In their attention to patients of different specialties, health personnel are the most vulnerable to contagion, which has been evidenced by the COVID-19 pandemic. The working conditions or factors for biosafety practices in health personnel worldwide will make it possible to detect the necessary and less treated lines of investigation, deficiencies and to draw up lines of work for their solution. It should be noted that it is estimated that 2.78 million workers die because of occupational accidents and 374 million (...) injuries caused by work are reported, thus increasing absenteeism, the risk of contracting a disease in the workplace has become more latent and 4% of the world's GDP is occupied by diseases. The objective of this study was to analyze the evidence that exists regarding the conditioning factors for the practice of biosafety in health personnel. The methodology: where a descriptive systematic review was performed with the search of databases in Scopus selected articles from 2019 - 2023 in English and Spanish languages. The results indicate that with regard to the conditioning factors of Biosafety practice, it is evident that of the 400 articles 50 mention that it is important to know how to do, 45 mention that it is important not only the training but also the equipment for these practices to be favorable, also 31 of the articles refer to that in COVID-19 period the infections among health personnel were due to the reuse of personal protective equipment. (shrink)

Leading scholars continue the debate over whether consciousness causes behavior or plays no functional role in it, discussing the question in terms of neuroscience, philosophy, law, and public policy.

The original data reported by Benjamin Libet and colleagues are reinterpreted, taking into account the facilitation which is experimentally demonstrated in the first of their series of articles. It is shown that the original data equally well or better support a quite different set of conclusions from those drawn by Libet. The new conclusions are that it takes only 80 ms for stimuli to come to consciousness and that “subjective back-referral of sensations in time” to the time of the stimulus (...) does not occur. (shrink)

The author's version of the electromagnetic field theory of consciousness is stated briefly and then three difficulties with the theory are discussed. The first is a purely technical problem: how to measure accurately enough the spatial properties of the fields which are proposed to be conscious and then how to generate these artificially, so that the theory can be tested. The second difficulty might also be merely technical, or it might be substantive and fatal to the theory. This is that (...) present measurements seem to show a non-constant relationship between brain-generated electromagnetic fields and sensation. The third difficulty involves the basic question of whether consciousness per se has any direct effect on the brain. As an afterword, the disproportionate contribution of synchronously firing neurons to conscious percepts is simply explained in terms of the electromagnetic field theory of consciousness. Susan Pockett Difficulties with the Electromagnetic Field Theory of Consciousness: The author's version of the electromagnetic field theory of consciousness is stated briefly and then three difficulties with the theory are discussed. The first is a purely technical problem: how to measure accurately enough the spatial properties of the fields which are proposed to be conscious and then how to generate these artificially, so that the theory can be tested. The second difficulty might also be merely technical, or it might be substantive and fatal to the theory. This is that present measurements seem to show a non-constant relationship between brain-generated electromagnetic fields and sensation. The third difficulty involves the basic question of whether consciousness per se has any direct effect on the brain. As an afterword, the disproportionate contribution of synchronously firing neurons to conscious percepts is simply explained in terms of the electromagnetic field theory of consciousness. (shrink)

The duration of “now” is shown to be important not only for an understanding of how conscious beings sense duration, but also for the validity of the phenomenological enterprise as Husserl conceived it. If “now” is too short, experiences can not be described before they become memories, which can be considered to be transcendent rather than immanent phenomena and therefore inadmissible as phenomenological data. Evidence concerning (a) the objective duration of sensations in various sensory modalities, (b) the time necessary for (...) sensations to enter consciousness and (c) the variability in the subjective sense of time's passing under different conditions is used to conclude that the duration of “now” can actually vary under normal conditions from about 10 ms to several seconds and in extreme cases up to several hours. Thus the immanent moment can be long enough to encompass a report of the contents of consciousness, making phenomenology a viable project. A further speculation from the evidence described is that consciousness takes discrete samples of the external world, at a rate inversely proportional to the duration of the “now” moment. (shrink)

