Individuals sometimes do things that they know will violate the terms of a statute. Most scholars deny that such actions are always morally wrong, but a coherent theoretical account of the relationships between 1) moral obligation, 2) legal obligation, and 3) criminal wrongdoing that can robustly classify hard cases has been elusive. This article starts with a Kantian account of the relationship between law and morality, and it proposes two closely related standards: one for legal obligation, and another for criminal (...) wrongdoing. It then tests the plausibility and resilience of these standards by using them to generate illuminating new analyses of classic hypothetical cases involving alleged crimes committed under circumstances of necessity. These analyses offer reason to believe that the standards proposed in this article can anchor a Kantian theory of criminal responsibility that is simultaneously rigorous and humane. (shrink)

ABSTRACTThere are two distinct types of legal wrongdoing: civil and criminal. This article demonstrates in three ways that Immanuel Kant's Universal Principle of Right, properly interpreted, offers a plausible and resilient account of this important distinction. First, Kant's principle correctly identifies attempted crimes as crimes themselves even when they do not violate the rights of any individual. Second, it justifies our treatment of reckless endangerment as a crime by distinguishing it from ordinary negligence, traditionally thought to be only civilly wrong. (...) Third, it explains and justifies differences between the features of traditional criminal punishments and the features of civil remedies. Moreover, the Universal Principle of Right yields a Kantian standard for criminal wrongdoing that is compelling enough to inform future philosophical inquiries into the nature and limits of the state's criminal lawmaking authority. (shrink)

This article develops an account of the nature and limits of the state’s legislative authority that closely attends to the challenge of harmonizing Kant’s ethical and juridical theories. It clarifies some key Kantian concepts and terms, then explains the way in which the state’s three interlocking authorities – legislative, executive, and judicial – are metaphysically distinct and mutually dependent. It describes the emergence of the Kantian state and identifies the preconditions of its authority. Then it offers a metaphysical model of (...) the Kantian state and uses it to argue that the activity of juridical lawgiving is an act of the omnilateral will itself. Legislative authority is limited in the sense that it does not include the capacity to create juridical laws that are conceptually incompatible with the idea of universal external freedom. I argue that my proposed account of the legislative authority is wholly consistent with that authority’s exclusive lawgiving capacity and does not threaten the possibility of ‘distributive justice’ – the legal finality that is the sine qua non of a civil condition. (shrink)

The sudden emergence of the COVID-19 pandemic brought global disruption to every aspect of society including healthcare, supply chain, the economy, and social interaction. Among the many emergent considerations were the safety and public health of the public, patients, essential workers, and healthcare professionals. In certain locations, clinical research was halted—or terminated—in deference to the immediate needs of patient care, and clinical trials focusing on the treatment and prevention of coronavirus infection were prioritized over studies focusing on other diseases. Difficult (...) decisions were made rapidly; flexibility and reconsideration were necessary not only because the intensity and severity of infection varied over time and by locale but also because knowledge of the disease and understanding of its treatment grew. Here we discuss the ethical challenges in decision-making and competing ethical tensions during the pandemic in an effort to advance future preparedness. (shrink)

Background and objectives: Physicians are exposed to matters of existential character at work, but little is known about the personal impact of such issues. Methods: To explore how physicians experience and cope with existential aspects of their clinical work and how such experiences affect their professional identities, a qualitative study using individual semistructured interviews has analysed accounts of their experiences related to coping with such challenges. Analysis was by systematic text condensation. The purposeful sample comprised 10 physicians (including three women), (...) aged 33–66 years, residents or specialists in cardiology or cardiothoracic surgery, working in a university hospital with 24-hour emergency service and one general practitioner. Results: Participants described a process by which they were able to develop a capacity for coping with the existential challenges at work. After episodes perceived as shocking or horrible earlier in their career, they at present said that they could deal with death and mostly keep it at a distance. Vulnerability was closely linked to professional responsibility and identity, perceived as a burden to be handled. These demands were balanced by an experience of meaning related to their job, connected to making a difference in their patients’ lives. Belonging to a community of their fellows was a presupposition for coping with the loneliness and powerlessness related to their vulnerable professional position. Conclusions: Physicians’ vulnerability facing life and death has been underestimated. Belonging to caring communities may assist growth and coping on exposure to existential aspects of clinical work and developing a professional identity. (shrink)

Provability, Computability and Reflection.

