Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

What kind of knowledge is medical knowledge? Can medicine be explained scientifically? Is disease a scientific concept, or do explanations of disease depend on values? What is ‘evidence-based’ medicine? Are advances in neuroscience bringing us closer to a scientific understanding of the mind? The nature of medicine raises fundamental questions about explanation, causation, knowledge and ontology – questions that are central to philosophy as well as medicine. In this book Paul R. Thompson and Ross E. G. Upshur introduce the (...) fundamental issues in philosophy of medicine for those coming to the subject for the first time. They introduce and explain the following key topics: Understanding the physician-patient relationship: the phenomenology of the medical encounter. Models and theories in biology and medicine: what role do theories play in medicine? Are they similar to scientific theories? Randomised controlled trials: can scientific experiments be replicated in clinical medicine? What are the philosophical criticisms levelled at RCTs? The concept of evidence in medical research: what do we mean by ‘Evidence-based medicine?’ Should all medicine be based on evidence? Causation in medicine What do advances in neuroscience reveal about the relationship between mind and body? Defining health and disease: are explanations of disease objective or do they depend on values? Evolutionary medicine: what is the role of evolutionary biology in understanding medicine? Is it relevant? Extensive use of empirical examples and case studies is made throughout the book. These include debates about smoking and cancer, the use of placebos in randomised controlled trials and controversies about research into the causes of HIV and autism. This is an indispendable introduction to those teaching philosophy of medicine and philosophy of science. (shrink)

Problematic substance use (PSU) among nurses has wide‐ranging adverse implications. A critical integrative literature review was conducted with an emphasis on building knowledge regarding the influence of structural factors within nurses' professional environments on nurses with PSU. Five thematic categories emerged: (i) access, (ii) stress, and (iii) attitudes as contributory factors, (iv) treatment policies for nurses with PSU, and (v) the culture of the nursing profession. Conclusions were that an overemphasis on individual culpability and failing predominates in the literature and (...) that crucial knowledge gaps exist regarding the influence of structural factors on driving and shaping nurses' substance use. (shrink)

In this article, I critically respond to Herbert Gintis's criticisms of the behavioral-economic foundations of Ken Binmore 's game-theoretic theory of justice. Gintis, I argue, fails to take full account of the normative requirements Binmore sets for his account, and also ignores what I call the ‘scale-relativity’ considerations built into Binmore 's approach to modeling human evolution. Paul Seabright's criticism of Binmore, I note, repeats these oversights. In the course of answering Gintis's and Seabright's objections, I clarify and extend Binmore (...) 's theory in a number of respects, integrating it with Kim Sterelny's and Don Ross's recent work on the evolution of people as cultural entities. The account also yields a novel basis for choosing between socialism and what Binmore calls ‘whiggery’ as normative political programs. Key Words: theory of justice • bargaining theory • evolutionary game theory • human evolution • Ken Binmore • Herbert Gintis • Kim Sterelny. (shrink)

Written by renowned Aristotle scholar Sir David Ross, this study has long been established as one of the foremost surveys of Aristotle's life, work and philosophy. With John L. Ackrill's introduction and updated bibliography, created for the sixth edition, the book continues to serve as a standard guide, both for the student of ancient history and the general reader.

Murphy (2006) criticizes psychiatric nosology from the perspective of the philosophy of science, arguing that the model of pathology as encapsulated in the Diagnostic and Statistical Manual of Mental Disorders reflects a folk conception of the mental, and of malfunctioning, that is inadequately integrated with cognitive and behavioral neuroscience. The present paper supports this view through a case study of research on pathological gambling. It argues that recent modeling based on fMRI studies and behavioral genetics suggests a stipulative, non-seamless reduction (...) of pathological gambling to a specific disorder of the mesolimbic dopamine system. This argument is agnostic as between prior philosophical commitments to realism or empiricism. (shrink)

