A great deal has been made of the question of whether nano-materials provide a unique set of ethical challenges. Equally important is the question of whether they provide a unique set of regulatory challenges. In the last 18 months, the US Environmental Protection Agency has begun the process of trying to meet the regulatory challenge of nano using the Toxic Substances Control Act (1976)(TSCA). In this central piece of legislation, ‘newness’ is a critical concept. Current EPA policy, (...) we argue, does not adequately (or ethically) deal with the novelty of nano. This paper is an exploration of how to do a better job of accounting for nanomaterials as ‘new.’ We explore three alternative ways that nanomaterials might be made to fall under the TSCA regulatory umbrella. Since nanomaterials are of interest precisely because of the exciting new properties that emerge at the nano-scale, each of these three alternatives must meet what we call the ‘novelty condition’ and avoid what we call the ‘central paradox’ of existing regulatory policy. Failure to meet either of these conditions is a moral failure. We examine both the strengths and weaknesses of each alternative in order to illuminate the conceptual, practical, and moral challenges of novelty. (shrink)

When the Toxic Substances Control Act was passed by the US Congress in 1976, its advocates pointed to new generation of genotoxicity tests as a way to systematically screen chemicals for carcinogenicity. However, in the end, TSCA did not require any new testing of commercial chemicals, including these rapid laboratory screens. In addition, although the Environmental Protection Agency was to make public data about the health effects of industrial chemicals, companies routinely used the agency’s obligation to protect (...) confidential business information to prevent such disclosures. This paper traces the contested history of TSCA and its provisions for testing, from the circulation of the first draft bill in the Nixon administration through the debates over its implementation, which stretched into the Reagan administration. The paucity of publicly available health and environmental data concerning chemicals, I argue, was a by-product of the law and its execution, leading to a situation of institutionalized ignorance, the underside of regulatory knowledge. (shrink)

Book reviewed in this article: PBB: An American Tragedy. By Edwin Chen. The Law and Policy of Toxic Substances Control: A Case Study of Vinyl Chloride. By David D. Doniger.

This chapter contains sections titled: The Stricter‐Law Argument Learning from History Objections to the Stricter‐Law Argument An Interim Solution? Putting the Pieces Together.

In this book, Carl Cranor utilizes material from ethics, philosophy of law, epidemiology, tort law, regulatory law, and risk assessment to argue that the evidentiary standards for science used in the law to control toxics ought to be ...

In Quebec, control measures – isolation, restraints and chemical substances – have been the subject of a legislative framework since 1998. However, since that date, chemical substances have been at the heart of a debate on their legal status, between therapy and control. In 2015, the Ministry of Health and Social Services published a revised Reference Framework that is supposed to establish guidelines for chemical substances used for control purposes. A review of this framework, (...) however, reveals several inconsistencies, continuing an indeterminacy about their status. On the one hand, the consent exception does not correspond to the Quebec legal framework for care, suggesting that it is indeed a control measure. On the other hand, the reserved acts are the same whether the chemical substances are used for control or for therapeutic purposes, suggesting that it is in fact a therapeutic measure. (shrink)

Pharmacists, physicians, and other health care personnel practice within an integrated system of laws and regulations that influence many treatment modalities. Capitation, managed care, and other controls strain these relationships by mandating greater oversight of how health care is delivered. From a pharmacists’s perspective, any use of medication requites knowledge of three omnipresent factors: regulatory control, formularies, and economic decision making. My objective is to raise awareness of these issues as they relate to the prescription of pain medication and (...) to pain management generally.All practice-oriented drug law and regulation is based on the federal Controlled Substances Act of 1970. The Act, also known as Title II, is part of a much larger piece of legislation, the Comprehensive Drug Abuse Prevention and Control Act of 1970. CSA was enacted to regulate the manufacturing, distribution, dispensing, and delivery of drugs or substances that are subject to, or have the potential for, abuse or physical or psychological dependence. (shrink)

We can think about the use of controlled substances in the treatment of anxiety disorders in two simple but diametrically opposed ways. First, we can say that anxiety disorders are trivial and require only acts of willpower, or, if anxiety disorders do require treatment, they are better treated without the use of benzodiazepines. When BZs are used to treat anxiety, they pose grave risks of addiction to the patients to whom these medicines are prescribed; they relieve patients’ symptoms, but (...) are the equivalent of a pharmacological “roach motel,” a haven into which many unsuspecting patients enter, but from which few emerge without becoming addicted. Patients must then face terrible struggles to free themselves of dependence on BZs, and this compounds the problem for which they sought treatment. Furthermore, the large number of prescriptions for BZs are a threat to the public health because these drugs are widely abused by alcoholics and drug addicts. (shrink)

Limitations on reproductive decision making, including forced sterilization and involuntary birth control, raise significant ethical challenges. In the United States, these issues are further complicated by a disturbing history of the abuse and victimization of vulnerable populations. One particularly fraught challenge is the risk of teratogenicity posed by moodstabilizing psychiatric medications in patients who are incapable of appreciating such dangers. Long-acting reversible contraception (LARC) offers an intervention to prevent pregnancy among individuals who receive such treatments, but at a cost (...) to their reproductive autonomy. This article examines the ethical issues involved in the use of involuntary LARC for patients on teratogenic psychiatric medications (TPMs) and argues that such an approach can only be justified as a last resort after a careful consideration of the alternatives and an assessment of potential risks and benefits. (shrink)

According to what I call the reductive standard-causal theory of agency, the exercise of an agent's power to act can be reduced to the causal efficacy of agent-involving mental states and events. According to a non-reductive agent-causal theory, an agent's power to act is irreducible and primitive. Agent-causal theories have been dismissed on the ground that they presuppose a very contentious notion of causation, namely substance-causation. In this paper I will assume, with the proponents of the agent-causal approach, that substance-causation (...) is possible, as I will argue against that theory on the ground that it fails as a theory of agency. I will argue that the non-reductive agent-causal theory fails to account for agency, because it fails to account for agential control: it cannot explain why the stipulated irreducible relation between the agent and an action constitutes the agent's exercise of control over the action. This objection, I will argue, applies to the agent-causal theory in particular, and to the non-reductive approach in general. (shrink)

In the early 1970s, the idea of precaution—of heeding rather than ignoring scientific evidence of harm when there is uncertainty, and taking action that errs on the side of safety—was so appealing that the US Congress used it as the basis of the toxics provisions of the Clean Water Act of 1972, the federal Environmental Protection Agency based its proposals for implementing those provisions on it, and the courts frequently tended toward it when resolving conflicts over the implementation of pollution (...) control law. In other words, precaution was written into toxic water pollutant control law and was beginning to be written into policy and regulations. By 1976, the tables were completely turned. The EPA abandoned the safety-providing approach in the implementation of the law, even though the law required it, and adopted a risk-taking approach in the creation of standards for the vast majority of toxic water pollutants. The article examines how this change was brought about. It builds on recent work on undone science as an obstacle to regulation and contributes to the development of an account of the creation of the regulatory system, with both its achievements and its limitations. (shrink)

Lithuania’s legislation, establishing criminal liability for illegal disposition of narcotic drugs and psychotropic substances, uses two different terms while identifying the subject matter for criminal deeds: “narcotic and psychotropic substances” and “plants, incorporated into the lists of controlled substances.” The legislation in article 269 of the Lithuanian criminal code explains that narcotic and psychotropic substances, indicated in the respective chapter of the Lithuanian criminal code, shall be those substances that are included in the lists of (...) narcotic and psychotropic substances as approved by the Ministry of Health of the Republic of Lithuania. Plants having narcotic drugs and psychotropic substances are not introduced into this definition although the exception of the coca bush is enumerated in the lists of controlled substances. This described present position brings in a certain intricacy when deciding when a perpetrator should be punished only for illegal cultivation of plants and when he should be punished also for other illegal acts with narcotic and psychotropic substances. (shrink)

