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The aim of this section is to expand and accelerate advances in methods of teaching bioethics. Bioethics educators are invited to send submissions to T. Kushner at kushnertk@gmail.com.
While the medical ethics literature has well explored the harm to patients, families, and the integrity of the profession in failing to disclose medical errors once they occur, less often addressed are the moral and professional obligations to take all available steps to prevent errors and harm in the first instance. As an expanding body of scholarship further elucidates the causes of medical error, including the considerable extent to which medical errors, particularly in diagnostics, may be attributable to cognitive sources, insufficient progress in systematically evaluating and implementing suggested strategies for improving critical thinking skills and medical judgment is of mounting concern. Continued failure to address pervasive thinking errors in medical decisionmaking imperils patient safety and professionalism, as well as beneficence and nonmaleficence, fairness and justice. We maintain that self-reflective and metacognitive refinement of critical thinking should not be construed as optional but rather should be considered an integral part of medical education, a codified tenet of professionalism, and by extension, a moral and professional duty.
Property-based models of the ownership of body parts are common. They are inadequate. They fail to deal satisfactorily with many important problems, and even when they do work, they rely on ideas that have to be derived from deeper, usually unacknowledged principles. This article proposes that the parent principle is always human dignity, and that one will get more satisfactory answers if one interrogates the older, wiser parent instead of the younger, callow offspring. But human dignity has a credibility problem. It is often seen as hopelessly amorphous or incurably theological. These accusations are often just. But a more thorough exegesis exculpates dignity and gives it its proper place at the fountainhead of bioethics. Dignity is objective human thriving. Thriving considerations can and should be applied to dead people as well as live ones. To use dignity properly, the unit of bioethical analysis needs to be the whole transaction rather than (for instance) the doctor-patient relationship. The dignity interests of all the stakeholders are assessed in a sort of utilitarianism. Its use in relation to body part ownership is demonstrated. Article 8(1) of the European Convention of Human Rights endorses and mandates this approach.
The question of what status the precautionary principle enjoys in international law has once again reared its head, most recently in the Indus Waters Treaty dispute between India and Pakistan before the Permanent Court of Arbitration. This article assesses the current state of play in respect of the precautionary principle and its status in international law. It identifies what it terms the two camps of custom – the custom camp and the no-custom camp – which find themselves on opposing sides in the debate. The article argues that the two camps are equally guilty of misunderstanding the precautionary principle and the nature of customary international law, though for different reasons. In so doing, the article shows that one side is guilty of ‘precaution spotting’, whereas the other ignores the implications of the ‘rule v. standard’ dialectic. These two concepts help us to understand the different claims advanced by the two camps. They also alert us to the fact that it is possible to conceptualize customary international law along two separate lines of inquiry: one lending emphasis to state practice and one relying on statements and declarations of rules. In pursuing these arguments, the article compares the precautionary principle with (other) norms of customary law, such as the ‘no-harm rule’ and the rules on cross-border environmental impact assessment, and argues that customary international law is best understood if we come to accept that there are multiple ways of identifying customary international rules.
Modern Persian conjugation makes use of five periphrastic constructions with typologically divergent properties. This makes the Persian conjugation system an ideal testing ground for theories of inflectional periphrasis, since different types of periphrasis can be compared within the frame of a single grammatical system. We present contrasting analyses of the five constructions within the general framework of a lexicalist constraint-based grammatical architecture (Pollard & Sag 1994) embedding an inferential and realizational view of inflectional morphology (Stump 2001). We argue that the perfect periphrase can only be accounted for by assuming that the periphrase literally fills a cell in the inflectional paradigm, and provide a formal account drawing on using valence for exponence. On the other hand, other periphrastic constructions are best handled by using standard tools of either morphology or syntax. The overall conclusion is that not all constructions that qualify as periphrastic inflection from the point of view of typology should receive the same type of analysis in an explicit formal grammar.
