In this target article by Morain and Largent (2023), the authors focus on an investigator’s duty to patient-subjects specifically regarding incidental or collateral findings within the context of e...

The marketing of health care services raises the prospect that an ethic of strangers will govern relations between providers and patients. A fiduciary model that emphasizes honesty and public accountability, as well as the patient's good and avoiding unnecessary services, can keep marketing consistent with the ethical tradition of medicine.

On June 11, 1963, in a dramatic gesture that caught the nation's attention, Governor George Wallace physically blocked the entrance to Foster Auditorium on the University of Alabama's campus. His intent was to defy Attorney General Nicholas Katzenbach, sent on behalf of the Kennedy administration to force Alabama to accept court-ordered desegregation. After a tense confrontation, President Kennedy federalized the Alabama National Guard and Wallace backed down, allowing Vivian Malone and James Hood to become the first African Americans to enroll (...) successfully at their state's flagship university. That night, John F. Kennedy went on television to declare civil rights a "moral issue" and to commit his administration to this cause. That same night, Medgar Evers was shot dead. In The Schoolhouse Door, E. Culpepper Clark provides a riveting account of the events that led to Wallace's historic stand, tracing a tangle of intrigue and resistance that stretched from the 1940s, when the university rejected black applicants outright, to the post-Brown v. Board of Education era. We are there in July 1955 when Thurgood Marshall and lawyers at the NAACP Legal Defense Fund win for Autherine Lucy and "all similarly situated" the right to enroll at the university. We are in the car with Lucy in February 1956 as university officials escort her to class, shielding her from a mob jeering "Lynch the nigger," "Keep 'Bama white," and "hit the nigger whore." Clark exposes the many means, including threats and intimidation, used by university and state officials to discourage black applicants following the Lucy episode. And he explains how University of Alabama president Frank Anthony Rose eventually cooperated with the Kennedy administration to ensure a smooth transition toward desegregation. We also witness Robert Kennedy's remarkable face-to-face plea for Wallace's cooperation and the governor's adamant refusal: "I will never submit voluntarily to any integration in a school system in Alabama." As Clark writes, Wallace's carefully orchestrated surrender would leave the forces of white supremacy free to fight another day. And the Kennedys' public embrace of the civil rights movement would set in motion a political transformation that changed the presidential base of the Democratic party for the next thirty years. In these pages, full of courageous black applicants, fist-shaking demonstrators, and powerful politicians, Clark captures the dramatic confrontations that transformed the University of Alabama into a proving ground for the civil rights movement and gave the nation unforgettable symbols for its struggle to achieve racial justice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Remembering Lewis E. HahnGeorge C. H. Sun, President, John Howie, Professor Emeritus, Thomas Alexander, Professor and Director of Graduate Studies, Kenneth W. Stikkers, Professor and Chair, Randall Auxier, Professor, Robert Hahn, Professor, Joseph Wu, Professor Emeritus, Elizabeth R. Eames, Professor Emeritus, Martin Lu, Professor of Philosophy, George Kimball Plochmann, Professor Emeritus, Matt Sronkoski, Philosophy Graduate and Academic Adviser, Dave Clarke, Professor Emeritus, Eugenie Gatens-Robinson, Professor Emerita, Hans H. (...) Rudnick, Professor Emeritus, Stephen Bickham, Professor EmeritusPresident, and Don Mikula (bio)The following testimonials were offered on the occasion of a memorial gathering for Dr. Lewis E. Hahn held on February 19, 2005, and were compiled for presentation here by Sharon (Hahn) Crowell.A Tribute to Dr. Lewis E. Hahn (1908-2004) from a Global PerspectiveGeorge C. H. Sun President, Thomé H. Fang Institute, Inc., Mobile, AlabamaAmong the philosophical community in both the East and the West, no word of introduction is needed for our beloved Master, who was the recipient of numerous distinctions and honors, with titles that included "Man of the Year in Philosophy" and "Award of Lifetime Achievement." The very name "Lewis E. Hahn" itself already stands now for genuineness, dedication, and fulfillment.A great work is a dialogue with eternity; a great person is such a work. In less than thirty years he succeeded in developing Carbondale from what had been a small college town in the Midwest into the Mecca of American philosophy. His most important achievements were the Dewey Center and the Pepper Archives that he helped install at SIUC These, among other such institutions, will remain a unique contribution, a glory of American philosophy, and a monument in the history of human thought.For posterity Lewis E. Hahn will remain an object of wonder and amazement. How is it possible for one human being to have accomplished so much, so well, and in so short a span of time—less than one century—in breadth, depth, and diversity? Some one hundred years ago, by bridging the gap between the New World and the Old, William James was hailed as the great genius of international friendship among philosophical thinkers, but we now find a greater genius in Lewis E. Hahn, who succeeded in bringing together the peoples of East and West from at least four continents: Europe, Australia, America (both North and Latin America), and Asia. To my knowledge, few of his predecessors and contemporaries have been half so widely read and liberal-minded as he was, in view of the range and scope of the Library of Living Philosophers that he helped continue after the passing of its founder, Dr. Paul A. Schilpp.What type of man was Hahn, our younger generation will wonder? Only a pluralist approach can help us understand the true character of such a legendary pluralist-contextualist. In short, he was "a full personality." As I recall, while working on my dissertation with him in the 1970s, we had a brief discussion on Confucius, the sage of ancient China. "A full personality!" was his laconic assessment. Suddenly I realized, to quote the Analects: "The Master is talking about himself!" For, as the Buddhists put it, only a Buddha can understand a Buddha. Or, as William James put it, only one who has philosophy can appreciate philosophy. Many friends [End Page 1] of my generation admire him so much; Te Chen of Hong Kong calls him "a great Confucian in America." Those who regret the loss of many precious Confucian virtues in China today have now rediscovered them in the person of Lewis E. Hahn! If Nietzsche called Kant "a great Chinese in Königsberg," it is simply because he had not encountered our own Master.A paradigm of academic leadership, Dr. Hahn is simply irreplaceable—this is a tribute I personally heard in Carbondale in the late 1960s. It is not an exaggeration to say that he was a superb administrator, and he could have been the best Secretary of the State we ever had, for he possessed more in the way of philosophical wisdom than all his predecessors put together! As a great teacher, he was no less "serene, good, learned, wise, and ardent" than... (shrink)