Two significant, apparently unrelated, trends have emerged in American society and medicine. First, American medicine is reexamining its approach to dying. The Institute of Medicine, the American Medical Association and private funding organizations have recognized that too many dying people suffer from pain and other distress that clinicians can prevent or relieve. Second, this past decade has marked a sharp increase in the number of physicians prosecuted for criminal negligence based on arguably negligent patient care. The case often cited as (...) a watershed is People u. Einaugfer, which involved a New York nursing home patient whose physician was convicted in 1993 of two criminal misdemeanors after he ordered an elderly dialysis patient to be tube fed through a peritoneal dialysis Catheter.How is the growing awareness of dying patients’ pain and the increasing willingness of prosecutors to charge physicians with crimes connected? Pain at the end of life is frequently treated with narcotics, prescription drugs that are closely regulated by state and federal law. That complex web of laws—and a growing fear of legal sanctions—has deterred physicians from prescribing controlled substances. As those legal sanctions move from disciplinary actions to criminal charges, physicians’ fears may expand. (shrink)

This paper describes the construction of the visual space of surveillance by the global anti-doping apparatus, it is a space inhabited daily by professional cyclists. Two principal mechanisms of this apparatus will be discussed—the Whereabouts System and the Biological Passport; in order to illustrate how this space is constructed and how it visualises the invisible act of doping. These mechanisms act to supervise and govern the professional cyclist and work to classify them as either clean or dirty in terms of (...) the use of prohibited doping substances or methods. Contrary to the analysis of liberal anti-doping scholars such as Hanstad, Loland and Møller this paper argues that Foucault’s Panopticon paradigm is a useful tool for the analysis of this apparatus. The Whereabouts System and Biological Passport are the instruments by which the anti-doping apparatus intensifies the construction of the space of surveillance in professional sport. This space of surveillance not only locates and makes visible the physical location of each individual cyclist, but it also makes visible their internal bodily functions, in this case the composition and the fluctuations of the composition of their blood. In making the cyclist visible the instruments do not allow the cause of doping, or the event of doping to be known or observed. Rather what they do is cast the body in terms of abnormalities of time, place or blood. In the case of an abnormality of the cyclist’s blood, the cause itself cannot be identified with any certainty, all that is made visible is a suggestion, or a probability, that doping may have occurred. The ultimate effects are twofold—an internalisation and continual monitoring of one’s self as well as by the authorities, and a radical change in the nature and the definition of the offence of doping. No longer is it positive evidence of doping that is punishable, but what becomes punishable is an abnormality, in the cyclist’s location, or their body, which suggests a probability that the invisible act of doping may have occurred. In the course of this process accepted manners of proving an offence by the use of scientific evidence and expert commentary are transformed. The Whereabouts System and the Biological Passport open up a new manner in which the invisible can be visualised. Through the discourse and the attendant commentary of the expert a new alliance between doping and the law is constructed. The result is a redistribution of the way in which the law visualises and treats the symptoms (the signifier) and the signified act of doping. The Whereabouts System and Biological Passport are the instruments by which the anti-doping apparatus intensifies the construction of the space of surveillance in professional sport. This space of surveillance not only locates and makes visible the physical location of each individual cyclist, but it also makes visible their internal bodily functions, in this case the composition and the fluctuations of the composition of their blood. In making the cyclist visible the instruments do not allow the cause of doping, or the event of doping to be known or observed. Rather what they do is cast the body in terms of abnormalities of time, place or blood. In the case of an abnormality of the cyclists’s blood, the cause itself cannot be identified with any certainty, all that is made visible is a suggestion, or a probability, that doping may have occurred. The ultimate effects are twofold—an internalisation and continual monitoring of one’s self as well as by the authorities, and a radical change in the nature and the definition of the offence of doping. No longer is it positive evidence of doping that is punishable, but what becomes punishable is an abnormality, in the cyclist’s location, or their body, which suggests a probability that the invisible act of doping may have occurred. In the course of this process accepted manners of proving an offence by the use of scientific evidence and expert commentary are transformed. The Whereabouts System and the Biological Passport open up a new manner in which the invisible can be visualised. Through the discourse and the attendant commentary of the expert a new alliance between doping and the law is constructed. The result is a redistribution of the way in which the law visualises and treats the symptoms (the signifier) and the signified act of doping. (shrink)

In April 2011, the Korea Centers for Disease Control and Prevention announced the results of an epidemiological investigation that an unknown cause of lung disease that occurred throughout Korea was caused by humidifier disinfectants. The unprecedented social catastrophe caused by humidifier disinfectants, a household chemical, has so far reported 1,784 deaths and 5,984 survivors in South Korea. This study was designed to investigate the multi-layer relationships between psychological symptoms and adaptive functioning in survivors of the Humidifier disinfectants in South (...) Korea caused by chemical toxic substances. Specifically, this study aimed to explore how psychological symptoms affect actual interpersonal relationships and job adjustment with two variable sets, six internalizing and externalizing subscales, and three adaptation subscales. A total of 224 survivors recruited from a program to support humidifier disinfectant survivors by the government participated in this study. This research was approved by the Institutional Review Board of one of the Universities in South Korea. The age range of the participants was 18–73 years, 37.1% were male, and 62.9% were female. The participants responded to the Adult Self-Report of the Achenbach System of Empirically Based Assessment. A Canonical Correlation Analysis generated three unique patterns in the relationships between psychological symptoms and adaptive functions. Humidifier disinfectant survivors in the first pattern were more vulnerable to psychological symptoms and showed maladaptive functioning in life. Survivors in the second pattern showed intrusive behaviors and appeared to be adaptive in relationships with friends. Finally, survivors in the third pattern showed aggressive behaviors and reported poor partner relationships while showing good relationships with friends. The practical implications of the interventions are also discussed. (shrink)