Research indicates that actors who intentionally bring about harmful consequences are blamed more for their actions than those who do so unintentionally. However, in many instances of harmful behavior, intentions are ambiguous. The Culpable Control Model of Blame (CCM) predicts that the degree to which an actor is blamed for causing a harmful outcome is strongly influenced by information about the actor’s character, motives, or desires and that initial blame assessments impact important blame-related criteria such as judgements regarding the actor’s (...) intent. Deviant causal sequences, those in which negative outcomes occur in ways that the actor did not foresee, are highly unlikely, or are coerced, include circumstances that could mitigate assignment of blame. Such sequences provide a test of predictions derived from the CCM. Findings of three studies supported a model in which participants ascribed greater blame to an actor with opprobrious character, motives, or desires, which, in turn, affected judgments of a main criterion related to intent, and, in the last step, accounted for ascriptions of intent. These findings support the CCM’s contention that blame-reactions to an actor and outcome influence judgments about criteria, such as intent, that are often considered to be determinants rather than consequences of blame. (shrink)

The argument for children's rights in health care has been long in the making. The success of this position is reflected in the 1995 American Academy of Pediatrics recommendations for the role of children in health care decisionmaking, which suggest that children be given greater voice as they mature. But there are good moral and practical reasons for exercising caution in these health care situations, especially when the child and parents disagree. Parents need the moral and legal space within which (...) to make decisions that will facilitate their child's long‐term autonomy, not only her present‐day autonomy. Moreover, third‐party intrusion, by physicians or the state, should be resisted unless negligent and abusive decisions are in the making. (shrink)

Approximately thirty almost entirely overlooked books appeared in Europe between 1500 and 1700 that include the word anthropologia in their titles. At first glance, the content of these works bears no resemblance to anthropology as we think of it. They present a combination of medieval traditions, cutting-edge medical practices, and evolving natural philosophical and theological systems found in universities of all confessions across Europe. But these largely overlooked sources reveal that the disciplines we use to study ourselves may have developed (...) from an intertwined natural philosophical and religious system. They suggest that anthropology’s typical origin narrative should be reconsidered. (shrink)

This article contends that Dworkin's notion of ‘genuine’ theoretical disagreements, which is a fundamental pillar in his criticism of legal positivism and semantic disagreements, requires a realist reinterpretation. This view is defended according to two core arguments. First, a realist reinterpretation of ‘genuine’ theoretical disagreements enables Dworkin to avoid semantic criticisms such as the one advanced by Joseph Raz, who propounds a sophisticated model of criterial semantics to explain theoretical disagreements. Second, to make intelligible the distinction between theoretical and semantic (...) disagreements in law, we need to resort to realist elements. The conclusion is striking and in clear contradiction with Dworkin's ametaphysical and epistemic abstinence. The article shows that there is a problematic tension within Dworkin's constructivist project and that he should revise either its ametaphysical view and epistemic abstinence, or notions such as ‘genuine’ theoretical disagreements. (shrink)

This paper provides an overview of the societal impact of a rising dementia population and examines the legal and ethical implications posed by voluntary registries as a community-oriented solution to improve interactions between law enforcement and individuals with dementia. It provides a survey of active voluntary registries across the United States, with a focus on Arizona, which has the highest projected growth for individuals living with dementia in the country.

Decision making for children who suffer abusive head trauma invokes multiple ethical considerations. The degree to which parents are permitted to participate in decision making after the injury has occurred is controversial. In particular, in this issue of The Journal of Clinical Ethics, Grigorian and colleagues raise concerns about the potential for conflict of interest in end-of-life decision making if the parents are facing criminal charges that could be escalated if the child dies. There are additional concerns about the parents’ (...) capacity to make decisions that are best for the child, given that the injury occurred. We argue that there are important reasons not to exclude parents from the decision-making process and that, with appropriate safeguards in place, parents are integral to determining what is best for the child. (shrink)

Volume 24, Issue 10, October 2024, Page 115-117.

analogy, the similarity along with difference, among meanings, among sorts of thinking, and among realities. Analogy theory ori­ginated with *Aristotle in its three main parts: analogy of meaning, analogous thinking, and analogy of being. There were some ante­cedents in *Plato, where the names of Forms and of participating things are the same but differ in meaning, and the notion of ‘being’ is said to differ with what we are talking about, for example Forms versus physical things (Sophist). Systematic use of (...) the three elem­ents to unify philosophy and to resolve problems is, however, Aristotle's invention along with the idea that *metaphor is a species of analogy. Aristotle distinguished what were later called analogies of attribution, based on causation, signs, symptoms, and represen­tations (medical skill, medical supplies; hat/head cover, hat/in pic­ture), from analogy based on proportionality, A: B :: C : D; where the common implicit predicate is related in meaning (supplied food. (shrink)