2. The equal status mentioned in Thesis 2 need not mean, "equally concrete" or "inclusive," but only, "equally real," where "real" means having a character of its own with reference to which opinions can be true or false. But becoming or process is alone fully concrete or inclusive, since if A is without becoming, and B becomes, then the togetherness of AB also becomes. A new constituent means a new totality. In this sense, becoming is the ultimate principle.

Although Clark & Thornton's “trading spaces” hypothesis is supposed to require trading internal representation for computation, it is not used consistently in that fashion. Not only do some of the offered computation-saving strategies turn out to be nonrepresentational, others (e.g., cultural artifacts) are external representations. Hence, C&T's hypothesis is consistent with antirepresentationalism.

This paper -distinguishes between the Hypothesis of Extended Cognition and the Hypothesis of Embedded Cognition, characterizing them as competitors (both motivated by situated, interactive cognitive processing, with the latter being the more conservative of the two interpretations of the data) -clarifies the relation between content externalism and extended cognition -introduces the problem of cognitive bloat, as part of a critical discussion of Clark and Chalmers's "past-endorsement criterion" (if the criterion is embraced, we privilege the internal, endorsing process -- which (...) looks more like an embedded view -- and if the criterion is rejected, bloat follows) and as a problem for extended views more generally -develops a dilemma critical of Clark and Chalmers's "explanatory kinds" argument for extended mind and cognition (arguing that their reasoning faces serious problems regardless of whether one individuates the kinds in question in a fine-grained or a coarse-grained way) -argues that an appeal to functionalism doesn't resolve the issue -argues for the priority, in debates about extended cognition, of the identification of cognitive systems (e.g., because a functionalist approach can't be applied unless we already know what count as inputs and outputs, which requires having already identified the boundaries of the cognitive system). (shrink)

Much has been said about Confucius’ negative formulation of the Golden Rule. Most discussions center on explaining why this formulation, while negative, does not differ at all in intention from the positive formulation. It is my view that such attempts may have the effect of blurring the essential point behind the specifically negative formulation, a point which I hope to elucidate in this essay. It is my first contention that such a negative formulation is consonant with other basic implicit Confucian (...) attitudes such as modesty and the belief in the inherent goodness of human nature. My second contention is that this negative formulation has the intent and/or effect of promoting growth and, more importantly, preventing moral harm. My broader thesis is that the negative version of the Golden Rule does differ significantly from the positive version and that the difference that exists might well have been intended by Confucius to highlight the nature of his most basic moral principle. (shrink)