When the Environmental Protection Agency banned DDT late in 1972, environmentalists hailed the decision. Indeed, the DDT ban became a symbol of the power of environmental activism in America. Since the ban, several species that were decimated by the effects of DDT have significantly recovered, including bald eagles, peregrines, ospreys, and brown pelicans. Yet a careful reading of Rachel Carson’s Silent Spring reveals DDT to be but one of hundreds of chemicals in thousands of formulations. Carson called for a reduction (...) in the use of all chemical insecticides. Carson’s recommendations notwithstanding, policymakers focused on DDT and other chlorinated hydrocarbons, culminating in the DDT ban, passage of the Federal Environmental Pesticide Control Act of 1972, and subsequent bans on aldrin and dieldrin. Similarly, the history of pesticides has focused inordinately on DDT, providing a myopic image of the ongoing challenges of pesticides in agricultural practice and ongoing environmental protection efforts in the modern world. “Pesticides and the perils of synecdoche” argues that focusing on DDT oversimplified the environmental risks of chemical insecticides and narrowed the parameters of the debate, and in the process both policy and subsequent histories neglected the highly toxic organophosphate insecticides, which dominated agriculture in the United States and the world after the DDT ban, with unintended consequences for farmworkers and wildlife. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Gonzales v. Oregon and the Politics of MedicineRonald A. Lindsay (bio)Throughout 2005, the morbid joke on Capitol Hill was that the twin inevitabilities of "death and taxes" had been replaced by "death politics and taxes." There seemed to be some truth in this observation given the highly publicized intervention by some members of Congress in the Schiavo case and the continuing controversy over government regulation of end-of-life care. The (...) Supreme Court's recent decision in Gonzales v. Oregon (74 U.S.L.W. 4068 (17 January 2006)) has resolved one of the critical issues relating to this controversy by holding that a physician may prescribe controlled substances to provide assistance in dying if such a practice is authorized by state law and not expressly prohibited by federal law. However, other issues remain. In fact, the Court's decision has underscored some of the reasons why there is not only continuing controversy over end-of-life care, but also over other aspects of the practice of medicine. First, it is apparent there is no consensus among health care professionals about the precise boundaries of the legitimate practice of medicine. Second, the regulation of the practice of medicine traverses ill-defined legal territory. In particular, there is significant uncertainty concerning the implications of some regulations as well as the allocation of regulatory authority between and within state and federal governments. This uncertainty leaves substantial room for political maneuvers.Before discussing the politics of medicine, it is worth looking at the regulation of controlled substances in some detail both because this review will provide the necessary background for understanding the ruling in Gonzales v. Oregon and because it will illustrate the uncertainty resulting from multiple sources of regulatory authority.Federal and State Regulation of Controlled SubstancesSince the Pure Food and Drug Act of 1906, the federal government has regulated certain aspects of the distribution and administration of drugs deemed susceptible to abuse. The current primary vehicle for federal regulation is the Comprehensive Drug Abuse Prevention and Control Act, enacted in 1970, of which Title II is known as the Controlled Substances Act (CSA) (21 U.S.C. § 801 et seq.). A [End Page 99] "controlled" substance is just that, a substance that is regulated under the CSA. The CSA classifies controlled substances in five categories or schedules based on their potential for abuse, their accepted medical use, and the risks associated with their use under medical supervision. Schedule I substances have a high potential for abuse and have no currently accepted use in medical treatment. Schedule II-V substances are approved for medical use but are subject to a descending hierarchy of restrictions on their use. To give a lawful prescription for a controlled substance, a physician must be registered with the appropriate federal agency, currently the Drug Enforcement Administration (DEA). Moreover, to be valid, such a prescription must be issued for "a legitimate medical purpose" (21 U.S.C. § 830(b)(3)(A)(ii)).There is little dispute that the primary purposes of the CSA are to control drug abuse and to eliminate illicit trafficking in drugs. In accomplishing these objectives, there is a division of responsibility among various federal agencies, in particular the Department of Health and Human Services and the Department of Justice. Of particular relevance to the controversy in Gonzales v. Oregon is the Attorney General's authority to revoke a physician's registration for prescribing controlled substances if the physician's registration would be inconsistent with the public interest.All 50 states have their own statutes and regulations that address various aspects of the distribution and administration of controlled substances. Most states have adopted versions of the model Uniform Controlled Substances Act, which largely mimics federal law, but several states have placed additional restrictions on a physician's ability to prescribe controlled substances, including time limits on the validity of a prescription and limits on the quantity of a drug that can be prescribed. States are the primary, but by no means the exclusive, source of regulation of medical practice in general. States license physicians, establish boards and agencies to regulate the actions of physicians, and promulgate rules and guidelines to which physicians... (shrink)

Butte, Montana, lies at the headwaters of the nation's largest Superfund site. Donald MacMillan's book is a morality tale about this environmental travesty—a story of damaged health and environment, futile efforts by citizens and government to halt that damage, and demoralization resulting from those failed efforts.MacMillan's story covers the period from the 1880s to the 1930s. In the first phase, he describes the struggle between the young city of Butte and negligent smelter owners. In the second, the smelter owners shifted (...) the problem to a nearby town and surrounding farmers. In the third, the federal government attempted to enforce conservation policy.When miners first settled Butte in the 1860s, they found a lush valley high amid the peaks of the Continental Divide. By 1890 Butte was a major source of copper for a growing nation. Ore was roasted in open heaps a city block long. Sulfur and arsenic fumes killed vegetation for miles around. When winter inversions trapped smoke, residents suffered nosebleeds and vomited in the streets. Up to eighty people a month died in this town of just 40,000.The city sent abatement notices. Mine owners ignored them, arguing, “No smoke, no wages for workingmen.” Though open heap roasting ended because it was inefficient, new roasting furnaces did little to ease the problem. The growth of the Anaconda Copper Mining Company did end the problem—at least for Butte residents. By 1906 nearly all of Butte's ore was shipped twenty‐six miles down the valley to ACM's Anaconda smelter. Each day it belched thirty tons of arsenic and 2,500 tons of sulfur into the air. Whole herds of horses, cattle, and sheep lay wasted in the fields. ACM paid $330,000 for damages within five miles of the Washoe but refused compensation to more distant farmers.Afflicted farmers filed a lawsuit, offering to settle for a $1,175,000 buyout of their 60,525 acres. ACM declared their land not worth $500,000 and then spent nearly $1 million to prove it. Farmers lost when the judge—who socialized with ACM executives—found against the farmers in 1909. ACM had utilized “best known methods” and therefore should not be liable for any damages.Smoke poisoned national forest lands as well as farmers' fields. Trees within twenty‐five miles of Anaconda were dead or damaged. President Theodore Roosevelt and Chief Forester Gifford Pinchot initiated an investigation through the U.S. attorney general's office that eventually sought $4 million in damages from ACM. The company stalled, hoping for a more tolerant administration following the elections of 1908. In 1911 President William Howard Taft, trusting industry to do the right thing, created the “Anaconda smoke commission”—a group of industry and government advisors—to oversee ACM's implementation of pollution controls. In 1916 ACM's smelter still emitted sixty‐two tons of arsenic and 1,700 tons of sulfur each day.In 1924 ACM finally took effective steps to remove most of the arsenic from its emissions. Because of high demand for arsenic insecticides to fight boll weevils, ACM made considerable profit on arsenic recovery. Problems with farmers ended when the farmers, financially bankrupt from their lawsuit, sold “smoke rights” or easements to ACM. Problems with the federal government ended after 1928 when President Herbert Hoover, who promoted government‐industrial partnership, approved the swap of healthy ACM timberlands for damaged national forest.As a resident of Butte, it is hard for me to keep in mind that this is a historical account. Although ACM's smelting operations ended in 1974, the legacy of cultural and environmental damage lingers on. The morning newspaper reported forty‐six homes in Butte contaminated with lead and arsenic: “The federal Agency for Toxic Substances and Disease Registry is conducting an investigation, and encourages all children to be tested.”. (shrink)

Physicians’ fear of criminal prosecution for prescribing opioid analgesics is a major reason why many chronic pain patients are having an increasingly difficult time obtaining medically appropriate pain relief. In Ruan v. United States, 142 S. Ct. 2370 (2022), the Supreme Court unanimously vacated two federal convictions under the Controlled Substances Act. The Court held that the government must prove that the defendant knowingly or intentionally acted in an unauthorized manner.

Rachlin overlooks that free will determines when and in what direction acts that appear impulsive will occur. Because behavioral patterns continuously evolve, animals are not guaranteed when they will, or how to, maximize larger-later reinforcements. An animal therefore uses self-control to emit free acts to vary behavioral patterns to optimize larger-later rewards.

