BACKGROUND Patients with chronic pain face significant barriers in finding clinicians to manage long-term opioid therapy (LTOT). For patients on LTOT, it is increasingly common to have them sign opioid treatment agreements (OTAs). OTAs enumerate the risks of opioids, as informed consent documents would, but also the requirements that patients must meet to receive LTOT. While there has been an ongoing scholarly discussion about the practical and ethical implications of OTA use in the abstract, little is (...) known about how clinicians use them and if OTAs themselves modify clinician prescribing practices. OBJECTIVE To determine how clinicians use OTAs and the potential impacts of OTAs on opioid prescribing. DESIGN We conducted qualitative analysis of four focus groups of clinicians from a large Midwestern academic medical center. Groups were organized according to self-identified prescribing patterns: two groups for clinicians who identified as prescribers of LTOT, and two who did not. PARTICIPANTS 17 clinicians from General Internal Medicine, Family Medicine, and Palliative Care were recruited using purposive, convenience sampling. APPROACH Discussions were recorded, transcribed, and analyzed for themes using reflexive thematic analysis by a multidisciplinary team. KEY RESULTS Our analysis identified three main themes: (1) OTAs did not influence clinicians’ decisions whether to use LTOT generally but did shape clinical decision-making for individual patients; (2) clinicians feel OTAs intensify the power they have over patients, though this was not uniformly judged as harmful; (3) there is a potential misalignment between the intended purposes of OTAs and their implementation. CONCLUSION This study reveals a complicated relationship between OTAs and access to pain management. While OTAs seem not to impact the clinicians’ decisions about whether to use LTOT generally, they do sometimes influence prescribing decisions for individual patients. Clinicians shared complex views about OTAs’ purposes, which shows the need for more clarity about how OTAs could be used to promote shared decision-making, joint accountability, informed consent, and patient education. (shrink)

The increasing use of opioid treatment agreements has prompted debate within the medical community about ethical challenges with respect to their implementation. The focus of debate is usually on the efficacy of OTAs at reducing opioid misuse, how OTAs may undermine trust between physicians and patients and the potential coercive nature of requiring patients to sign such agreements as a condition for receiving pain care. An important consideration missing from these conversations is the potential for (...) racial bias in the current way that OTAs are incorporated into clinical practice and in the amount of physician discretion that current opioid guidelines support. While the use of OTAs has become mandatory in some states for certain classes of patients, physicians are still afforded great leeway in how these OTAs are implemented in clinical practice and how their terms should be enforced. This paper uses the guidelines provided for OTA implementation by the states of Indiana and Pennsylvania as case studies in order to argue that giving physicians certain kinds of discretion may exacerbate racial health disparities. This problem cannot simply be addressed by minimising physician discretion in general, but rather by providing mechanisms to hold physicians accountable for how they treat patients on long-term opioid therapy to ensure that such treatment is equitable. There are no data in this work. (shrink)

In recent years, the opioid crisis in the United States has sparked significant discussion on doctor–patient interactions concerning chronic pain treatments, but little to no attention has been given to investigating the vocal aspects of patient talk. This exploratory sociolinguistic study intends to fill this knowledge gap by employing prosodic discourse analysis to examine context-specific linguistic features used by the interlocutors of two distinct medical interactions. We found that patients employed both low pitch and creak as linguistic resources when (...) describing chronic pain, narrating symptoms and requesting opioids. The situational use of both features informs us about the linguistic ways in which patients frame fraught issues like chronic pain in light of the current opioid crisis. This study expands the breadth of phonetic analysis within the domain of discourse analysis, serving to illuminate discussions surrounding the illocutionary role of the lower vocal tract in expressing emotions. (shrink)

The United States (U.S.) and Jordan launched negotiations for a free trade agreement in 2000.The US-JO FTA includes a preamble, nineteen articles, three annexes, joint statements, memorandums of understanding, and side letters. In addition to the interesting articles on labor and environment, the US-JO FTA provides the opportunity for Jordanian nationals to come to the U.S. to make investments and participate in trade. Under certain conditions, Jordanian nationals can enter the U.S. to render professional services. The purpose of this article (...) is to examine in detail article 8 of the US-JO FTA which relates to entry of nationals of one party into the territory of the other. The article starts by providing a brief background of the negotiation and conclusion of the US-JO FTA. Then, the article analyzes in detail the specific provision related to temporary entry of nationals. The article draws a comparison between US-JO FTA with the North American Free Trade Agreement (NAFTA) and the more recent trade agreements between the U.S., Oman, Bahrain, and Morocco. Finally, the article observes that although the US-JO FTA, like all US FTAs, is designed to permit temporary entry, without intent to establish permanent residence, of persons, the U.S. should have provided Jordan with special and differential treatment for entry of its nationals. Taking into account the special circumstances of Jordan as a developing country with low-income status, high unemployment rate, and lack of resources, movement of business visitors, investors, intra-company transferees, and professionals should have been dealt with leniency so that the FTA could generate effective and real market access. (shrink)

Agreement between "independent" measurements of a theoretically posited quantity is intuitively compelling evidence that a theory is, loosely speaking, on the right track. But exactly what conclusion is warranted by such agreement? I propose a new account of the phenomenon's epistemic significance within the framework of Bayesian epistemology. I contrast my proposal with the standard Bayesian treatment, which lumps the phenomenon under the heading of "evidential diversity".

