist critical strategies and the non-metaphysical and historical conception of liberalism that we find in the late Rawls. It also discusses the relevant works of Jacques Derrida, Richard Rorty, and John Rawls.

This volume contains thirteen papers that were presented at the 2017 Annual Meeting of the Canadian Society for History and Philosophy of Mathematics/Société canadienne d’histoire et de philosophie des mathématiques, which was held at Ryerson University in Toronto. It showcases rigorously reviewed modern scholarship on an interesting variety of topics in the history and philosophy of mathematics from Ancient Greece to the twentieth century. A series of chapters all set in the eighteenth century consider topics such as John Marsh’s (...) techniques for the computation of decimal fractions, Euler’s efforts to compute the surface area of scalene cones, a little-known work by John Playfair on the practical aspects of mathematics, and Monge’s use of descriptive geometry. After a brief stop in the nineteenth century to consider the culture of research mathematics in 1860s Prussia, the book moves into the twentieth century with an examination of the historical context within which the Axiom of Choice was developed and a paper discussing Anatoly Vlasov’s adaptation of the Boltzmann equation to ionized gases. The remaining chapters deal with the philosophy of twentieth-century mathematics through topics such as an historically informed discussion of finitism and its limits; a reexamination of Mary Leng’s defenses of mathematical fictionalism through an alternative, anti-realist approach to mathematics; and a look at the reasons that mathematicians select specific problems to pursue. Written by leading scholars in the field, these papers are accessible to not only mathematicians and students of the history and philosophy of mathematics, but also anyone with a general interest in mathematics. (shrink)

What is the origin of the concept of a law of nature? How much does it owe to theology and metaphysics? To what extent do the laws of nature permit contingency? Are there exceptions to the laws of nature? Is it possible to give a reductive analysis of lawhood, or is it a primitive? -/- Twelve brand-new essays by an international team of leading philosophers take up these and other central questions on the laws of nature, whilst also examining some (...) of the most important intuitions and assumptions that have guided the debate over laws of nature since the concept's invention in the seventeenth century. -/- Laws of Nature spans the history of philosophy and of science, contemporary metaphysics, and contemporary philosophy of science. Contents: 1. Intuitions and Assumptions in the Debate over Laws of Nature, Walter Ott and Lydia Patton 2. Early Modern Roots of the Philosophical Concept of a Law of Nature, Helen Hattab 3. Laws of Nature and the Divine Order of Things: Descartes and Newton on Truth in Natural Philosophy, Mary Domski 4. Leges sive natura: Bacon, Spinoza, and a Forgotten Concept of Law, Walter Ott 5. Laws and Powers in the Frame of Nature, Stathis Psillos 6. Laws and Ideal Unity, Angela Breitenbach 7. Becoming Humean, John W. Carroll 8. A Perspectivalist Better Best System Account of Lawhood, Michela Massimi 9. Laws: An Invariance Based Account, James Woodward 10. How the Explanations of Natural Laws Make Some Reducible Physical Properties Natural and Explanatorily Powerful, Marc Lange 11. Laws and their Exceptions, Stephen Mumford 12. Are laws of nature consistent with contingency?, Nancy Cartwright and Pedro Merlussi. (shrink)

This paper explores possible important relationships and sympathies between Amartya Sen’s Capabilities Approach framework for understanding the human condition and the educational ideas of John Dewey and Paolo Freire. All three focus on the importance of democratic values in a fair, well-functioning society, while Sen and Freire especially explore the difficulties and possibilities of oppressed populations. Sen suggests that all humans have a right to choice in determining their life trajectories and should be provided with the tools that allow (...) them to flourish. Both education and democratic values play important roles in creating the types of context that allow individuals and communities to recognize a wide array of human capabilities. We suggest here that the theories of Dewey and Freire offer avenues through educational processes for developing these contexts for expanded human capability. Dewey suggests an educational approach that stresses democratic values and the ability and willingness of individuals to reach out towards new possibilities. Freire stresses the idea of praxis playing a central role in education—a focus on the cycle of everyday action, reflection, and re-creation of action that leads to productive changes in life trajectories. We argue that Sen, Dewey, and Freire together help to offer a new way of understanding education in the twenty-first century. (shrink)

In the September-October 2001 issue of the Hastings Center Report, editor Gregory Kaebnick encouraged bioethicists to turn their attention toward “easily overlooked, relatively little-talked-about societal topics” such as race. In 2000 the president of the American Society for Bioethics had called for a more socially conscious bioethics. Race was risky territory, Kaebnick pointed out, but this challenge did not justify avoidance. Over the next fifteen years, the response to this editor's invitation to examine the racial dimensions of medicine in (...) the Report was limited both in quantity and in terms of the range of topics covered. All told, the bioethics community has not responded to the editor's call for bioethicists to engage with the racial dimension of medicine, and the Report has not really come through on the tacit commitment made in 2001. The lack of interest in race matters evidenced in the Report as well as the American Journal of Bioethics has also prevailed in medical humanities journals, whose few pieces on race have tended to remove race relations from our current realities in two ways: some articles locate medical racism in the American past or in colonial Africa, while others analyze the medical disorders of fictional characters. Bioethicists have not embraced the opportunity to create a sociologically and historically informed bioethics that might be applied to the lives of black Americans and their unending health crisis. (shrink)

Book reviewed in this article: The Abuse of Casuistry: A History of Moral Reasoning. By Albert R. Jonsen and Stephen Toulmin.

