According to biomedical discourse, cord blood has been transformed from ‘waste’ to ‘clinical gold’ because of its potential for use in treatments. Private cord blood banks deploy clinical discourse to market their services to prospective parents, encouraging them to pay to bank cord blood as a form of ‘biological insurance’ to ensure their child’s future health. Social scientists have examined new forms of (bio)value produced in biological materials emergent with contemporary biotechnologies. This paper contributes to this literature by examining (...) the social and technical production of value in cord blood units collected for private banking. Value, in this paper is defined as a socio-cultural concept in which an object is made meaningful, or valuable, through its relations with social actors and within specific regimes of value. I draw on in-depth interviews with women who banked cord blood and key informants in private banks in Canada, to analyze how social actors produced cord blood as a valuable biological object. I show that a cord blood unit holds promissory value for women who bank and profit value for private banks and that these values are folded into each other and the biological material itself. Analyzing how specific cord blood units are made valuable provides insight into the multiple and possibly competing values of biological materials and the tensions that may arise between social actors and forms of knowledge during the valuing process. (shrink)

This chapter contains sections titled: Introduction The Traditional Description Theory Kripke and Putnam Criticisms of the Direct Theory Legacy of the Direct Theory.

The question of Calvin's influence on modern political thought is a mine that has been so thoroughly worked that one would have expected it by now to be exhausted. Yet Ralph Hancock has not only uncovered and dug out a new vein of ore, but managed to show that some of the ore previously extracted contains a sizeable admixture of fool's gold. To specialists in intellectual history this is doubtless a significant accomplishment; others may see it as the (...) sort of modest contribution characteristic of a decent doctoral dissertation. (shrink)

This essay reviews John Gardner’s recent books, From Personal Life to Private Law, and Torts and Other Wrongs. Both books offer profound insights into private law’s concerns with justice and our reasons for action. The essay focuses on Gardner’s continuity thesis, and in particular on his idea that a third party may act on behalf of a wrongdoer as her delegee. Three settings are considered. First, I will discuss settings in which the state or another third party acts to remedy (...) a wrong without the wrongdoer’s consent. Second, I will review settings in which the legal remedies at issue – e.g., general damages or punitive damages – may not fit well with the idea that the state is acting on behalf of a wrongdoer. Third, I will analyze settings in which the state may be acting on behalf of right holders, yet still be concerned with the continuity thesis. Assessing each of these contexts offers further insights into the purpose of private law remedies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:American Journal of Philology 126.4 (2005) 613-622 [Access article in PDF] The Triumph of Cupid: Marlowe's Dido Queen of Carthage Mary-Kay Gamel University of California, Santa Cruz e-mail: [email protected] is a lot for classicists to like in Marlowe's The Tragedy of Dido Queen of Carthage. There was a lot for theatergoers to like in Neil Bartlett's production of this play at the American Repertory Theatre (ART) in Cambridge, Massachusetts (...) (March 5–26, 2005).The script of Dido is based primarily on the Aeneid (Books I, II, and IV). Vergil's text contains many formal and thematic allusions to tragedy, especially in IV: the agonistic speeches; Anna's role as nutrix/confidante; comparisons of Dido to a raging Bacchant (301–3), Pentheus (469–70) and scaenis agitatus Orestes 471; and her thoughts of imitating the savage violence of Medea and Atreus 600–602. Aeneid IV raises the possibility that the poem will metamorphose from epic to tragedy, with Dido taking center stage from Aeneas.That is what happens in Ovid's Heroides 7, and it happens again in Dido Queen of Carthage. Marlowe probably wrote this play—his first—in 1585, when he was a twenty-one year old student at Cambridge University. An excellent Latinist, Marlowe did a superb translation of Ovid's Amores, probably before writing Dido. In writing Dido, Marlowe focused on Aeneid I, II, and IV, the books of the poem best known to ancient, Elizabethan, and modern audiences, and in a few places his characters speak Latin lines from the Aeneid. In dramatizing this material, Marlowe did not simply translate but made many changes in structure, characters, and language. Aeneas' account of the fall of Troy, for example, condenses all of Aeneid II (more than 800 lines) into 163 lines (still a very long speech, which includes horrific details not in Vergil: "young infants swimming in their parents' blood, / headless carcasses piled up in heaps" [II.i.193–94]).1 [End Page 613]Most significantly, Marlowe makes his gods Ovidian rather than Vergilian—selfish and petty, concerned only with status and pleasure, using human beings only to satisfy their desires. Jupiter is a middle-aged man making a fool of himself over a teenager: in the first scene he is not, as in the Aeneid, looking down from Olympus and already thinking about Aeneas, but rather trying to seduce Ganymede, a "female wanton boy," when Venus indignantly interrupts with "Ay, this is it!" (I.i.50).Venus' encounter with Aeneas in Carthage (Aeneid I.314–417) ends with Aeneas' unanswerable question, "Why talk we not together hand in hand / And tell our griefs in more familiar terms?" (I.i.245–46). Venus and Juno's plot to unite Dido and Aeneas is complete with sexual double-entendre: in the cave, Juno says, they will "interchangeably discourse their thoughts / Whose short conclusion will seal up their hearts" (III.ii.93–94). Costumes in the ART production reflected the gods' iconic status, though more in terms of Hollywood than ancient representations: Juno was a drag queen, Hermes an unearthly figure in gold paint with huge wings, while Venus was played by an African-American actress in white satin and spike heels (including her hunting outfit) with exaggeratedly "black" gestures and intonations—waving her long fingernails, arching her neck, posing her head, and calling Juno "sistah!" Bartlett was clearly not worried about using sexual and racial stereotypes to make an impact.Marlowe's mortals are dignified, yet wounded and vulnerable. His Dido is proud, independent, initially uninterested in Aeneas; his Iarbas genuinely loves Dido, warmly welcomes Ilioneus and the others; Anna is in love with Iarbas. All try to behave reasonably and honorably but are invariably thwarted by the gods' games. The ART Aeneas was deeply damaged by his experiences in Troy. A craggy man, wearing a scoured breastplate over worn fatigues, he staggered on, stooped, beaten. The text supports this interpretation: before beginning his speech about the fall of Troy, he says "memory... beats forth my senses from this... (shrink)