Résumé On sait comment le choix du terme latin substantia est inséparable d’une interprétation de l’ ousia aristotélicienne comme d’un sujet (stable) recevant des propriétés ou accidents. Cette interprétation de l’étant n’a toutefois pas été exclusive chez les premiers auteurs latins qui se sont approprié la doctrine aristotélicienne des catégories. Marius Victorinus et Boèce se sont en effet attachés, l’un comme l’autre, mais selon des approches distinctes, à un autre sens de l’être : dans cette optique, ce qui est demande (...) à être envisagé, non pas en termes de sujet (subiectum), mais en termes d’acte ( actus, mais aussi opus/operatio ). L’article examine la manière dont cette attention portée à l’acte transmet sans doute, mais en même temps modifie la thématique aristotélicienne de l’ ousia hôs energeia. (shrink)

This paper explores the role of World Health Organization (WHO) medical experts in ambitious projects for substance control during the Cold War in Thailand and India. The circumstances surrounding opium production in these two nations were very different, as were the reasons for requesting expert assistance from the United Nations. Whereas the Thai military regime was concerned with controlling illicit traffic to secure its borders, the Indian government wanted to direct its opium raw materials towards domestic pharmaceutical production. Overlapping (...) and sometimes competing agendas of country governments and international agencies converged upon each project, complicating the consultants’ work and requiring careful navigation. In both cases, medicine as a science concerned with human health and well-being was subordinated to more pressing agendas. At the same time, the article argues that WHO consultants left an important impact, though not necessarily due to their skills and training in medicine. Instead, they provided exemplars of sound governance and delivery of public health in a politically stable and economically developed country. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Emergent Spacetime, the Megastructure Problem, and the Metaphysics of the SelfSusan Schneider (bio)The aim of this article is to introduce new thoughts on some pressing topics relating to my book, Artificial You, ranging from the fundamental nature of reality to quantum theory and emergence in large language models (LLM) like GPT-4. Since Artificial You was published, the innovations in the domain of AI chatbots like GPT-4 have been rapid-fire, (...) and at times dizzying. The thoughtful discussion in this symposium offers an important opportunity for cross-cultural engagement on these issues and more. I am grateful for the opportunity to learn from the insights of these authors and editors. [End Page 314]The order of my comments will be as follows: in the context of considering Christian Coseru's intriguing response (section 1), I begin by discussing the nature of the self, which I use as a springboard into larger, vexing issues about the nature of fundamental reality, given work on emergent spacetime (ES) (section 2). I offer a "Prototime Interpretation" of quantum mechanics in which spacetime emerges from a prototemporal arena, and use this idea to explore the nature of the self and mind.Using the assumption of ES, I devise an approach to metaphysically fundamental objects (which I call "quantum objects") based on quantum entanglement and the bundle theory of substance. I illustrate how the self or mind, insofar as it is a substance that supervenes on quantum objects, could be partly or fully determined by the properties of the quantum objects on which it supervenes. Intriguingly, this would mean that the self or mind is not located in any singular point in space at a given time. I also explain how the Prototime Interpretation of quantum mechanics is compatible with change and causation at the fundamental level.In section 3 I turn to Inês Hipólito's interesting article, discussing the import of not underestimating AI autonomy in light of the increasingly sophisticated large-language models (LLMs).1 I raise the "AI Megastructure Problem," a new problem of AI control arising in the context of the incipient AGI systems that are now populating the AI ecosystem. The problem, which arose from a collaboration with Kyle Kilian, considers the possibility of emergent properties from the interaction of the LLMs and other AI's in the AI ecosystem (Schneider and Kilian 2023). Then, turning to Noam Cook's intriguing discussion of Japanese philosophy, I consider the pressing issue of testing for machine consciousness, devising a modified version of my AI consciousness test (ACT), originally developed with astrophysicist Edwin Turner. I add an "interpretability component" to the ACT to deal with the case of LLMs (section 4).I. Patternism and the Biological Process ViewChristian Coseru's intriguing piece focuses on the chapters on personal identity in Artificial You, proposing that when it comes to the nature of the self, one should adopt "a biologically informed process-ontology perspective on personal identity," which "means recognizing that organic identity is different in kind: it is an identity of form rather than of matter."His position is akin to the patternist views that I argue against in Artificial You in the sense that it embraces the idea that form, rather than the particular matter that comprises one's brain and body, is key to one's survival over time. But there are important differences as well. For transhumanists tend to believe that the self can survive radical changes in one's substrate, transitioning from thinking with a biological brain to computing with a network of microchips, for instance. Coseru departs from this, writing: [End Page 315]As organisms, persons endure by undergoing constant change on a fundamentally cellular level, including the change in the neural pathways that realize the cognitive processes of thinking and expressing these very thoughts right now.Furthermore:[I]f persons are processes rather than things, then they cannot be cognitively enhanced by augmenting, replacing or transferring their functioning parts (e.g., brain cells).I will call this position the "Biological Process View" (BPV). I have several questions about it. First, how does this position solve one of the key problems I raised for... (shrink)

From the Introduction: The papers collected in this book are based on the assumption that art, as any other activity of the mind, is subject to psychology, accessible to understanding, and needed for any comprehensive survey of mental functioning. The author believes, furthermore, that the science of psychology is not limited to measurements under controlled laboratory conditions, but must comprise all attempts to obtain generalizations by means of facts as thoroughly established and concepts as well defined as the investigated situation (...) permits. Therefore the psychological findings offered or referred to in these papers range all the way from experiments in the perception of shape or observations on the art work of children to broad deliberations on the nature of images or of inspiration and contemplation. It is also assumed that every area of general psychology calls for applications to art. The study of perception applies to the effects of shape, color, movement, and expression in the visual arts. Motivation raises the question of what needs are fulfilled by the production and reception of art. The psychology of the normal and the disturbed personality searches the work of art for manifestations of individual attitudes. And social psychology relates the artist and his contribution to his fellow men. A systematic book on the psychology of art would have to survey relevant work in all of these areas. My papers undertake nothing of the kind. They are due to one man's outlook and interest, and they report on whatever happened to occur to him. They are presented together because they turn out to be concerned with a limited number of common themes. Often, but unintentionally, a hint in one paper is expanded to full exposition in another, and different applications of one and the same concept are found in different papers. I can only hope that the many overlappings will act as unifying reinforcements rather than as repetitions. These papers represent much of the output of the quarter of a century during which I have been privileged to live, study, and teach in the United States. To me, they are not so much the steps of a development as the gradual spelling-out of a position. For this reason, I have grouped them systematically, not chronologically. For the same reason, I did not hesitate to change the words I wrote years ago wherever I thought I could clarify their meaning. Removed from my original intimacy with the content, I approached the text as an unprepared reader, and when I stumbled, I tried to repair the road. In some instances, I recast whole sections, not in order to bring them up to date, but in the hope of saying better what I meant at the time. Some of the earlier papers led to my book, _Art and Visual Perception_, which was written in 1951 and first published in 1954- Sections of the articles on perceptual abstraction, on the Gestalt theory of expression, and on Henry Moore are incorporated in that book. Others continued where the book left off, for instance, the attempts to describe more explicitly the symbolism conveyed by visual form. The short piece on inspiration provided the substance for the introductory chapter on creativity in my more recent book, Picasso's Guernica. Finally, in rereading the material, I was surprised to find how many passages point to what is shaping up as my next task, namely, a presentation of visual thinking as the common and necessary way of productive problem solving in any human activity. Ten of the papers in this book were first published in the _Journal of Aesthetics and Art Criticism_. To mention this is to express my indebtedness to the only scholarly periodical in the United States devoted to the theory of art. In particular, Thomas Munro, its first editor, showed a great trust in the contribution of psychology. He made me feel at home among the philosophers, art historians, and literary critics whose lively propositions inhabit the hostel he founded and sustained. To him, as well as to my friends of the University of California Press, who are now publishing my fourth book, I wish to say that much of what I thought about in these years might not have been cast into final writing, had it not been for their sympathy, which encouraged the novice and keeps a critical eye on the more self-assured pro. There are a few scientific papers here, originally written for psychological journals but free, I hope, of the terminological incrustation that would hide their meaning from sight. There are essays for the educated friend of the arts. And there are speeches, intended to suggest practical consequences for art education, for the concerns of the artist, and for the function of art in our time. These public lectures are hardly the products of a missionary temperament. In fact, I marveled why anybody would go to a theorist for counsel, illumination, and reassurance in practical matters. However, when I responded to such requests I noticed, bewildered and delighted, that some of my findings pointed to tangible applications, which were taken to be useful. (shrink)