Patient and public involvement is widely thought to be important in the improvement of health care delivery and in health equity. Purpose: The article examines the role of experiential knowledge in service co-production in order to develop opiate substitution treatment services (OST) for high-risk opioid users. Method: Drawing on social representations theory and the concept of social identity, we explore how experts’ by experience and registered nurses’ understandings of OST contain discourses about the social representations, identity, and citizenship (...) of the participants and the effects these may have on developing or hindering inclusive and bottom-up forms of patient and public involvement. Results: The meeting sessions that potentially offer room for creativity and problem-solving fail to provide any new propositions for fixing the system. The health care professionals primarily identify themselves as regulators who protect the correctness of their actions and show little interest in considering experiential knowledge on opioid addiction. Conclusion: The participation of patients has been one of the prominent reforms implemented in health care. The goal of client-centered thinking is often emphasised; however, the implementation is not simple due to the strongly institutionalised knowledge and related working patterns and practices in health care. (shrink)

In recent years, there has been an increasing interest in thedevelopment of ontologically well-founded conceptual models for Information Systems in areas such as Service Management, Accounting Information Systems and Financial Reporting. Economic exchanges are central phenomena in these areas. For this reason, they occupy a prominent position in modelling frameworks such as the REA (Resource-EventAction) ISO Standard as well as the FIBO (Financial Industry BusinessOntology). In this paper, we begin a well-founded ontological analysisof economic exchanges inspired by a recent ontological (...) view on the nature of economic transactions. According to this view, what counts asan economic transaction is based on an agreement on the actions thatthe agents are committed to perform. The agreement is in turn based on convergent preferences about the course of action to bring about. This view enables a unified treatment of economic exchanges, regardless the object of the transaction, and complies with the view that all economictransactions are about services. In this paper, we start developing our analysis in the framework of the Unified Foundational Ontology (UFO). (shrink)

This paper attempts a reconstruction of reason’s contribution to empirical truth in connection with Kant’s definition of truth as the agreement of cognition with its object. I argue that Kant’s treatment of truth in the Transcendental Analytic gets completed in the Appendix to the Transcendental Dialectic with an often neglected but compelling argument (what I shall call the Variety Argument). This argument postulates such a variety in the appearances as to undermine any attempt at formulating empirical truths. Crucially, I (...) argue that this variety does not depict an extreme-case scenario, but our own epistemic situation without reason. Reason completes Kant’s theory of truth by allowing the understanding (i.) to form empirical concepts and (ii.) approximate to empirical truth. (shrink)

As far as treatments of causation are concerned, the pre-Kantian 18th century German context has long been dismissed as a period of uniform and unrepentant Leibnizian dogmatism. While there is no question that discussions of issues relating to causation in this period inevitably took Leibniz as their point of departure, it is certainly not the case that the resulting positions were in most cases dogmatically, or in some cases even recognizably, Leibnizian. Instead, German theorists explored a range of positions regarding (...) the nature of causal powers, the appropriate systems to explain the observed agreement between the states of substances, and the ground of free actions, or so I will argue in this chapter. Focusing on these three issues, I will here sketch the development of the debates relating to causation and trace the evolution of positions among the philosophers within the so-called Leibnizian-Wolffian philosophy as well as among its many opponents. (shrink)

There are important similarities between moral thought and talk and thought and talk about gender: disagreements about gender, like disagreements about morality, seem to be intractable and to outstrip descriptive agreement; and it seems coherent to reject any definition of what it is to be a woman in terms of particular social, biological, or other descriptive features, just as it seems coherent to reject any definition of what it is to be good or right in terms of any set of (...) descriptive properties. These similarities give us reason to investigate the idea that, like moral thought and talk, gender thought and talk is inherently normative. This paper proposes a normative account of gender thought and talk in terms of fitting treatment. On this fitting treatment account, to judge that A is gender G is just to judge that it is fitting to treat A as a G. This account is a descriptive or hermeneutical account of our gender thought and talk rather than an ameliorative account of our gender concepts or a metaphysical account of gender properties in social metaphysics. This paper argues that other descriptive accounts of gender thought and talk face problems that the fitting treatment account overcomes. (shrink)

Is practical reason a cognitive faculty? Do practical judgments make claims about a subject matter that are appropriately assessed in terms of their agreement with that subject matter? According to Kantians like Christine Korsgaard, the answer is no. To think otherwise is to conflate the theoretical and the practical, the epistemic and the ethical. I am not convinced. In this paper, I motivate my skepticism through examination of the very figure who inspires Korsgaard’s rejection of cognitivism: Kant. For as I (...) read him, Kant does not construe the distinction between theoretical and practical reason in terms of a distinction between cognitive and non-cognitive faculties but in terms of two distinct applications of a single faculty of reason, which is through-and-through cognitive. Thus, practical, no less than theoretical, reason cognizes a subject matter, and so practical, no less than theoretical, reason is straightforwardly subject to familiar epistemic standards of truth, warrant, and knowledge. Of course, even if I am right about Kant, this does not show that Korsgaard is wrong about reason; and I will offer no direct argument against her position here. Nonetheless, I believe that reflection on Kant’s true view, with its careful treatment of and respect for both the practicality and rationality of reason, should perhaps lead us to rethink what it means to be a rationalist in ethics. (shrink)

McCarthy et al.’s proposal gains much of its plausibility by relying on a superficial treatment of justice, human dignity, sin, and the common good within the Christian tradition. Upon closer inspection of what these terms mean within the context of Christianity, it becomes clear that despite using the same phrases (e.g., a commitment to “protecting vulnerable populations,” the goal of “promoting justice,” etc.) contemporary secular bioethical goals are often deeply at odds with goals of Christian bioethics. So, while the (...) authors are right that there is room for dialogue (and even agreement) concerning general moral principles, the process of specification and application of these principles will often be heavily influenced by competing ethical traditions. Such divergent influences will often frustrate cooperative ventures between secular and religious bioethical projects. Thus, when put into action, McCarthy et al.’s proposal will—at best—produce a divided kingdom; one that cannot hope to stand. (shrink)

In the Essay Concerning Human Understanding, Locke insists that all knowledge consists in perception of the agreement or disagreement of ideas. However, he also insists that knowledge extends to outer reality, claiming that perception yields ‘sensitive knowledge’ of the existence of outer objects. Some scholars have argued that Locke did not really mean to restrict knowledge to perceptions of relations within the realm of ideas; others have argued that sensitive knowledge is not strictly speaking a form of knowledge for Locke. (...) This chapter argues that Locke’s conception of sensitive knowledge is in fact compatible with his official definition of knowledge, and discusses his treatment of the problem of skepticism, both in the Essay and in the correspondence with Stillingfleet. (shrink)