In contemporary medicine, it is not always obvious whether the acceptance of a benefit constitutes a conflict of interest. A particular area of controversy has been the impact of small gifts or other benefits from pharmaceutical companies on physicians' behaviour. Typically, in such cases, the gift is not an explicit reward for cooperation; the physician does not perceive the gift as an attempt to influence his or her judgement; and the reward is relatively minor. Under these circumstances, physicians are generally (...) of the view that acceptance of gifts will not affect their behaviour, notwithstanding findings from social psychology and neuroscience that the impact of gifts is often unconscious, shaping action without a person's awareness. Here, we draw on traditional texts of Jewish law pertaining to the prohibition of taking a gift to illustrate recognition by the ancients of unconscious conflicts of interest, and their approach to dealing with the problem. (shrink)

Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties fiduciaries owe to their beneficiaries.

Traditionally, the fiduciary duty of loyalty is implicated where corporate directors have conflicts of interest. In a major new decision, Stone v. Ritter, the Delaware Supreme Court determined that directors may also be disloyal when they act in bad faith. As a consequence, directors may be disloyal even when they have no conflicts of interest, and even when they intend to benefit their corporation. This Article reconciles this expanded fiduciary obligation with existing concepts of loyalty. The new loyalty is not (...) incoherent. Courts have adopted a recognizable understanding of loyal behavior - being “true” - that exists in other social spheres. Under this conception, loyal directors must not only act in the best interests of their corporation and its shareholders, they must also be honest with shareholders and comply with positive law. This Article then offers insights into the function of these expanded fiduciary duties. Although the new loyalty duties pose risks, there are good reasons to think they will provide net benefits. Following the recent Lyondell decision, it appears that the Stone case and its progeny will not result in significant revisions to the business judgment rule. However, the recent change in a director’s loyalty obligation may substantially lower information costs, giving better guidance to directors and simplifying coordination. In addition, the new conception of loyalty can also serve an important expressive function, enabling a more efficient level of trust among corporate actors, investors, and those who transact with the firm. (shrink)