The electromagnetic field theory of consciousness proposes that conscious experiences are identical with certain electromagnetic patterns generated by the brain. While the theory has always acknowledged that not all of the electromagnetic patterns generated by brain activity are conscious, until now it has not been able to specify what might distinguish conscious patterns from non-conscious patterns. Here a hypothesis is proposed about the 3D shape of electromagnetic fields that are conscious, as opposed to those that are not conscious. Seven predictions (...) arising from this hypothesis are described. Existing empirical evidence shows that four of these predictions have already been successfully tested. Requirements for experimental testing of the other three are discussed. (shrink)

The ancient Greeks subscribed to the thesis of the Unity of Virtue, according to which the possession of one virtue is closely related to the possession of all the others. Yet empirical observation seems to contradict this thesis at every turn. What could the Greeks have been thinking of? The paper offers an interpretation and a tentative defence of a qualified version of the thesis. It argues that, as the Greeks recognized, virtue essentially involves knowledge ? specifically, evaluative knowledge of (...) what matters. Furthermore, such knowledge is essentially holistic. Perfect and complete possession of one virtue thus requires the knowledge that is needed for the possession of every other virtue. The enterprise of trying to reconcile the normative view embodied in this conception of virtue with empirical observation also serves as a case study for the field of moral psychology in which empirical and normative claims are often deeply and confusingly intertwined.1. (shrink)

Empirical work is reviewed which correlates the presence or absence of various parts of the auditory evoked potential with the disappearance and reemergence of auditory sensation during induction of and recovery from anesthesia. As a result, the hypothesis is generated that the electrophysiological correlate of auditory sensation is whatever neural activity generates the middle latency waves of the auditory evoked potential. This activity occurs from 20 to 80 ms poststimulus in the primary and secondary areas of the auditory cortex. Evidence (...) is presented suggesting that earlier or later waves in the auditory evoked potential do not covary with auditory sensation (as opposed to auditory perception) and it is therefore suggested that they are possibly not the electrophysiological correlates of sensation. (shrink)

Variability in the symptom experience in patients diagnosed with chronic conditions may be related to social determinants of health (SDoH). The purpose of this critical review was to (1) summarize the existing literature on SDoH and symptom clusters (i.e., multiple, co‐occurring symptoms) in patients diagnosed with common chronic conditions, (2) evaluate current variables and measures used to represent SDoH, (3) identify gaps in the evidence base, and (4) provide recommendations for the incorporation of SDoH into future symptom cluster research. We (...) identified 118 articles including information on SDoH in chronic condition symptom cluster research. Articles primarily focused on cancer populations. Few articles had the explicit purpose of investigating relationships between SDoH and symptom clusters, and the inclusion of SDoH was often limited to variables used to describe samples. Future studies should be designed to “move beyond Table 1” in their utilization of SDoH as variables and examine relationships between SDoH and symptom clusters. Attention should be paid to the appropriateness of measures being used to collect information on SDoH, and analysis methods that estimate causal connections between variables should be considered. Research regarding the relationship of SDoH with symptom clusters in patients with chronic conditions has the potential to reveal mechanisms of symptom disparities and guide changes to alleviate these disparities. (shrink)

Susan Hekman believes we are witnessing an intellectual sea change. The main features of this change are found in dichotomies between language and reality, discourse and materiality. Hekman proposes that it is possible to find a more intimate connection between these pairs, one that does not privilege one over the other. By grounding her work in feminist thought and employing analytic philosophy, scientific theory, and linguistic theory, Hekman shows how language and reality can be understood as an indissoluble unit. (...) In this broadly synthetic work, she offers a new interpretation of questions of science, modernism, postmodernism, and feminism so as to build knowledge of reality and extend how we deal with nature and our increasingly diverse experiences of it. (shrink)

Inspired by the success of generative linguistics and transformational grammar, proponents of the linguistic analogy (LA) in moral psychology hypothesize that careful attention to folk-moral judgments is likely to reveal a small set of implicit rules and structures responsible for the ubiquitous and apparently unbounded capacity for making moral judgments. As a theoretical hypothesis, LA thus requires a rich description of the computational structures that underlie mature moral judgments, an account of the acquisition and development of these structures, and an (...) analysis of those components of the moral system that are uniquely human and uniquely moral. In this paper we present the theoretical motivations for adopting LA in the study of moral cognition: (a) the distinction between competence and performance, (b) poverty of stimulus considerations, and (c) adopting the computational level as the proper level of analysis for the empirical study of moral judgment. With these motivations in hand, we review recent empirical findings that have been inspired by LA and which provide evidence for at least two predictions of LA: (a) the computational processes responsible for folk-moral judgment operate over structured representations of actions and events, as well as coding for features of agency and outcomes; and (b) folk-moral judgments are the output of a dedicated moral faculty and are largely immune to the effects of context. In addition, we highlight the complexity of the interfaces between the moral faculty and other cognitive systems external to it (e.g., number systems). We conclude by reviewing the potential utility of the theoretical and empirical tools of LA for future research in moral psychology. (shrink)