In lieu of an abstract, here is a brief excerpt of the content:Clinical Bioethics at NIH:History and A New VisionJohn C. Fletcher (bio)On July 3, 1995, Dr. John I. Gallin, Director of the Magnuson Clinical Center of the National Institutes of Health (NIH), convened a one-day "Conference on the Future of Clinical Bioethics at the National Institutes of Health Intramural Program." Conferees included NIH officials and a panel of consultants from bioethics programs around the nation.1 The subject was the (...) future of NIH's intramural bioethics program and specifically a vision of a new multi-component program, presented by Dr. Gallin, the first speaker. Dr. Harold Varmus, Director of NIH, was there to assure his support for Dr. Gallin's vision. This author, honored to be second speaker, was invited to sketch a brief history of bioethics at NIH. The present article reviews some of this history and then reports on Dr. Gallin's proposal, points of consensus among speakers and conferees, and the search for a Chief of the Clinical Bioethics Program.History of Bioethics at NIHIt is often said that NIH is a well-kept secret as the nation's leading biomedical research facility. Also, few people know that NIH has a long history in bioethics. Some key events in that history are shown in Figure 1, beginning with two that occurred prior to the birth of bioethics. NIH made an early policy response to protect human subjects of research and to find acceptable limits for scientific freedom. The Clinical Center (CC), a 550-bed research hospital, opened in 1953. A subcommittee of the Medical Board, the Clinical Research Committee (CRC), was formed for prior group review of all studies with normal volunteers. The traditional practice was for researchers themselves to decide when studies would begin, which subjects to recruit, and whether informed consent would be sought. The CRC intervention bit into this tradition. In addition, patient studies that posed significant risks or departed widely from medical practice were reviewed by referral from the Clinical Directors of the various Institutes. Was this CRC an early institutional review [End Page 355] board (IRB)? As a guest researcher, I was permitted to observe the CRCs meetings between 1966 and 1969. It functioned much like an IRB but had no community or non-scientist members. Other IRB-like review groups undoubtedly existed prior to the CRC. Robert Levine (personal communication, September 7, 1995) recalls that Beth Israel Hospital in Boston had one in 1938. Historical research is clearly needed on the earliest forms of research review.Table 1. Bioethics at NIHEventYearClinical Research Committee1953Surgeon-General's PPO #1291966NIGMS funds Hastings Genetics Group1973OPRR's Mission1974NLM's grant to KennedyInstitute for Bibliography of Bioethics1974Recombinant DNA Advisory Committee1974STEP Series Bioethics Speakers1975Pre-IRBs at the CC1975-76Assistant for Bioethics to Director, CC1977RAC-Human Gene Therapy Subcommittee1983Lipsett Proposal (ICD)1983Liaison Group, CC1983Bioethics Program, CC1985Durable Power of Attorney for Researchwith Incapacitated Subjects1985-86NLM funds National Reference Centerfor Bioethics Literature1985National Institute for Nursing Research1986Bioethics Post-Doctoral Fellows Program1989ELSI Program1989Bioethicists on CC-IRBs1989CC-Ethics Committee1990Office of Human Subjects Research1992 [End Page 356]Between 1963 and 1967, the media exposed instances of ethically troubling research, and Beecher (1966) and Pappworth (1967) published sharp criticisms of the weak state of research ethics. In 1966, Surgeon-General William Stewart and NIH Director James Shannon issued a policy requiring local group review of all research involving human subjects before making an application for NIH peer review (Surgeon General 1966). The policy was the first in any nation to mandate ethics committees for clinical research. However, it did not apply to the NIH intramural program until Congress passed the National Research Act in 1974 (Public Law 93-348; 202, 88 Stat. 342, 1974). This lag permitted NIH intramural investigators the luxury of feeling above the norms imposed on ordinary mortals and guaranteed more resistance to the inevitable change to come. Resistance to change marked the intramural program from the mid-1960s to the mid-1970s... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 4.1 (1997) 91-93 Concurrent Contents: Recent and Classic References at the Interface of Philosophy, Psychiatry, and Psychology Articles Allen, J. F., J. Hallperin, and R. Friend. 1985. Removal and diversion tactics and the control of auditory hallucinations. Behavior Research and Therapy 23:601-605.Baker, H. D. 1995. Psychoanalysis and ideology: Bakhtin, Lacan, and Zizek. History of European Ideas 20:499-504.Bernet, R. 1994. Derrida-Husserl-Freud: The trace of transference. Southern (...) Journal of Philosophy 32 suppl.:141-158.Boden, M. A. 1996. Commentary on "Towards a design-based analysis of emotional episodes." Philosophy, Psychiatry, & Psychology 3, no. 2:135-136.Castelfranchi, C., and M. Miceli. 1996. Commentary on "Towards a design-based analysis of emotional episodes." Philosophy, Psychiatry, & Psychology, no. 2:129-133.Fowes, B. J., and F. C. Richardson. 1996. Why is multiculturalism good? American Psychologist 51, no. 6:609-621.Frith, C. 1996. Commentary on "Free will in the light of neuropsychiatry." Philosophy, Psychiatry, & Psychology 3, no. 2:91-93.Forde, R. 1996. Inclusion of psychosocial conditions in clinical practice and the problem of medicalization. Theoretical Medicine 17, no. 2:151-161.Gaylin, W., and D. Doukas. 1995. The second-hand suicide threat. Hastings Center Report 25:20-22.Gillet, G. 1995. Consciousness, thought, and neurological integrity. Journal of Mind and Behavior 16, no. 3:215-233.Haskell, R. E. 1993. Realpolitik in the addictions field: Treatment-professional, popular-culture ideology, and scientific research. Journal of Mind and Behavior 14, no. 3:257-276.Kuys, T. 1995. The tally argument again. Methodological Science 28, nos. 2-3:43-55.Lear, J. 1995. The heterogeneity of the mental: Sebastian Gardner's irrationality and the philosophy of psychoanalysis. Mind: A Quarterly Review of Psychology and Philosophy 104:863-879.Libet, B. 1996. Commentary on "Free will in the light of neuropsychiatry." Philosophy, Psychiatry, & Psychology 2, no. 3:95-96.Lloyd, D. 1996. Commentary on "Toward a design-based analysis of emotional episodes." Philosophy, Psychiatry, & Psychology 3, no. 2:127-128.Pepper-Smith, R., W. R. C. Harvey, and M. Silberfeld. 1996. Competency and practical judgment. Theoretical Medicine 17, no. 2:135-150. [End Page 91]Spence, S. A. 1996a. Free will in the light of neuropsychiatry. Philosophy, Psychiatry, & Psychology 3, no. 2:75-90.------. 1996b. Response to the commentaries. Philosophy, Psychiatry, & Psychology 3, no. 2:99-100.Stein, D. J. 1996. The philosophy of psychopathy. Perspectives in Biology and Medicine 39:569-580.Stephens, G. L. 1996. Commentary on "Free will in the light of neuropsychiatry." Philosophy, Psychiatry, & Psychology 3, no. 2:97-98.Varela, C. R. 1995. Ethnogenic theory and psychoanalysis: The unconscious as a social construction and a failed explanatory concept. Journal for the Theory of Social Behavior 25:4.Weisberger, A. M. 1995. The ethics of the broader usage of Prozac: Social choice or social bias? International Journal of Applied Philosophy 10, no. 1:69-74.Wright, I., A. Sloman, and L. Beaudoin. 1996a. Response to the commentaries. Philosophy, Psychiatry, & Psychology 3, no. 2:137.------. 1996b. Towards a design-based analysis of emotional episodes. Philosophy, Psychiatry, & Psychology 3, no. 2:101-126. Books American Psychiatric Association. Task Force on Consent to Voluntary Hospitalization. 1993. Consent to voluntary hospitalization. Washington, DC: American Psychiatric Association.Christiansen, H. D. 1972. Ethics in counseling: Problem situations. Tucson: University of Arizona Press.Clark, P., and C. Wright, eds. 1988. Mind, psychoanalysis and science. New York: Blackwell.Comerchero, V., ed. 1970. Values in conflict: Christianity, marxism, psychoanalysis, existentialism. New York: Appleton-Century-Crofts.Epstein, R. S. 1994. Keeping boundaries: Maintaining safety and integrity in the psychotherapeutic process. Washington, DC: American Psychiatric Press.Fairbairn, G. J. 1995. Contemplating suicide: The language and ethics of self harm. New York: Routledge.Grubb, A., ed. 1991. Decision-making and problems of incompetence. New York: John Wiley & Sons.Haas, L. J., and J. L. Malouf. 1995. Keeping up the good work: A practitioner's guide to mental health ethics. 2nd ed. Sarasota: Professional Resource Exchange.Hacking, I. 1995. Rewriting the soul: Multiple personality and the sciences of memory. Princeton: Princeton University... (shrink)