Kant infamously claimed that all human beings, without exception, are evil by nature. This collection of essays critically examines and elucidates what he must have meant by this indictment. It shows the role which evil plays in his overall philosophical project and analyses its relation to individual autonomy. Furthermore, it explores the relevance of Kant's views for understanding contemporary questions such as crimes against humanity and moral reconstruction. Leading scholars in the field engage a wide range of sources from which (...) a distinctly Kantian theory of evil emerges, both subtle and robust, and capable of shedding light on the complex dynamics of human immorality. (shrink)

Bringing together leading theorists to analyse critically important philosophical questions at the intersection of contract and fiduciary law, Contract, Status, and Fiduciary Law demonstrates that these two areas of law, while distinctive, are deeply intertwined.

In lieu of an abstract, here is a brief excerpt of the content:The Fool’s Truth: Diderot, Goethe, and HegelJames SchmidtI. Of the many works that crossed from France into Germany during the “long” eighteenth century, none took as circuitous a route as Rameau’s Nephew. Begun by Diderot in 1761 but never published during his lifetime, the dialogue was among the works sent to Catherine the Great after his death in 1784. A copy of the manuscript was brought to Jena late (...) in 1804, where it was read by Schiller and passed on to Goethe, who immediately set about translating it into German. Goethe’s translation was published in the Spring of 1805 but, as Goethe later complained, made little impact on the German reading public. 1 There was, however, one notable exception: Georg Wilhelm Friedrich Hegel.Hegel’s interpretation of Diderot’s dialogue in his 1807 Phenomenology of Spirit has long been an topic of considerable interest. Marxists—and, for that matter, Marx himself—have regarded the Phenomenology’s discussion of Diderot as illustrative of Hegel’s interest in the social and economic foundations of modern society. 2 For Lionel Trilling, it marked an important step in the genesis of the modern ideal of “authenticity.” 3 More recently, the tensions between Diderot’s “dialogizing” of the Enlightenment and the [End Page 625] Hegelian dialectic have been explored by a number of commentators. 4 Less attention, however, has been paid to the fact that the words Hegel appropriated were not, strictly speaking, Diderot’s, but rather came from Goethe’s translation. 5 Before Rameau’s Nephew could appear in the pages of Hegel’s Phenomenology, it first passed into German in a translation that, no less than Hegel, inserted the text into a rather different context from the one in which it had originated.A consideration of Hegel’s appropriation of Rameau’s Nephew thus involves us in questions about the transporting, translating, and transposing of works across borders, languages, and genres. I will begin by examining briefly how Goethe went about presenting an eighteenth century French text to a nineteenth-century German audience. I will then explore, at greater length, how Hegel went about situating this most peculiar of dialogues into his most baffling of books. Finally, I will reflect on some of the tensions between what Diderot wrote and what Hegel attempted to do with it.II. “Now, think of a city like Paris,” Goethe told Eckermann, bemoaning the “isolated, miserable sort of life” to which German intellectuals had been condemned. In Paris one could find “all of the leading minds of a great kingdom all together at the same spot, mutually instructing and advancing one another through daily contact, conflict, and rivalry.” The leading German intellectuals, in contrast, were scattered about: “There is one in Vienna, another in Berlin, another in Königsberg, another in Bonn or Düsseldorf, all fifty to a hundred miles away from each other, so that personal contact and personal exchange of ideas count as rare events.” In Paris “the best from the realms of nature and art from throughout the world lies open for daily inspection,” while “every passage over a bridge or a square recalls a mighty past” and “every street corner has evolved into a piece of history.” It was a city where “men such as Molière, Voltaire, Diderot, and the like have kept up a current of intellect such as has not been found in a single spot anywhere else in the entire world.” 6 Weimar, quite clearly, was not Paris.Rameau’s Nephew was so thoroughly a creature of Paris that the mere thought of rendering it into German might have dismayed a weaker soul than Goethe. Moi and Lui begin a conversation at the Café de la Régence that will [End Page 626] lead them from discussions of the contest between French and Italian styles in music to a consideration of the prospects for human autonomy. In between they will pass over such matters as the social utility of geniuses, the tension between aesthetics and morality, the proper upbringing of children, and the structure of social dependency, pausing from time to time as Lui loses himself in increasingly wilder pantomimes. Along the way... (shrink)

Human nature and its implications for moral philosophy has been a recurrent topic of philosophical inquiry. Thinkers from Plato to Arendt, struggling with the testimony of human experience, have attempted to explain the relation between reason and wickedness. Some have stressed the intrinsic rationality and goodness of human beings, relegating evil to the influence of factors alien to reason. Others have viewed humans as intrinsically evil, their capacity for reason a weak and inconsequential force.