In the summers of 1858 and 1859, the Scot Sir James Lamont of Knockdow embarked on two cruises to Svalbard (referred to by Lamont as Spitzbergen [sic]) to hunt, make geographical surveys, and collect geological and biological specimens. Lamont's return from these voyages coincided with the publication of the joint Charles Darwin-Alfred Russel Wallace paper, ‘On the tendency of species to form varieties; on the perpetuation of varieties and species by natural means of selection’ by the Linnean Society in August 1858 and, a year later, the publication of Darwin's On the origin of species (Darwin 1958). Profoundly influenced by Darwin's ideas, Lamont initiated a correspondence with the naturalist, relating examples of what he considered to be natural selection, observed during his hunting expeditions. In his Svalbard travelogue, Seasons with the sea-horses (1861), Lamont expounded specifically upon walrus and polar bear evolution, ideas inspired by sporadic yet encouraging letters from the renowned naturalist.
In 1522, Marie Quatrelivres, accused of adultery by her husband and found guilty, was condemned to be beaten with sticks on three Fridays and afterwards enclosed in a convent. The court allotted her husband 2 years to decide if he wanted to take her back. If he did not choose to reconcile with her, she was to be enclosed for life and lose all of her property. So wrote eminent jurist Jean Papon (1505–1590) in his collection of notable cases heard before the royal courts of France. Papon described a handful of other sixteenth century adultery cases similarly decided, and then cited a contemporary and fellow eminent jurist, Nicolas Bohier, as having stated that another common punishment for adultery in France was to cut off an adulterous woman's hair, tear her clothes, and parade her in shame throughout the town or city in which she lived.
Medieval and early modern rulers commonly proclaimed that protecting the legal entitlements of the personae miserabiles, who included widows, orphans, the chronically ill and “the poor,” was among their principal duties. The entitlement of the poor to legal services was not a matter of grace but was in fact their “good right.” For example, widows, orphans, and other personae miserabili had the privilege of being heard in first instance before high courts, so as to save time and costs in pursuing their legal claims. Another example of manifest commitment to legal entitlement for the poor was the refusal of Philip II of Habsburg to consent to measures that would limit the jurisdiction of his Castilian chanceries; the measures had been proposed so as to limit the chanceries’ ever-increasing workload, but, because they could also restrict indigents' access to such courts, were rejected by the monarch. At first glance, such inclusiveness appears to have been achieved, particularly in view of the large numbers of petty conflicts brought before formal law courts during the long sixteenth century, leading to a so-called “legal revolution.” Historians generally acknowledge that broad layers of early modern society made abundant use of civil adjudication in arranging their social and economic relations and interests.
This paper argues that we should take into account the process of historical transmission to enrich our understanding of material culture. More specifically, I want to show how the rewriting of history and the invention of tradition impact material objects and our beliefs about them. I focus here on the transmission history of the mechanical calculator invented by the German savant Gottfried Wilhelm Leibniz. Leibniz repeatedly described his machine as functional and wonderfully useful, but in reality it was never finished and didn't fully work. Its internal structure also remained unknown. In 1879, however, the machine re-emerged and was reinvented as the origin of all later calculating machines based on the stepped drum, to protect the priority of the German Leibniz against the Frenchman Thomas de Colmar as the father of mechanical calculation. The calculator was later replicated to demonstrate that it could function ‘after all’, in an effort to deepen this narrative and further enhance Leibniz's computing acumen.
Accounts of nineteenth-century burial practice in England borrow heavily from French historiography, which describes the way that scientific agendas drove a shift from traditional churchyard use to secular, municipal cemetery management. A challenge to this meta-narrative uses the example of Sheffield. In this highly industrialized city, the nineteenth century did not see a dichotomized translation from churchyard to cemetery; the Church Building Act (1818) was more effective in meeting burial demand than the 1836 General Cemetery; the formal closure of churchyards did not always lead to a cessation of burial; and by the century's end, church burial provision remained substantial.