The Surfactant, Positive Pressure, and Oxygenation Randomized Trial (SUPPORT) has been the focal point of many different criticisms regarding the ethics of the study ever since publication of the trial's findings in 2010 and 2012. In this article, we focus on a concern that the technical design and implementation details of the study were ethically flawed. While the federal Office Human Research Protections focused on the consent form, rather than on the study design and implementation, OHRP's critiques of the consent (...) form reveal views about the study design and implementation that we believe are fundamentally flawed. These criticisms about the design and implementation of SUPPORT, if generalized, become relevant concerns about these aspects of many comparative effectiveness research studies.Our analytical approach will be to use SUPPORT as a prime example of comparative effectiveness research and show why it challenges some prevailing assumptions about the riskiness of research. We will address five aspects of the study design and implementation: 1) randomization, 2) treatment by protocol, 3) choice of endpoints, 4) lack of a “standard care” control group, and 5) the use of altered oximeters. Examining these aspects will allow us to answer two specific central questions. The first is a methodological question with ethical implications: was the study designed in such a way as to answer the primary study question? The second question is whether the study design added or decreased risk to the babies enrolled in the study compared to babies who were not in the study. (shrink)

Bioethicists’ attraction to principlism is rooted in a Western view of how matters that affect the public ought to be deliberated and decided: their resolution ought to be so structured and constrained that it can be understood and verified even by those at a remove from the circumstances of the problem. That view of deliberation, itself fostered by the Western view of government, has encouraged principlism to spread from its source in human subjects research into other areas of bioethics discourse.

The scarcity of vital organs has prompted several calls to either modify the dead donor rule or interpret it more broadly. Given its symbolic importance, however, the rule should be changed only cautiously.

Participants in AIDS research may justify noncompliance with protocols by a “coercion defense.” While this defense may not be philosophically successful, a prudent social policy can enhance compliance by encouraging community participation and providing greater access to non‐validated therapies.

A commentary on “Were There ‘Additional Foreseeable Risks’ in the SUPPORT Study?,” by Henry J. Silverman and Didier Dreyfuss; “SUPPORT: Risks, Harms, and Equipoise,” by Robert M. Nelson; “The Controversy over SUPPORT Continues and the Hyperbole Increases,” by Alan R. Fleischman; and “SUPPORT and Comparative Effectiveness Trials: What's at Stake?,” by Lois Shepherd, all in the January‐February 2015 issue.

Better public health and medicine have given us a new kind of death and with it, a new fear – the fear that death will come too late and take too long. The generation that is dying now is largely unprepared for this new kind of death, for traditionally, people have always tried to avoid or postpone death. But if we are to avoid a bad death – too slow and too late – many of us with access to 21st (...) century medicine will need to develop a very new art, the art of going to meet death. We will need the wisdom to discern when our lives are over, sometimes even without medical indicators such as a terminal or chronic illness. Then we will need the skill to wrap things up, both within ourselves and with our loved ones, and finally, the courage, decisiveness and resolution to take steps to end our lives. (shrink)

Hastings Center Report, Volume 52, Issue 2, Page 14-20, March‐April 2022.

In most Western European countries and North America, strategies to contain the spread of AIDS have emphasized civil liberties. This may be due more to the epidemiology of the disease than to moral progress.

Among various kinds of disclosures typically required in research as well as in clinical scenarios, risk information figures prominently. A key question is, what kinds of risk information would the reasonable person want to know? I will argue, however, that the reasonable person construct is and always has been incapable of settling this very question. After parsing the nebulous if not “contentless” character of the reasonable person, I will explain how Western courts have actually adjudicated cases of “negligent nondisclosure,” that (...) is, cases in which patient‐plaintiffs allege that their informed consent rights were violated by the failure of their health providers to inform them of reasonably foreseeable risks that subsequently materialized. To support my argument, I will scrutinize the landmark decision by the United Kingdom's Supreme Court in Montgomery v. Lanarkshire Health Board and, in particular, Justice Brenda Hale's concurrence. (shrink)

Advance directives such as living wills are attractive in that they give us a sense of control over our futures. But they also tend to obscure conflicts between a patient's competent wishes and later, incompetent interests. They allow caregivers to avoid evaluating quality of life in assessing the best interests of incompetent patients.

Voluntary, employment‐based insurance is afflicted by a variety of internal imbalances: inequities in the way health insurance is paid for, a conflict of interest in the selection of health insurance, the concentration of the healthy and the sick into separate plans, and free‐ridership. But while all these imbalances generate severe problems, those seeking to reform health insurance in the United States should concentrate on the last two.

Current federal policy, as reflected in the final Baby Doe rule, will have a chilling effect on the ability of doctors to care appropriately for severely disabled infants. The policy threatens to prolong life unjustifiably for such infants. It will force physicians to violate a duty to do no harm without compensating benefit. And it raises serious problems for the just distribution of health care.