The recent global movement for women's human rights has achieved considerable re-thinking of human rights as previously understood. Since many of women's rights violations occur in the private sphere of family life, and are justified by appeals to cultural or religious norms, both families and cultures (including their religious aspects) have come under critical scrutiny.

The first priority of this response is to address Libet's rebuttal of my reinterpretation of his data. Then, because many authors have commented on various aspects of the debate, the rest of the response is organized in terms of subject matter, not as replies to each individual commentator. First, I reply to an objection expressed by two separate commentators to part of my reinterpretation of those of Libet's data supposedly supporting backward referral. This leads to a brief discussion of the (...) whole concept of backward referral. The relevance of the flash-lag illusion to possible measurement errors in the Libet/Trevena and Miller paradigm is addressed next. Finally, I have a few words to say on the relationship between quantum mechanical ontology and free will. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 12.3 (2002) 305-323 [Access article in PDF] Scope Note 41 Bioethics and Cloning, Part I Susan Cartier Poland and Laura Jane Bishop This is Part One of a two part Scope Note on Bioethics and Cloning. Part Two will be published in the December 2002 issue of the Kennedy Institute of Ethics Journal and as a separate reprint. Contents For Parts 1 And (...) 2 Part 1Part 2I.History of the ScienceI.Ethical PerspectivesII.Historical CommentaryII.Religious PerspectivesIII.Animal WelfareIII.Fiction and FilmIV.Laws and Legal Literature"Clone" is a collective noun (I, Stewart 1997, p. 771). A collective noun names a group and is composed of individual members, such as "herd" or "flock." Derived from the Greek kl¯on for twig or slip, "clone" was first used in biology to describe the aggregate of asexually produced progeny of an individual, either naturally occurring or man-made; the definition later expanded to mean a group of genetically identical members who originate from a single ancestor. Thus, a clone is a group that results from the process of asexual reproduction.In nature, cloning occurs either by parthenogenesis (reproduction without fertilization) or by fission (embryo splitting). In a pioneering experiment in 1952, Robert Briggs and Thomas J. King (I, 1952), cancer researchers at the Institute for Cancer Research (today part of the Fox Chase Cancer Center) in Philadelphia, demonstrated on frogs another method of cloning by transplanting nuclei into enucleated cells, a technique called "nuclear transplantation," which John B. Gurdon and colleagues (I, 1958, 1975) used to create clones of frogs.Then, in the late 1970s and early 1980s, two back-to-back frauds in cloning occurred. First, the cloning of a human described by American science journalist David Rorvik in the 1978 book In His Image was called a hoax by a court in [End Page 305] 1982. Second, the cloning of three mice, announced by German wunderkind Karl Illmensee to scientific circles in 1979 (and to the public in 1981), could not be proven to be true, according to convincing evidence by McGrath and Solter (I) published in 1984.With their pronouncement that mammalian cloning was impossible, McGrath and Solter essentially stopped cloning research and funding for such biological research. So by the mid-1980s, instead of further investigating cloning, developmental biologists studied embryology related to in vitro fertilization, while molecular biologists studied recombinant DNA under the newly relaxed NIH guidelines. These two strands of scientific investigation came together in the work of Ian Wilmut, who created in vitro embryos using nuclear transplantation to reproduce genetically engineered cattle. Wilmut was seeking a way to increase the successful birth rate when, in the 1990s, he produced identical twin sheep, Megan and Morag, cloned from an embryonic cell, followed by another sheep, Dolly, cloned from an adult cell. The birth of a mammal from an embryo whose genetic material came from an adult cell firmly re-established the possibility of cloning from adults. Prior to Dolly's birth, scientists believed that adult cells lost the ability to dedifferentiate—i.e., to become unspecialized—and so could not direct the development of an embryo through to birth.The 1997 announcement of Dolly's birth initiated the present widespread discussion