When intense public controversy erupted around agricultural biotechnology in the late 1990s, critics found opportunities to challenge risk assessment criteria and test methods for genetically modified products. In relation to GM food, they criticized the concept of substantial equivalence, which European Union and United States regulators had adopted as the basis for a harmonized, science-based approach to risk assessment. Competing policy agendas framed scientific uncertainty in different ways. Substantial equivalence was contested and eventually recast to accommodate (...) some criticisms. To explain how the concept changed, this article links two analytical perspectives. Regulatory-science perspectives illuminate how the scientification of politics and politicization of science led to shifts in the boundary between science and policy. Governance perspectives illuminate how the collective problem for policy was redefined to provide a new common ground for some stakeholders. Overall, substantial equivalence was recast to govern the social conflict and address legitimacy problems of regulatory procedures. (shrink)

The concept of substantial equivalence,introduced for the risk assessment of geneticallymodified (GM) food, is a reducing concept because itignores the context in which these products have beenproduced and brought to the consumer at the end of thefood chain. Food quality cannot be restricted to meresubstance and food acts on human beings not only atthe level of nutrition but also through theirrelationship to environment and society. To make thiscontext explicit, I will introduce an ``equivalencescale'' for the evaluation of food (...) chains (GM or notGM). By contrast with substantial equivalence, whichinvolves mainly quantitative, analytical methods ofevaluation, ``qualitative equivalence'' refers to ``less''or non-substantial factors that require new methodsof evaluation based on qualitative principles.``Ethical equivalence'' refers to factors that show themoral value contained in food products. To analyze thedifferent levels at which ethics is needed in foodchains, I will use the French principles: ``Liberty,Equality, Fraternity,'' or freedom, equality,solidarity, and add a fourth principle:sustainability. Sustainability, solidarity, andfreedom can be applied to the evaluation ofenvironmental, socio-economic, and socio-culturalethical equivalence, respectively. Equality refers tojustice and should operate so as to guarantee thatsustainability, solidarity, and freedom are satisfied.I suggest that ethics can provide a basis for arenewal of the food chain concept. Besides QualityAssurance, it is now essential to develop an ``EthicalAssurance'' and this equivalence scale could provide abasis to set up ``Ethical Assurance Standards'' (EAS)for food chains. (shrink)

Substantial equivalence has beenintroduced to assess novel foods, includinggenetically modified food, by means ofcomparison with traditional food. Besides anumber of objections concerning its scientificvalidity for risk assessment, the maindifficulty with SE is that it implies that foodcan be qualified on a purely substantial basis.SE embodies the assumption that only reductivescientific arguments are legitimate fordecision-making in public policy due to theemphasis on legal issues. However, the surge ofthe food debate clearly shows that thistechnocratic model is not accepted anymore. (...) Food is more than physico-chemical substanceand encompasses values such as quality andethics. These values are legitimate in theirown right and require that new democraticprocesses are set up for transverse,transdisciplinary assessment in partnershipwith society. The notion of equivalence canprovide a reference scale in which to examinethe various legitimate factors involved:substance, quality, and ethics. QE requires that newqualitative methods of evaluation that are notbased on reductive principles are developed. EEcan provide a basis for the development of anEthical Assurance as a counterpart of QualityAssurance in the food sector. In France, asecond circle of expertise is being set up toaddress the social issues in food public policybeside classical risk assessment by the firstcircle of expertise. Since ethics is likely tobecome an organizing principle of the secondcircle, the equivalence ethical framework canprove instrumental in this context. (shrink)

String dualities establish empirical equivalence between theories that often look entirely different with respect to their basic ontology and physical structure. Therefore, they represent a particularly interesting example of empirical equivalence in physics. However, the status of duality relations in string physics differs substantially from the traditional understanding of the role played by empirical equivalence. The paper specifies three important differences and argues that they are related to a substantially altered view on the underdetermination of theory building.

In 1907 Einstein had the insight that bodies in free fall do not “feel” their own weight. This has been formalized in what is called “the principle of equivalence.” The principle motivated a critical analysis of the Newtonian and special-relativistic concepts of inertia, and it was indispensable to Einstein’s development of his theory of gravitation. A great deal has been written about the principle. Nearly all of this work has focused on the content of the principle and whether it (...) has any content in Einsteinian gravitation, but more remains to be said about its methodological role in the development of the theory. I argue that the principle should be understood as a kind of foundational principle known as a criterion of identity. This work extends and substantiates a recent account of the notion of a criterion of identity by William Demopoulos. Demopoulos argues that the notion can be employed more widely than in the foundations of arithmetic and that we see this in the development of physical theories, in particular space–time theories. This new account forms the basis of a general framework for applying a number of mathematical theories and for distinguishing between applied mathematical theories that are and are not empirically constrained. (shrink)

A recent rethinking of the early history of Quantum Mechanics deemed the late 1920s agreement on the equivalence of Matrix Mechanics and Wave Mechanics, prompted by Schrödinger's 1926 proof, a myth. Schrödinger supposedly failed to prove isomorphism, or even a weaker equivalence (“Schrödinger-equivalence”) of the mathematical structures of the two theories; developments in the early 1930s, especially the work of mathematician von Neumann provided sound proof of mathematical equivalence. The alleged agreement about the Copenhagen Interpretation, predicated (...) to a large extent on this equivalence, was deemed a myth as well. In response, I argue that Schrödinger's proof concerned primarily a domain-specific ontological equivalence, rather than the isomorphism or a weaker mathematical equivalence. It stemmed initially from the agreement of the eigenvalues of Wave Mechanics and energy-states of Bohr's Model that was discovered and published by Schrödinger in his first and second communications of 1926. Schrödinger demonstrated in this proof that the laws of motion arrived at by the method of Matrix Mechanics are satisfied by assigning the auxiliary role to eigenfunctions in the derivation of matrices (while he only outlined the reversed derivation of eigenfunctions from Matrix Mechanics, which was necessary for the proof of both isomorphism and Schrödinger-equivalence of the two theories). This result was intended to demonstrate the domain-specific ontological equivalence of Matrix Mechanics and Wave Mechanics, with respect to the domain of Bohr's atom. And although the mathematical equivalence of the theories did not seem out of the reach of existing theories and methods, Schrödinger never intended to fully explore such a possibility in his proof paper. In a further development of Quantum Mechanics, Bohr's complementarity and Copenhagen Interpretation captured a more substantial convergence of the subsequently revised (in light of the experimental results) Wave and Matrix Mechanics. -/- I argue that both the equivalence and Copenhagen Interpretation can be deemed myths if one predicates the philosophical and historical analysis on a narrow model of physical theory which disregards its historical context, and focuses exclusively on its formal aspects and the exploration of the logical models supposedly implicit in it. -/- . (shrink)

Deflationism is usually thought to differ from the correspondence theory over whether truth is a substantial property. However, I argue that this notion of a ‘substantial property’ is tendentious. I further argue that the Equivalence Schema alone is sufficient to lead to idealism when combined with a pragmatist theory of truth. Deflationism thus has more powerful metaphysical implications than is generally thought and itself amounts to a kind of correspondence theory.

According to a widespread but implicit thesis in Bayesian confirmation theory, two confirmation measures are considered equivalent if they are ordinally equivalent—call this the “ordinal equivalence thesis”. I argue that adopting OET has significant costs. First, adopting OET renders one incapable of determining whether a piece of evidence substantially favors one hypothesis over another. Second, OET must be rejected if merely ordinal conclusions are to be drawn from the expected value of a confirmation measure. Furthermore, several arguments and applications (...) of confirmation measures given in the literature already rely on a rejection of OET. I also contrast OET with stronger equivalence theses and show that they do not have the same costs as OET. On the other hand, adopting a thesis stronger than OET has costs of its own, since a rejection of OET ostensibly implies that people’s epistemic states have a very fine-grained quantitative structure. However, I suggest that the normative upshot of the paper in fact has a conditional form, and that other Bayesian norms can also fruitfully be construed as having a similar conditional form. (shrink)

Dark matter is an essential ingredient of the present Standard Cosmological Model, according to which only 5% of the mass/energy content of our universe is made of ordinary matter. In recent times, it has been argued that certain cases of gravitational lensing represent a new type of evidence for the existence of DM. In a recent paper, Peter Kosso attempts to substantiate that claim. His argument is that, although in such cases DM is only detected by its gravitational effects, gravitational (...) lensing is a direct consequence of Einstein's Equivalence Principle and therefore the complete gravitational theory is not needed in order to derive such lensing effects. In this paper I critically examine Kosso's argument: I confront the notion of empirical evidence involved in the discussion and argue that EEP does not have enough power by itself to sustain the claim that gravitational lensing in the Bullet Cluster constitutes evidence for the DM Hypothesis. As a consequence of this, it is necessary to examine the details of alternative theories of gravity to decide whether certain empirical situations are indeed evidence for the existence of DM. It may well be correct that gravitational lensing does constitute evidence for the DM Hypothesis—at present it is controversial whether the proposed modifications of gravitation all need DM to account for the phenomenon of gravitational lensing and if so, of which kind—but this will not be a direct consequence of EEP. (shrink)

The neutral theory of biodiversity assumes that coexisting organisms are equally able to survive, reproduce and disperse, but predicts that stochastic fluctuations of these abilities drive diversity dynamics. It predicts remarkably well many biodiversity patterns, although substantial evidence for the role of niche variation across organisms seems contradictory. Here, we discuss this apparent paradox by exploring the meaning and implications of ecological equivalence. We address the question whether neutral theory provides an explanation for biodiversity patterns and acknowledges causal (...) processes. We underline that ecological equivalence, although central to neutral theory, can emerge at local and regional scales from niche-based processes through equalizing and stabilizing mechanisms. Such emerging equivalence corresponds to a weak conception of neutral theory, as opposed to the assumption of strict equivalence at individual level in the strong conception. We show that this duality is related to diverging views on hypothesis-testing and modeling in ecology. In addition, the stochastic dynamics exposed in neutral theory are pervasive in ecological systems and, rather than a null hypothesis, ecological equivalence is best understood as a parsimonious baseline to address biodiversity dynamics at multiple scales. (shrink)

We construct a notion of teleparallelization for Newton-Cartan theory, and show that the teleparallel equivalent of this theory is Newtonian gravity; furthermore, we show that this result is consistent with teleparallelization in general relativity, and can be obtained by null-reducing the teleparallel equivalent of a five-dimensional gravitational wave solution. This work thus strengthens substantially the connections between four theories: Newton-Cartan theory, Newtonian gravitation theory, general relativity, and teleparallel gravity.