About halfway through Terence's Hecyra, Pamphilus sends his slave Parmeno on a fool's errand to find Callidemides, a (non-existent) friend of his (415–50). Previous analyses of this unique exchange have revealed several layers of humour at work, but this article proposes a new reading of the scene through the lens of performance and staging which suggests that Pamphilus’ verbal description of Callidemides is lifted from the physical appearance of Parmeno himself. This scenario accounts for all the elements of the (...) fool's errand provided by Terence and ties the scene into the play's broader thematic interest in stock character subversion. (shrink)

Whilst previous observational studies have linked negative thought processes such as an external locus of control and holding negative cognitive styles with depression, the directionality of these associations and the potential role that these factors play in the transition to adulthood and parenthood has not yet been investigated. This study examined the association between locus of control and negative cognitive styles in adolescence and probable depression in young adulthood and whether parenthood moderated these associations. Using a UK prospective population-based birth (...) cohort study: the Avon Longitudinal Study of Parents and Children, we examined the association between external locus of control and negative cognitive styles in adolescence with odds of depression in 4,301 young adults using logistic regression models unadjusted and adjusted for potential confounding factors. Interaction terms were employed to examine whether parenthood moderated these associations. Over 20% of young adults in our sample were at or above the clinical threshold indicating probable depression. For each standard deviation increase in external locus of control in adolescence, there was a 19% higher odds of having probable depression in young adulthood, after adjusting for various confounding factors including baseline mood and different demographic and life events variables. Similarly, for each SD increase in negative cognitive styles in adolescence, there was a 29% higher odds of having probable depression in the adjusted model. We found little evidence that parenthood status moderated the relationship between external locus of control or negative cognitive styles in adolescence and probable depression following adjustment for confounding factors. Effect estimates were comparable when performed in the complete case dataset. These findings suggest that having an external locus of control and holding negative cognitive styles in mid- to late adolescence is associated with an increased likelihood of probable depression in young adulthood. (shrink)

Game theory is central to modern understandings of how people deal with problems of coordination and cooperation. Yet, ironically, it cannot give a straightforward explanation of some of the simplest forms of human coordination and cooperation--most famously, that people can use the apparently arbitrary features of "focal points" to solve coordination problems, and that people sometimes cooperate in "prisoner's dilemmas." Addressing a wide readership of economists, sociologists, psychologists, and philosophers, Michael Bacharach here proposes a revision of game theory that resolves (...) these long-standing problems. In the classical tradition of game theory, Bacharach models human beings as rational actors, but he revises the standard definition of rationality to incorporate two major new ideas. He enlarges the model of a game so that it includes the ways agents describe to themselves their decision problems. And he allows the possibility that people reason as members of groups, each taking herself to have reason to perform her component of the combination of actions that best achieves the group's common goal. Bacharach shows that certain tendencies for individuals to engage in team reasoning are consistent with recent findings in social psychology and evolutionary biology. As the culmination of Bacharach's long-standing program of pathbreaking work on the foundations of game theory, this book has been eagerly awaited. Following Bacharach's premature death, Natalie Gold and Robert Sugden edited the unfinished work and added two substantial chapters that allow the book to be read as a coherent whole. (shrink)

