The Negligence Standard: Political Not Metaphysical

Medical negligence: who sets the standard?

'The law imposes the duty of care: but the standard of care is a matter of medical judgment'. So says Lord Scarman, outlining the hitherto accepted 'Bolam' standard, in his recent speech in the House of Lords decision of Sidaway v Bethlem Royal Hospital, reflecting earlier judicial dicta suggesting that it is for the medical profession rather than the courts to determine whether or not a medica...

A Comparative Study of the Metaphysical Basis of Ancient Iran-China Political Approach

Considering the cosmology with mythological form of consciousness era as the primary base of metaphysical form and the basis of development toward an integrated cosmology, political ideas has been placed in an organic link with a metaphysical system in the ancient Persians as well as Chinese political thought. Based on considerable similarities among cosmological systems in civilizations e.g....

Informed consent in Pennsylvania--the need for a negligence standard.

Heterogeneous physicians, imperfect courts, and the negligence standard

Type 1 and 2 errors of courts deciding in medical malpractice trials a¤ect the physicians’provision of care. The paper at hand uses a principal-agent model to explain why uncertain liability prospects induce a welfare reducing separated equilibrium where altruistic physicians practice defensive medicine and sel…sh physicians act negligently. By minimizing the loss of welfare, it identi…es an op...

‘Race’: Normative, Not Metaphysical or Semantic*

In recent years, there has been a flurry of work on the metaphysics of race. While it is now widely accepted that races do not share robust, biobehavioral essences, opinions differ over what, if anything, race is. Recent work has been divided between three apparently quite different answers. A variety of theorists argue for racial skepticism, the view that races do not exist at all. A second gr...