Madole & Harden's assertion that the effects derived from within-family genome-wide association studies (GWASs) and from randomized controlled trials (RCTs) are equivalent is misleading. GWASs are substantially more “non-unitary, non-uniform, and non-explanatory” than RCTs. While the within-family GWAS bring us closer to identifying genetic causes, whether it will change behavioral genetics into a causal science is an open question.

Numerous instruments have been developed to elicit numerical values that represent the strength of preference for different health states. However, relatively few studies have attempted to analyse the reasoning processes that people employ when they are asked to answer questions based on these elicitation methods. The lottery equivalents method is a preference elicitation instrument that has recently received some attention in the literature. This study attempts a qualitative analysis of the use of this instrument on a group of 25 relatively (...) highly educated respondents. For each of three health states considered in the study, a substantial number of respondents refused to trade the chance of survival for a possible improvement in the health state. Therefore, many respondents violated an assumption that is necessary for the lottery equivalents instrument to generate cardinal health state values. These findings place a question mark against the usefulness of the lottery equivalents method, and add weight to the suspicion that ‘preferences’ are constructed according to how questions are framed. (Published Online July 31 2007). (shrink)

A recent rethinking of the early history of Quantum Mechanics deemed the late 1920s agreement on the equivalence of Matrix Mechanics and Wave Mechanics, prompted by Schrödinger’s 1926 proof, a myth. Schrödinger supposedly failed to achieve the goal of proving isomorphism of the mathematical structures of the two theories, while only later developments in the early 1930s, especially the work of mathematician John von Neumman (1932) provided sound proof of equivalence. The alleged agreement about the Copenhagen Interpretation, predicated (...) to a large extent on this equivalence, was deemed a myth as well. If such analysis is correct, it provides considerable evidence that, in its critical moments, the foundations of scientific practice might not live up to the minimal standards of rigor, as such standards are established in the practice of logic, mathematics, and mathematical physics, thereby prompting one to question the rationality of the practice of physics. In response, I argue that Schrödinger’s proof concerned primarily a domain-specific ontological equivalence, rather than the isomorphism. It stemmed initially from the agreement of the eigenvalues of Wave Mechanics and energy-states of Bohr’s Model that was discovered and published by Schrödinger in his First and Second Communications of 1926. Schrödinger demonstrated in this proof that the laws of motion arrived at by the method of Matrix Mechanics could be derived successfully from eigenfunctions as well (while he only outlined the reversed derivation of eigenfunctions from Matrix Mechanics, which was necessary for the proof of isomorphism of the two theories). This result was intended to demonstrate the domain-specific ontological equivalence of Matrix Mechanics and Wave Mechanics, with respect to the domain of Bohr’s atom. And although the full-fledged mathematico-logical equivalence of the theories did not seem out of the reach of existing theories and methods, Schrödinger never intended to fully explore such a possibility in his proof paper. In a further development of Quantum Mechanics, Bohr’s complementarity and Copenhagen Interpretation captured a more substantial convergence of the subsequently revised (in light of the experimental results) Wave and Matrix Mechanics. I argue that both the equivalence and Copenhagen Interpretation can be deemed myths if one predicates the philosophical and historical analysis on a narrow model of physical theory which disregards its historical context, and focuses exclusively on its formal aspects and the exploration of the logical models supposedly implicit in it. (shrink)

”The last remnant of physical objectivity of space-time” is disclosed in the case of a continuous family of spatially non-compact models of general relativity. The physical individuation of point-events is furnished by the autonomous degrees of freedom of the gravitational field, which represent -as it were -the ontic part of the metric field. The physical role of the epistemic part is likewise clarified as embodying the unavoidable non-inertial aspects of GR. At the end the philosophical import of the Hole Argument (...) is substantially weakened and in fact the Argument itself dis-solved, while a specific four-dimensional holistic and structuralist view of space-time emerges, including elements common to the tradition of both substantivalism and relationism. The observables of our models undergo real temporal change: this gives new evidence to the fact that statements like the frozen-time character of evolution, as other ontological claims about GR, are model dependent. (shrink)

The present joint contribution offers a tentative comprehensive re-interpretation of Pāṇini’s rule A 2.3.46, and shows how that rule teaches the application of the nominative ending without making use of the notion of “subject,” a notion that belongs to other grammatical systems, but not to Pāṇini’s. We discuss the controversial domain of some segments of its wording by attempting to adhere to Pāṇini’s framework and his usus scribendi. In particular, we read the first constituent of the compound prātipadikārtha­ liṅgaparimāṇavacana­ as (...) a genitive depending on a dvandva made up of three constituents, i.e., artha­, liṅga­, and parimāṇavacana­, and we take parimāṇa­ as denoting a quantity that, combining with vacana­, is substantially equivalent to the concept of grammatical number in modern linguistics. We finally show that our reading of A 2.3.46 is able to generate the nominative endings affixed to the subject and predicate of a nominal sentence: as a consequence, nominal sentences might actually not have been neglected by Pāṇini. (shrink)

Category Theory has developed rapidly. This book aims to present those ideas and methods which can now be effectively used by Mathe­ maticians working in a variety of other fields of Mathematical research. This occurs at several levels. On the first level, categories provide a convenient conceptual language, based on the notions of category, functor, natural transformation, contravariance, and functor category. These notions are presented, with appropriate examples, in Chapters I and II. Next comes the fundamental idea of an adjoint (...) pair of functors. This appears in many substantially equivalent forms: That of universal construction, that of direct and inverse limit, and that of pairs offunctors with a natural isomorphism between corresponding sets of arrows. All these forms, with their interrelations, are examined in Chapters III to V. The slogan is "Adjoint functors arise everywhere". Alternatively, the fundamental notion of category theory is that of a monoid -a set with a binary operation of multiplication which is associative and which has a unit; a category itself can be regarded as a sort of general­ ized monoid. Chapters VI and VII explore this notion and its generaliza­ tions. Its close connection to pairs of adjoint functors illuminates the ideas of universal algebra and culminates in Beck's theorem characterizing categories of algebras; on the other hand, categories with a monoidal structure lead inter alia to the study of more convenient categories of topological spaces. (shrink)

Today there is considerable disagreement between the US and the EU with respect to food safety standards. Issues include GMOs, beef hormones, unpasteurized cheese, etc. In general, it is usually asserted that Europeans argue for the precautionary principle (with exceptions such as the Sanitary and Phytosanitary Agreement where ``substantial equivalence,'' a form of familiarity, is used) while Americans defend risk analysis or what is sometimes described as the familiarityprinciple. This is not to suggest that EUmember countries agree on (...) how the precautionaryprinciple should be applied; considerabledifferences exist among nations as will benoted below.In this paper I review both positionsarguing that they are best understood asvariants of the homiletics of risk rather thanas differing scientific positions. I concludethat while science must necessarily enter intothe formulation of food and agriculturalstandards, state policy, private economicinterests, and the interface between the two(e.g., when democratic states are successfullylobbied to support particular privateinterests), play important roles in determininghow particular risks will be treated. Moreover,I argue that the role of science mustnecessarily be limited if its credibility is tobe preserved. (shrink)

In this paper I shall do three things. Firstly , I shall distinguish between three senses of “imagine”: one in which the word is used to report the occurrence of mental imagery; a second in which “imagined” is used as substantially equivalent to “thought”; and a third in which “imagine” is used as substantially equivalent to “suppose.” Secondly , I shall discuss Hume's thesis about imagination: both because, although this is set out as a plausible generalization about psychology, it nevertheless (...) seems to me that Hume dealt with a central philosophical problem concerning imagination—the relation of descriptions to imagery—in a way that is suggestive and fruitful; and—the main reason for mentioning Hume—because a study of the relation between imagining and imagining will help us to reinterpret his thesis from a mistaken one about psychology into a correct one about logic and language. Thirdly , I shall give thecentral arguments and the conclusion of the chapter on Imagination in The Concept of Mind , and comment on them. (shrink)

In ?The Labour Theory of Value and the Concept of Exploitation? I distinguished between two ways in which the labour theory of value is formulated, both of which are common. In the popular formulation, the amount of value a commodity has depends on how much labour was spent producing it. In the strict formulation, which is so called because it formulates the labour theory of value proper, the amount of value a commodity has depends on nothing about its history but (...) only on how much labour would (now) be required to produce something just like it. I argued that strict and popular formulations are often wrongly treated as substantially equivalent, and that the practice of conflating them sustains two false impressions: that the labour theory of value is a basis for saying that capitalists exploit workers, and that the labour theory of value is true. The present paper is a reply to Nancy Holmstrom's recent attempt, in ?Marx and Cohen on Exploitation and the Labor Theory of Value?, to refute the theses of the article referred to above. (shrink)