The academic community in the West tends to be suspicious of Russian philosophy, often relegating it to another category, such as “ideology” or “social thought.” But what is philosophy? There is no simple universal definition, and many thinkers consider it impossible to formulate one. The most credible attempt is nominalistic: philosophy is the practice in which Plato and Aristotle were involved. As Alfred North Whitehead wrote, “The safest general characterization of the European philosophical tradition is that it consists of a (...) series of footnotes to Plato.”If so, then Russian thought needs to be understood as an important part of the Western philosophical heritage, given that it offers perhaps the most elaborate set of footnotes to Plato's most mature and comprehensive dialogues: the Republic and the Laws. The status of ideas in Russian philosophy mirrors Plato's vision of them as ontological and political entities, “laws,” or ideal principles—as distinct from mere epistemic units or tools of cognition. The Platonic tendency to integrate and implement religious, philosophical, and political teachings culminated in twentieth-century Russia. In the Soviet state, perhaps more than anywhere else in history, philosophy became a supreme legal and political institution, acquiring the power of a suprapersonal, universal reason. Hence thought itself, in the moment of its triumph, became a prisoner in the social structures that Soviet ideocracy erected on a philosophical foundation. In discussing Russian philosophy, we inevitably consider the practical application of Platonic conceptions by the Soviet ideocracy to a state in which philosophy was called upon to rule.According to Sergei Averintsev, the emphasis on Platonism in the Russian intellectual tradition is nothing to be proud of; it should rather be lamented and repented. Despite the obvious Platonic preferences of Russian thinkers (from Ivan Kireyevsky to Aleksei Losev), Averintsev asks whether even now we might be able to reorient the tradition toward Aristotle instead—toward a more secular, tolerant, and analytic philosophy of human nature. “If Plato is the first utopian,” Averintsev writes, “Aristotle is the first thinker to look the spirit of utopia right in the eye and overcome it.... Aristotle's technique of thought is more neutral toward religion than is Plato's ecstasy.” Characteristically, the name index to the Palgrave Handbook of Russian Thought contains almost twice as many mentions of Plato as of Aristotle.Each national tradition has its own “strange attractor,” as they say now in complexity theory. English empiricism, French rationalism, German Idealism, American pragmatism... However stereotypical these generalizations are, they help to clarify the nations’ distinctive contributions to philosophy. Where does Russia stand in this row? I think that Caryl Emerson is correct to pinpoint, among the most distinctive features of the Russian intellectual tradition, the striving for “wholeness” (tselostnost’). Many Russian thinkers seem to evade definitive and particular “isms,” preferring to find ways of complementing (and thus diluting) those that are on offer. Faced with the claims for rationalism, for example, the Russian response tends to be that true rationality is or should be coupled with fullness of feeling. The characteristic Russian “ism” is at best “holism,” at worst “totalitarianism,” and is usually directed against Western thought. Kireyevsky declares: There [in the West] is a bifurcation [razdvoenie] of the spirit, a bifurcation of thoughts, a bifurcation of the sciences, a bifurcation of the state, a bifurcation of estates, a bifurcation of society, a bifurcation of family rights and duties, a bifurcation of morality and the heart.... In Russia, on the contrary, there is a predominant tendency toward the wholeness of the inner and the outer, of public and moral being.Vladimir Solovyov held that the goal of all knowledge was to comprehend “total unity” and to overcome all kinds of unilateralism, which he referred to as “abstract elements” (otvlechennye nachala). These one-sided elements included Realism, rationalism, empiricism, and positivism, all of which had been advanced by Western philosophical movements.Reading the Handbook, I was struck by how steadily, from one thinker to another, the concept of “unity” is reiterated in various synonyms and contexts: “all-unity,” “wholeness,” “totality,” “integrity,” “edinstvo,” “tsel'nost,’” “tselostnost,” “sobornost,” and so forth. Russian thinkers endeavor not to create something original and special but to unify everything that has already been done and known. Consider opponents, like the Slavophiles and Westernizers; take Petr Chaadaev and Vissarion Belinsky, Kireyevsky and Alexander Herzen, Dostoevsky and Solovyov—all are united by this “super-idea,” proclaiming its embodiment to be the all-embracing vocation of the Russian people. At the same time, they sharply reject all “private principles” and “trashy certainty” (Belinsky's driannaia opredelennost’)—anything that restricts and divides individuals or nations. All these forms of privacy and particularity must be overcome on the way to a universal whole that is even greater in scale than Western Catholicism. According to this logic of totality, we would be better off left with nothing than to be content with the particular and the limited. The first original Russian thinker, Chaadaev (1794–1856), makes the salto mortale of declaring Russia a country that has given nothing to the world, then proclaiming that Russia's destiny is to rise above the rest of the world and resolve all its contradictions. From nothing to everything: such are the philosophical foundations for the totalitarian aspiration of Russian thought, which eventually expressed itself in the revolutionary movements and communist experiments of the twentieth century.As is well known, Russian literature is considered in the West a far more powerful and original expression of philosophical ideas than Russian philosophy as such. Characteristically, then, almost half of the Handbook, its entire second part, is devoted to the dialogue of Russian philosophy with literature and art. As M. N. Forster remarks in the Handbook's concluding essay: “It is natural to wonder why this striking asymmetry between relatively modest achievements in pure philosophy and spectacularly high achievements in literature came about.” To the literary focus of Russian philosophy, we can add a political focus. At least a third of part one of the Handbook is devoted to Russian political and revolutionary philosophy, to Lenin and other Marxists, to Ivan Ilyin, and so on. In this context, both literature and politics assumed philosophical dimensions, often overshadowing philosophy itself.Bertrand Russell lamented that the system of philosophical categories in the West featured mostly nouns (being, consciousness, idea, matter, substance, and so forth), omitting adjectives, verbs, prefixes, and other parts of speech. This criticism should be applied to the category philosophy itself. Why the noun philosophy rather than the adjective philosophical, which can be applied to many areas of activity and creativity, including literature and politics?In Russian intellectual history, the philosophical, rather than philosophy, is the predominant category. The state, ideology, economics, politics and geopolitics, literature, art, warfare, space exploration—all these spheres in Russia and the USSR have been and remain abundantly philosophical, subordinated to certain philosophical tasks, though philosophy as such has never been as developed and sophisticated as in the West. As a discipline, Western philosophy “outsourced” itself to Russian disciples, leaving it to Dostoevsky and Tolstoy, Lenin and Trotsky, to test in literary and political practices a host of Western philosophical ideas, from those of Plato, Rousseau, and Hegel to those of Feuerbach, Marx, and Nietzsche.Likewise, the verb to philosophize is used in ways unusual and awkward in the West. “It is characteristic of the Russian people to philosophize [filosofstvovat'],” as Nikolai Berdyaev observed: “An illiterate Russian peasant likes to pose questions of a philosophical nature—about the meaning of life, about God, about eternal life, about evil and untruth, about how to realize the Kingdom of God.” The philosophical and philosophizing, as attributes and actions of the state and society, overpowered philosophy as a noun—as an academic discipline, if you will. Russian philosophy has had a very modest impact on the West, but the impact of the philosophical has been immense. Nineteenth-century Russian literature influenced Western culture with its philosophical interrogations and existential dilemmas, just as, in the twentieth century, the USSR influenced the West with the philosophical ideas (Marxism, materialism, dialectics, collectivism, socialism, communism) that determined Soviet ideology, politics, and economics.In the USSR of the 1920 and 1930s, for instance, philosophy as an independent academic subject was in a subdued position, as a servant of party ideology. But, meanwhile, the sphere of the philosophical spread to such distant domains as theater (Stanislavsky), physiology (Pavlov), and agriculture (Michurin), with all such activities glorified and sponsored by the state as “philosophically correct”—as faithful to “materialism” and “Realism.” Paradoxically, in the quintessentially philosophical state that was the USSR, the state of philosophy, with the repression of all independent thought and thinkers, was miserable. The fateful and often disastrous originality of Russian philosophy consisted precisely in its dissemination to other areas, in an act of kenosis or self-transcendence that can be viewed both as an aggressive philosophical appropriation of politics, economics, ideology, and literature—and as philosophy's sacrificial devotion to the world beyond its professional boundaries.So there are three features that make Russian thought relevant and dangerous: its Platonic utopian aspiration; its spirit of totality; and its tendency to transcend the boundaries of academic philosophy and to philosophize society, politics, and life in general. Russian philosophy has not been as good at explaining the world as at changing it, sometimes ethically and poetically, sometimes violently and aggressively. Teachers and students of Russian culture should be deeply motivated to draw more attention to the philosophical in Russia and to raise its status in the Western academy. In my view, we would do better service to Russian philosophy if we are frank enough to qualify it as dangerous, sometimes very toxic and addictive, fraught with totalistic tendencies. This philosophy is the voice of the “underground,” both in the Dostoevskian and Leninist senses.At the same time, however, the antidotes concocted in the Russian metaphysical laboratory are of enormous value: the Russian versions of personalism, existentialism, secular and religious liberalism, neorationalism, culturology, conceptualism, and postmodernism. These movements, which counteract totalization, need to be studied precisely because they were cooked up and tested under the same extreme conditions in which the most dangerous intellectual poisons have been produced. (shrink)