The Indian Buddhist philosopher Vasubandhu is known for his critical contribution to Buddhist Abhidharma thought, his turn to the Mahayana tradition, and his concise, influential Yogacara-Vijñanavada texts. _Paving the Great Way_ reveals another dimension of his legacy: his integration of several seemingly incompatible intellectual and scriptural traditions, with far-ranging consequences for the development of Buddhist epistemology and the theorization of tantra. Most scholars read Vasubandhu's texts in isolation and separate his intellectual development into distinct phases. Featuring close studies of Vasubandhu's (...) _Abhidharmakosabhasya_, _Vyakhyayukti_, _Vimsatika_, and _Trisvabhavanirdesa_, among other works, this book identifies recurrent treatments of causality and scriptural interpretation that unify distinct strands of thought under a single, coherent Buddhist philosophy. In Vasubandhu's hands, the Buddha's rejection of the self as a false construction provides a framework through which to clarify problematic philosophical issues, such as the nature of moral agency and subjectivity under a broadly causal worldview. Recognizing this continuity of purpose across Vasubandhu's diverse corpus recasts the interests of the philosopher and his truly innovative vision, which influenced Buddhist thought for a millennium and continues to resonate with today's philosophical issues. An appendix includes extensive English-language translations of the major texts discussed. (shrink)

ABSTRACTThis article looks to Attic comedy to explain Socrates’ first argument in Plato's Hippias Major: his refutation of Hippias’ claim that the Beautiful is a beautiful girl. As part of his argument, Socrates introduces three examples of beautiful things—a mare, a lyre and a pot —all of which are used in comedy as metaphorical obscenities for sexualized women. The author contends that an erotic reading of the text accomplishes what no other interpretation can: a unified account of the passage that (...) allows for Socrates’ successful refutation of a proposal in keeping with Hippias’ character. In addition, it explains Socrates’ choice of examples—in particular, the rarely cited χύτρα—and Hippias’ otherwise inexplicable reaction to the χύτρα, as well as the analogous relationship of monkeys and men to pots and girls. (shrink)

“Das Adam Smith Problem” is the name given by eighteenth-century German scholars to the question of how to reconcile the role of self-interest in the Wealth of Nations with Smith’s advocacy of sympathy in Theory of Moral Sentiments. As the discipline of economics developed, it focused on the interaction of selfish agents, pursuing their private interests. However, behavioral economists have rediscovered the existence and importance of multiple motivations, and a new Das Adam Smith Problem has arisen, of how to accommodate (...) self-regarding and pro-social motivations in a single system. This question is particularly important because of evidence of motivation crowding, where paying people can backfire, with payments achieving the opposite effects of those intended. Psychologists have proposed a mechanism for the crowding out of “intrinsic motivations” for doing a task, when payment is used to incentivize effort. However, they argue that pro-social motivations are different from these intrinsic motivations, implying that crowding out of pro-social motivations requires a different mechanism. In this essay I present an answer to the new Das Adam Smith problem, proposing a mechanism that can underpin the crowding out of both pro-social and intrinsic motivations, whereby motivations are prompted by frames and motivation crowding is underpinned by the crowding out of frames. I explore some of the implications of this mechanism for research and policy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Horace and the Dialectic of Freedom: Readings in Epistles 1Barbara K. GoldW. R. Johnson. Horace and the Dialectic of Freedom: Readings in Epistles 1. Ithaca: Cornell University Press, 1993. xiv 1 172 pp. Cloth, $27.50. (Townsend Lectures)A colleague once expressed shock that I was reading Horace’s Epistles. They are, she said, the most boring works in all of Latin literature. It seems likely that this was not an (...) idiosyncratic pronouncement: the Epistles are rarely the subjects of critical work and even less frequently taught.But now we have the second book to appear in the past decade on the first book of Horace’s Epistles. Ross Kilpatrick’s 1986 volume on The Poetry of Friendship: Horace, Epistles 1 focused closely on the theme of amicitia in these poems. Now Ralph Johnson has produced a new appreciation of Horace by tracing another theme through Horace’s letters to his friends: freedom. The book is less a critical exegesis of the Epistles than a highly personal and emotionally charged meditation on what drove Horace to write these so-called letters in the twilight of his composing years. The chapter headings indicate the unorthodox approach Johnson has chosen: “Running on Empty,” “In the Rag and Bone Shop,” “Gardens.”Johnson presents us with a Horace who is engaged in a “messy” and irresoluble dialectic with himself, his friends, and his readers. Neither Horace nor Johnson offers any comforting or banal bipolarities; Johnson cautions often against the sic et non approach whereby we, like boll weevils, bore through the haze of confusions looking for the “nugget” (Virginia Woolf’s word) behind the complexities instead of accepting the power of antinomies and their meaning for human experience (144). Johnson’s Horace is thus an ambivalent and protean creature: still a satirist, but somewhat softer now than he was in the 30s; an outsider looking in but never really a part of the hive; a man suffused with anger and resentment, yet capable of a dry and impartial skepticism and a sanguine hope about our ability to live our lives well; carnal and crazy, but mature and clear-headed; an Orphic shaman figure, who mediates between lowly humans and figures of the great (Augustus) or nature herself and delivers the truth from his lofty position, but also a poet of lowly beginnings, caught in embarrassing positions and forced to kowtow to his superiors; a man absolutely insistent on his [End Page 335] freedom and individuality yet part of a court circle of sorts; a wry picaro who nonetheless sometimes plays the role of Stoic progrediens: a naughty scarecrow in the garden, an agrarian sophist, with one foot in the city and one on his Sabine farm, trying to figure out how to be a proper gardener.But, for me, there are too many Horaces here, and they cannot all exist simultaneously. It is hard to see the spontaneous, wry picaro next to the poet who desires a return to civility and decorum or the committed city dweller who develops a love for the rural life. While it may be true that Horace changed masks when the occasion suited, his representations of himself seem to me to be fairly consistent by Ep. 1.20. The Horace I see here is more comfortable with himself than Johnson’s Horace is. He has come to terms with Maecenas, with his father, and with his life in Rome. He understands why it is necessary to avoid chasing after wealth (fuge magna, 10.32) in order to achieve the internal peace and true freedom that he seeks. But he is always a city dweller and never comfortable with his Sabine farm as more than a symbol of what the rural life could offer. (In an interesting aside, Johnson admits that he might be sentimentalizing Horace’s view of the farm: “I’m an ardent urbanite without even a window box” [150 n. 5].) Horace saw and used elements of nature throughout his poetry as evocative symbols of the place of human life in the larger natural universe, but I’m certain that he never got his hands dirty.It is, however, no wonder that so... (shrink)