The caliber of recent discourse regarding geneticallymodified organisms (GMOs) has suffered from a lack of consensuson terminology, from the scarcity of evidence upon which toassess risk to health and to the environment, and from valuedifferences between proponents and opponents of GMOs. Towardsaddressing these issues, we present the thesis that GM should bedefined as the forcible insertion of DNA into a host genome,irrespective of the source of the DNA, and exclusive ofconventional or mutation breeding.Some defenders of the commercial use of GMOs (...) have referred to thescientific work of GMO critics as ``junk science.'''' Such a claim isfalse and misleading, given that many papers critical of both theutility and safety of GMOs have been published in peer reviewedjournals by respected scientists. In contrast, there is a dearthof peer reviewed work to substantiate the frequently heardassertions of either safety or utility in GMOs. The polarity,which now characterizes much of the public discourse on GMOs,reflects not simply scientific disagreement, but alsodisagreement in underlying value assumptions. Value differencesstrongly affect the assessment of both benefit and harm fromGMOs. (shrink)

The words χρxs22EF and δεxs1FD6 with their inflectional and dialectic variations, are less definite and stable in their semantic range than the other Greek expressions for the general ideas of necessity, obligation, or propriety. Their semantic boundaries varied with the dialect, province of literature, and period–which cannot, indeed, be entirely separated. From Homer to Aristotle there is a steady trend, so plain that the slight notice taken of it is rather surprising. Everyone sees that the two are sometimes differentiated; yet (...) it seems to be loosely taken for granted that they are substantially equivalent, and that either may, almost anywhere, be taken as an equivalent of the verbal in -τxs22EFος. The statements in Liddell and Scott under χρxs22EF present an admirable confusion of all periods and styles, and J. H. H. Schmidt, with no mention of dates, makes a distinction that resembles a reversal of the true relation. (shrink)

Expressively equivalent logical languages can enunciate logical notions in notationally diversified ways. Frege’s Begriffsschrift, Peirce’s Existential Graphs, and the notations presented by Wittgenstein in the Tractatus all express the sentential fragment of classical logic, each in its own way. In what sense do expressively equivalent notations differ? According to recent interpretations, Begriffsschrift and Existential Graphs differ from other logical notations because they are capable of “multiple readings.” We refute this interpretation by showing that there are at least three different kinds (...) of such multiple readings. While readings of the first kind do not capture any essential difference among notations but only among vocabularies, corresponding to readings of the second and the third kind two general parameters according to which notations may differ are defined: linearity vs. non-linearity, and tabularity vs. non-tabularity. This answers the question of how there can be substantially different but expressively equivalent logical notations. (shrink)

Risk governance of GM plants and GMfood products is presently subject to heatedscientific and public controversies. Scientistsand representatives of the biotechnologyindustry have dominated debates concerningsafety issues. The public is suspicious withregard to the motives of scientists, companies,and political institutions involved. Thedilemmas posed are nested, embracing valuequestions, scientific uncertainty, andcontextual issues. The obvious lack of data andinsufficient information concerning ecologicaleffects call for application of thePrecautionary Principle (PP). There are,however, divergent opinions among scientistsabout the relevance of putative hazards,definition of potential ``adverse effects,'' (...) andwhether actions should be taken to preventharm. The reliance on the concept ofsubstantial equivalence in safety evaluation ofGM food is equally controversial. Consequently,value assumptions embedded in a scientificframework may be a barrier for employment ofthe PP. One of our major conclusions is thatprecautionary GMP usage requires riskassessment criteria yet undeveloped, as well asbroader and more long-term conceptions of risk,uncertainty, and ignorance. Conflicts ofinterest and public participation are otherissues that need to be taken intoconsideration. GMP governance regimes that arejustifiable from a precautionary and ethicalpoint of view must transcend traditionalscientific boundaries to include alternativescientific perspectives as well as publicinvolvement. (shrink)

Biological systems are highly complex, and for this reason there is a considerable degree of uncertainty as to the consequences of making significant interventions into their workings. Since a number of new technologies are already impinging on living systems, including our bodies, many of us have become participants in large-scale “social experiments”. I will discuss biological complexity and its relevance to the technologies that brought us BSE/vCJD and the controversy over GM foods. Then I will consider some of the complexities (...) of our social dynamics, and argue for making a shift from using the precautionary principle to employing the approach of evaluating the introduction of new technologies by conceiving of them as social experiments. (shrink)

A substantial body of evidence suggests that autobiographical recollection and simulation of future happenings activate a shared neural network. Many of the neural regions implicated in this network are affected in patients with bipolar disorder , showing altered metabolic functioning and/or structural volume abnormalities. Studies of autobiographical recall in BD reveal overgeneralization, where autobiographical memory comprises primarily factual or repeated information as opposed to details specific in time and in place and definitive of re-experiencing. To date, no study has (...) examined whether these deficits extend to future event simulation. We examined the ability of patients with BD and controls to imagine positive, negative and neutral future events using a modified version of the Autobiographical Interview that allowed for separation of episodic and non-episodic details. Patients were selectively impaired in imagining future positive, negative, and neutral episodic details; simulation of non-episodic details was equivalent across groups. (shrink)

Is truth a substantial feature of truth-bearers? Correspondence theorists answer in the affirmative, deflationists in the negative. Correspondence theorists cite in their defense the dependence of truth on meaning or representational content. Deflationists in turn cite the conceptual centrality of simple equivalences such as ''Snow is white' is true iff snow is white'' and 'It is true that snow is white iff snow is white'. The apparent facts to which these theorists appeal correspond to some of our firmest and (...) most basic convictions about truth. An account of truth that fails to accommodate either sort of apparent fact is inadequate. The account presented in this essay attempts to avoid this inadequacy by 'deflating' truth for propositions but 'inflating' truth for entities that express propositions, thus drawing from the insights of both deflationists and correspondence theorists. (shrink)

Aldo Antonelli offers a novel view on abstraction principles in order to solve a traditional tension between different requirements: that the claims of science be taken at face value, even when involving putative reference to mathematical entities; and that referents of mathematical terms are identified and their possible relations to other objects specified. In his view, abstraction principles provide representatives for equivalence classes of second-order entities that are available provided the first- and second-order domains are in the equilibrium dictated (...) by the abstraction principles, and whose choice is otherwise unconstrained.entities are the referents of abstraction terms: such referents are to an extent indeterminate, but we can still quantify over them, predicate identity or non-identity, etc. Our knowledge of them is limited, but still substantial: we know whatever has to be true no matter how the representatives are chosen, i.e., what is true in all models of the corresponding abstraction principles. This view is backed up by an “austere” conception of universals, according to which these are first-order objects, i.e., ways of collecting first-order objects. Antonelli thus claims that second-order logic does not import any novel ontological commitment beyond ontology of first-order, naturalistically acceptable, objects. Moreover, in the case of arithmetic, even if Hume’s Principle is construed as described above, Frege’s Theorem goes through unaffected, since there is nothing in its proof that depends on an account of the “true nature” of numbers. A viable construal of logicism is then given by the combination of semantic nominalism and a naturalistic conception of abstraction. [Editors note]. (shrink)

The correspondence conception of truth involves two claims: that truths correspond to reality; and that such correspondence is what truth essentially is. And the minimalist response, urged in this chapter, is to concede the first of these theses but to deny the second. The rationale for this response is that the minimalistic equivalence biconditionals can easily be supplemented with characterizations of correspondence and fact to show that, indeed, for any true proposition or sentence, there is a corresponding fact. However, (...) it is shown that there are no advantages—and substantial disadvantages—in supposing that this entire construction constitutes the basic theory of truth. One merely imaginary benefit is that a correspondence account, by reducing truth to reference and reference to causation, would leave us with a finite, naturalistic model—and thereby make the concept of truth scientifically respectable. It is argued, however, that reference, satisfaction, correspondence, and fact are just as non‐naturalistic, and in need of infinite, deflationary theories, as truth is. (shrink)

Complex systems can be characterized by classes of equivalency of their elements defined according to system specific rules. We propose a generalized preferential attachment model to describe the class size distribution. The model postulates preferential growth of the existing classes and the steady influx of new classes. According to the model, the distribution changes from a pure exponential form for zero influx of new classes to a power law with an exponential cut-off form when the influx of new classes is (...) substantial. Predictions of the model are tested through the analysis of a unique industrial database, which covers both elementary units (products) and classes (markets, firms) in a given industry (pharmaceuticals), covering the entire size distribution. The model's predictions are in good agreement with the data. The paper sheds light on the emergence of the exponent tau approximately 2 observed as a universal feature of many biological, social and economic problems. (shrink)

The article deals with the question whether a state might be held liable for the infringement of constitutional law if its national court of last instance violates the obligation to make a reference for a preliminary ruling to the Court of Justice of the European Union under the conditions laid down in Article 267 of the Treaty on the Functioning of the European Union and developed in the case-law of the Court. Relying on the well-established practice of the European Court (...) of Human Rights, which accepts that in theory an arbitrary decision not to refer a question for a preliminary ruling could infringe the right to a fair trial established in the ECHR, the author analyses whether constitutional courts of Germany, Czech Republic, Spain and Lithuania have elaborated the equivalent practice and if so, whether they have established any specific criteria that national courts are required to bring into play in order to substantiate the decision not to refer. (shrink)