Many of the recent advances in the history of science have come from local microstudies, but with the unintended by‐product of a typically “postmodern” fragmentation of knowledge. The question for us post‐postmodernists is how to write a broader “general” history of science—a history for all of us specialists—without losing the advantages of case study. One way, this essay suggests, is to structure case studies around the activities or issues that are common to knowledge production generally: for example, issues of common (...) practices, role and identity, credibility and trust, fairness in participation and reward, and translocal circulation. Such studies would be particular and local yet transcend the singularities of period, place, and discipline. They would facilitate productive contest over the general meaning of science in its diversely varied forms. (shrink)

Some believe that the mere beneficiaries of wrongdoing of others ought to disgorge their tainted benefits. Others deny that claim. Both sides of this debate concentrate on unavoidable beneficiaries of the wrongdoing of others, who are presumed themselves to be innocent by virtue of the fact they have neither contributed to the wrong nor could they have avoided receiving the benefit. But as we show, this presumption is mistaken for unavoidable beneficiaries who intend in certain ways to benefit from wrongdoing, (...) and who have therefore done something wrong in forming and acting on such an intention. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Truth Shall Make You FreireRobert CanterTeaching Contemporary Theory to Undergraduates, edited by Dianne F. Sadoff and William E. Cain; 271 pp. New York: Modern Language Association of America, 1994; $19.75, paper.IThe newest title in the MLA’s Options for Teaching series, this publication is well-timed. Concerns about “classroom advocacy” and “politicized teaching” have recycled into near-critical mass, even in the mass media. The book is well-arranged, too, with a (...) solid sample of deconstructionist, New Historicist, Marxist, feminist, and cultural studies, and more mix-and-match theorists describing their classroom aims and means in twenty-one essays grouped into four sections. Sadoff and Cain offer elegantly evasive introductions—not only to these essays per se, but to the issues these essays purport to address. In “Surveying Theory,” David B. Downing, John Kucich, Susan S. Lanser, Lynette Felber, Donald G. Marshall, and Gary Waller lay broadly “anti-foundational” groundwork. In “Focusing,” Diana Fuss, Sandra A. Grayson, Beverly Lyon Clark, Evan Carton, Laurie A. Finke, Jonathan Arac, and Cary Nelson deconstruct things in more detail. In “Theory and Culture,” Huston Diehl, Cannon Schmitt and Donald Ulin, Lindon Barrett, Simon Gikandi, D. N. Rodowick, and Jan Gorak again widen the scope of “theorized teaching,” aiming regulation anticanonical shrapnel at every bastion of coded convention. And while readers may pause over [End Page 336] its backcover promise of “lively and accessible prose,” on the whole, the book is unusually readable for an MLA publication about theory.Since Teaching Contemporary Theory to Undergraduates is a how-to directed at true-believers, it might seem like critical blindsiding to address its fundamental assumptions rather than its tactical suggestions, to focus on its “theory” rather than on its pedagogy. Yet such a focus is not only fair but necessary. The pedagogy is in this book a pawn of the theory. And the theory is, at best, a lesson in how not to teach students how to learn. For despite all its noisy celebrations of methodological, cultural, ontological, and occasionally even human “difference,” the anthology is really a chorus of self-defeating dogma. 1 Like the virtue of variety, even the relative absence of jargon here works as much against as for the book, revealing self-contradictions so perfectly unwitting that they are twice as funny. It is a good thing, then, that the authors eventually contradict these claims, too—even if they know not that they do.The canon? In accordance with postmodern tradition, “the canon” can be calibrated to be whatever best attacks whatever other tradition a particular theorist is aiming at. It is a very modular “monolith.” And theorists never try to “overdetermine” definitions, anyway. The classroom? As an “overdetermined” site of class-struggle, “the classroom (and the academy at large) is... a social institution designed to reproduce the interests, values, and politics of the dominant social classes” (p. 104). Convention? Anything “mainstream” is so polluted with “the notion of mastery, of total and complete knowledge” that even assigning “mainstream” theorists in a theory class “reproduces that hegemony, no matter how critically we read them” (pp. 105, 61). The runoff of mainstream theorists quoted here—conventional MLA Style—makes the same point. Culture? As always already—and only—“a struggle between power and its disenfranchised shadow,” culture “systematically excludes and marginalizes disenfranchised social members” (pp. 263–64, 20–21).Education? As Paulo Freire has revealed, 2 on the one, bad, goatish, wrong Right-wing hand of God, there is the repressive “banking” model of education; on the other, good-shepherdish, right Left-wing side, there is the liberating “problem-posing” model. You are either a droning clerk bent on subduing students into serfdom, or you are a resistance fighter lighting fuses of freedom. “Instrumental activity” does “pedagogical violence,” making the teacher a tyrant and the student a victim, a “submissive imitator” in a “system” that’s “abidingly committed [End Page 337] to the vision of a white-supremacist oligarchy.” Even asking students what level of “guidance” they feel they need is imposing “rhetorical control” (pp. 32, 23, 222, 135).Facts? The fact is, they are “the discursive gestures of the dominant groups” (p. 222). Unless they are... (shrink)