Context: In the digital era, it is important to investigate the potential impact of digital technologies in education and how such tools can be successfully integrated into the mathematics classroom. Similarly to many others in the constructionism community, we have been inspired by the idea set out originally by Papert of providing students with appropriate “vehicles” for developing “Mathematical Ways of Thinking.” Problem: A crucial issue regarding the design of digital tools as vehicles is that of “transfer” or “bridging” i.e., (...) what mathematical knowledge is transferred from students’ interactions with such tools to other activities such as when they are doing “paper-and-pencil” mathematics, undertaking traditional exam papers or in other formal and informal settings. Method: Through the lens of a framework for algebraic ways of thinking, this article analyses data gathered as part of the MiGen project from studies aiming at investigating ways to build bridges to formal algebra. Results: The analysis supports the need for and benefit of bridging activities that make the connections to algebra explicit and for frequent reflection and consolidation tasks. Implications: Task and digital environment designers should consider designing bridging activities that consolidate, support and sustain students’ mathematical ways of thinking beyond their digital experience. Constructivist content: Our more general aim is to support the implementation of digital technologies, especially constructionist learning environments, in the mathematics classroom. (shrink)

I believe that the world is a totality of things: there are no properties, or relations, or sets, or states of affairs, or facts, or events; there are only particular things. I also believe that all true statements can be expressed in a canonical language which includes names of things and logical terms only: there will be no predicates in this language. For what is a predicate? Some say that predicates are names of universals which individual things exemplify, or names (...) of sets of which individual things are members. If this is so, it is obvious that a nominalist's canonical language cannot have any predicates. Others say that predicates name nothing, but are satisfied by particular things. What, however, is satisfaction, and how is it different from naming? Semantic relations such as satisfaction, we are told, are not ‘in’ the world. But then a nominalist has no use for them. (shrink)

IntroductionBisphenol A is highly debated and studied in relation to a variety of health outcomes. This large variation in the literature makes BPA a topic that is prone to selective use of literature, in order to underpin one’s own findings and opinion. Over time, selective use of literature, by means of citations, can lead to a skewed knowledge development and a biased scientific consensus. In this study, we assess which factors drive citation and whether this results in the overrepresentation of (...) harmful health effects of BPA.MethodsA citation network analysis was performed to test various determinants of citation. A systematic search identified all relevant publications on the human health effect of BPA. Data were extracted on potential determinants of selective citation, such as study outcome, study design, sample size, journal impact factor, authority of the author, self-citation, and funding source. We applied random effect logistic regression to assess whether these determinants influence the likelihood of citation.ResultsOne hundred sixty-nine publications on BPA were identified, with 12,432 potential citation pathways of which 808 citations occurred. The network consisted of 63 cross-sectional studies, 34 cohort studies, 29 case-control studies, 35 narrative reviews, and 8 systematic reviews. Positive studies have a 1.5 times greater chance of being cited compared to negative studies. Additionally, the authority of the author and self-citation are consistently found to be positively associated with the likelihood of being cited. Overall, the network seems to be highly influenced by two highly cited publications, whereas 60 out of 169 publications received no citations.ConclusionIn the literature on BPA, citation is mostly driven by positive study outcome and author-related factors, such as high authority within the network. Interpreting the impact of these factors and the big influence of a few highly cited publications, it can be questioned to which extent the knowledge development in human literature on BPA is actually evidence-based. (shrink)

The Birkhoff-Maltsev problem asks for a characterization of those lattices each of which is isomorphic to the lattice L(K) of all subquasivarieties for some quasivariety K of algebraic systems. The current status of this problem, which is still open, is discussed. Various unsolved questions that are related to the Birkhoff-Maltsev problem are also considered, including ones that stem from the theory of propositional logics.

This essay, as the title suggests, is not just a reply to Richard Ashcraft -- although it is certainly that too. Its intention is to say something about the political theory of Locke, about his historical context and about the methodological question of contexts in general. About his political theory, I want to make two or three main points which, I think, have important consequences for our understanding of Locke: that he both appropriates and, on critical issues, deliberately neutralizes the (...) radical �discourses� of his time -- so that, for example, he adopts Leveller premises to arrive at something more like Cromwell's (or even more conservative) conclusions; and that he deprives these radical discourses of their most democratic implications less by excluding people from membership in the political nation than by restricting the rights of membership itself. This means, among other things, that the relevant debate is not the one that has so preoccupied Locke scholars -- namely, the controversy about who is a �freeman� or who belongs to the �people�. The decisive question is rather what political rights the �people� have. (shrink)

Based on two workshops held February 1990 in New York and March 1990 in San Francisco. Following the presentation and discussion of three clinical case histories, psychotherapists James F. Masterson, Marian Tolpin, and Peter E. Sifneos compare and contrast developmental, self, and object relations.

For a first-order formula φ(x; y) we introduce and study the characteristic sequence ⟨P n : n < ω⟩ of hypergraphs defined by P n (y₁…., y n ):= $(\exists x)\bigwedge _{i\leq n}\varphi (x;y_{i})$ . We show that combinatorial and classification theoretic properties of the characteristic sequence reflect classification theoretic properties of φ and vice versa. The main results are a characterization of NIP and of simplicity in terms of persistence of configurations in the characteristic sequence. Specifically, we show that (...) some tree properties are detected by the presence of certain combinatorial configurations in the characteristic sequence while other properties such as instability and the independence property manifest themselves in the persistence of complicated configurations under localization. (shrink)

A guide for everyone involved in medical decision making to plot a clear course through complex and conflicting benefits and risks.