Propositional canonical Gentzen-type systems, introduced in [2], are systems which in addition to the standard axioms and structural rules have only logical rules in which exactly one occurrence of a connective is introduced and no other connective is mentioned. [2] provides a constructive coherence criterion for the non-triviality of such systems and shows that a system of this kind admits cut-elimination iff it is coherent. The semantics of such systems is provided using two-valued non-deterministic matrices (2Nmatrices). [23] extends these results (...) to systems with unary quantifiers of a very restricted form. In this paper we substantially extend the characterization of canonical systems to (n, k)-ary quantifiers, which bind k distinct variables and connect n formulas, and show that the coherence criterion remains constructive for such systems. Then we focus on the case of k ∈ {0, 1} and show that the following statements concerning a canonical calculus G are equivalent: (i) G is coherent, (ii) G has a strongly characteristic 2Nmatrix, and (iii) G admits strong cut-elimination. We also show that coherence is not a necessary condition for standard cut-elimination, and then characterize a subclass of canonical systems for which this property does hold. (shrink)

That abortion kills someone with a right-to-life has become easier to see since Roe v. Wade. Progress in scientific research and medical practice has made both birth and viability unrealistic criteria for demarcating between human life, which demands moral respect, and merely “potential life” which does not have moral or legal equivalency with maternal interest. The near ubiquity of sonograms has probably done more than intellectual arguments to convince the public that a real baby resides in the uterus by the (...) tenth week of pregnancy. Earlier and earlier prenatal medical interventions on behalf of the unborn patient confirm this impression, and DNA indubitably substantiates that a fertilized embryo is biologically identical to the individual who is born nine months later and who has an undeniable right not to be killed. (shrink)

The presented papers are very interesting. They differ and complement one another… . Orlova's presentation is a model of structuralization, scientific rigor, extreme precision, and clarity. Shemanov's paper provides a philosophical basis for culturology. I asked what place culturology occupies in the field of knowledge. It turned out that to answer this question it is first necessary to present the system of manifestations of a society's life activity and only then, when we have the matrix, can we compare our idea (...) of culture with it in order to make it relevant to that matrix. This is to correlate the patrix and the matrix. But since there are no generally accepted schemata of society, no developed schemata of its cognitive activity, I had to work on my own. I offer two schemata but, in view of the time limit, I will only indicate certain items of this context so as to make it clear what I am talking about and from what premises I proceed. There are several premises. The first is the main problem that must be borne in mind in any theorizing. How is our material existence correlated with the realization of our creative potential, our subjectivity? This is the problem of man's spiritual development. It would appear to be a truism. But it is necessary to find a philosophical expression for this problem. This means to find a formula, because if a study is not summed up in a formula it has to be continued. The philosophical equivalent of the problem of existence is: existence determines consciousness, consciousness reflects existence. This is a contribution of Marxism. It would seem that those who theorized about the active nature of consciousness, thought, and the subjective factor have all the advantages, since that was all they worked on and spoke of the primacy of consciousness. Why, then, have they not discovered the formula of the correlation between material existence and creative subjectivity? Because then there is a clash of two paradigms, and formal logic comes into force, stating that it is necessary to make a choice, for there is no third way. We want to construct a philosophical equivalent of the activity of consciousness and say what role it plays. As long as we simply say that it plays a huge or important role, or that consciousness has a reverse effect, our research has not been completed. If existence determines consciousness, then thought, in turn, makes reality similar to itself. Consequently, I distinguish existence and reality. But whence this distinction? If we go back to the definition that matter is a philosophical category for denoting objective reality, then it becomes clear that objective reality is that which exists outside and independently of us. If we have different words-outside of us and independently of us-then this is a substantial difference. Even so perspicacious an analyst as Freud separated these concepts with a comma. So I tried to separate them vertically and horizontally. Vertically, we have that which is in reality and, horizontally, that which exists independently of us. We obtain a definite square. Existence-consciousness-activity-reality. Everything else is purely technical. Here is the genesis of the matrix. This leads to many consequences. Superimposing this schema on the matrix, I obtained a fairly clear picture. They turn out to be relevant to each another. We get varieties of knowledge such as intuitive or, if we think in binary oppositions, the instinctive is opposed to the distantive variety, and first of all science, because it knows not directly, but through mediation. Instinctive knowledge is instantaneous, one-time knowledge. Here the logic of common sense and other things operates. And then, when we correlate activity and reality, we have the objective and subjective varieties. Corresponding to these varieties, as a result of cognition we acquire knowledge: intuitive-direct, distantive-mediated, subjective-procedural, and objective-object-oriented. If we take such characteristics as the bases of cognitive varieties, the means of knowledge, the forms of knowledge, cognitive approaches, and objects of knowledge, we get a special table. Mendeleev had a table of chemical elements; I have a table of social elements consisting of twenty-eight squares. In a division into so many categories, if there is a logical mistake, there must be a flaw somewhere. I do not detect any flaws here, and this indicates that such a division is not fortuitous: the table reflects a law. There are also other premises such as "we are in the world, and the world is in us." We are in the world physically, while the world is in us mentally. We live surrounded by nature, but also at the price of nature. My schemata are based on these presuppositions. Consequently, one cannot counterpose the achievements of philosophical materialism and idealism. At this stage they must be not opposed, but synthesized, united. This is to dismiss the claim of every doctrine that it is absolute. If we see the relatively rational in each doctrine and join them together, we shall get a contemporary synthetic philosophy that works. I was able to show how this methodology works, in this case, with this example. In analyzing such an urgent social phenomenon as conflict, I found that conflict situations can be broken down into elements. Now I know how to order the sides in a conflictual situation, how they are correlated. And when there is a link with a schema of categories, then things work well. (shrink)

This essay is meant to draw the principle outlines of the development of a specific modern issue of penalty. Deriving from an erosion of Augustine's dominating paradigm of retribution as a balance of two equivalent “evils” the legitimation of modern punishment was not sought in ef ficient deterrence only – as utilitarian philosophers suggested. More deeply, a modern justification of punishment was developed within the political philosophy of Kant, Fichte and Hegel by successively unfolding its close relation to the concept (...) of freedom. This does not only stress the criminal's own responsibility but also relies on the condition of a developed rule of law. As a result punishment was not only meant to restore sovereignty, often based on a social contract, but also the fundamental relation of mutual recognition between individuals. Adhering to a substantial understanding of the modern state under the rule of law this concept of penal law draws a marked distinction between “punishment” and “war” and also sets a clear limit to tendencies of expanding criminality beyond the rule of law. Regarding its philosophical impact it predominantly must be put forward against all measures which negate or extinguish the criminal's personality as a whole, such as torture, death penalty or life imprisonment. (shrink)

Criticisms have been aired before about the fear of certain Platonic abstract objects, propositions. That criticism extends to the widespread preference for an operator analysis of expressions like ‘It is true, known, obligatory that p’ as opposed to the predicative analysis in their equivalents ‘That p is true, known, obligatory’. The criticism in the present work also concerns Prior’s attitude to Platonic entities of a certain kind: not propositions, i.e., the referents of ‘that’-clauses, but individuals, i.e., the referents of Russell’s (...) ‘logically proper names’. Prior had a close knowledge of theories of individuals, including that of Russell. However, when Prior formulated his tense logic Q he presumed a non-Russellian, pre-suppositional account of individuals, such that they might exist at one time but not at another, and when they did not exist no statement could be made about them. This paper examines the correctness of such a pre-suppositional account of individuals, showing there are features of natural language it cannot account for. It is shown that the required features can be formalised in Hilbert’s epsilon calculus, and that using that calculus substantiates a Russellian understanding of ‘logically proper names’. (shrink)

Major depression (MD) is a highly heterogeneous diagnostic category. Diverse symptoms such as sad mood, anhedonia, and fatigue are routinely added to an unweighted sum-score, and cutoffs are used to distinguish between depressed participants and healthy controls. Researchers then investigate outcome variables like MD risk factors, biomarkers, and treatment response in such samples. These practices presuppose that (1) depression is a discrete condition, and that (2) symptoms are interchangeable indicators of this latent disorder. Here I review these two assumptions, elucidate (...) their historical roots, show how deeply engrained they are in psychological and psychiatric research, and document that they contrast with evidence. Depression is not a consistent syndrome with clearly demarcated boundaries, and depression symptoms are not interchangeable indicators of an underlying disorder. Current research practices lump individuals with very different problems into one category, which has contributed to the remarkably slow progress in key research domains such as the development of efficacious antidepressants or the identification of biomarkers for depression. The recently proposed network framework offers an alternative to the problematic assumptions. MD is not understood as a distinct condition, but as heterogeneous symptom cluster that substantially overlaps with other syndromes such as anxiety disorders. MD is not framed as an underlying disease with a number of equivalent indicators, but as a network of symptoms that have direct causal influence on each other: insomnia can cause fatigue which then triggers concentration and psychomotor problems. This approach offers new opportunities for constructing an empirically based classification system and has broad implications for future research. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Otherwise than Laïcité? Toward an Agonistic Secularism in LevinasMark Cauchi (bio)Levinas and SecularismAlong with the so-called “return of the religious” in contemporary Western philosophy and politics, there has been a renewed effort in recent years to rethink secularism, the political doctrine of the separation of religion and politics.1 It would not be difficult to show that Emmanuel Levinas has been a substantial force in the resurgence of interest (...) in religion among philosophers, but his impact on thinking about secularism is less evident. Part of the reason for this uncertainty, and part of the reason it is not taken up by scholars, is doubtless the fact that Levinas’s conception of secularism is difficult to discern.2 Although he often discusses religion, politics, and even their relationship, he rarely addresses the question of secularism directly. He certainly uses the term laïcité, and, especially in Difficult Freedom, often discusses both the place of Judaism in secular society and what he calls the “Christian atmosphere” of modernity, but he never articulates, either here or elsewhere, a complete account of the concept.In addition to the paucity of Levinas’s writings on secularism, a further difficulty is that what Levinas does say about secularism can often seem contradictory and unclear. Consider, for example, his view [End Page 187] of the most basic issue of secularism: the separation of church and state. Is such a separation wholly compatible with Levinas’s thinking? On the one hand, Levinas is unambiguous about his endorsement of the separation. He writes in “How Is Judaism Possible?” (1959) that the separation “is the citadel that protects us [French Jews] against injustice,” and therefore that “we must beware of tampering with it.” And yet, as he will immediately add, the “luminous and incontestable formula” separating church and state must be given “its best content,” as if in its common understanding it does not possess its best meaning (DF 245). This specific double move, where he simultaneously endorses and criticizes the separation of church and state, is indicative of Levinas’s more general attitude from the 1950s onward toward the whole of the standard liberal conception of secularism.What I mean by the latter conception will be fleshed out in the following sections, but it can be defined now, in a preliminary fashion, as the entire liberal enterprise of creating a culturally neutral state and public sphere for the sake of protecting the rights and liberties of the individual citizen. Because the individual citizen is defined as possessing the right to, or liberty of, thought, expression, and association—all of which together, in effect, produce freedom of religion, whether explicitly proclaimed or not—the state and public sphere must be constituted in particular ways to guarantee these liberties; in particular, they must be culturally neutralized so that any citizen, from whichever cultural background, can participate in public institutions without bias and thus without the violation of their liberties. Such neutralization is achieved by the reciprocal move wherein participants in these institutions—that is to say, individual citizens—are not allowed to bring their cultural frameworks with them into the constitutions and operations of these institutions, leading to the so-called privatization of religion.Because Levinas criticizes this model of secularism while seeming to endorse some notion of it, what I would like to do in this essay is to determine what is precisely Levinas’s criticism of secularism and, in addition, what a “Levinasian secularism” might be. My central contention will be that the latter (Levinasian secularism) is not equivalent [End Page 188] to the former (his stated views about secularism). The reason for this discrepancy is that Levinas critiques standard liberal secularism on the basis of his more general philosophy of ethical alterity, but then reinstates liberal secularism (or an unspecified version of it) as the best way to protect institutionally ethical alterity. This double movement raises the question, how can ethical alterity at once be consistent and inconsistent with liberal secularism? The question is naturally related to the much-discussed one about the relation of ethics and politics in Levinas’s thinking. Levinas’s approach to the latter relation is consistently... (shrink)