of cloning. Because of its potentially vast applications across human health, medicine, agriculture, and business/economics, cloning raises a host of issues including those concerning: genetics and genetic engineering, patenting, animal rights and/or animal welfare (especially for transgenic, research, or cloned animals), organ transplantation, reproduction, eugenics, pharmacology (drug production using transgenic animals), research practices, informed consent, stem cell research, women's rights, children's rights, parental rights and responsibilities, and theology and philosophy. It fosters questions about the meaning and purpose of life, the limits of human powers to intervene in research and therapy, and what it means to be human or animal. In addition, environmentalists and organic farmers raise concerns about the effect of novel animals and plants on the environment, while nutritionists and the lay public wonder... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 15.2 (2005) 211-218 [Access article in PDF] Bioethics, Biolaw, and Western Legal Heritage Susan Cartier Poland Bioethics and biolaw are two philosophical approaches that address social tension and conflict caused by emerging bioscientific and biomedical research and application. Both reflect their respective, yet different, heritages in Western law. Bioethics can be defined as "the research and practice, generally interdisciplinary in nature, which aims (...) to clarify or resolve ethical questions raised by the advances and application of biomedical and biological sciences" (II, Miller 2000, p. 246). Biolaw, on the other hand, is a legal philosophical concept that can be defined as "the taking of agreed upon principles and practices of bioethics into law with the sanctions that law engenders" (p. 246). Some see biolaw as hierarchical, either evolving from or devolving into bioethics (p. 245), while others think of bioethics and biolaw as a continuum or gradation (p. 246). Whichever view one takes, bioethics and biolaw are, at the least, intertwined (II, Loureiro 2000, p. 71).Although bioethics came out of the U.S. in the 1970s, the field is now considered Anglo-American (II, Kemp 2000a, p. 67). Biolaw emerged in the 1990s from the French biodroit and has become associated with continental Europe (p. 68). These distinctions, however, are based on geopolitical entities. Another way to distinguish bioethics from biolaw is to look at their legal heritage and understand the differences between the common law and the civil law.Bioethics and biolaw share a Western legal heritage, specifically roots in Roman law. When the Roman empire in the West fell to Germanic tribes in 476 A.D., the Romans had developed a sophisticated system of law that included flexible standards and abstract, rather than concrete, modes of thought. In 528, Justinian, emperor of the surviving Roman empire in the East at Constantinople, ordered a compilation and consolidation of Roman law. Despite the rise of seventh century Islam, the split of the Christian church into eastern and western branches in 1054, and the Norman conquest of England in 1066, Roman law survived through the courts of canon law and was revived later in the twelfth century at the University of Bologna in Italy. By 1500, what would later become France and Germany had [End Page 211] "received" or recognized Roman law, albeit in varying degrees. Not a single event, the Reception, or "direct acceptance of Roman law as a principal source of law," is the definitive turning point in Western legal history that eventually produced the common law and civil law strands (I, Von Mehren 1957, p. 10).England, however, did not participate in the Reception, although its influence was felt at Oxford University, where Vacarious taught its precepts in 1151, and in the courts of canon law (I, Von Mehren 1957, p. 10). William the Conqueror already essentially had established the common law tradition when he merged Anglo-Saxon law with Norman law and created a centralized system of justice administration for the single fiefdom known as England.Aside from historical development, the common law and the civil law differ from other legal families in terms of their modes of thought, institutions, sources, and ideology (I, Zweigert and Kotz 1977, p. 62). In the common law, Roman legal concepts were shaped by Christian ethics through the canon law courts. In the civil law, Roman law became the basis for a legal science centered in the universities and interpreted by various schools, such as the commentators, the glossators, and the humanists. The civil law uses a central text as the starting point for legal reasoning and analysis. The common law develops over time through case law, that is, by judges applying principles from preceding cases to resolve the issue at hand. One writer describes the common law as "anything that is not prohibited is permitted" and the civil law as "anything that is not permitted is prohibited" (I, Karambelas 2005, p. 28).The common law and the civil law are only two of the three traditions in Western law. The third is socialist law. All three are... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bioethics Commissions: Town Meetings with a “Blue, Blue Ribbon”Susan Cartier Poland (bio)Town meetings are characteristic of New England. In theory, a quorum of registered voters in a small municipality meets annually to decide local public policy. In fact, special interests and the town bureaucracy control the meeting.Like a town meeting, a commission (or committee or council) comes into being, whether on an ad hoc or permanent basis, to (...) direct a government function. Bioethics commissions specialize in one area: the intersection of public policy with developments, either real or anticipated, in the basic and applied sciences.That specialization of commissions carries over into the selection of the members. More often than not commission members are appointed on the basis of expertise in a specific area. Although some commissions are still made up entirely of one kind of expert, usually medical, the majority of these government bodies seek breadth between the fields of law, religion, ethics, and science (including medicine and the social sciences).In the words of Mrs. Rigenbach, the law clerk to Chief Judge Carl B. Rubin of the United States District Court for the Southern District of Ohio, selection of persons “knowledgeable in the field” constitutes a “blue, blue ribbon” jury. In contrast, a “blue ribbon” jury is composed of those persons having “the greatest amount of formal education” (In re Richardson-Merrill, Inc. (Bendectin litigation), 624 Federal Supplement 1212 at 1217 (1985)). The problem with persons knowledgeable in the field is that their minds may have already been made up. For a jury, this is a disaster; for a bioethics commission, this directs and shapes the research, investigation, and discussion, or, in short, it makes for more efficient decision making.For this Scope Note, the definition of commission begins with the Bioethicsline description of its index term “advisory committees” as committees or commissions set up to advise government bodies on public policy. Furthermore, a commission [End Page 91] (or committee) receives government funding and support in exchange for its expertise in research, investigation, reporting, and recommendations.Six functions served by bioethics commissions have been clearly and succinctly described by LeRoy Walters (Commissions and Bioethics. Journal of Medicine and Philosophy 14 (4): 363–68, August 1989). The functions are: (1) to legitimize action; (2) to delay action or resolution; (3) to identify duplication; (4) to be representative; (5) to do research and find facts; and (6) to provide education and support (pp. 364–65). Since 1989, however, another government function has moved to the forefront. Instead of remaining within the legislative arena, government commissions serve the judiciary as well, in cases involving complex and technical questions. The now defunct Law Reform Commission of Canada recognized this use when it included in its annual reports a section on its “Influence on Law Reform through Judicial Decisions.”In mid-1997, the United States Supreme Court in its consolidated cases on assisted suicide used extensively the writings from a state commission, the New York State Task Force on Life and the Law, to support its rationale. Not only did the Court make use of the Task Force’s work, but in so doing the Court extended the efforts of the commission beyond its jurisdiction of New York into another jurisdiction on the opposite coast, Washington state. Furthermore, although the commission was chartered by one state, through the federal court system, its influence became national.Outside the U.S., the United Nations recently adopted its first bioethics text on the ethics of genetic research, and Canada is reworking its human research guidelines into a single set of guidelines that will apply to research in both the natural sciences and the social sciences.This Scope Note attempts to