Argument from analogy is a common and formidable form of reasoning in law and in everyday conversation. Although there is substantial literature on the subject, according to a recent survey ( Juthe 2005) there is little fundamental agreement on what form the argument should take, or on how it should be evaluated. Th e lack of conformity, no doubt, stems from the complexity and multiplicity of forms taken by arguments that fall under the umbrella of analogical reasoning in argumentation, dialectical (...) studies, and law. Modeling arguments with argumentation schemes has proven useful in attempts to refine the analyst’s understanding of not only the logical structures that shape the backbone of the argument itself, but also the logical underpinning of strategies for evaluating it, strategies based on the semantic categories of genus and relevance. By clarifying the distinction between argument from example and argument from analogy, it is possible to advance a useful proposal for the treatment of argument from analogy in law. (shrink)

This article explores the role of weakness of will in the Indian Buddhist tradition, and in particular within Śāntideva’s Introduction to the Practice of Awakening. In agreement with Jay Garfield, I argue that there are important differences between Aristotle’s account of akrasia and Buddhist moral psychology. Nevertheless, taking a more expanded conception of weakness of will, as is frequently done in contemporary work, allows us to draw significant connections with the pluralistic account of psychological conflict found in Buddhist texts. I (...) demonstrate this by showing how Amélie Rorty’s expanded treatment of akrasia as including emotional response and perceptual classification allows us to recognize that one of the purposes of many of Śāntideva’s meditations is to treat various forms of akratic response. (shrink)

I argue that Stroud's nonreductionism about meaning is insufficiently motivated. First, given that he rejects the assumption that grasp of an expression's meaning guides or instructs us in its use, he has no reason to accept Kripke's arguments against dispositionalism or related reductive views. Second, his argument that reductive views are impossible because they attempt to explain language “from outside” rests on an equivocation between two senses in which an explanation of language can be from outside language. I offer a (...) partially reductive account of meaning which appeals both to speakers’ dispositions to produce and respond to utterances in naturalistically specifiable ways, and to the normative attitudes they adopt, in so doing, to their own behavior. This account is supported, I argue, by Stroud's early treatment of Wittgenstein's rule-following considerations and in particular of the agreement in primitive judgments or reactions which Wittgenstein takes to be required for linguistic communication. (shrink)

Two problems are considered here. One relates to who has moral status, and the other relates to who has moral responsibility. The criteria for mattering morally have long been disputed, and many humans and nonhuman animals have been considered “marginal cases,” on the contested edges of moral considerability and concern. The marginalization of humans and other species is frequently the pretext for denying their rights, including the rights to health care, to reproductive freedom, and to bodily autonomy. There is broad (...) agreement across cultural and philosophical traditions about the capacities and responsibilities of moral agents. I propose an inclusive and expansive way of thinking about moral status, situating it not in the characteristics or capacities of individuals, but in the responsibilities and obligations of moral agents. Moral agents, under this view, are not privileged or entitled to special treatment but rather have responsibilities. I approach this by considering some African communitarian conceptions of moral status and moral agency. I propose that moral agency can also be more expansive and include not just individual moral agents but collective entities that have some of the traits of moral agents: power, freedom, and the capacity to recognize and act on the demands of morality and acknowledge and respect the rights of others. Expanding who and what is a moral agent correspondingly extends moral responsibility for respecting rights and fostering the conditions for the health and well-being of humans and animals onto the collective entities who uniquely have the capacity to attend to global-scale health threats such as pandemics and human-caused climate change. (shrink)

In recent years, there has been an increasing interest in the development of well-founded conceptual models for Service Management, Accounting Information Systems and Financial Reporting. Economic ex- changes are a central notion in these areas and they occupy a prominent position in frameworks such as the Resource-Event Action (REA) ISO Standard, service core ontologies (e.g., UFO-S) as well as financial stan- dards (e.g. OMG’s Financial Industry Business Ontology - FIBO). We present a core ontology for economic exchanges inspired by a (...) recent view on this phenomenon. According to this view, economic exchanges are based on an agreement on the actions that the agents are committed to perform. This view enables a unified treatment of economic exchanges, regardless the object of the transaction. We ground our core ontology on the Unified Foundational Ontology (UFO), discussing its formal and conceptual aspects, instantiating it as a reusable OntoUML model, and confronting it with the REA standard and the UFO-S service ontology. (shrink)

In The Stubborn System of Moral Responsibility (2015), Bruce Waller sets out to explain why the belief in individual moral responsibility is so strong. He begins by pointing out that there is a strange disconnect between the strength of philosophical arguments in support of moral responsibility and the strength of philosophical belief in moral responsibility. While the many arguments in favor of moral responsibility are inventive, subtle, and fascinating, Waller points out that even the most ardent supporters of moral responsibility (...) acknowledge that the arguments in its favor are far from conclusive; and some of the least confident concerning the arguments for moral responsibility—such as Van Inwagen—are most confident of the truth of moral responsibility. Thus, argues Waller, whatever the verdict on the strength of philosophical arguments for moral responsibility, it is clear that belief in moral responsibility—whether among philosophers or the folk—is based on something other than philosophical reasons. -/- He goes on to argue that there are several sources for the strong belief in moral responsibility, but the following four are particularly influential: First, moral responsibility is based in a powerful “strike back” emotion that we share with other animals. Second, there is a deep-rooted “belief in a just world”—a belief that, according to Waller, most philosophers reject when they consciously consider it, but which has a deep nonconscious influence on what we regard as just treatment and which provides subtle (but mistaken) support for belief in moral responsibility. Third, there is a pervasive moral responsibility system—extending over criminal justice as well as “common sense”—that makes the truth of moral responsibility seem obvious, and makes challenges to moral responsibility seem incoherent. Finally, there is the enormous confidence we have in the power of reason, which mistakenly leads us to believe that our conscious, rational, and critically reflective selves are constantly guiding our behavior in accordance with our deep values. -/- In these comments, I would like to discuss the many points of agreement I have with Waller, providing along the way additional fuel for his skeptical fire (i.e., his moral responsibility skepticism and his skeptical analysis of the source of our strong belief in moral responsibility). I will also discuss, however, my one main point of disagreement—i.e., his desire to preserve the conception of free will. Waller believes free will can “flourish” in the absence of moral responsibility (see Ch.8), while I maintain they that the variety of free will that is of central philosophical and practical importance is the sort required for moral responsibility in a particular but pervasive sense. This sense of moral responsibility is set apart by the notion of basic desert and is purely backward-looking and non-consequentialist (see Pereboom 2001, 2014; Caruso and Morris, forthcoming). Understood this way, the sort of free will at issue in the historical debate is a kind of power or ability an agent must possess in order to justify certain kinds of desert-based judgments, attitudes, or treatments in response to decisions or actions that the agent performed or failed to perform. (shrink)