Legal concepts and notions are deeply affected by religions, ethics, philosophy and the culture of a particular nation. As Friedman Comparing legal cultures, Dartmouth, Aldershot, 1997, p. 34) highlights, understanding legal culture is a crucial factor as it both affects their translation and interpretation and consequently has an impact on the application of law. This increases in importance, for example, in the context of the principle of mutual trust and recognition of judgments assumed by the European Union as the cornerstone (...) of judicial co-operation in the European Union, which would not be possible without the trust in each other’s justice system and the respect for the different legal systems and traditions of the Member States. In that vein, ‘the Third Space’, where legal concepts and notions of multiple origins meet and where their meanings are negotiated, transformed, translated and integrated into various socio-political and cultural contexts has acquired an immense significance. Although there may be natural similarities between legal professions in the European Union, they could differ quite substantially as they are deeply rooted in the history and societal evolution of a country; therefore, they are generally regulated at a national, not a European level. In light of the above, the author intends to perform an in-depth analysis of key terminology in the field of names of legal professions which exist in the Member States of the European Union. The author focuses on the terms which refer to the legal profession of lawyers as they might pose obstacles in translation and interpretation due to different functions and roles these legal professionals play in their legal systems or due to the lack of their equivalents in other legal systems. The terminology is compared to present similarities and differences in their meaning, particularly putting some emphasis on socio-political and cultural contexts. The research methods encompass the analysis of relevant literature and the terminological analysis of the research material, which includes the information on legal professions provided by particular Member States on the European e-Justice portal and relevant national regulations in that respect. Finally, the author draws the conclusion that a thorough analysis of the functions and roles of a particular legal profession in socio-political and cultural contexts is required before the translation and interpretation of the term is provided as it helps to avoid ambiguity and makes legal communication precise. (shrink)

In this paper a unified framework for dealing with a broad family of propositional multimodal logics is developed. The key tools for presentation of the logics are the notions of closure relation operation and monotonous relation operation. The two classes of logics: FiRe-logics (finitely reducible logics) and LaFiRe-logics (FiRe-logics with local agreement of accessibility relations) are introduced within the proposed framework. Further classes of logics can be handled indirectly by means of suitable translations. It is shown that the logics from (...) these classes have the finite model property with respect to the class of -formulae, i.e. each -formula has a -model iff it has a finite -model. Roughly speaking, a -formula is logically equivalent to a formula in negative normal form without occurrences of modal operators with necessity force. In the proof we introduce a substantial modification of Claudio Cerrato's filtration technique that has been originally designed for graded modal logics. The main core of the proof consists in building adequate restrictions of models while preserving the semantics of the operators used to build terms indexing the modal operators. (shrink)

The article critically examines the project of Brian Epstein's social ontology. The authors propose to interpret a social fact as derived from the appropriate perspective of an observer carrying out a structural reconstruction of a social phenomenon and identify difficulties in the way of analyzing social facts as structurally independent of causally determining factors. The article shows that the determination and foundation of social facts cannot be understood as asymmetric, substantiates the symmetrical nature of the relationship between the determinable complex (...) fact and the ontological foundations that determine them, and suggests that the judgments describing them are equivalent, and also proves the need to involve philosophical and scientific methodology, the resources of the philosophy of language and epistemology to address the issue of the validity of projects “ontological fixation”, which the authors of the article propose to consider as a scientific classification. Understanding the ontology of the social is possible only when going beyond its limits, and any classifications can be idiosyncrasies of individual classifiers or observers, scientifically unequal and requiring epistemological evaluation. The authors note that epistemology allows us to judge the necessity or, on the contrary, artificiality of classification, and the question of the ontological basis of a social fact should be solved by analogy. Accordingly, the search for such ontological foundations is not possible without prior resolution of the epistemological problem: which classifications (fixations) of “natural” or “social species” are structurally necessary (in the sense that their macro-properties properties stem from the internal structure), and which are arbitrarily constructed by the observer, based on his idiosyncrasy or local-historical, cultural or ideological position. (shrink)