Changes in the abundance of protein and RNA molecules can impair the formation of complexes in the cell leading to toxicity and death. Here we exploit the information contained in protein, RNA and DNA interaction networks to provide a comprehensive view of the regulation layers controlling the concentration‐dependent formation of assemblies in the cell. We present the emerging concept that RNAs can act as scaffolds to promote the formation ribonucleoprotein complexes and coordinate the post‐transcriptional layer of gene regulation. We describe (...) the structural and interaction network properties that characterize the ability of protein and RNA molecules to interact and phase separate in liquid‐like compartments. Finally, we show that presence of structurally disordered regions in proteins correlate with the propensity to undergo liquid‐to‐solid phase transitions and cause human diseases. Also see the video abstract here https://youtu.be/kfpqibsNfS0. (shrink)

Transgenic insecticidal Bt crops are being increasingly used worldwide, and concern is increasing about resistance and their effects on nontarget organisms. The toxin acts as a weak pesticide and, hence, the effects are subtler than those of chemical biocides. However, the toxin is ever present, but concentrations vary with age of plant and plant subunit, causing varying lethal and sublethal effects on pest survival, developmental time, and fecundity. Refuges for susceptibility to Bt occur spatially in non-Bt hosts and temporally within (...) the crop because of time-varying toxicity and pest tolerance. Natural enemies feeding on Bt-intoxicated prey may have reduced longevity and, likely, fecundity that reduces their efficacy in controlling pest populations, and pest resurgence and secondary pest outbreaks may occur that may require insecticide use. System modeling is proposed as an efficient tool for examining the use of extant and future biotechnologies in pest control. (shrink)

The legalization of physician-assisted suicide remains a hotly debated issue throughout the United States, and continues to capture the attention of government officials at both the state and federal levels. While the practice is currently legal in Oregon, some federal lawmakers and officials from the U.S. Department of Justice have attempted to outlaw that state's practice through legislation, or through a strained interpretation of the federal Controlled Substances Act. And while several citizen groups throughout the United States have attempted (...) but failed to legalize PAS through popular initiative, several state lawmakers have succeeded in specifically outlawing the practice. Yet even though physician-assisted suicide remains unlawful in every state except Oregon, there is ample evidence that American physicians throughout the United States have participated in PAS by providing their terminally ill patients with lethal prescriptions. (shrink)

The observation that men reveal their distinctive identities as human beings in what they do and say seems neither very original nor very controversial. But consider the following set of implications: that men are more likely to reveal who they uniquely are when they act and speak spontaneously, than when they labor to maintain biological subsistence or work to produce a tangible world of human artifacts; that action and speech together make up a “web of human relationships” that forms the (...) intangible but vital substance of human community; that, paradoxically, when they act and speak in human community men are most truly free and yet least in control of their own destinies; that when deprived, as they can be, of human community men quickly lose the sense of their own reality as well as that of a world experienced in common; that the Athenian citizenry of Pericles’ time, fully aware of all this, constituted the greatest and possibly the last authentically “political” community in Western history; and that Pericles’ faith in the power of the Athenian polis to actualize and to sustain human greatness was, for understandable reasons, so short-lived that political thought and political decision from Plato to the present day might well be regarded as an escape from “politics” altogether. (shrink)