Rules of origin (ROO) are pivotal element of the Greater Arab Free Trade Area (GAFTA). ROO are basically established to ensure that only eligible products receive preferential tariff treatment. Taking into consideration the profound implications of ROO for enhancing trade flows and facilitating the success of regional integration, this article sheds light on the way that ROO in GAFTA are designed and implemented. Moreover, the article examines the extent to which ROO still represents an obstacle to the full implementation (...) of GAFTA. In addition, the article provides ways to overcome the most important shortcomings of ROO text in the agreement and ultimately offering possible solutions to those issues. Bashar H. Malkawi and Mohammad I. El-Shafie. (shrink)

This is a study of the treatment of library patron privacy in licenses for electronic journals in academic libraries. We begin by distinguishing four facets of privacy and intellectual freedom based on the LIS and philosophical literature. Next, we perform a content analysis of 42 license agreements for electronic journals, focusing on terms for enforcing authorized use and collection and sharing of user data. We compare our findings to model licenses, to recommendations proposed in a recent treatise on (...) licenses, and to our account of the four facets of intellectual freedom. We find important conflicts with each. (shrink)

The purpose of this study was to determine the attitudes, expectations, experiences, and barriers that physicians in Tripoli hospitals experienced when working alongside Clinical Pharmacists (CPs). A descriptive self-administered questionnaire was used for the study, and participants were selected from several Tripoli hospitals. Most of the respondents agreed that CPs are an essential part of patient care teams and that they have the legal authority to review a patient's medication regimen and response. More than half of respondents believe CPs must (...) be responsible for the medications they prescribe to patients. Half of the respondents agreed that CPs should be encouraged to play a more active role in hospitals and other healthcare facilities. The majority of participants agreed that CPs should participate in managing drug side effects and almost half agreed that CPs can contribute to decisions about drug interactions. By a low agreement rate, 42.7% of respondents thought CPs were specially qualified to counsel patients on drug therapy. A similar low trend was observed, with 40.9% agreeing to provide pharmacists with additional responsibility and authority in clinical departments, in contrast, 54.5% expressed their concern about the clinical responsibility of CPs in clinical practice. A minority of physicians agreed that Physicians should consult pharmacists in selecting the best pharmacological treatment. At the same time, the majority think that pharmacists lack clinical skills and 61.8% feel that physicians are unable to communicate effectively with CPs. 43.6% acknowledged that the traditional opposition between the two professions was a barrier to interprofessional collaboration while the absence of pharmacy space in clinical settings was cited by 39.1%. A majority of respondents agreed that physicians and pharmacists may improve their interprofessional collaboration by raising their awareness about it. A minority of respondents thought that laws and regulations governing physician collaboration should be put in place to promote effective collaboration between physicians and CPs. The study discovered that although most physicians endorse the introduction of clinical pharmacy services in hospitals and believe that physicians and pharmacists can collaborate on many tasks, respondents were not as impressed with the CPs' performance and believed that they lacked the professionalism required to carry out clinical responsibilities successfully. To facilitate the growth of clinical pharmacy services, laws and regulations must be put in place. (shrink)

The purpose of this paper is to briefl y examine one of the fundamental assumptions made in contemporary liberal political philosophy, namely that persons are free and equal. Within the contemporary liberal political thought it would be considered very uncontroversial and even trivial to claim something of the following form: “persons are free and equal” or “people think of themselves as free and equal”. The widespread nature of this assumption raises the question what justifies this assumption, are there good reasons (...) for holding it? After establishing some methodological remarks, including a distinction between having freedom-equality and being free-equal and restricting the domain of discussion to include only a subset of all moral questions, namely the questions of political morality, the paper deals with some conceptual issues concerning this assumption of persons as free and equal, such as how do free-and-equal-making properties relate to person-making properties. It then moves on to examine three broad ways the free-and-equal-mak-ing properties could be established. First, necessary property approaches, which take some necessary feature of persons to be what makes them free and equal (e.g. possessing an immortal soul). Second, contingent property approaches, which take some contingent feature of persons to be what makes them free and equal (e.g heir practise of reasoning). Third, agreement based approaches, which take some agreement or contract among persons to be the basis for their being free and equal (e.g. evolutionary emergence of our treatment of others). Strengths and weaknesses of all approaches will be examined. (shrink)

Within siting literature there is strong agreement that compensation for environmental risks is a necessary condition for local acceptance of waste treatment facilities. In-kind compensation is commonly pushed forward as being more effective than financial benefits in reducing local opposition. By forcusing on the siting of a sanitary landfill in Santiago, Chile, this paper explores the performance of both types of compensation and relates the analysis to the notion of social norms of exchange. These are understood as being based (...) on three main types of social relations: care, justice and freedom. Whereas monetary compensation is associated with market relations based on freedom and the offer of in-kind compensation to egalitarian relations based on justice, the absence of compensation is linked to fraternal relations based on care. It is argued that in-kind compensation is more acceptable than monetary payments or not compensation because people tend to understand siting conflicts more as matters of justice rather than as matters of freedom or care. (shrink)