Recently a number of works in meta-ontology have used a variant of J.H. Harris's collapse argument in the philosophy of logic as an argument against Eli Hirsch's quantifier variance. There have been several responses to the argument in the literature, but none of them have identified the central failing of the argument, viz., the argument has two readings: one on which it is sound but doesn't refute quantifier variance and another on which it is unsound. The central lesson I draw (...) is that arguments against quantifier variance must pay strict attention to issues of translation and interpretation. The paper also has a substantial appendix in which I prove the equivalence of plural mereological nihilism and standard first-order atomistic mereology; results of this kind are often appealed to in the literature on quantifier variance but without many details on the nature or proof of the result. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:European Network of Buddhist-Christian StudiesSalzburg, Austria, June 8–11, 2007John D’Arcy MayIs it a problem for Buddhists that what is generally regarded as religion can be profoundly different from tradition to tradition? Is it appropriate or even desirable to speak of a Buddhist “theology of religions”? Does Buddhism have its own ways, however subtle, of affirming its superiority over all else that claims the name “religion”?The European Network of Buddhist-Christian (...) Studies set out to find answers to these questions at its seventh conference, held at the splendid Catholic conference center of St. Virgil on the outskirts of Salzburg, Austria.Given the demographic realities in Europe, the network has inevitably tended to be a group of Christians discussing Buddhism, as far as possible with the participation of Buddhist guests but without really providing a platform for a thoroughgoing Buddhist discussion of religious plurality. This time, more Buddhists than ever before, including significant scholars from America and Asia as well as Europe, participated in the conference. We were thus treated to a discussion of Buddhist attitudes to the religions that broke new ground and presented a vivid picture of Buddhism’s own internal diversity.In his introductory address the president of the network, Prof. John May, paid tribute to the University of Salzburg’s newly established Centre for Intercultural Theology and the Study of Religions, whose director, Prof. Gregor Maria Hoff, welcomed participants on behalf of the university. Dr. Ulrich Winkler contributed substantially to the organization of the conference.Dr. Kristin Kiblinger (Winthrop University), author of the first systematic treatment of Buddhist “inclusivism,” opened the conference proper by distinguishing between “open” and “closed” forms of inclusivism. She suggested a parallel with George Lindbeck’s “experiential-expressive” paradigm of religious doctrine in order to make clear that Buddhists, like Christians, have ways of privileging their own positions, though these generally remain unacknowledged.“One vehicle” (ekayāna) theories of Buddhism have something in common with “common core” theories of Christian pluralism in that they presuppose a “single end” [End Page 149] inclusivism. Whether the “positionless position” derived from Buddhist “emptiness” (śūnyatā) is a better guarantee of genuine pluralism than the Christian notion of “self-emptying” (kenōsis), as suggested by Masao Abe, remains an open question. The Buddhist doctrine of “two truths,” one expressed in the “higher” language (paramārthasatya) accessible only to Buddhist practitioners and the other in the “lower” language (samvrtisatya) of discourse with others, does not hold out much promise of true mutual respect between traditions.Prof. John Makransky (Boston College), an ordained lama and meditation teacher as well as a renowned scholar of Tibetan Buddhism, took up the challenge of developing a Buddhist “theology” that avoids the claim to superiority. What matters to the Buddhist practitioner is to cut through all subconscious clinging, even to approved teachings and spiritual results. “Ultimate truth” can be known, directly but nonconceptually, yielding a “nonconceptual compassion” comparable to what Christians call “totally undivided oneness with God.” Lacking historical consciousness, however, teachers have tended to project their understanding of skillful means back on to Śākyamuni Buddha, each school assuming that other schools are merely preparations for itself. The same pattern is evident in the integration into Buddhism of indigenous religions such as Shintō, which enriched Buddhism but also assimilated it to themselves. Prompted by his contacts with Christian colleagues to venture beyond practice into Buddhist self-reflection, Makransky is now prepared to see in conceptions such as the Dharmakāya (“Dharma body” of the Buddha or ultimate reality) an equivalent of what Christians understand by God. The Body of Christ, with its implications for ecclesiology, could open up a further avenue for comparison.Existing under the conditions of late or post-modernity, Buddhism is forced to come to terms with pluralism and ecumenism. Prof. Kenneth Tanaka (Musashino University, Tokyo), an ordained Jōdo Shinshū priest, sees himself as incapable of saying to a non-Buddhist, “You’re not saved,” because the practice of prajñā and karunā (wisdom and compassion) is not restricted to Buddhists. Even within traditions, however, levels of spiritual attainment are not equivalent, nor are all religions equally valid. “Prophets can’t be pluralists,” but like... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:80 HISTORY OF PHILOSOPHY Gilson often contrasts the God of Aquinas, who is esse, with the God of Augustine, who is essentia. This difference in terminology is taken as emphasizing the essentialist character of Augustine's thought. However, Professor Anderson maintains that essentia should not be regarded as equivalent to the Thomistic notion of essence. F,ssentia is derived, according to Augustine, from esse and is most equivalent to the Thomistic (...) ens. Hence, according to Anderson, Augustine was not ignoring or slighting the factor of existence when he referred to God as essentia. Once again, Anderson's point is valid only if we grant that esse meant "to exisff' for Augustine and could not be interpreted as meaning "to be unchangeable." That there is any doubt that esse meant "to exist" for Augustine seems to be ruled out by Anderson (p. 40). One of Anderson's most interesting theses is the suggestion that the Augustinian distinction between being and non-being is substantially the same as the Thomistie distinction between essence and existence. For Augustine God alone is esse itself, while all creatures are limited by non-esse, i.e., they share in both esse and non-esse. Similarly, for Aquinas only God is esse itself, while all creatures merely possess esse. It is evident that for both philosophers the distinction between what is esse itself and what is not csse itself provides an important way of distinguishing between God and creatures. How much more alike the two distinctions are will depend on how the notion of esse is interpreted by Augustine and Aquinas. One problem is bound to arise: If for Aquinas the "proportionality" of being is to be found in the relationship between esse and essentia in ens, while for Augustine essentia ---- ens, then either Augustine does not have a Thomistic notion of the analogy of being or it must be shown what Augustine 's equivalent for the Thomistic essentia would be. Non-being does not seem adequate for such a role. A good portion of Professor Anderson's essay is devoted to discussing Augustinian metaphysics precisely in the areas in which Gilson claims that Augustine's essentialism creates problems for Augustine the Christian. These include the problems of proving the existence of God, creation and the nature of participation. It is pointed out that many of Augustine's remarks which have frequently been supposed to be of Neoplatonic inspiration are in fact based upon Scripture as far as the Saint is concerned. Although I find some portions of his essay obscure, on the whole I should say that Professor Anderson's study is quite exciting and a considerable challenge to those who are tempted to draw striking contrasts between the "essentialism" of Augustine and the "existentialism" of Aquinas. BRUCE GARSIDE McGiU University Eight Philosophers o] the Italian Renaissance. By Paul Oskar Kristeller. (Stanford, California: Stanford University Press, 1964.Pp. ix -~ 194.$5.00.) The eight chapters constituting the main body of this volume, devoted in succession to Petrarch, Valla, Ficino, Pieo, Pomponazzi, Telesio, Patrizi, and Bruno, are based on the Arensberg Lectures which were delivered by Professor Kristeller in 1961 at Stanford University. Footnotes and bibliographical references have been added, and as an appendix there is included an essay on "The Medieval Antecedents of Renaissance Humanism" which, though delivered as a lecture on several occasions, is here printed for the first time. The purpose of the series of eight lectures, as Kristeller indicates in his short preface, was "to give a brief survey of Italian thought during the Renaissance period". The aspects of Italian Renaissance thought, represented by the authors selected for discussion, are those traditionally described as humanism, Florentine Platonism, Paduan Aristotelianism, and speculative philosophies of nature. As representatives of the humanist movement Petrarch and Valla are selected, not merely because of their prominence but in order to make clear that Renaissance humanism cannot be identified with preference for a particular philosophical tradition. Petrarch preferred Plato to Aristotle, Augustine to Aquinas, and Cicero and Seneca to the Epicureans, whereas Valla preferred the Epicurean philosophy to that of the Stoics or Platonists, and appealed to Quintilian more than to Cicero in his proposals for a reform of... (shrink)

In recent years, there has been a substantial amount of work in reverse mathematics concerning natural mathematical principles that are provable from RT, Ramsey's Theorem for Pairs. These principles tend to fall outside of the "big five" systems of reverse mathematics and a complicated picture of subsystems below RT has emerged. In this paper, we answer two open questions concerning these subsystems, specifically that ADS is not equivalent to CAC and that EM is not equivalent to RT.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Perjury and Pardon, Volume 1 by Jacques DerridaRalph ShainDERRIDA, Jacques. Perjury and Pardon, Volume 1. Translated by David Wills. Edited by Ginette Michaud and Nicholas Cotton. Chicago: The University of Chicago Press, 2022. 368 pp. Cloth, $45.00This is the translation of a volume in the posthumously published series of Derrida's lecture courses. The most important of these are the early Heidegger: The Question of Being and History (1964–65) (...) and Theory and Practice (1975–76), no parts of which were published by Derrida. Substantial portions of the first volume of the lectures on Perjury and Pardon were published as separate essays, so the main question concerning this book is what it adds to the published portions.For those readers who are familiar with Derrida's most famous work and are curious about his deconstructive ethics ("ethics beyond ethics") and have not read any of the essays drawn from this book (such as "To Forgive: the Unforgiveable and the Imprescriptible," "Literature in Secret," and "Typewriter Ribbon"), this is a good place to approach the topic. One will find here many of Derrida's classic moves, such as the deconstruction of texts, concepts, and traditions. One will find conditions of possibility that are also conditions of impossibility, concepts that are contaminated from within by their opposites, and appeals to the experience of the impossible and to the distinction between a general and restricted economy.One will also find here those points that seem to be Derrida's weakest, such as the insistence on the privacy of the mental, a rather wobbly treatment of the separation between intending and causality, and the [End Page 545] claim, important for Derrida's "poetico-performative" theory of truth, that all constatives depend on a prior performative—a promise to tell the truth, always already contaminated by failure and hence a "perjury." (The first and third of these are also found in Derrida's published work.)The topics in this book are helpful in situating Derrida vis-à-vis other thinkers, especially those in the Frankfurt School. Derrida's concept of an impossible, paradoxical pardon might be compared with Adorno's concept of utopian moments. The promise of truth implicit in every constative might be compared with Habermas's quasi-transcendental ideal speech situation.Even if one has read one or more of the published portions, if one is unsure how they fit together, these lectures will allow one to see how they cohere. In the third session Derrida provides an outline of the project, which he qualifies with the comment that "I am aware of the grossly schematic character of this outline." Grossly schematic, yes, but grossly schematic outlines are very helpful. Here's the gist of the outline: "stubbornly tracking down in the Biblio-Koranic tradition a logic of economy, an economy, a sublime ruse which... comes to contradict and undermine a demand for finite-infinite forgiveness, forgiveness without condition, the aneconomic forgiveness that is nevertheless at the heart of this same thinking... showing that on the supposed Greek side, the aneconomic notion of forgiveness comes to organize the aneconomic logic and 'syngnomic' rationality of a so-called Greek culture." In short, the concept of forgiveness that is derived from the monotheistic traditions of forgiveness claims not to be pragmatic or goal oriented, but Derrida shows that it is, whereas the Greek concept that is the closest equivalent, and is supposed to be entirely pragmatic, has moments that exceed any limited economy. (If this still sounds opaque, see Derrida's essay on Bataille and general economy in Writing and Difference.)Even those who are well versed in deconstructive ethics and have read the published parts of this book may still find it quite interesting. Derrida's verbal elucidations of the typescript are transcribed from recordings and placed in footnotes. There are quite a few of these, and some of them are interesting. The editorial apparatus will allow one to confirm that one has indeed read all of the published parts, which one should not take for granted since a couple of them are in relatively obscure venues. The readings of texts are of variable interest, but even in the... (shrink)