This essay examines the particular contributions of three communities of women religious for the ways in which they incorporated concerns for the moral formation of their students together with a focus on beauty. These communities not only provided a basic “Catholic moral education” but also aimed to develop persons who saw their responsibility as building a better world that was not only good but also beautiful. Given recent attention to the relationship between ethics and aesthetics, this essay shows how the (...) work of women religious makes a significant contribution to this field. (shrink)

In a period of high definition, photorealism, and postmodern deconstruction the experience of art making, its theory, and its art itself have drifted away from some understandable connection to the process of art creation as a connection to some psychologically deep inspiration. Abstract art as conceived and practiced by Wassily Kandinsky, which included in his later stage beyond representation or abstractions of representation jumbled gatherings of biomorphs with no connection to representation may be compared to the White Shaman rock art (...) panel with its gathering of seemingly abstract geometric images as well as transformed representational imagery, much like the related Fate Bell Shelter rock art and Three Rivers Petroglyphs. Kandinsky would claim his expressed abstractions are prompted by his psyche. The artist or artists of the White Shaman panel of the lower Pecos River operated under transformed consciousness and Shamanism. Kandinsky’s “unconscious, spontaneous expression” and “expression... of inner feeling” may be compared to the probably hallucinogenic connection to the other world in the White Shaman panel. Such connections and abstractions and transformations could be related to the “total theater” of Diaghilev and the contemporary rave dances in which consciousness is heightened by sensory overload. The cybernetic capacity of the computer age has worked in another direction and even “objectified” consciousness itself. (shrink)

This anthology has been significantly expanded for this edition to include a wider range of contemporary issues.

In Authority and Tradition in Ancient Historiography, John Marincola downplays the importance of an historian's choice to use first-, rather than third-, person verbs to represent his actions as an historical protagonist within his narrative. Marincola's justification for this rests on the incongruous groupings that arise if one divides first-person narrators from third: among the former we find Velleius, Eutropius and Ammianus representing Latin historians of the Empire. However, as part of a wider study which examines Ammianus' nuanced use of (...) allusion to earlier Latin authors, Gavin Kelly has recently argued for a series of close intertextual relationships between Eutropius and Ammianus. I argue here that Ammianus' relationship with Eutropius also extends to their personal roles within their narratives, and that Ammianus' use of the first person singular makes a bold statement about his historiographical programme. (shrink)

El siguiente artículo pretende dar cuenta de una mirada alternativa en lo que respecta al abordaje de problemáticas socio-productivas y habitacionales. Para esto se acercaran diferentes discusiones que aportan a la comprensión integral de un escenario complejo: producción epistémica participativa, desarrollo de tecnología, territorialidad e interactoralidad. El grupo de investigación que presenta el artículo propone algunas dimensiones conceptuales para el abordaje de esta temática, introduciendo las nociones de Tecnología Social y Co-construcción de Conocimiento, como eje referencial del análisis. A propósito (...) de lo expuesto, se vincularán estos campos teóricos con un proyecto de investigación [i] teórico-empírico, que se desarrolla en la localidad de Concordia, provincia de Entre Ríos (Argentina). [i] Proyectos financiados por el Ministerio de Ciencia, Tecnología e Innovación Productiva de la Nación (Argentina), en sus líneas “Desarrollo Tecnológico Municipal” (DETEM) y “Programa Consejo de la Demanda de Actores Sociales” (PROCODAS); iniciados en 2011. (shrink)

O bem-estar pessoal de adolescentes é um tema de crescente interesse na literatura científica, especialmente quando se considera a escassez de artigos que considerem o ponto de vista dos adolescentes. Este estudo busca analisar relações entre bem-estar pessoal de pais e filhos e seus valores aspirad..