Karl Llewellyn’s critique of the canons of statutory interpretation led to a decline in their use for several decades. His critique, however, faced sustained resistance from some corners of the academy and the judiciary. Although this resistance has had only a selective uptake, it animated a gradual revival of the canons and brought the state of scholarship to an impasse that is for the most part partisan. In this article, I examine the semantic canons from a deeper level and argue (...) that a universal assumption about them is false. Said assumption is that, although not dispositive, the semantic canons at least offer some reasons in favour of or against a candidate interpretation. Inclinations to rely on the semantic canons are also based on this assumption, although it is an assumption that the critics of the canons also share. I argue that this assumption is false because the semantic canons are a class of rules that are by nature not reason-giving. This provides a new ground against giving the semantic canons deliberative weight in questions of statutory interpretation. (shrink)

A common objection to the use of balancing tests in human rights adjudication is that it is not possible to perform a quantitative comparison between gains and losses for rights or the public good by means only of rational criteria. Here I provide a general account of the incommensurability objection, with the aim of making explicit its scope, and of dispelling some common misconceptions surrounding it. Relying on this account, I engage with recent defences of balancing against the incommensurability objection.

Perhaps no philosopher is more of a conundrum than Nietzsche, the solitary rebel, poet, wayfarer, anti-revolutionary Aufklärer and theorist of aristocratic radicalism. His accusers identify in his 'superman' the origins of Nazism, and thus issue an irrevocable condemnation; his defenders pursue a hermeneutics of innocence founded ultimately in allegory. In a work that constitutes the most important contribution to Nietzschean studies in recent decades, Domenico Losurdo instead pursues a less reductive strategy. Taking literally the ruthless implications of Nietzsche's anti-democratic thinking (...) - his celebration of slavery, of war and colonial expansion, and eugenics - he nevertheless refuses to treat these from the perspective of the mid-twentieth century. In doing so, he restores Nietzsche's works to their complex nineteenth-century context, and presents a more compelling account of the importance of Nietzsche as philosopher than can be expected from his many contemporary apologists. (shrink)

Microfinance began with the noble aim of alleviating poverty through the extension of small loans to poor borrowers, and has grown to now serve approximately 200,000,000 people-the majority of whom are female. Yet despite claims to the contrary, the practice has not been proven to have succeeded in either enriching or empowering its borrowers. In a thorough-going ethical assessment of the industry, Can Microfinance Work? examines the central microfinance model and whether or not it is effective, the extent to which (...) the practice creates the conditions for exploitation and coercion to occur, and whether the distribution of the benefits and burdens of microfinance is likely to be an ethical one. Author Lesley Sherratt argues for the establishment of a duty of care in microfinance in recognition of the vulnerability of the client base. She also examines the ethical dilemmas inherent in working in the informal sector, as well as microcredit's macro impact on economies. From there, Sherratt draws some wider lessons microfinance can offer anti-poverty developments in general.Challengingly, the book considers how microfinance might be reformed to ensure it is practiced both more ethically and effectively, and in doing so, argues that only a part of the industry may survive in its current form. The bulk could instead bifurcate in to one of two camps, either scaling down to become predominantly savings rather than credit vehicles, probably subsidized; or scaling up to provide credit to small and medium enterprise lending operations. For the rest, it is argued that establishing a non-exploitative interest rate, ending the practice of group liability, and fully specifying a duty of care -- with, if necessary, regulation developed to enforce these -- are microfinance's urgent ethical priorities. (shrink)

The debate and implementation of Clinical Ethics Consultation is still in its beginnings in Europe and the issue of the patient's perspective has been neglected so far, especially at the theoretical and methodological level. At the practical level, recommendations about the involvement of the patient or his/her relatives are missing, reflecting the general lack of quality and practice standards in CEC. Balance of perspectives is a challenge in any interpersonal consultation, which has led to great efforts to develop “technical”approaches, (...) e.g., in psychological counseling or psychotherapeutic treatment. In ethics, unbalance or partiality is a matter of justice and has provoked significant theoretical work, also relevant for practical medical ethics. A lack of balance seems to be particularly serious in those situations, where ethical conflict is triggering a consultation and where the “parties” involved may try to persuade the consultant that their particular opinion is the most convincing; but to our knowledge the connection between patient/relatives involvement and balance has not yet been discussed in the context of CEC. Central questions of access and involvement of the patient and his/her relatives will be analysed and discussed regarding the challenge of balance and the adequate role or attitude of a Clinical Ethics Consultant. It is argued that the Clinical Ethics Consultant should have a methodological awareness regarding the concepts of “neutrality” versus “advocacy” in his/her role and try to achieve a balanced procedure that allows for an optimum of change of perspectives. The argumentation is developed along the narrative of a real case study. Recommendations concerning the involvement of the patient or the relatives are formulated for the practice of CEC. (shrink)