From the Introduction: The papers collected in this book are based on the assumption that art, as any other activity of the mind, is subject to psychology, accessible to understanding, and needed for any comprehensive survey of mental functioning. The author believes, furthermore, that the science of psychology is not limited to measurements under controlled laboratory conditions, but must comprise all attempts to obtain generalizations by means of facts as thoroughly established and concepts as well defined as the investigated situation (...) permits. Therefore the psychological findings offered or referred to in these papers range all the way from experiments in the perception of shape or observations on the art work of children to broad deliberations on the nature of images or of inspiration and contemplation. It is also assumed that every area of general psychology calls for applications to art. The study of perception applies to the effects of shape, color, movement, and expression in the visual arts. Motivation raises the question of what needs are fulfilled by the production and reception of art. The psychology of the normal and the disturbed personality searches the work of art for manifestations of individual attitudes. And social psychology relates the artist and his contribution to his fellow men. A systematic book on the psychology of art would have to survey relevant work in all of these areas. My papers undertake nothing of the kind. They are due to one man's outlook and interest, and they report on whatever happened to occur to him. They are presented together because they turn out to be concerned with a limited number of common themes. Often, but unintentionally, a hint in one paper is expanded to full exposition in another, and different applications of one and the same concept are found in different papers. I can only hope that the many overlappings will act as unifying reinforcements rather than as repetitions. These papers represent much of the output of the quarter of a century during which I have been privileged to live, study, and teach in the United States. To me, they are not so much the steps of a development as the gradual spelling-out of a position. For this reason, I have grouped them systematically, not chronologically. For the same reason, I did not hesitate to change the words I wrote years ago wherever I thought I could clarify their meaning. Removed from my original intimacy with the content, I approached the text as an unprepared reader, and when I stumbled, I tried to repair the road. In some instances, I recast whole sections, not in order to bring them up to date, but in the hope of saying better what I meant at the time. Some of the earlier papers led to my book, _Art and Visual Perception_, which was written in 1951 and first published in 1954- Sections of the articles on perceptual abstraction, on the Gestalt theory of expression, and on Henry Moore are incorporated in that book. Others continued where the book left off, for instance, the attempts to describe more explicitly the symbolism conveyed by visual form. The short piece on inspiration provided the substance for the introductory chapter on creativity in my more recent book, Picasso's Guernica. Finally, in rereading the material, I was surprised to find how many passages point to what is shaping up as my next task, namely, a presentation of visual thinking as the common and necessary way of productive problem solving in any human activity. Ten of the papers in this book were first published in the _Journal of Aesthetics and Art Criticism_. To mention this is to express my indebtedness to the only scholarly periodical in the United States devoted to the theory of art. In particular, Thomas Munro, its first editor, showed a great trust in the contribution of psychology. He made me feel at home among the philosophers, art historians, and literary critics whose lively propositions inhabit the hostel he founded and sustained. To him, as well as to my friends of the University of California Press, who are now publishing my fourth book, I wish to say that much of what I thought about in these years might not have been cast into final writing, had it not been for their sympathy, which encouraged the novice and keeps a critical eye on the more self-assured pro. There are a few scientific papers here, originally written for psychological journals but free, I hope, of the terminological incrustation that would hide their meaning from sight. There are essays for the educated friend of the arts. And there are speeches, intended to suggest practical consequences for art education, for the concerns of the artist, and for the function of art in our time. These public lectures are hardly the products of a missionary temperament. In fact, I marveled why anybody would go to a theorist for counsel, illumination, and reassurance in practical matters. However, when I responded to such requests I noticed, bewildered and delighted, that some of my findings pointed to tangible applications, which were taken to be useful. (shrink)

The status of marijuana as an illegal drug has greatly evolved in recent years. Many countries have decriminalized possession of marijuana for personal use. Others have not decriminalized it but simply “tolerate” it for private personal use. Four countries have passed laws legalizing medical marijuana and one other tolerates the use of marijuana for medical purposes without having legislated a specific right for such possession and use. To date, 17 of the United States and the District of Columbia have also (...) passed laws regarding medical marijuana. However, state medical marijuana laws are at odds with the federal Controlled Substances Act, which prohibits possession of marijuana. This fact, in tandem with employer requirements under the Drug-Free Workplace Act, has created a dilemma for employers who have employees with medical conditions for which medical marijuana has been recommended. Given that 18 additional states currently have medical marijuana legislation pending, medical marijuana in the workplace is an issue which is not going to go away. As a result, it is time to examine the interface between federal and state laws as well as the public policy issues surrounding the lack of rights which medical marijuana patients have in their workplaces. (shrink)

The growth of esports as a recognized, organized, competitive activity in North America and Europe has evolved steadily from one of the most prominent sport industries in several Asian countries. Esports, which is still pursuing a widely accepted governance structure, has struggled to control the factors that typically act as a breeding ground for sport corruption. Within the esports industry, there is alleged widespread use of both prescription and off-label use of stimulants, such as modafinil, methylphenidate, and dextroamphetamine. Anti-doping (...) policy implementation in this environment may result in either the abuse of the Therapeutic Use Exemptions system or excluding too many competitors who have a legitimate need for these medications. In this paper, we contextualize esports and substance use within this emerging industry. Subsequently, we outline the specific challenges faced by esports organizations in crafting policies to address PEDs—one of the industry’s most pressing issues. Furt... (shrink)

The journal continues to publish translations of individual chapters of the book by the famous phenomenologist Michael Marder “The Philosopher’s Plant. An Inteellectual Herbarium”. Of the twelve stories, the fourth, “Augustine’s Pears”, and sixth “Maimonides Palm Tree” are selected. In the chapter “Augustine’s Pears” the first avowal in the Confessions of St. Augustine concerns the episode with the theft of pears, which he committed in the company of teenage friends. Today, most of us will perceive this theft as a relatively (...) innocent teenage prank. However, for Augustine, this act is symbolic, since, according to him, he did not crave pears, but forbidden fruit and the thrill of breaking the law. Whether these events actually took place is irrelevant. To demand to separate the real from the imaginary is to ignore the main message of Augustine and his method. The world for him is a matter of interpretation, an intermediate step towards the God. Everything empirically real pales in comparison with the “fictions” of faith, hope and love that pave the road to heaven. The separation of plant processes from plants themselves, life from continuous growth, and physiological activity from the mortal organism prevents their vitality. The fruit that does not rot in the guise of a good deed, and the memory that is eternally stored in God are theological and metaphysical fantasies that destroy the essence of the metaphor that carries them in itself. If the characteristic philosophical gestures of Augustine are spiritualization, interiorization and the use of allegories, then his ethics, although seeking legitimization in the discourse of natural law, is based on the obvious deprivation of life of its natural properties. By suppressing the plant within himself, Augustine excludes real plants from the sphere of moral significance. Although the fruits of the earth allegorically represent works of mercy, a merciful approach to plants is considered inappropriate. It is not surprising that Augustine shows almost no interest in the plants themselves, treating them as translucent screens through which the divine order shines through. If we want Augustine’s philosophy to remain relevant today, it is necessary to extract the ethical core from the shell of its theological denial of the world. Now that the transcendent absolute is no longer immune from questions, the certainty that the world exists for the sake of something external inevitably collapses. In the process of mourning the loss of the absolutes, one should remember the meaning of Augustine’s modified motto: Mundo frui! Enjoy the world! The chapter “Maimonides’ Palm Tree” is dedicated to Rabbi Moses Ben Maimon –Maimonides – presented a unified worldview based on the theories of his predecessors, and systematized religious laws in a code of fourteen volumes – “Repetition of the Torah”. Maimonides pays attention to everyday details, for example, what is allowed and what is forbidden to those who observe Sabbath; describes in detail the rules governing the sale, gifts and the right to use property. He demands that the stump with two shoots be left untouched from the olive tree. But palm trees can be uprooted because they do not give shoots – that is, these trees can be subjected to unlimited violence. The author calls the palm arbor sacra, thus referring to the concept of homo sacer introduced by J. Agamben. The statement of Maimonides – “man has an erroneous idea of himself and believes that the whole world exists only for his sake” – could well serve as a unifying slogan in today’s struggle against the domination of man over nature. “The Guide for the Perplexed”, the main philosophical work of Maimonides, contains clear and strict information about plants. Maimonides prefers to combine plants with inorganic substances rather than grouping plants together with animals. His “The Book of Cleanness” praises the cleansing properties of the soil, or, more precisely, the attachment of the plant to the soil. Regardless of the contamination of the seeds, their sprouts are purified as soon as they take root, reviving their original connection with the divine origin of existence. But the growth of plants threatens the very integrity of the Law. In order to control the excess of plant raw materials, Maimonides defends the purity of species. Plants are trivial and therefore unworthy of divine interest. A chain reaction occurs: plants are neglected, left to themselves, and subsequently they become more and more mysterious. Their freedom is still more radical than that inherent in the free will of man. (shrink)