In this essay, our goal is to discover science in Martin Heidegger's Introduction to Metaphysics, lecture notes for his 1935 summer semester course, because, after all, his subject is metaphysica generalis, or ontology, and this could be construed as a theory of the human brain. Here, by means of verbatim quotes from his text, we attempt to show that indeed these lectures can be viewed as suggestion for an objective scientific theory of human perception, the human capacity for deciphering phenomena, (...) ie. hermeneutics in its broadest sense. His added notes from the 1953 edition, all of which are comments, not corrections, imply that he never abandoned these thoughts on metaphysics, despite all of his utterances about a need to overcome it, and their popular interpretations to that effect. In his presentation, he further develops the colorful and intuitive style, an hermeneutic language, that he had created in his earlier work Being and Time. Of human existence he speaks in such expressions as being-there -- ``Dasein" -- and being-in-the-world, the latter term no longer explicit in the 1935 lectures. The lectures can be read as a pre-scientific analysis of how man, being-there, perceives his environment, artfully managing to deal with the manifold challenges posed by the phenomenal structures of the universe. Man attentively recognizes and deciphers their pre-linguistic contents and, while trying to make sense of it all, puts into words his awareness. There are numerous passages in Heidegger's work where he in fairly concrete terms provides us with hints for a perceptive science that, as it turns out and is demonstrated below in this essay, can be explained in terms of recent advances in neuroscience. It would be implausible, even unthinkable, unimaginable, for there not to be found essential agreement between on one hand his philosophical insights gained by hermeneutics of Dasein, into how our brain functions to let us know what's happening & on the other hand, scientific discoveries obtained through anatomy, EEG, fMRI, TMS, electrode implants, etc, of brain structures & functions employed in perception of the momentary scene. A nexus between science and philosophy is provided in Heidegger's definitive treatment of the Logos, here interpreted as a structural version of Platonic forms (Burchard, 2014). This allows for neurolinguistic brain functions to serve as meta-context for Heidegger's being-in-the-world. The logical functions of Dasein's anatomical brain are performed by the logos machine, formerly the human soul, using top-down processing based on a global context, the noumenal cosmos which humans maintain internally. Heidegger's 1942/43 winter semester lectures Parmenides extend in unbroken fashion his 1935 work, proving that he never abandoned, as is widely claimed, his metaphysical avenue of thought. (shrink)

One of the ways in which Plato has captured the popular imagination is with the claim that the philosopher can feel erôs, passionate love, for the objects of knowledge. Why should Plato make this claim? In this chapter, I explore Plato’s treatment of philosophical erôs along three dimensions. First, I consider the source of philosophical erôs. I argue that it is grounded in our mortality and imperfection, which give rise to a desire for immortality and the immortal. Second, I (...) turn to the object of philosophical erôs. I suggest that it is an arresting response to beauty, through which we come to value the ideal properties of the forms. Finally, I address the nature of erôs. I claim that it is a focusing desire, that overrides other concerns and causes us to overwhelmingly focus on its object. I conclude the chapter by considering the problem Vlastos famously raises for Plato’s account of erôs: can it do justice to disinterested, interpersonal love? In agreement with Vlastos, I claim that one who comes to grasp the forms will cease to feel interpersonal love; however, I also suggest that erôs can give rise to philia, beneficent concern with the wellbeing of others. (shrink)

The legacy of the Platonic dialogues may well lie, not in any classical idealist “doctrine of forms,” but in an inquisitive stance towards the puzzle behind any such doctrine—how thought can be about anything at all. This Platonic puzzle may, however, yield a different guise of idealism that is recognizably diagnostic: it aims to dispel our worry about thought’s objectivity as a confusion, engendered by a self-alienation of thought. These themes of diagnosis and idealism resurface in Wittgenstein, who in his (...) treatment of rules calls for an understanding of thought’s normativity from within. This is taken up by Cora Diamond, who urges philosophy to attend to thought’s real needs by exorcizing any desire for agreement with something other than itself. I argue that Wittgenstein and Diamond lead us back to Kant’s idealism, which identifies transcendental realism as the deep-seated prejudice at the root of the puzzle. (shrink)

Jordan acceded to the WTO in 1999. In its accession Jordan agreed, for example, to reduce tariffs on imported products and open its services market; it also modified its intellectual property regime. Jordan enjoyed special and differential treatment in few areas and was not able to designate olive oil as a good eligible for special safeguards. The WTO agreements required fundamental changes in the domestic laws and regulations of Jordan. The article concludes by arguing that Jordan’s accession to (...) the WTO was a lengthy and costly process. Jordan agreed to an arduous package of legal and economic reforms. Given that Jordan agreed to greater commitments compared to the obligations of the original WTO members, the multilateral trading system witnessed an accession saga. (shrink)

‘Dumping’ is a practice in international trade whereby a product is introduced into the commerce of another country at less than its ‘normal value,’ which might cause or threaten material injury to the domestic industry of the importing country. To address the practice of dumping and provide rules to deal with it, the World Trade Organization (WTO) adopted the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (1994), known as the Anti-Dumping Agreement (ADA). -/- (...) The ADA sets out anti-dumping investigation procedures that importing countries must follow if they wish to impose anti-dumping measures, which are determined by comparing the normal value and the export price of the goods in question. However, not all countries are treated equally under these arrangements. Countries that are non-market economies (NMEs) are accorded special treatment provided by specific rules, including the option for investigating authorities to resort to surrogate prices in a third country for the purpose of establishing normal value. This application of surrogate prices is referred to as ‘NME treatment’. In the absence of an internationally recognised definition of an NME, each WTO Member has adopted its own definition and/or a list of NMEs. Vietnam, a WTO Member whose economy is moving from being centrally planned to being market-based, is considered an NME by both the United States (US) and the European Union (EU). This research investigates whether the non-market economy status of NMEs such as Vietnam disadvantages exporters in anti-dumping investigations and proceedings. The research analyses legal, procedural and other issues relating to the non-market economy status of NMEs in general and Vietnam in particular, in anti-dumping investigations and proceedings conducted by the US and the EU. The research uses a qualitative methodology design, by which data was collected primarily using desk-based study, supplemented by interviews with anti-dumping experts, Vietnamese exporters and government officials. It involves the examination of international law pertaining to anti-dumping, the US and EU anti-dumping laws and investigation procedures, analysis of the WTO anti-dumping dispute settlement procedures and related jurisprudence, as well as the analysis of Vietnam’s transition to a market economy. -/- The research has found that both the US and EU treat Vietnam as a NME and have developed their own specific methodologies for anti-dumping investigations on exports from Vietnam. Furthermore, it highlights the wide discretion of the US and the EU under their domestic laws in many stages of anti-dumping investigations. -/- The findings also show that the WTO Dispute Settlement Body generally considers the US and the EU practices to be consistent with the ADA provisions. However, certain US and EU practices were found to be inconsistent with the ADA, including ‘zeroing’, limited examination, surrogate country selection, and the imposition of the ‘entity-wide rate.’ Further, by applying these practices, investigating authorities might establish unpredictable normal values that may inflate the estimated dumping margins and ultimately lead to the imposition of a higher than appropriate anti-dumping duty. The analysis concludes that the NME status of countries such as Vietnam disadvantages them when facing claims of dumping. Finally, this thesis provides recommendations for Vietnamese exporters that will serve to improve their competence as defendants/respondents in anti-dumping investigations and proceedings and more effectively demonstrate the degree to which their operations are based on market-based principles. Recommendations are also provided to the Vietnam Government on ways in which it can support Vietnamese exporters in anti-dumping investigations and proceedings. (shrink)