In 1992, the United States Supreme Court, in Planned Parenthood of Southeastern Pennsylvania v. Casey, upheld the ruling in Roe v. Wade, namely that women have a right “to choose to have an abortion before viability and to obtain it without undue interference from the State.”1 However, since this ruling, some states have imposed regulations that greatly limit this right by restricting access. Texas is a recent example of this. Two proposed restrictions in House Bill 2, which will be discussed (...) in detail below, will force all but eight clinics that are located in metropolitan areas to shut down. The U.S. Supreme Court put the proposed restrictions on hold in October 2014, allowing several clinics to remain open while the restrictions are being appealed in the U.S. Court of Appeals for the Fifth Circuit. If the restrictions are passed, however, those clinics will be forced to shut down and, as a result, many women in Texas will be required to travel more than 100 miles in order to access a safe and legal abortion. Much of the focus of these restrictions has been on women and rightly so. However, I want to turn the attention to physicians. The requirements exacerbate unfair treatment of abortion providers compared with other physicians. Abortion providers face threats from the public—some of which turn into violent attacks—and they are often ostracized by their fellow medical practitioners. There are so few abortion providers to begin with and the proposed requirements limit these physicians’ opportunities to practice the branch of medicine of their choosing. Although the HB 2 requirements may not result in an unconstitutional undue burden on physicians, the challenges created by the bill limit physicians’ abilities to provide abortions. As a result of these limits, HB 2 creates an unconstitutional undue burden for women seeking abortions by creating barriers directed at abortion providers and clinic staff who are willing and able to provide abortions. The first of the two controversial HB 2 requirements is the admitting privileges requirement: “A physician performing or inducing an abortion must, on the date the abortion is performed or induced, have active admitting privileges at a hospital that is located not further than 30 miles from the location at which the abortion is performed or induced.”2 The second requirement is the ambulatory surgical center requirement: “The minimum standards for an abortion facility must be equivalent to the minimum standards adopted under [Texas Health & Safety Code] [...] for ambulatory surgical centres.”3 In order to meet these state-mandated obligations, some abortion clinics would have to spend more than $1 million in upgrades if they wish to remain open. The District Court decided that the ambulatory surgical center requirement places an unconstitutional undue burden on women, and that the two requirements together place an undue burden on women in Texas and especially in the Rio Grande Valley where the nearest clinic is a couple hundred miles away.4 Later, the U.S. Court of Appeals for the Fifth Circuit reversed the District Court’s decision and argued, “the admitting privileges requirement is constitutional on its face.”5 While the regulations are being appealed, the Supreme Court granted a stay of injunction, allowing about twelve abortion clinics to reopen until a final decision regarding the regulations is made. The District Court ruled that the purpose of the two regulations was to create a substantial obstacle for women seeking abortions in Texas. While the defendants argued that the regulations were designed to make abortions safer and reduce risk, the Court decided that this was not the case. An abortion, especially a first-term abortion, is a very safe procedure and is safer than many other routine surgical procedures. As stated in Planned Parenthood v. Casey, “Unnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion impose an undue burden on the right.”6 The undue burden in this case is imposed, not through restricting women’s access directly, but by restricting physicians’ freedom to perform abortions. The admitting privileges requirement has reduced the number of physicians who can perform abortions and the ambulatory surgical center requirement has reduced the number of clinics where abortions can be performed. The American Medical Association states, “[t]he Principles of Medical Ethics of the AMA do not prohibit a physician from performing an abortion in accordance with good medical practice and under circumstances that do not violate the law.”7 This means that physicians are not required to perform abortions, except in emergency situations, but can as long as the procedure is done safely and does not violate the law. The new Texas regulations, however, are so restrictive that few abortion providers, limited to only four urban areas, can legally perform abortions. Physicians do not have an absolute right to perform abortions as opposed to women who have an absolute right to have access to an abortion. Physicians do face many challenges that other professionals face in terms of obtaining qualifications and finding work. Abortion providers, however, face challenges that most other physicians do not. The restrictions imposed by these regulations exacerbate unfair treatment toward abortion providers and place further obstacles in their path in terms of providing the service they want and are qualified to provide. Both abortion clinics and abortion providers are being treated differently from other medical clinics and physicians. For instance, “grandfathering of existing facilities and the granting of waivers from specific requirements is prohibited for abortion providers, although other types of ambulatory surgical facilities are frequently granted waivers or are grandfathered.”8 Many abortion clinics cannot afford the necessary upgrades. Furthermore, it is extremely expensive to open a brand new clinic that complies with the ambulatory surgical center requirements. Being grandfathered in would be the only option available to abortion clinics that cannot afford the upgrade. However, unfair treatment of abortion clinics and providers is preventing those clinics from being grandfathered into the new system. As a result, many abortion clinics may be forced to close. Admitting privileges are proving difficult or impossible for physicians both to obtain and, for those who have already been granted privileges, to keep. Dr. Sherwood Lynn, an obstetrician-gynecologist who has performed abortions for decades, describes the process of obtaining admitting privileges and the difficulties abortion providers face. After sending in an application a physician must wait for the hospital to send them the required materials, “but if the address of the practice on the application is of an abortion provider or clinic, [the hospital] won’t send [them] the package of materials required. [They] simply can’t apply.”9 Dr. Lynn and several other physicians have surmised that hospitals are only withholding privileges from qualified physicians who perform abortions and that other physicians do not face this discriminatory treatment. Hospitals have also revoked privileges granted to physicians after learning that the physicians perform abortions. For instance, in Texas two doctors, “received notices [...] informing them that their admitting privileges to the University General Hospital of Dallas have been revoked, with the hospital’s CEO claiming the hospital was unaware they were providing abortion care and that the hospital believed such care would damage its reputation.”10 What is curious about this revocation is that, “federal and state laws [...] forbid hospitals from discriminating against doctors who perform abortions,” and yet hospitals are clearly doing just that.11 Dr. Pamela Richter, another abortion provider in Texas, had her temporary admitting privileges revoked with no explanation and because of this, the clinic where she performed abortions, Reproductive Services, can no longer provide abortions at all.12 As the hospital gave no reason for the revocation, it not clear Dr. Richter’s privileges were revoked because she performs abortions. Dr. Richter, however, has performed over 17,000 abortions and her privileges were revoked soon after HB 2 was introduced.13 According to the Texas Hospital Association, giving admitting privileges to doctors who do not work for the hospital is expensive and time-consuming but this does not account for the fact that hospitals are revoking previously granted privileges from physicians whom they learn are providing abortion services.14 As mentioned previously, the District Court found that the admitting privileges requirement and the ambulatory surgical center requirement do not further ensure the health and safety of women undergoing an abortion. Several physicians have testified to this fact. Dr. Lynn stated in an interview: The admitting privileges requirements are [...] absolutely unnecessary. If you have a number of patients waiting for procedures, and something happens and a patient needs to be transferred to a hospital, you’re not going to leave everyone else and go to the hospital. That makes no sense. You’re going to refer that person to a gynecologist at the hospital. There is no safety issue involved here. If a patient shows up with an emergency, every hospital is required to admit that patient. They have to by law.15 It is rare that complications will arise from an abortion performed in a clinic. Dr. Richter, for example, has performed more than 17,000 abortions and not once had to send a patient to a hospital because of complications resulting from the procedure. According to Dr. Lynn even if abortion providers were granted privileges to hospitals, it is unlikely that they will exercise them. In essence, having admitting privileges at a hospital does nothing to further ensure the safety of an already safe procedure. The only result of the admitting privileges requirement is to limit certain physicians’ ability to perform legal abortions. Not only do the HB 2 requirements fail to further ensure the health and safety of women, the HB 2 requirements may actually create more health risks to women who cannot access the eight remaining clinics. The first risk is that the remaining clinics would have an influx of patients that they may not be able to handle, forcing women to wait longer for an appointment. As stated by the District Court, “[e]ven assuming every woman in Texas who wants an abortion [...] could travel to one of the four metropolitan areas where abortions will still be available, the cumulative results of HB 2 are that, at most, eight providers would have to handle the abortion demand of the entire state.”16 Furthermore, “[t]hat the State suggests that these seven or eight providers could meet the demand of the entire state stretches credulity.”17 Abortion is a time sensitive procedure. It is safest when performed early in a pregnancy. The increase in patients to these remaining clinics, assuming all women in Texas can access them, will increase wait times and may force women to have abortions later in pregnancy. In the worst-case scenario, a woman would not see an abortion provider at all before viability. Such instances may be rare, but they are possible. In such cases, women’s access to legal abortions becomes impossible and thereby violate the ruling in Roe. Clinics may be able to avoid the aforementioned problems if they hire more physicians. However, there are two barriers to hiring more physicians. First, as mentioned previously, admitting privileges to Texas hospitals are difficult, if not impossible, for abortion providers to obtain. Second, given the negative treatment of abortion providers by anti-abortion groups, many physicians are not willing to perform abortions. The harassment abortion providers face is unique to those physicians and many physicians will not perform abortions for that reason. In an article published in the Austin Chronicle, anti- abortion activist Abby Johnson, “discusses how her group investigated appraisal district records to find the new location of where an Austin abortion physician plans to work.”18 Johnson states, “These abortionists are feeling the pressure from the pro-life movement in Texas. I think they feel like they’re on the run. And that’s how we want to keep it.”19 If the HB 2 requirements are passed and there remain at most eight abortion providers in Texas, these activists will concentrate on those clinics and, “the dangerous impact of their intimidation tactics will be exacerbated.”20 Even if the number of physicians needed to meet the demand in Texas can obtain admitting privileges and work at one of the remaining clinics, they may choose not to do such work because they are putting themselves at risk. The harm abortion providers face from such anti-abortion groups is not unique to Texas. There are stories from all over the country and from other countries where abortion is legal of physicians receiving death threats. Dr. George Tiller, an abortion provider in Kansas, was killed outside his church and had received numerous death threats prior to this. The HB 2 requirements are making it so that abortion providers either cannot provide their services any longer or will face increased threats and increased danger to themselves. Physicians are allowed to conscientiously object to providing medical interventions in certain circumstances for moral and religious reasons. However, there are limits on this right. According to the American Congress of Obstetricians and Gynecologists, “[w]hen conscientious refusals conflict with moral obligations that are central to the ethical practice of medicine, ethical care requires that the physician provide care despite reservations or that there be resources in place to allow the patient to gain access to care in the presence of conscientious refusal.”21 I would argue fear for one’s safety in the face of immediate threats is perhaps a stronger ground on which to refuse to provide care than a personal belief that abortion is immoral or against one’s religion. ACOG also states, “[p]roviders with moral or religious objections should either practice in proximity to individuals who do not share their views or ensure that referral processes are in place so that patients have access to the service that the physician does not wish to provide.”22 This responsibility has been largely disputed by the medical community but in cases of rape, incest, and health risks to women, referrals must be made without exception. However, under the requirements of HB 2, working in proximity to an abortion provider may not be possible because they are so geographically limited. Referrals are supposed to be made within reason. Some areas of Texas, such as the Rio Grande Valley, are up to 200 miles away from the nearest clinic that would remain open if HB 2 is passed. Referrals may simply not be feasible given the geographical distances and the decreasing number of available physicians. As mentioned above, there are two risks to the health and safety of women as a result of HB 2. The second of these is that if a woman cannot access one of the remaining clinics, she may seek out a more convenient but illegal and unsafe abortion, which is far more likely to result in a dangerous complication. Dr. Lynn states, “[b]ecause of the restrictions lawmakers impose, women will seek abortions illegally, and we’re going to see a rise in septic abortions.”23 Some areas of Texas might effectively revert back to a pre-Roe era where abortions were performed in unsanitary conditions by unqualified people resulting in dangerous medical complications far more often than legal abortion procedures do now. Physicians like Dr. Lynn who want to prevent this from happening generally cannot do so without facing legal sanction. Physicians have a duty to provide safe medical care and if they cannot obtain admitting privileges, they cannot exercise this duty. ACOG released a statement expressing their objections to the new requirements. They state that HB 2 is, “plainly intended to restrict the reproductive rights of women in Texas through a series of requirements that improperly regulate medical practice and interfere with the patient-physician relationship.”24 Executive Vice-President of ACOG, Hal C. Lawrence III stated: The Texas bills set a dangerous precedent of a legislature telling doctors how to practice medicine and how to care for individual patients. ACOG opposes legislative interference, and strongly believes that decisions about medical care must be based on scientific evidence and made by licensed medical professionals, not the state or federal government.25 Abortion is one of only a few areas of medicine where the legislature imposes so many regulations restricting particular physicians’ ability to practice medicine. Not only are abortions providers being regulated by the state, they are also facing clear discrimination from others within the medical community. The state is closing down clinics that do not meet the ambulatory surgical center requirements and hospitals are denying physicians admitting privileges because they perform abortions. In summary, abortion providers are being discriminated against both by the legislature and other members of the medical community. Other physicians who do not perform abortions are not denied admitting privileges on discriminatory grounds. Clinics that cannot afford upgrades to become an ambulatory surgical center are being grandfathered in, while abortion clinics are being forced to close down. Ob-Gyns who conscientiously object to performing abortions and who are not located in close proximity to at least one abortion provider cannot effectively fulfill their duty to refer patients. Lastly, given the barriers these regulations will create, there will likely be a rise in complications resulting from abortions provided under grossly unsafe conditions. Physicians, whose duty it is to provide safe and effective medical care, are being denied the right to exercise this duty. While this denial may not be unconstitutional, it is certainly unjust and discriminatory and creates obstacles that other physicians do not face. Most importantly, these obstacles are creating an undue burden for women. The HB 2 requirements do not increase the health and safety of abortions; all they do is create substantial obstacles for women. In light of these observations, the requirements seem to me to be in clear violation of Casey, in which it was decided that, “[u]nnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion impose an undue burden on that right.”26 These regulations do just what Casey was meant to prohibit and this is accomplished through limiting physicians’ ability to practice safe abortions across the state of Texas. Therefore, the HB 2 requirements may not impose an undue burden on doctors but they do impose an undue burden on women. PDF available: Rachel Hill, "Texas HB 2," Voices in Bioethics. References: 1 Planned Parenthood of Southeastern Pennsylvania v. Casey, pg. 2. 2 Whole Women’s Health v. Lakey, pg. 2. 3 Ibid. 4 Ibid., 4. 5 Ibid., 2. 6 Planned Parenthood v. Casey, pg. 16 7 AMA Code of Medical Ethics, “Opinion 2.01 – Abortion,” American Medical Association. 8 Whole Women’s Health v. Lakey, pg. 10. 9 Dr. Sherwood Lynn, “A Texas Ob-Gyn Details the Horrific Consequences of Abortion Restrictions,” Cosmopolitan. 10 Feminist Newswire, “Texas Hospitals Revoke Admitting Privileges to Abortion Providers,” Feminist Majority Foundation Blog. 11 Ibid. 12 Ibid. 13 Ibid. 14 Glenn Hegar, “Texas Hospital Association’s Statement of Opposition to Section 2 of the Committee Substitute for Senate Bill 5,” Texas Hospital Association. 15 Dr. Lynn, “A Texas Ob-Gyn.” 16 Whole Women’s Health v. Lakey, pg. 10. 17 Ibid. 18 Mary Tuma, “Undercover Audio Reveals Anti-Abortion Tactics: Anti-abortion activists monitor and track providers, patients,” Austin Chronicle. 19 Ibid. 20 Ibid. 21 Committee on Ethics, “The Limits of Conscientious Refusal in Reproductive Medicine,” The American Congress of Obstetricians and Gynecologists. 22 Ibid. 23 Dr. Lynn, “A Texas Ob-Gyn.” 24 “Ob-Gyns Denounce Texas Abortion Legislation: Senate Bill 1 and House Bill 2 Set Dangerous Precedent,” The American Congress of Obstetricians and Gynecologists. 25 Ibid. 26 Planned Parenthood v. Casey, pg. 16. (shrink)