The common understanding of Chuang-Tzu as one of the earliest deconstructionists is only half true. This article sets out to challenge conventional characterizations of Chuang-Tzu by adding the important caveat that not only is he a philosophical deconstructionist but that his writings also reveal a non-relativistic, transcendental basis to understanding. The road to such understanding, as argued by this author, can be found in Chuang-Tzu’s emphasis on the illusory or dream-like nature of the self and, by extension, the subject-object dichotomy (...) inherent in all forms of conceptualization and descriptive language. These two obstacles to true understanding - the self and literal, linguistic expressions - are overcome in the Chuang-Tzu by implementing metaphorical and poetic language, such as the Kun-Peng myth, the swamp pheasant parable, the introduction of physically deformed interlocutors, various dream analogies, and so forth. By employing such literary devices in a comprehensible and non-mystical manner, this article concludes that Chuang-Tzu successfully communicates his essential wisdom by guiding the reader to a higher state of spiritual awareness, a state in which one transcends the self, language, conceptual paradoxes, and even the idea of transcendence itself. Consequently, through the following explication of Chuang-Tzu’s complementary emphasis on both preventing mental rigidity and promoting spiritual transcendence, this article seeks to earn Chuang-Tzu the reputation of a deconstructionist with a difference. (shrink)

If we peruse the Chuang Tzu (Zhuangzi) and the Nietzschean corpus, we will find numerous examples of evaluative statements. And yet, both Chuang Tzu and Nietzsche are well known for their critique of conventional value distinctions. Time and again they argue that our conventional value distinctions are invalid and sometimes even harmful. Are these two philosophers justified in making what appear to be self-negating claims? This essay offers a line of argument to justify their employment of evaluative language while at (...) the same time disclaiming its validity. My essential argument is that there are two levels of consciousness in both of these philosophers and that evaluative language is transcended at one of these levels but still possesses limited validity at the other. I assume, I believe correctly, that the purpose of philosophy for both philosophers is self-transformation. Given this functional direction of philosophizing, I divide the types of statements I will analyze into three standpoints: (1) “evaluative standpoint,” or statements which I take to be primarily evaluative in nature. “Class i” refers to the evaluative standpoint which is the standpoint not yet transcended and to be transcended; (2) “transevaluative standpoint”, or statements which I take to be primarily transevaluative in nature. “Class ii” refers to the transevaluative standpoint which is the standpoint to be achieved; (3) “transevaluative resultant values,” or statements which are primarily statements of the resultant value which are the product of a value free standpoint. “Class iii” refers to the resultant concrete values which are the product of following the transevaluative standpoint. My analyses lead to the conclusion that evaluative language is employed in its appropriate level of consciousness and transcended in the other level. In short, I propose that Chuang Tzu and Nietzsche can have their cake, and eat it, too. (shrink)

This paper advances the thesis that the raw version of the butterfly dream story in the Chuang-tzu is logically untenable and should thus be replaced by a logically coherent altered version. First, it sets out the positive meaning of the butterfly dream. Second, it examines the raw version of the butterfly dream so as to point up its inherent illogicality. Third, it sets out a modified version of the butterfly dream and demonstrates its superior logicality. Fourth, it shows how conventional (...) interpretations of the butterfly dream story—the ‘confusion hypothesis’ and the ‘external endless transformation’ hypothesis—arise from the raw version and identifies basic weaknesses in the conventional interpretation options. Fifth and last, it returns to an in-depth consideration of the interpretation which arises from a re-ordering of the butterfly dream story fragments. The raw version of the story makes little sense, which is why, I propose, it has lacked a satisfactory interpretation. This thesis stands on three presuppositions. The butterfly dream story is an analogy of the enlightenment experience. The enlightenment experience, or the experience of illumination, is the phenomenological correlate of the central objective of the Chuang-tzu, that of self-transformation. And the enlightenment experience is not only the phenomenological correlate, but the essential pre-condition for self-transformation. By refashioning our (mis)interpretations of the butterfly dream story, we can more fully appreciate its transformative message. (shrink)