We argue that Isaac Newton really is best understood as being in the tradition of the Mechanical Philosophy and, further, that Newton saw himself as being in this tradition. But the tradition as Newton understands it is not that of Robert Boyle and many others, for whom the Mechanical Philosophy was defined by contact action and a corpuscularean theory of matter. Instead, as we argue in this paper, Newton interpreted and extended the Mechanical Philosophy's slogan “matter and motion” in reference (...) to the long and distinguished tradition of mixed mathematics and the study of simple machines. (shrink)

There is a palpable malaise in American medicine as clinical practice veers off its moorings, swept along by a new commercialism that is displacing medical professionalism and its attendant moral obligations. Although the sociology of this phenomenon is complex and multifactorial, I argue that this move toward medical commercialism was accelerated by the abortive efforts of the Clinton Administration's Health Security Act. Through an analysis of performative speech I show that, although the Clinton plan drew on many strands of speech (...) about healthcare, it favored the discourse of health policy and health economics over that of clinical practice and professionalism. Though the Clinton plan failed, this new vocabulary of health economics has led us to imagine a new descriptive framework, which has commodified healthcare and commercialized the clinic. (shrink)

Hereditary breast and ovarian cancers are frequently attributed to germline mutations in the tumor suppressor genes BRCA1 and BRCA2. BRCA1/2 act to repair double‐strand breaks (DSBs) and suppress the demise of unstable replication forks. Our work elucidated a dynamic interplay between BRCA2 and the WRN DNA helicase/exonuclease defective in the premature aging disorder Werner syndrome. WRN and BRCA2 participate in complementary pathways to stabilize replication forks in cancer cells, allowing them to proliferate. Whether the functional overlap of WRN and BRCA2 (...) is relevant to replication at gaps between newly synthesized DNA fragments, protection of telomeres, and/or metabolism of secondary DNA structures remain to be determined. Advances in understanding the mechanisms elicited during replication stress have prompted the community to reconsider avenues for cancer therapy. Insights from studies of PARP or topoisomerase inhibitors provide working models for the investigation of WRN's mechanism of action. We discuss these topics, focusing on the implications of the WRN‐BRCA2 genetic interaction under conditions of replication stress. (shrink)

According to berkley's review, women have a higher risk of suffering from pain than men. If this is true, there should be more frequent and more intense activity both in the pain excitatory system and in the pain inhibitory system of women than of men. Consequently, it remains unclear whether the overall effect at the end is more pain or less pain in women. This conclusion fits the weak sex differences observed for experimental and clinical pain as shown by BERKLEY's (...) review of the literature. (shrink)

The question of whether conscious experience is restricted by cognitive access and exhausted by report, or whether it overflows it—comprising more information than can be reported—is hotly debated. Recently, we provided evidence in favor of Overflow, showing that observers discriminated the color‐diversity (CD) of letters in an array, while their working‐memory and attention were dedicated to encoding and reporting a set of cued letters. An alternative interpretation is that CD‐discriminations do not entail conscious experience of the underlying colors. Here we (...) argue, based on conceptual considerations and consistency with neuroscience and phenomenology, in favor of the Overflow interpretation. (shrink)

Development and maintenance of diverse organ systems require context‐specific regulation of stem cell behaviour. We hypothesize that this is achieved via reciprocal regulation between the cell cycle machinery and differentiation factors. This idea is supported by the parallel evolutionary emergence of differentiation pathways, cell cycle components and complex multicellularity. In addition, the activities of different cell cycle phases have been found to bias cells towards stem cell maintenance or differentiation. Finally, several direct mechanistic links between these two processes have been (...) established. Here, we focus on interactions between cyclin‐CDK complexes and differentiation regulators of the Notch pathway and Sox family of transcription factors within the context of pluripotent and neural stem cells. Thus, this hypothesis formalizes the links between these two processes as an integrated network. Since such factors are common to all stem cells, better understanding their interconnections will help to explain their behaviour in health and disease. (shrink)

El Paso Times journalists routinely face ethical dilemmas as they cover difficult stories amid all of the violence in neighboring Ciudad Juarez. This ethnographic study, which utilizes participant-observation and in-depth interviews, examines how journalists deal with tough ethical choices. It reveals how reporters and editors at the El Paso Times consider the needs of the public and the ramifications of their stories. The journalists strive to be accurate and fair while protecting their sources and themselves. They weigh the importance of (...) each story with its potential for risk. (shrink)

The Red Queen hypothesis, or the ability organisms have to control and regulate the available trophic energy, is a recently proposed parameter for measuring fitness. Firstly, this hypothesis is analysed in terms of its heuristic power. Secondly, the claimed causal dependence between this parameter and a, still controversial, law of constant extinction is judged to be unjustified, however reasonable such a claim appears to be. Finally, the ubiquity of competition in nature which is seemingly required by the Red Queen and (...) supposedly realized at the expense of a mutualistic alternative, is deemed to be a questionable assumption. (shrink)