compile for the researcher and the reference librarian those commissions, existing and defunct, that have addressed bioethics issues. Only one other such attempt is known to the author, an Office of Technology Assessment [OTA] Background Paper, Biomedical Ethics in U.S. Public Policy (1993). Due to space limitations, not all publications could be listed; the selections included represent the range of topics from a particular group or the more frequently cited sources. Future updates of this compilation are planned, so please notify the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 10.3 (2000) 265-281 [Access article in PDF] Scope Note 39 Genes, Patents, and Bioethics-Will History Repeat Itself? Susan Cartier Poland Gene patenting--the very notion sounds absurd! How can anyone claim to have invented the genes with which one is born? To make matters worse, genetic makeup precedes birth, meaning the existence of the invention predates the existence of the inventor. So, do we (...) really own our genes, or do they belong to our parents, or our governments, or a Supreme Being? Ownership is only one bioethical issue involved in gene patenting. But before looking at the issues, some essential and basic terms must be understood, namely genes and patents. Genes In his book On the Origin of Species, published in 1859, the biologist Charles Darwin proposed a theory called "natural selection," whereby living things changed over time or evolved through generations due to competition and variation. By experimenting with the garden pea in the 1860s, Gregor Mendel, a monk and accomplished horticulturalist, provided the mechanism of inheritance supporting the natural selection theory of his contemporary Darwin. That mechanism is the gene, or, as Mendel described it, a discrete "factor." The gene has also been defined as "the fundamental unit of heredity" (United States 1987, p. 157). Each individual has two copies of a gene, one from each parent, but that individual passes down to offspring only one of the two copies. Because of Mendel, the gene has become a scientific concept and the basis of a new scientific field: genetics.David C. Page (2000) of the Whitehead Institute for Biomedical Research at the Massachusetts Institute of Technology explained today's terms for genetics structures using an analogy taken from the home. In his view, the cell is a kitchen, the genome is a shelf in the kitchen, the chromosome is a cookbook on the shelf, the gene is a recipe in the cookbook, and a base-pair (either adenine with thymine or guanine with cytosine) is a single letter in the recipe. A protein, the [End Page 265] working molecule blueprinted by a gene, is a dish ready to eat, and an ingredient in the dish is an amino acid, which is a building block of the protein as specified by a string of base-pairs.Colin Tudge (1993), a British science journalist, would disagree with Page's description of the gene as a recipe. A recipe is like a blueprint: both are directions that precede the work. But a gene is not passive according to Tudge; it actively administers the cell's work, and it also responds to cellular events (Aldridge 1996).The current focus of scientific research and funding is on the gene and the completion of the sequencing of all the genes that comprise the human genome, portrayed in the press as a race between the U.S. government's Human Genome Project and the private corporation Celera Genomics. The real action, however, is at the protein level. The gene only holds the information to produce a protein; it is the three-dimensional shaped protein that does the work. In order to produce energy, eliminate waste, and perform other functions specific to a cell or tissue, proteins must bind, thus creating "biological pathways." Proteins bind (or not) and detach as a function of their shapes, which are determined by their precise chemical composition as spelled out in their genetic code. IBM will spend the next five years making one computer, Blue Gene, that will then take an entire year to come up with the chemical map for only one protein (Gillis 2000). It is estimated that there are about 40,000 proteins in the human body.Despite these overwhelming numbers, modern biology has been able to achieve significant results within the Human Genome Project's 15-year time frame, from 1990 to 2005. The genetic map was completed in 1993; the physical map was completed in 1995; and the genetic sequence is expected to be completed in 2002, with 97 to 99 percent completed as of 26 June 2000. This... (shrink)

