On September 18, 1995, the U.S. Court of Appeals for the Seventh Circuit handed down a decision in Blue Cross & Blue Shield United of Wisconsin v. Marshfield Clinic ) that sets two important precedents regarding the status of health maintenance organizations under antitrust law. Chief Judge Posner, writing for the court, concluded that HMOs do not constitute a market separate from the general market for medical services and that agreements, between HMOs in a region, to operate in separate areas (...) constitute a prohibited form of market splitting.This case primarily involves two HMOs in north central Wisconsin: one a subsidiary of Blue Cross, the other a subsidiary of the Marshfield Clinic. The Blue Cross HMO claimed that the Marshfield HMO had an illegal monopoly in the region's HMO market and therefore violated the Sherman Act ). (shrink)

After discussing the interests that ground the right to democratic political participation, arguments for the disenfranchisement of those who commit serious criminal offenses are examined. The arguments are divided into two groups. The first group consists of arguments that are relatively independent of the justifying aims of punishment. It is conceded that two of these arguments establish that some, though by no means all, serious offenders should lose the vote for a period of time that does not necessarily overlap with (...) the duration of the other sanctions visited upon them. These arguments also imply that the state is justified in attempting to exclude the offenders in question from all forms of political participation, a position that arguably runs afoul of moral limits on punishment. The second group of arguments makes explicit reference to the justifying aims of punishment. None supports the blanket disenfranchisement of felons, though some may justify it in relation to some serious offenders for certain periods of time. All of the arguments supporting the disenfranchisement of serious offenders are most persuasive on the assumption that they live in reasonably just societies that are genuinely democratic. If that assumption is false or questionable, then it is argued that the force of such arguments may be weakened considerably. (shrink)

As the title indicates, this most recent of Hartshorne's works blends doctrinal exposition with analyses of methodological issues. Each of the sixteen chapters can be read as an independent essay, although the entire work is intended as "an essay in systematic metaphysics." The paradox is resolved once we realize that Hartshorne does not separate substantive discussion and the examination of methodological principles--the text exemplifies the principles latent in "creative synthesis" as he understands it. Each chapter takes shape out of a (...) position-matrix in terms of which a number of possible positions on problems of relations, modality, and temporality are exhibited and finally sifted in order to determine the most viable for future philosophic inquiry. Portions of six of the chapters had previously been published, one as early as 1958; the remaining ten appear for the first time in this volume. Although much of the doctrinal content will be familiar to those who have read Hartshorne's earlier works, the clarity and coherence of these essays make it an especially valuable work for students of metaphysics, whether they accept the neoclassical position or not. In the first chapter, "A Philosophy of Shared Creative Experience," Hartshorne presents his case for the inclusive priority of "becoming" over "being"; in the next three chapters, he turns to a more detailed analysis of technical problems in metaphysics--the specification of the domain of metaphysical inquiry, the viability of the notion of inclusive contrast as the heart of "relativity", and the ultimate coincidence of modal and temporal categories as the summit of the analyses of "abstractions". Each of these chapters is an excellent example of Hartshorne's working through "position-matrices"; but for those who are unfamiliar with Hartshorne's work, or for those who desire a less 'naïve' approach to metaphysical inquiry it might be advisable to turn to Chapters V and VI immediately after Chapter I. In these two essays, Hartshorne presents a general exposition of the structure of his system, exposing and defending the conception of relativity which lies at the heart of his system: the triadicity [[sic]] of creative synthesis must be construed relatively, the contrast of relative and absolute being included within the relative member of the contrast. In the succeeding chapters, the difficulties which such a conception must face are explored in detail. Among the difficulties which Hartshorne focuses upon are the possibility of "non-restrictive or necessary existential truths", the psychological reeducation which a conception of the priority of events necessitates, the explanatory power of directed or asymmetrical relations as opposed to non-directed, symmetrical ones, and the critique of the notion of ens realissimum and its substitution by the universal forms of dependence and independence. It is interesting that at various places in this work Hartshorne indicates that the importance of the problem of the relations among contemporaries must be relegated to secondary status in the philosophy of shared creative experience. It becomes increasingly evident that were the author to stress its importance, he should have to turn to a conception of eternal objects functioning relationally or affirm interaction between God and any other individual in strictly simultaneous states. Either move would necessitate a major shift in his methodological principles and substantive doctrines. That he has struggled with the problem of the relations among contemporaries for so long shows his willingness to confront the possibility of such a shift. This is one of the major criteria for evaluating metaphysicians, as Hartshorne notes; in the light of this criterion, Hartshorne's newest work will be judged a significant contribution to metaphysical inquiry.--R. L. C. (shrink)

A systematic account of explanation and meaning, on an introductory level. The book is designed not only for students who are primarily interested in philosophy, but also for students whose primary interests may lie in the physical or social sciences, literature, or history. There are fifteen relatively brief chapters, the first eight of which are concerned with the concept of explanation while the remaining seven chapters deal with the concept of meaning. The author begins his treatment of explanation by dismissing (...) as fruitless disputes over what a 'real' explanation must be. Instead, he proposes to examine different types of explanation in order to determine their differences and the relative importance of their differences. "Scientific Explanation," "What-explanations," and "Reason-giving Explanation" are then distinguished and discussed in the early chapters, and this is followed with chapters on historical explanation and explanation in literary criticism. In the remaining chapters on meaning, the author maintains the view that meanings are not a sort of thing, mental or physical. He supports this thesis through his criticisms of causal theories of meaning, "Fido"-Fido theories of meaning, and theories which attempt to identify the meaning of a word with a mental event or an essential definition. The author favors identifying the meaning of a work with its use and deals with some of the problems connected with this view. A list of additional references for each chapter is provided at the end of the book. Though the book is primarily a systematic account of explanation and meaning, a variety of issues from different areas of contemporary philosophical concern are touched upon along the way. These issues concern, for example, natural laws, explaining human behavior, the nature of historical explanation, interpretation in literature, definition, synonymy, and metaphor. This is a clearly written introduction to contemporary philosophy.--R. L. M. (shrink)

This text, serving as an introduction to Aristotelian, symbolic, inductive, and practical logic, presents the techniques of these approaches to logic, some of the philosophical problems of logic, and some of the attempts to solve philosophical problems by means of various logical techniques. It discusses the problem of universals and null classes; briefly introduces the theory of types; and presents Lukasiewicz's formalization of Aristotelian syllogistic logic as an example of a formal system. Classical logic and propositional logic are carefully and (...) fully presented. The text, however, is weak in its presentation of quantificational logic. After a correct, but brief and very inadequate introduction to quantificational logic, the readers are referred to Quine, Methods of Logic, or to Copi, Symbolic Logic, for a more adequate development. The chapter on inductive logic discusses the uses and dangers of generalizations and introduces the probability calculus; the chapter on informal logic discusses criteria of rationality and presents the usual informal fallacies. There are problems and exercises after many of the sections, and answers in the back of the book.—R. L. S. (shrink)