Induced abortion continues to be a subject of ethical and moral debates, with the hope that reaching an agreement on what is deemed morally permissible will guide how the society ought to respond by legislating appropriate legal guidelines. The aim of this essay is to examine who constitutes moral privileges in society and more specifically, the criterion on which membership in the moral community is granted. In this paper, I will argue that membership to the human race is not in (...) itself a well supported proposition for accessing moral privileges, but rather, there must be a criterion which forms the basis of this differential treatment. I will endeavour to show that whatever this criterion is set to be, there will be a stage during pregnancy where the fetus will lack that attribute. It is by this deductive reasoning I will demonstrate that terminating pregnancy, before the fetus fulfills the criterion required for gaining moral privileges, is morally permissible. Holding any philosophical position on the debate inherits the burden to reason how that view will be translated in determining the legal status of abortion. For this, I will demonstrate how it follows that different rational individuals can have varying criterion for determining access to moral community, all of which must be respected by the legal practice. The only way to legally respect these gradation of criteria, and by extension the individual who sets them, is by making all cases of abortion legally permissible. (shrink)

John Tomasi's new book, Free Market Fairness, has been well-received as "one of the very best philosophical treatments of libertarian thought, ever" and as a "long and friendly conversation between Friedrich Hayek and John Rawls—a conversation which, astonishingly, reaches agreement". The book does present an authoritative state-of-the-debate across the spectrum from right-libertarianism on the one side to high liberalism on the other side. My point is not to question where Tomasi comes down with his own version of "market democracy" as (...) a remix of Hayek and Rawls. My point is to use his sympathetic restatements of views across the liberal spectrum to show the basic misframings and common misunderstandings that cut across the liberal-libertarian viewpoints surveyed in the book. As usual, the heart of the debate is not in the answers to carefully framed questions, but in the framing itself. (shrink)

We investigate adverbial agreement in Sandəmarkesə (S. Marco in Lamis, Apulia) proposing phase-bound, local agreement relations, reducible to coordination, as in past and absolute participial constructions, suggesting a copulaless analysis where arguments are subjects in a small clause. With disjunct nominals with matching φ-features, the adverb agrees separately with each part in the set, otherwise resulting in ‘non-agreeing’ forms, which we test also with negative polarity items (niʃun-, ‘nobody’ and nentə, ‘nothing’). With fragment answers, the negation scopes over adverbs agreeing (...) with the two proposed topics: matching of the φ-features of both nouns values the negative operator with the same features. In fronted adverbs, agreement occurs when the question contains overt coordinated arguments, elements continuing a chain, and if coordinated arguments have matching φ-features. In agreement in topical contexts with fronted adverbs, agreement occurs with the aboutness-shift topic closely preceding them, rather than with the embedded direct object. (shrink)

Standard models in epistemic game theory make strong assumptions about agents’ knowledge of their own beliefs. Agents are typically assumed to be introspectively omniscient: if an agent believes an event with probability p, she is certain that she believes it with probability p. This paper investigates the extent to which this assumption can be relaxed while preserving some standard epistemic results. Geanakoplos (1989) claims to provide an Agreement Theorem using the “truth” axiom, together with the property of balancedness, a significant (...) relaxation of introspective omniscience. I provide an example which shows that Geanakoplos’s statement is incorrect. I then introduce a new property, local balancedness, which allows us both to correct Geanakoplos’s result, and to extend it to cases where the truth axiom may fail. I exploit this general Agreement Theorem to provide novel epistemic conditions for correlated and Nash equilibrium, both of which relax the assumption of introspective omniscience. In all three cases, the results are also extended to infinite state spaces. (This is Chapter 5 of my 2014 Oxford DPhil (PhD) thesis.). (shrink)

In the literature on philosophical progress it is often assumed that agreement is a necessary condition for progress. This assumption is sensible only if agreement is a reliable sign of the truth, since agreement on false answers to philosophical questions would not constitute progress. This paper asks whether agreement among philosophers is (or would be) likely to be a reliable sign of truth. Insights from social choice theory are used to identify the conditions under which agreement among philosophers would be (...) a reliable indicator of the truth, and it is argued that we lack good reason to think that philosophical inquiry meets these conditions. The upshot is that philosophical agreement is epistemically uninformative: agreement on the answer to a philosophical question does not supply even a prima facie reason to think that the agreed-upon view is true. However, the epistemic uninformativeness of philosophical agreement is not an indictment of philosophy's progress, because philosophy is valuable independent of its ability to generate agreement on the correct answers to philosophical questions. (shrink)