ABSTRACT Theories of the influence of technology on modern Western society have failed to take into account the important role played by a widespread pattern of sociotechnical practice. The pattern in question involves the interplay of technology, rights, and numbers. This paper argues that in the context of an ever more potent technological arsenal and an ever increasing number of individuals who have access to its elements and believe themselves entitled to use them in maximalist ways, adherence to the traditional (...) notion of individual human rights is anachronistic and increasingly problematic for the quality of life in contemporary society. To combat this situation, I criticise the idea of human rights as timelessly valid and offer a contextualised account of these constructs, one able to take on board the implications of their maximalist exercise in a populous technological society. I conclude by illustrating the struggles being waged over the adaptation of human rights to techno‐demographic reality in two areas of contemporary Western society: urban planning and medicine. (shrink)

Seeking to preserve electronically encoded evidence implies that an incident or event has occurred requiring fact extrapolation for presentation, as proof of an irregularity or illegal act. Whether target data are in transit or at rest, it is critical that measures be in place to prevent the sought information from being destroyed, corrupted or becoming unavailable for forensic investigation.

The topic of human rights is always trickier than we think it should be after we have heard it employed effortlessly in political rhetoric. Such rights should be human wide, or at least apply to all those with paradigmatic human characteristics, thus in that sense be universal to all times and places. Such rights should be among the strongest entitlement claims. These features should insure that human rights are and have been not only universal, but recognized universally, at least by (...) rational and informed observers. This expectation is disappointed when we realize that human rights in the form of “natural rights” are a recent Western invention which after a century or so of employment went into eclipse, only to be resurrected in modified form after World War II. Pre-industrial societies have never recognized them, nor do the third-world descendants of those societies today generally recognize them, any more than to Marxist societies, while twentieth century anthropologists have argued that cultural diversity precludes the possibility of transcultural norms. (shrink)

The proceedings of the Seventh Theoretical Roman Archaeology Conference at the University of Nottinghamin April 1997. Contents: Material culture abd the question of social continuity in Roman Britain ( M. Grahame ); Motivation and ideologies of Romanization ( R. Haussler ); The Romanization of Italy: global accluaturation or cultural bricolage? ( N. Terrenato ); Social change and architectural diversity in Roman period Britain ( S. Clarke ); Reflections in the archaeological record of social developements of Lepcis Magna, Tripolitania ( F. (...) Condron ); Theoretical influences on two reports of Romano-British land division ( J. W. M. Peterson ); Phenoemological perspectives on roads in the landscape ( P. Rush ); The ancient monument in Romano-British ritual practices ( C. Forcey ); The sequence of ritual in cremation burials of the Roman period ( J. Pearce ); Burial and gender in alte and sub-Roman Britain ( D. Petts ); Brooches and identity in 1st century AD Britain ( S. Jundi and J. D. Hill ); A persional view of archaeology and equal opportunities' ( E. Scott ); Clavus annalis, defixiones and minski ( D. Dungworth ); Pottery and paradigms in the early western empire ( J. W. J. Hawthorne ). (shrink)

Misunderstandings of Hegel have several roots: one is the intrinsic difficulty of his highly technical and interrelated conceptual sets, another is ideological opponents who consequently take statements out of context, and a third is following those of high stature who pass on the misunderstandings. Typical misunderstandings concern freedom and necessity, slavery, that status of the individual, God and the State, facts measuring up to concepts, the relation of rationality and actuality, the status of passion, and, above all, the nature of (...) absolute knowing. Resituating these notions within the whole of the System shows the one-sidedness of typical misunderstandings and opens the way toward appropriation. (shrink)

In aesthetics and in philosophy generally, Dewey and Heidegger have many surprising convergences. Both find the contemporary world unsuitable for full human flourishing: Dewey because of the separation of art and religion from everyday life; Heidegger because of the disappearance of the sense of Mystery. Both go back to a time before the problems emerged. Both hold for the intentionality of consciousness, the bodily inhabitance of a common world having priority over a sovereign consciousness, the founding role of language in (...) the life-world, the distinction between the art-product and the working of art upon its audience, the founding role of poetry, and the way a sense of the Whole can open up in the working of art. But Dewey, centering upon the aesthetic as integral experience, underscored its linkage with the rhythmic character of the body interacting with the environment, while Heidegger focused upon the sense of the surrounding Mystery. (shrink)