Simpson has claimed that “ATR0 is the weakest set of axioms which permits the development of a decent theory of countable ordinals” [8]. This paper provides empirical support for Simpson's claim. In particular, Cantor's Normal Form Theorem and Sherman's Inequality for countable well-orderings are both equivalent to ATR0. The proofs of these results require a substantial development of ordinal exponentiation and a strengthening of the comparability result in [3].

Linnebo in 2018 argues that abstract objects like numbers are “thin” because they are only required to be referents of singular terms in abstraction principles, such as Hume's principle. As the specification of existence claims made by analytic truths (the abstraction principles), their existence does not make any substantial demands of the world; however, as Linnebo notes, there is a potential counter-argument concerning infinite regress against introducing objects this way. Against this, he argues that vicious regress is avoided in (...) the account of arithmetic based on Hume's principle because we are specifying numbers in terms of the concept of equinumerosity, or its ordinal equivalent. But far from being only a matter for philosophy, this implies a distinct empirical prediction: in cognitive development, the principle of equinumerosity is primary to number concepts. However, by analysing and expanding on the bootstrapping theory of Carey in 2009, I argue in this paper that there are good reasons to think that the development could be the other way around: possessing numerosity concepts may precede grasping the principle of equinumerosity. I propose that this analysis of early numerical cognition can also help us understand what numbers as thin objects are like, moving away from Platonist interpretations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Making Fetal PersonsFetal Homicide, Ultrasound, and the Normative Significance of BirthCatherine MillsIn early 2012, the then attorney general of Western Australia, Christian Porter, announced plans to introduce fetal homicide laws that would “create a new offence of causing death or grievous bodily harm to an unborn child through an unlawful assault on its mother” (Porter 2012). While well established in the United States, fetal homicide laws are only beginning (...) to take shape in Australia.1 The proposed law would mean that if an offender assaulted a woman and thereby caused the death of the fetus she was gestating, the courts would be required to impose a sentence of life imprisonment in all but exceptional circumstances—equivalent to the penalty for murder. While the proposed fetal homicide law is said to give appropriate recognition to the grief and suffering of the woman involved—and while it may help to do that—this is certainly not all it would do.2 For it would also give existence to a new legal subject in Western Australia, that is, the “unborn child”: currently, under Western Australian law a child is only legally capable of being murdered when already external to the mother’s body. Thus, the woman’s body constitutes a kind of “natural” basis for a legal boundary—one that the proposed law transgresses and perhaps obliterates, at the same time as it purports to recognize the trauma associated with the transgression and obliteration of that boundary by another.Fetal homicide laws thus traverse difficult territory in the maternal-fetal relationship, in which actions against one person come to constitute a crime against another. Significantly, these laws are typically formulated to provide legal protection for pregnant women against the intrusions of a third party against [End Page 88] their person. However, it may be that they can also be interpreted more generally to provide legal protection for the fetus against others. So construed, such laws open up a danger for pregnant women themselves, insofar as their actions threaten the life and well-being of the fetus they carry. One recent example of the exploitation of this ambiguity in fetal homicide laws is the case of Bei Bei Shuai, a young woman of Chinese descent who faced felony charges of murder in Indiana after a failed suicide attempt resulted in the death of the thirty three week old fetus she was gestating (Pilkington 2011, 2012). If a woman’s actions against herself, leading to the death of her fetus, can be legally construed as murder, where does this leave the law on abortion? The Western Australian attorney general insisted that the proposed law would not affect laws on abortion in any way, since it would not encroach on a woman’s right to make decisions about her pregnancy (Porter 2012). But a woman’s decisional rights in regards to her pregnancy are at best an unstable dividing line; at worst, it is precisely her decision to terminate a pregnancy—that is, to intentionally bring about the death of the fetus—that substantiates a murder charge. Indeed, at the crux of the Shuai case was her suicide note, in which she apparently stated her intent to kill her fetus.This ambiguity between abortion and fetal homicide has been the topic of much discussion in legal literature, and it raises significant questions that bear further investigation. For one, it raises in a particularly pointed way questions about the moral and legal significance of birth, and the bearing it has on the status of the fetus. Birth has historically been significant in establishing personhood, but this reliance on birth is challenged by the shift to treating the fetus as a person for the purposes of some areas of the law. The further question then arises of whether that status must remain consistent across domains of the law, such as those addressed to the death of a fetus at the hands of a third party, and those on abortion. While these questions have been well canvassed in legal discussions, we might also consider the impact that technologies such as obstetric ultrasound have on notions of fetal life and personhood. Advances in medical technologies appear... (shrink)