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The Rights of Nature movement has recently achieved significant successes in using legal personhood as a tool for environmental protection. Perhaps most famously, the Whanganui River in Aotearoa New Zealand was accorded legal personhood in 2017. These kinds of development have attracted plenty of scholarly interest, but few have scrutinized a foundational underlying question: Can natural areas, such as rivers, or other non-sentient natural entities actually be legal persons?
The case of the Whanganui River is an example of the direct legal personhood model: it purports to grant legal rights to the river directly. Some other jurisdictions have set up legal persons to administer rivers, without declaring the rivers themselves to be legal persons: the indirect legal personhood model. This article offers legal-philosophical arguments for why legal personhood cannot be attributed to rivers directly.
Normally, legal persons can hold claim-rights and be legally wronged. Some legal persons, such as human adults, can also be held legally responsible and exercise legal competences by entering into contracts. Natural entities cannot do any of these things. Hence, they cannot be legal persons directly; rather, their putative direct legal personhood will collapse into indirect legal personhood. Hence, treating natural entities as direct legal persons amounts only to a legal fiction. Such fictions may be justified for symbolic reasons. However, if environmental protection requires setting up a legal person to protect a natural entity, such protection in most cases can be realized without claiming that the natural entity itself would have become a legal person.
Contemporary cinema and media studies are marked by a materialist turn that highlights material elements, such as objects, non-human agencies, the environment and places on and off screen, as well as the materiality of media productions and consumption. This article expands on the important scholarship of “materialist” media studies as well as existing ecocinema scholarship by stressing the materiality of digital landscapes in contemporary Chinese fantasy (or qihuan and xuanhuan) film and television works that have gained significant popularity in China and Hong Kong. Specifically, this article examines the animist landscape in film and television adaptions of Eternal Love, a fantasy romance television serial that loosely draws on Daoist mythology. Focusing on the material aspects of digital landscapes of Chinese fantasy cinema, the article develops the notion of the “cinema–ecology complex” to address the materiality of digital landscapes, the cinematic footprint of digitally enhanced landscapes through location shooting and the consumption of landscapes as scenic spots, including daka practices, in film studio cities and related film-induced tourism. Ultimately, this article calls for a textual–infrastructural approach in cinema and media studies, which tends to reorient to the infrastructural aspects of media production, distribution and consumption.
Evidence suggests that psychedelics bring about their therapeutic outcomes in part through the subjective or qualitative effects they engender and how the individual interprets the resulting experiences. However, psychedelics are contraindicated for individuals who have been diagnosed with certain mental illnesses, on the grounds that these subjective effects may be disturbing or otherwise counter-therapeutic. Substantial resources are therefore currently being devoted to creating psychedelic substances that produce many of the same biological changes as psychedelics, but without their characteristic subjective effects. In this article, we consider ethical issues arising from the prospect of such potential “nonsubjective” psychedelics. We are broadly supportive of efforts to produce such substances for both scientific and clinical reasons. However, we argue that such nonsubjective psychedelics should be reserved for those special cases in which the subjective effects of psychedelics are specifically contraindicated, whereas classic psychedelics that affect subjective experience should be considered the default and standard of care. After reviewing evidence regarding the subjective effects of psychedelics, we raise a number of ethical concerns around the prospect of withholding such typically positive, meaningful, and therapeutic experiences from most patients.
Central and peripheral biomarkers can be used to diagnose, treat, and potentially prevent major psychiatric disorders. But there is uncertainty about the role of these biological signatures in neural pathophysiology, and their clinical significance has yet to be firmly established. Psychomotor, cognitive, affective, and volitional impairment in these disorders results from the interaction between neural, immune, endocrine, and enteric systems, which in turn are influenced by a person’s interaction with the environment. Biomarkers may be a critical component of this process. The identification and interpretation of biomarkers also raise ethical and social questions. This article analyzes and discusses these aspects of biomarkers and how advances in biomarker research could contribute to personalized psychiatry that could prevent or mitigate the effects of these disorders.
While window-shopping for his wife’s birthday, a businessman was struck by a speeding taxi that jumped the curb at 55th and Madison. In the few minutes it took the ambulance to reach the University emergency room, he had lapsed into a coma. Brain imaging revealed a large blood clot compressing the brain. The only hope for his survival was immediate drainage of the clot.
English tense/aspect-marking is an area where variation abounds and where many theories have been formulated. Diachronic studies of the preterit/present perfect alternation indicate that the present perfect (e.g. I have eaten already) has been losing ground to the preterit (e.g. I ate already) (e.g. Elsness 1997, but see Hundt & Smith 2009, Werner 2014). However, few studies have examined this alternation in vernacular speech. This article fills this lacuna by analyzing spoken data from Ontario, Canada, from an apparent-time perspective. Using a large archive of multiple communities and people of different generations, we focus on linguistic contexts known to be variable, viz. with adverbs of indefinite time. Results indicate that, in contrast with previous studies, the alternation is mostly stable. We find evidence of change only with the adverb ever. Where there is evidence of change, this change is different from the predictions in the literature, with the preterit increasing in frequency. We suggest that a minor constructionalization process operates in tandem with ongoing specialization of the preterit/present perfect contrast. Taken together, these results provide another example of the importance of including speech in research on language variation and change and of the unique contribution certain constructions make to more general systems of grammar.