In this essay, I argue that recent leftist criticisms of "identity politics" do not address problems of inequality and interaction that are central in thinking about contemporary democratic politics. I turn instead to a set of feminist thinkers who share these critics' vision of politics, but who critically mobilize identity in a way that provides a conception of democratic citizenship for our inegalitarian and diverse polity.

Adapting is noteworthy not only for discussing a Chinese philosophy of action in the sense of efficacious action and freedom from constraint, but also for doing.

Continuing the debate over whether consciousness causes behaviour or plays no functional role in it, leading scholars discuss the question in terms of neuroscience, philosophy, law, and public policy.

Quine and Putnam argued for mathematical realism on the basis of the indispensability of mathematics to science. They claimed that the mathematics that is used in physical theories is confirmed along with those theories and that scientific realism entails mathematical realism. I argue here that current theories of confirmation suggest that mathematics does not receive empirical support simply in virtue of being a part of well confirmed scientific theories and that the reasons for adopting a realist view of scientific theories (...) do not support realism about mathematical entities, despite the use of mathematics in formulating scientific theory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Landmark Legal Cases in BioethicsSusan Cartier Poland (bio)Only a few decades old, the interdisciplinary field of bioethics has developed surrounded by centuries of legal tradition and moral philosophy. Bioethics and the law have weaved back and forth over time influencing each field. Sometimes ethics leads the debate on problematical issues; for example, the Recombinant DNA Advisory Committee at the National Institutes of Health established regulations prior to initiating human (...) gene therapy. At other times, law takes over; Roe v. Wade, for example, has polarized and closed public discussion on abortion. Most frequently, however, scientific developments initiate discussion in both fields, as when the announcement of the birth of Dolly—the first cloned mammal—sparked President Clinton to ask the National Bioethics Advisory Commission for a report on cloning.A back-and-forth pattern also exists within the law itself, this time between legislator and judge. Legislators enact statutes, which apply universally to regulate conduct in society. Judges, on the other hand, interpret statutes and apply them to particular cases to resolve disputes between parties. Case law, as judge-made law is called, that grows in the absence of legislation becomes the common law. Legislatures can change the course of common law development by enacting more law, usually as amendments, but sometimes as repeals. A judge who sees the facts of a case or the law differently may also change the common law. And so the counterpoint between legislator and judge goes.A legal case becomes a landmark in bioethics because of its historical or precedential value to the field. Historical cases reflect judicial reasoning or rationalization that lays the conceptual foundation for a bioethical principle. Perhaps the best known example of this is the focus on the right to self-determination in Schloendorff that led to the development of informed consent. The principle of autonomy in bioethics derives its legal impetus from this line of cases.A case that acquires landmark status because of its precedential value does so for one of two reasons based on legal precedents. First, the case may be one of “first impression.” In the legal sense, that means that the particular case with its [End Page 191] facts or issues is the first one that a particular court has confronted within that court’s jurisdiction or area of decision-making authority. To be a landmark in bioethics, however, the ordinary sense of “first impression” applies. The first time that a particular bioethical topic has appeared in court for legal resolution makes a case one of “first impression” for bioethics. The case of Baby M on surrogacy contracts illustrates this.The second way in which a case can achieve landmark status based on precedents involves legal precedent and the jurisdictional basis of the court system. Under the common law system, a preceding case that involves the same or similar facts or issues as a current case must be followed by lower—i.e., less authoritative—courts in the same jurisdiction. That judicial rule of decision making is called stare decisis. It creates an institution of continuity, yet allows for change due to differences in judicial interpretation of facts and issues, which is called distinguishing the case.All courts under United States jurisdiction must follow the U.S. Supreme Court. By its sheer power of authority, the Court issues opinions that, if they concern bioethical topics, make cases landmarks in bioethics. For example, Roe v. Wade made abortion legal and set off the debate between maternal and fetal rights. Casey later refined, or to some redefined with a discussion of stare decisis, the bioethical underpinnings of Roe by framing the debate as one between maternal rights and state interests.In law, precedents concern only appellate cases. Trial courts, like that in McFall v. Shimp, handle questions of both fact and law. Appellate courts, like that in Brotherton, hear appeals from the lower trial courts and address legal issues only. Trial judges apply the law to facts, and appellate judges reason about the trial judge’s legal interpretation.Appellate court decisions are the ones most frequently published, either in print or electronically online, for citation. Consequently they are the easiest to locate and retrieve. “Reporters” as... (shrink)

Popper welcomes Tarski's theory of truth as a vindication of the ‘objective or absolute or correspondence theory of truth’: -/- Tarski's greatest achievement, and the real significance of his theory for the philosophy of the empirical sciences, is that he rehabilitated the correspondence theory of absolute or objective truth … He vindicated the free use of the intuitive idea of truth as correspondence to the facts ….

Ever since Thomas Malthus used simple mathematics to model the evolution of food production vs the increasing human population of planet Earth and declared that we would very soon eat ourselves out of house and home, politicians have been falling hook, line and sinker for mathematical models. This paper examines how and why the mathematical modelling of complex systems has proved unreasonably effective in convincing mathematically illiterate politicians to take practical measures that have turned out to be disastrous. It then (...) suggests that mathematical modelling of the human brain is not a good strategy to pursue. (shrink)

Susan Haack; IX*—Theories of Knowledge: An Analytic Framework, Proceedings of the Aristotelian Society, Volume 83, Issue 1, 1 June 1983, Pages 143–158, https://.