Typical agreements can be seen as joint decisions, inherently involving obligations of a distinctive kind. These obligations derive from the joint commitment' that underlies a joint decision. One consequence of this understanding of agreements and their obligations is that coerced agreements are possible and impose obligations. It is not that the parties to an agreement should always conform to it, all things considered. Unless one is released from the agreement, however, one has some reason to conform to (...) it, whatever else is true. In this sense, one is under an obligation to the other parties. The relevance of these points to the issue of political obligation is discussed. (shrink)

Some recent work in formal epistemology shows that “witness agreement” by itself implies neither an increase in the probability of truth nor a high probability of truth—the witnesses need to have some “individual credibility.” It can seem that, from this formal epistemological result, it follows that coherentist justification (i.e., doxastic coherence) is not truth-conducive. I argue that this does not follow. Central to my argument is the thesis that, though coherentists deny that there can be noninferential justification, coherentists do not (...) deny that there can be individual credibility. (shrink)

This paper offers a critical survey and analysis of empirical studies on creativity, with emphasis on how imagination plays a role in the creative process. It takes as a foil the romantic view that, given features like novelty, incubation, and insight, we should be skeptical about the prospects for naturalistic explanation of creativity. It rebuts this skepticism by first distinguishing stages or operations in the creative process. It then works through various behavioral and neural studies, and corresponding philosophical theorizing, that (...) concern the preparation, generation, insight, and evaluation stages of creative processes. The result is not a complete explanation of creativity, but it identifies an explanatory path towards such an explanation, including the features of creativity that motivate that skepticism. (shrink)

Stanley Cavell’s account of aesthetic judgment has two components. The first is a feeling: the judge has to see, hear, ‘dig’ something in the object being judged, there has to be an ‘emotion’ that the judge feels and expresses. The second is the ‘discipline of accounting for [the judgment]’, a readiness to argue for one’s aesthetic judgment in the face of disagreement. The discipline of accounting for one’s aesthetic judgments involves what Nick Riggle has called a norm of convergence: the (...) judge aims to get one’s audience to taste see or hear what the judge tastes or sees or hears in the object being judged. Because of the unmistakable difficulty in reaching agreement in aesthetic judgment, Riggle has denied that aesthetic judgment requires a convergence norm and has proposed instead that it requires ‘a kind of harmony of individuality’ (which Riggle calls ‘vibing’). We argue that Cavell offers a version of the convergence norm that is distinct from those that Riggle criticizes, namely Kant’s demand for agreement and Andy Egan’s presupposition of similarity in dispositions in ‘non-defective’ aesthetic conversations. Cavell’s version of the convergence norm is ‘the hope of agreement’. One can hope that one’s audience will agree with one’s aesthetic judgments even when one isn’t in a position to demand agreement or to presuppose similarity in the dispositions that would make agreement more likely. Cavell’s distinct convergence norm avoids Riggle’s criticisms and contributes to a richer account of what’s going on when we disagree about aesthetic matters. (shrink)

This article argues, first, that there is plenty of agreement among philosophers on philosophically substantive claims, which fall into three categories: reasons for or against certain views, elementary truths regarding fundamental notions, and highly conditionalized claims. This agreement suggests that there is important philosophical progress. It then argues that although it's easy to list several potential kinds of philosophical progress, it is much harder to determine whether the potential is actual. Then the article attempts to articulate the truth that the (...) deniers of philosophical progress are latching on to. Finally, it comments on the significance of the agreement and progress. (shrink)

When do we agree? The answer might once have seemed simple and obvious; we agree that p when we each believe that p. But from a formal epistemological perspective, where degrees of belief are more fundamental than beliefs, this answer is unsatisfactory. On the one hand, there is reason to suppose that it is false; degrees of belief about p might differ when beliefs simpliciter on p do not. On the other hand, even if it is true, it is too (...) vague; for what it is to believe simpliciter ought to be explained in terms of degrees of belief. This paper presents several possible notions of agreement, and corresponding notions of disagreement. It indicates how the findings are fruitful for the epistemology of disagreement, with special reference to the notion of epistemic peerhood. (shrink)

The number of police departments carrying Narcan keeps increasing at a fast pace throughout the U.S., as it is considered an effective measure to fight the opioid epidemic. However, there have been strong oppositions to the idea of the police Narcan use. Still, in 2018, the nation is debating about it. Though not clearly visible to the public, there are important ethical arguments against the police Narcan use which necessarily involve understanding of the ethical roles and responsibilities of police (...) as the law enforcement agency and apprehension of the moral status of a non-therapeutic opioid use. The authors of the paper investigate, primarily, the existing ethical controversies surrounding the police Narcan use while touching upon the issue of the decriminalizing drug policy in the U.S. The authors conclude that the police can carry and administer Narcan without self-contradiction and that the policymakers’ investigation on the drug decriminalization policy should begin with the understanding of the “common morality” of the American public, the ethical view shared and practiced by the greatest number of people. (shrink)

This paper proposes that the question “What should I believe?” is to be answered in the same way as the question “What should I do?,” a view I call Equal Treatment. After clarifying the relevant sense of “should,” I point out advantages that Equal Treatment has over both simple and subtle evidentialist alternatives, including versions that distinguish what one should believe from what one should get oneself to believe. I then discuss views on which there is a distinctively (...) epistemic sense of should. Next I reply to an objection which alleges that non-evidential considerations cannot serve as reasons for which one believes. I then situate Equal Treatment in a broader theoretical framework, discussing connections to rationality, justification, knowledge, and theoretical vs. practical reasoning. Finally, I show how Equal Treatment has important implications for a wide variety of issues, including the status of religious belief, philosophical skepticism, racial profiling and gender stereotyping, and certain issues in psychology, such as depressive realism and positive illusions. (shrink)

One of the most important theories in linear programming is the dualistic theory and its basic idea is that for every linear model has dual linear model, so that solving the original linear model gives a solution to the dual model. Therefore, when we solving the linear programming model, we actually obtain solutions for two linear models. In this research, we present a study of the models. The neutrosophic dual and the binary simplex algorithm, which works to find the optimal (...) solution for the original and dual models at the same time. The importance of this algorithm is evident in that it is relied upon in several operations research topics, such as integer programming algorithms, some nonlinear programming algorithms, and sensitivity analysis in linear programming. (shrink)