Software plays an important role in contemporary research. Aside from its use for administering traditional instruments like surveys and in data analysis, the widespread use of mobile and web apps for social, medical and lifestyle engagement has led to software becoming a research intervention in its own right. For example, it is not unusual to find apps being studied for their utility as interventions in health and social life. Since the software may persist in use beyond the life of an (...) investigation, this raises questions as to the extent of ethical duties for researchers involved in its production and/or study towards the participants involved. Key factors identified include the extent of affect created by the software, the effect it has on a participant’s life, the length of investigation, cost of maintenance and participant agency. In this article we discuss the issues raised in such situations, considering them in the context of post-research duties of care and suggesting strategies to balance the burden on researchers with the need for ongoing participant support. (shrink)

As one of the most influential commentators on the role of modern philosophy, Richard Rorty's work impacted all areas of philosophical inquiry, including business ethics. Rorty's post-foundational approach to "moral imagination" can inform how we teach business ethics in a diverse and philosophically eclectic manner. A summary of Rorty's critique of philosophy, ethics, and applied ethics will be followed by a discussion of the implications for a critical pedagogy and the pragmatic use of an expansive philosophical lexicon in a business (...) ethics course. (shrink)

Because of immigration in the West, increased cultural diversity poses a variety of problems for the criminal justice system. This paper examines whether a so‐called “cultural defense” ought to be allowed as a freestanding defense to a criminal charge. Such a defense would “negate or mitigate criminal responsibility where acts are committed under a reasonable good‐faith belief in their propriety, based on the actor's cultural heritage or tradition.” The cultural defense, as a formal defense, and the use of cultural evidence (...) in order to buttress one of the traditional defenses, are distinguished. Three cases are discussed to illustrate the issues. The possible similarity of the cultural defense to an ignorance or mistake of law defense is then considered. The latter is accepted by such theorists as Gunther Arzt and George P. Fletcher and also apparently in German law, but it is rejected by Jerome Hall on the ground that it undermines the objectivity of the criminal law. The similarity, however, is shown not to hold. It is concluded that a freestanding cultural defense should not be allowed. (shrink)