In this article, we focus on the definition and application of the sliding scale of capacity. We show that the current interpretations of the sliding scale confound distinct features of the medical decision, such as its urgency, its severity, or its complexity, that do not always covary. We propose that the threshold for assessing capacity should be adjusted based solely on the cognitive complexity of the decision at hand. We further suggest that the complexity of a decision should be identified based on a patient’s particular cognitive deficits. We utilize the current research on the types of deficits that characterize amnestic dementias and examine which types of medical decisions might be most complex for patients with that type of dementia. We conclude that applying the sliding scale based on individualized judgments of cognitive complexity will improve accuracy of assessment of capacity and enable capable patients to participate in medical decision making.
This is the first article in a two-part series describing subject and family perspectives from the central thalamic deep brain stimulation for the treatment of traumatic brain injury using the Medtronic PC + S first-in-human invasive neurological device trial to achieve cognitive restoration in moderate to severe traumatic brain injury, with subjects who were deemed capable of providing voluntary informed consent. In this article, we report on interviews conducted prior to surgery wherein we asked participants about their experiences recovering from brain injury and their perspectives on study enrollment and participation. We asked how risks and benefits were weighed, what their expectations and fears were, and how decisions were reached about trial participation. We found that informed consent and enrollment decisions are fraught. Subjects and families were often split, with subjects more focused on putative benefits and families concerned about incremental risk. Both subjects and families viewed brain injury as disruptive to personal identity and relationships. As decisions were made about study enrollment, families struggled with recognizing the re-emergent agency of subjects and ceding decision-making authority to subjects who had previously been dependent upon them for protection and guidance. Subjects and family members reported a hope for the relief of cognitive disabilities, improved quality of life, normalization of interpersonal interactions, and a return to work or school as reasons for study participation, along with altruism and a desire to advance science. Despite these aspirations, both subjects and families appreciated the risks of the intervention and did not suffer from a therapeutic misconception. A second essay to be published in the next issue of Cambridge Quarterly of Healthcare Ethics—Clinical Neuroethics will describe interviews conducted after surgery, the effects of cognitive restoration for subjects, families, and challenges presented to the social structures they will call upon to support them through recovery. This subsequent article will be available online prior to its formal publication in October 2023.
One health suggests that human and animal health are comparable, but in practice, the concept aligns with the principles of public health ethics. One health ethics, as such, appears to eschew connotations of equality for the natural world. A theory of agency revises that anthropocentric assumption. This article begins with a critique of environmental dualism: the idea that human culture and nature are separate social realms, thus justifying public health as a (unifying) purpose. In response, this article argues that, first, a neuroethics of one health might equally regard humans and (some) animals, which have comparable mental states, as rational agents. Second, rational agency should ground our moral connections to nature in terms of the egalitarian interests we have (as coinhabitants) in the health of the planet. While this article makes a moderate case for interspecific rights (as the first argument asserts), neuroscience is unlikely for now to change how most public institutions regard nonhuman animals in practice. However, the second argument asserts that rational agency is also grounds for philosophical environmentalism. One health ethics, therefore, is a theory of equality and connects culture to nature, and, as such, is a separate, but coextensive approach to that of public health.
This article investigates yod dropping, i.e. the loss of the onglide after the coronals /t, d, n/, in Toronto English. Previous research has shown that this change is almost complete in Canadian English. However, most work has drawn on self-reported data rather than actual speech, and few studies have taken word frequency into consideration, although it has been shown to play a major role during earlier stages of the change. Combining auditory and acoustic analysis of production data from 20 speakers from the Greater Toronto Area, this study confirms that the change towards the yod-less pronunciation is largely complete. As in other varieties, there is considerable acoustic overlap between test words that historically had yod (new) and those that did not (too). This highlights the need to move away from predetermined cut-off points for determining yod presence, which are common in previous work, and find diagnostics that will allow us to distinguish between yod retention and /u/-fronting, another change that is currently underway in Canadian English (see also Roeder et al.2018). Possible solutions are discussed.
This article examines the emerging possibility of “brain-state transitioning,” in which one brain state is prompted through manipulating the dynamics of the active brain. The technique, still in its infancy, is intended to provide the basis for novel treatments for brain-based disorders. Although a detailed literature exists covering topics around brain-machine interfaces, where targets of brain-based activity include artificial limbs, hardware, and software, there is less concentration on the brain itself as a target for instrumental intervention. This article examines some of the science behind brain-state transitioning, before extending beyond current possibilities in order to explore philosophical and ethical questions about how transitions could be seen to impact on assessment of responsibility and personal identity. It concludes with some thoughts on how best to pursue this nascent approach while accounting for the philosophical and ethical issues.