Most work at the intersection of law and the philosophy of action focuses on criminal responsibility. Unfortunately, this focus has been at the expense of reflecting on how the philosophy of action might help illuminate our understanding of issues in civil law. In this essay, focusing on Anglo-American jurisprudence, we examine the conditions under which a party to a legal agreement is deemed to have the capacity required to be bound by that agreement. We refer to this condition as the (...) capacity condition. We begin by showing how recent work on the metaphysics of powers might ground an account of the role of capacities in the metaphysics of intentional agency. After discussing the capacity to contract in Anglo-American jurisprudence, we show how the general ontology of capacities and agency sketched can ground and help clarify legal thinking about capacity. We argue that when we couple our understanding of capacity with relevant recent data from developmental neuropsychology, a lacuna in Anglo-American contract law becomes evident. Specifically, it appears that persons in early adulthood do not clearly satisfy the conditions requisite for them to satisfy the capacity condition. In the light of this, we sketch some potential solutions that are compatible with existing legal standards and would contribute to a more consistent application of the capacity condition in contract law. (shrink)

In this paper, which discusses data from Gargano Apulian Italo-Romance, I propose that prepositional and non-prepositional genitives are fundamentally two different types of phrases, and that the interpretation of a non-prepositional noun as the possessor is not due to a silent preposition or head-modifier inversion, but rather to an agreement mechanism taking place between the modifier and its head. We propose that, just as a genitive can agree with its head for gender and number features so it can for definiteness, (...) and that agreement for definiteness yields a genitival interpretation of the non-prepositional noun. I.e., definiteness can externalize the syntactic relation between head and modifier. We also propose that in this Apulian variety, non-prepositional genitives are syntactic phases (Chomsky 2001), and that the same holds for non-prepositional ‘qualitative’ predicative phrases in the same language. This would explain the impossibility of accessing the phrase through syntactic operations such as extraction. DOI 10.1111/1467-968X.12229 . (shrink)

Sentences containing definite descriptions, expressions of the form ‘The F’, can be formalised using a binary quantifier ι that forms a formula out of two predicates, where ιx[F, G] is read as ‘The F is G’. This is an innovation over the usual formalisation of definite descriptions with a term forming operator. The present paper compares the two approaches. After a brief overview of the system INFι of intuitionist negative free logic extended by such a quantifier, which was presented in (...) (Kürbis 2019), INFι is first compared to a system of Tennant’s and an axiomatic treatment of a term forming ι operator within intuitionist negative free logic. Both systems are shown to be equivalent to the subsystem of INFι in which the G of ιx[F, G] is restricted to identity. INFι is then compared to an intuitionist version of a system of Lambert’s which in addition to the term forming operator has an operator for predicate abstraction for indicating scope distinctions. The two systems will be shown to be equivalent through a translation between their respective languages. Advantages of the present approach over the alternatives are indicated in the discussion. (shrink)

From the traditionalist position on international law, a new form of compact agreement, which cannot be classified as an international treaty in terms of academic framework, had long fueled much of contention in politics, international law, and constitutional law. A growing practice of compact agreement had been natural as corresponding with the global compression of international community and rising aspiration of peace regime on the international relations. The scholars of international law believe that, regardless of whether the President of the (...) United States is an internationalist or an isolationist, the enactment of international law in the 21st century will be based on more pragmatic rather than formal criteria. It is still true whether or not he is willing to accept or escape the international obligations so that we can more realistically share the powers conferred by the Constitution. On the other hand, a constitutional controversy on somewhat mushy yet sophisticated issues on the compact agreements began with the Laurence Tribe's acrimonious criticism in 1990. He argues that a procedure between Congress and the executive branch for the Clinton administration's accession to the North American Free Trade Agreement(NAFTA) is unconstitutional. His criticism pointed out that the NAFTA is unconstitutional since it is contrary to the text and structure of the Constitution. On the other hand, scholars of political science believe that, while a politics is termed as the distribution of values, the new form of compact agreement serves connecting the domestic and international politics as a living organism and must be affirmed from the standpoint of parliamentary politics. The political scientists argue on the necessity and inevitability of a new form of international agreement as pursuant to the nature of political process on informal procedures and parliamentary practices. In respect of the theoretical controversy, the paper is devoted to survey what the new form of compact agreement is, what types we can identify and explore the theoretical contest among the disciplines. As the dealings of paper attempt to touch on the core of scholarly assertions as fundamental and philosophical, the endeavor could inculcate the mind of international lawyers within and outside the government by providing a better framework to understand the specific real-world issues. The perception and rationale for the new form of international agreement should differ varying with their academic disciplines from which their thought stems from. The paper ends with implications within the grand scale of jurisprudence. (shrink)

Schizophrenia is often associated with other physical and mental problems. Generalized anxiety disorder is notably one of the comorbid disorders which is often linked to schizophrenia. The association of polythematic delusions and of ideas resulting from generalized anxiety disorder complicates the exercise of the corresponding cognitive therapy, for the resulting ideas are most often inextricably intertwined. In what follows, we endeavour to propose a methodology for the differential treatment of polythematic delusions inherent to schizophrenia when combined with ideas originating (...) from generalized anxiety disorder. We propose, with regard to the corresponding content of delusions, an analysis which allows under certain conditions, to separate the content associated with polythematic delusions and the one that relates to generalized anxiety disorder, in order to facilitate the exercise of the corresponding cognitive therapy. (shrink)

Coherentists on epistemic justification claim that all justification is inferential, and that beliefs, when justified, get their justification together (not in isolation) as members of a coherent belief system. Some recent work in formal epistemology shows that “individual credibility” is needed for “witness agreement” to increase the probability of truth and generate a high probability of truth. It can seem that, from this result in formal epistemology, it follows that coherentist justification is not truth-conducive, that it is not the case (...) that, under the requisite conditions, coherentist justification increases the probability of truth and generates a high probability of truth. I argue that this does not follow. (shrink)