Neurotrophins (NTs) are {?AUTHOR} a family of structurally related, secreted proteins that regulate the survival, differentiation and maintenance of function of different populations of peripheral and central neurons.1,2 Among these, BDNF (brain‐derived neurotrophic factor) has drawn considerable interest because both its synthesis and secretion are increased by physiological levels of activity, indicating a unique role of this neurotrophin in coupling neuronal activity to structural and functional properties of neuronal circuits. In addition to its classical neurotrophic effects, which are evident within (...) hours or days and which usually result from changes in cellular gene expression, BDNF exerts acute effects on synaptic transmission and is involved in the induction of long‐term potentiation. Many of these rapid effects of BDNF are mediated by its modulation of ion channel properties following TrkB‐mediated activation of intracellular second messenger cascades and protein phosphorylation. However, recent reports have shown that BDNF not only acts as a modulator of ion channels, but can also directly and rapidly gate a Na+ channel, thereby assigning BDNF the properties of a classical excitatory transmitter. Thus, BDNF, in addition its role as a potent neuromodulator, emerges as an excitatory transmitter‐like substance which acutely controls resting membrane potential, neuronal excitability, synaptic transmission and participates in the induction of synaptic plasticity. BioEssays 26:1185–1194, 2004. © 2004 Wiley Periodicals, Inc. (shrink)

Adequate treatment of pain is essential to alleviate suffering, yet studies show that patients with terminal or serious illness receive inadequate pain relief. In the case of terminally ill patients, adequate palliation of pain may be likely to reduce requests for physician-assisted suicide. This issue of the journal addresses barriers to effective pain relief and suggests how treatment of pain can be improved. The symposium features the Pain Relief Act, which is designed to provide practitioners who prescribe controlled substances (...) for pain with protection from inappropriate legal sanctions. The Act is the product of the Project on Legal Constraints on Access to Effective Pain Relief, whose principal investigators were Nancy Neveloff Dubler, LL.B., Sandra H. Johnson, J.D., LL.M., Robert J. Levine, M.D., and Benjamin W. Moulton, J.D., M.P.H.The Project was supported by the Mayday Fund and the Emily Davie and Joseph S. Kornfeld Foundation. (shrink)

Data from multiple sources point to the desire for revenge in response to grievances or perceived injustices as a root cause of violence, including firearm violence. Neuroscience and behavioral studies are beginning to reveal that the desire for revenge in response to grievances activates the same neural reward-processing circuitry as that of substance addiction, suggesting that grievances trigger powerful cravings for revenge in anticipation of experiencing pleasure. Based on this evidence, the authors argue that a behavioral addiction framework may be (...) appropriate for understanding and addressing violent behavior. Such an approach could yield significant benefits by leveraging scientific and public health-oriented drug abuse prevention and treatment strategies that target drug cravings to spur development of scientific and public-health-oriented “gun abuse” prevention and treatment strategies targeting the revenge cravings that lead to violence. An example of one such “motive control” strategy is discussed. Approaching revenge-seeking, violence, and gun abuse from the perspective of compulsion and addiction would have the added benefit of avoiding the stigmatization as violent of individuals with mental illness while also acknowledging the systemic, social, and cultural factors contributing to grievances that lead to violent acts. (shrink)

The future clearly lies in restricting the introduction of new treatments into medical practice unless they are beneficial and an improvement over existing compounds, together with a stepwise re-evaluation of current therapies. The days of analogue development which give 10% or 15% improvement in toxicity over existing compounds are no longer acceptable, and resources should be preserved for real advances. These may require support in their development, particularly at the randomised controlled trial level, by government or research institutions in collaboration (...) with industry.Patients in general are now better informed by their physicians, nurse specialists and self-help groups, although few regions have gone as far as Oregon in information dissemination and involvement of patients in resource allocation decisions. We should take comfort from the fact that in spite of all the difficulty, new treatments continue to be developed, reflecting a commitment from the public, government and the private sector for continued progress. The way forward may be challenging, but the medical profession has to demonstrate leadership by countering the short-sightedness and over-regulation which has resulted from the recent economic recession. We should be seen to be acting with foresight in maintaining the quest for real improvement in the best interests of patients. Governments in turn have a responsibility to ensure they maintain independent bodies of professionals who have the qualities of flexibility, critical ability and vision to ensure continued development of high quality care. (shrink)

We aim to find a middle path between disease models of addiction, and those that treat addictive choices as choices like any other. We develop an account of the disease element by focussing on the idea that dopamine works primarily to lay down dispositional intrinsic desires. Addictive substances artifically boost the dopamine signal, and thereby lay down intrinsic desires for the substances that persist through withdrawal, and in the face of beliefs that they are worthless. The result is (...) cravings that are largely outside the control of the addict. But this does not mean that addicts are bound to act on such cravings, since they typically retain their faculty of self-control. The issue is one of difficulty not impossibility. Controlling an addictive craving is exceedingly demanding. (shrink)

A large and impressive literature has arisen over the past fifteen years concerning the emergence, transfer, and sustenance of political norms in international life. The presumption of this literature has been, for the most part, that the winds of normative change blow in a progressive direction, toward greater or more stringent normative control of individual or state behavior. Constructivist accounts detail a spiral of mutual normative reinforcement as actors and institutions discover the advantages of normative self- and other evaluation. (...) There is also now much interesting research focused on the question of how to predict the emergence of future norms.I focus, however, on a different issue here: the death of norms that had once seemed well internalized and institutionalized. The issue arises in relation to one of the most dramatic features in the defense policy of the United States since 2001: the crumbling of highly restrictive normative regimes prohibiting interrogatory torture and assassination as part of the “global war on terror.” My aim here is to sketch what I take to be the central features of cases in which even norms that are clearly defined and apparently well internalized in a democracy nonetheless lose their grip on policy. The ultimate lesson, however, is an unappealing irony: While democracies surely do better than authoritarian regimes in adopting and internalizing certain kinds of constraints, in part because of a greater sensitivity to public mobilization around normative questions, that same sensitivity makes the long-term survival of these norms precarious. In particular, I suggest that force-constraining norms are most effectively internalized by coherent and relatively insulated professional cadres who see themselves as needing to act consistently over time. But in a democracy the values and arguments of those cadres are susceptible to being undermined by a combination of public panic and the invocation by policymakers of a public interest that can override the claims both of law and pragmatic restraint. Democracy, hence, can be at the same time both fertile and toxic: fertile as a source of humanitarian values and institutions, but toxic to the very institutions it cultivates.The model I will describe may be of predictive use in helping us to see the special vulnerability of normative orders in democracies. But my hope is that it is also constructive in showing us how states and institutions committed to maintaining a certain normative order, especially democratic states, might best try to entrench those norms. While my argument is conceptual and philosophical, it draws on this recent history. I also add two qualifications to this article's title. First, I am not addressingallnorms, but specific norms concerning the state use of force in national security policy. I therefore do not make claims about the generalizability of the conflict I describe to other norms, for example, norms of racial, sexual, or religious orthodoxy or hierarchy, or norms of reciprocal interaction. Second, reports of a norm's death are frequently exaggerated, since norms can be latent, then resurrected. Arguably, the anti-torture norm was resuscitated by President Obama in 2009 when, as one of his first official acts as chief executive, he moved to prohibit cruel, inhuman, and degrading treatment of detainees. I write here about the path of decay, whether or not that path is unidirectional, and why previously salient norms no longer seem to govern policy choice among political decision-makers. (shrink)