This book contains diverse and critical reflections on Richard Rorty’s contributions to ethics, an aspect of his thought that has been relatively neglected. Together, they demonstrate that Rorty offers a compelling and coherent ethical vision. The book's chapters, grouped thematically, explore Rorty’s emphasis on the importance of moral imagination, social relations, language, and literature as instrumental for ethical self-transformation, as well as for strengthening what Rorty called "social hope," which entails constant work toward a more democratic, inclusive, and cosmopolitan society (...) and world. -/- Several contributors address the ethical implications of Rorty’s commitment to a vision of political liberalism without philosophical foundations. Others offer critical examinations of Rorty’s claim that our private or individual projects of self-creation can or should be held apart from our public goals of ameliorating social conditions and reducing cruelty and suffering. Some contributors explore hurdles that impede the practical applications of certain of Rorty's ideas. -/- The Ethics of Richard Rorty will appeal to scholars and advanced students interested in American philosophy and ethics. (shrink)

It is argued that in terms of Thomas Kuhn's analysis of how different fields of science develop and progress, consciousness research is still in the pre-paradigm or pre-science phase that precedes the advent of any universally accepted paradigm. A means by which this long-standing situation may be escaped is here suggested. This is to treat each of the three distinct theoretical positions that presently drive experimental research on the nature of consciousness as mini-paradigms and then apply the same logic that (...) Kuhn sees as underpinning paradigm shifts in mature sciences to decide which of these three mini-paradigms becomes the first universally accepted paradigm of a mature science of consciousness. At present, the three mini-paradigms that drive experimental research on the nature of consciousness are: the cognitive-science process theory mini-paradigm, the neurophysiologists' preferred psychoneural identity theory mini-paradigm and the EMF field theory mini-paradigm. In established science, paradigms shift when enough 'anomalies' – falsified predictions or largely unrecognised but once-recognised-unacceptable consequences – build up to make the existing paradigm uncomfortable for those who operate within it. At this point, a sudden paradigm shift occurs, ushering in another long period of 'normal science' during which the new paradigm drives experimentation. With regard to the three existing mini-paradigms on the nature of consciousness, it is argued that recognition that _processes_ are abstract entities –and that this renders the "consciousness is a process, not a thing" mini-paradigm dualist – makes this mini-paradigm unacceptable to practitioners who regard dualism as unscientific and who prefer to see themselves as staunchly scientific, and therefore as monists.. The strong prediction of the "consciousness is brain activity" mini-paradigm – that conscious experiences should invariably correlate with the firing of either particular single neurons or groups of single neurons in the brain – has now been falsified often enough to make this mini-paradigm unacceptable to its practitioners. And this leaves intact only the "consciousness is a 3-D electromagnetic field" mini-paradigm – the idea that conscious experiences_ are_ particular 3-dimensional patterns in the electromagnetic field generated by brain activity. And as a result, it is suggested that this third mini-paradigm might usefully become the first universally accepted full paradigm, which would finally allow announcement of the birth of a Kuhnian science of consciousness. ER -. (shrink)

Evidence is summarised for and against the hypothesis that potentiation or facilitation of neural responses during a train of threshold-level stimuli occurred in the experiments reported by Libet et al. . It is concluded that such potentiation probably did occur. Since the main arguments for the existence of subjective backwards referral take it as given that such potentiation did not occur, it is further concluded that the main arguments for the existence of subjective backwards referral fail.

Existing theories about the nature of conscious sensations are discussed. The oldest classification system contrasts dualist theories (which say consciousness is an abstract entity) with monist theories (which say consciousness is a concrete entity). A more recent system contrasts process theories ("consciousness is a process, not a thing") with vehicle theories (consciousness is a property of one or more of the things associated with brain processes). The present paper first points out that processes are abstracta, which makes process theories dualist. (...) It then argues that (a) dualist theories are untestable and therefore unscientific and (b) process theories which invoke information are at odds with the normal definition of information. Then two separate kinds of vehicle theory are discussed: first the neural identity theory and then a theory that pulls together the enormous volume of data generated by Crick's suggestion to forget about theories and simply measure the neural correlates of consciousness into a proposal equating sensory consciousness with certain patterns in the electromagnetic fields generated by brain function. The paper concludes with an injunction to stop researching this topic altogether, on the grounds that the results are likely to be used in unacceptably dystopian developments. (shrink)

Susan Haack; Surprising Noises: Rorty and Hesse on Metaphor*, Proceedings of the Aristotelian Society, Volume 88, Issue 1, 1 June 1988, Pages 293–302, https://d.