Vicente Medina

Physicians, so it will be argued have by virtue of their profession a weightier obligation than patients to disclose their HIV infection, and also have a duty to refrain from performing exposure-prone invasive procedures. This argument supports both the AMA and CDC guidelines on HIV infected health care workers (HCWS), while undermining the recommendations against disclosure suggested by the National Commission on AIDS (NCA). The argument is divided into three parts. First, a distinction is made between entrenched and fuzzy roles. Second, the physician-patient relationship is described as essentially fiduciary rather than businesslike or merely contractual. Third, the conflict between patients' and physicians' right to know is portrayed as one between patients' and physicians' right to life. Last, given the the probability of infection from seropositive patients to seronegative physicians, and, conversely, is roughly the same, it is recommended as a fair social policy that whenever an invasive procedure occurs, both physicians and patients have a duty to disclose any serious infection that may jeopardize their lives.

In this article, it is argued that a significant internal tension exists in John Rawls' political liberalism. He holds the following positions that might plausibly be considered incongruous: (1) a commitment to tolerating a broad right of freedom of political speech, including a right of subversive advocacy; (2) a commitment to restricting this broad right if it is intended to incite and likely to bring about imminent violence; and (3) a commitment to curbing this broad right only if there is a constitutional crisis. By supporting a broad right of freedom of political speech in Political Liberalism, he allows militant intolerant people such as Jihadists, White Supremacists and Neo-Nazis to advocate publicly their dangerously intolerant beliefs. Public advocacy of dangerously intolerant beliefs can be construed as subversive advocacy. As demonstrated by the historical examples of the Weimar Republic and the Second Spanish Republic, militant intolerant groups could use a right of subversive advocacy to threaten the stability of liberal democracies. Hence, by allowing them to exercise a broad right of freedom of political speech, Rawls could jeopardize that which he intends to defend, namely the actual political stability of a liberal democratic order. Lastly, Rawls' conception of ideal constitutional interpretation, which privileges a broad right of freedom of political speech, might be insufficient to deal effectively with the threat posed by militant intolerant groups. Yet a tradition of American constitutional interpretation that balances freedom of speech with other important constitutional and/or political values has overcome a civil war, two world wars, the Cold War and the 9/11 terrorist attacks without abandoning democracy or permanently renouncing those values. Still, Rawls' ideal approach to constitutional interpretation might, in hindsight, help us to understand some of the excesses and deficiencies of American jurisprudence in times of emergency.<br><br><br><br>.

The controversy over the possibility of an indigenous Latin American Philosophy might be understood as dealing with an older question about the nature of philosophy itself: Is the nature of philosophy purely speculative, practical, or both? For the sake of argument, I am using the term “Latin American Philosophy” in a normative sense as referring to social and political philosophy written by Latin Americans to change oppressive conditions and policies affecting their societies. I am assuming that liberation philosophers fall under the above description. Unlike liberationists, I argue that universalist philosophers can present illuminating and hence persuasive arguments for their position. Of course, liberationists might argue that I am begging the question. But if they could successfully demonstrate that I am doing so, they would be compelled to appeal to at least some nonarbitrary principle of adjudication. If they were to do so, they would be supporting rather than undermining my argument in favor of a universalist conception of philosophy.

The polemic was an important cultural event in 19th-century Cuba. From 1838 to 1840, issues of metaphysics, epistemology, ethics, pedagogy, and the influence of Victor Cousin’s eclecticism were discussed in the island’s leading newspapers. A brief historical account preceding the polemic is offered. It is argued that the predominant view of the polemic as motivated by a widespread desire for Cuba’s independence from Spain is misleading — promoting an emancipatory myth. Lastly, it is argued that José de la Luz y Caballero’s appeal to patriotism during the polemic unwittingly established a dangerous precedent for self-appointed guardians of patriotism to condition public debates.