Char et al. aspire to provide “a systematic approach to identifying … ethical concerns” around machine learning healthcare applications, which includes artificial intelligence and...

Extracorporeal membrane oxygenation (ECMO) is typically viewed as a time-limited intervention—a bridge to recovery or transplant—not a destination therapy. However, some patients with decision-making capacity request continued ECMO support despite a poor prognosis for recovery and lack of viability as a transplant candidate. In response, critical care teams have asked for guidance regarding the ethical permissibility of unilateral withdrawal over the objections of a capacitated patient. In this article, we evaluate several ethical arguments that have been made in favor of (...) withdrawal, including distributive justice, quality of life, patients’ rights, professional integrity, and the Equivalence Thesis. We find that existing justifications for unilateral withdrawal of ECMO support in capacitated patients are problematic, which leads us to conclude that either: (1) additional ethical arguments are necessary to defend this approach or (2) the claim that it is not appropriate to use ECMO as a destination therapy should be questioned. (shrink)

In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other (...) respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law. (shrink)

This article offers an understanding of the law of negligence which explains its concern with both interpersonal justice and community welfare. It argues that close attention to the structure of the duty of care inquiry and the reasoning in duty cases suggests that the law of negligence has an underlying community welfare purpose, but that purpose is not to be found in notions of deterrence, compensation or the improvement of standards of behaviour. The community welfare purpose underlying the law of (...) negligence must be one that is more directly served by doing interpersonal justice. The best available explanation is that the law of negligence functions to maintain civil peace by providing an avenue of recourse for certain interpersonal wrongs. This analysis explains why the duty inquiry focuses primarily on considerations of interpersonal justice but, like other private law doctrines, also attends to the community welfare effects of imposing liability. (shrink)

This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences (...) that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration. (shrink)

Nietzsche, Naturalism, and Normativity, edited by JanawayChristopher and RobertsonSimon. Oxford : Oxford University Press, 2012. Pp. 262.

Is a human more conscious than an octopus? In the science of consciousness, it’s oftentimes assumed that some creatures (or mental states) are more conscious than others. But in recent years, a number of philosophers have argued that the notion of degrees of consciousness is conceptually confused. This paper (1) argues that the most prominent objections to degrees of consciousness are unsustainable, (2) examines the semantics of ‘more conscious than’ expressions, (3) develops an analysis of what it is for a (...) degreed property to count as degrees of consciousness, and (4) applies the analysis to various theories of consciousness. I argue that whether consciousness comes in degrees ultimately depends on which theory of consciousness turns out to be correct. But I also argue that most theories of consciousness entail that consciousness comes in degrees. (shrink)

This paper examines the idea of "objective phenomenology," or a way of understanding the phenomenal character of conscious experiences that doesn’t require one to have had the kinds of experiences under consideration. My central thesis is that structural facts about experience—facts that characterize purely how conscious experiences are structured—are objective phenomenal facts. I begin by precisifying the idea of objective phenomenology and diagnosing what makes any given phenomenal fact subjective. Then I defend the view that structural facts about experience are (...) objective. I also argue that structural facts about experience, despite being objective, nevertheless still give rise to an explanatory gap. (shrink)

This book offers an exciting re-interpretation of Auguste Comte, the founder of French sociology. Following the development of his philosophy of positivism, Comte later focused on the importance of the emotions in his philosophy resulting in the creation of a new religious system, the Religion of Humanity. Andrew Wernick provides the first in-depth critique of Comte's concept of religion and its place in his thinking on politics, sociology and philosophy of science. He places Comte's ideas in the context of (...) post-1789 French political and intellectual history, and of modern philosophy, especially postmodernism. Wernick relates Comte to Marx and Nietzsche as seminal figures of modernity and examines key features of modern and postmodern French social theory, tracing the inherent flaws and disintegration of Comte's system. Wernick offers original and fascinating insights in this rich study which will attract a wide audience from sociologists and philosophers to cultural theorists and historians. (shrink)

One of the key achievements of critical realism has been to expose the modernist myth of universal reason, which holds that authentic knowledge claims must be objectively ‘pure’, uncontaminated by the subjectivity of local place, specific time and particular culture. Wright aims to address the lack of any substantial and sustained engagement between critical realism and theological critical realism with particular regard to: (a) the distinctive ontological claims of Christianity; (b) their epistemic warrant and intellectual legitimacy; and (c) scrutiny of (...) the primary source of the ontological claims of Christianity, namely the historical figure of Jesus of Nazareth. As such, it functions as a prolegomena to a much needed wider debate, guided by the under-labouring services of critical realism, between Christianity and various other religious and secular worldviews. This important new text will help stimulate a debate that has yet to get out of first gear. This book will appeal to academics, graduate and post-graduate students especially, but also Christian clergy, ministers and informed laity, and members of the general public concerned with the nature of religion and its place in contemporary society. (shrink)

It is difficult for prioritarians to explain the degree to which justice requires redress for misfortune in a way that avoids imposing unreasonably high costs on more advantaged individuals whilst also economising on intuitionist appeals to judgment. An appeal to hypothetical insurance may be able to solve the problems of cost and judgment more successfully, and can also be defended from critics who claim that resource egalitarianism is best understood to favour the ex post elimination of envy over individual endowments.u.

Field theories have been central to physics over the last 150 years, and there are several theories in contemporary physics in which physical fields play key causal and explanatory roles. This paper proposes a novel field trope-bundle (FTB) ontology on which fields are composed of bundles of particularized property instances, called tropes and goes on to describe some virtues of this ontology. It begins with a critical examination of the dominant view about the ontology of fields, that fields are properties (...) of a substantial substratum. (shrink)

In this paper I explore the pedagogical and political shift marked by the meaning and practice of diversity offered through New Labour education policy texts, specifically, the policy and practice of personalized learning (or personalization). The aim of this paper is to map the ways in which diversity relays and mobilizes a set of neoliberal positions and relationships in the field of education and seeks to govern education institutions and education users through politically circulating norms and values. These norms and (...) values, I want to argue, echo and redeem the kinds of frameworks, applications and rationalities typically aligned with modes of neoliberal or advanced liberal governance, e.g. marketization, monetarization, atomization and deregulation. I conclude the paper by considering how diversity in education renders problematic conventional antinomies of the citizen and consumer, public and private, state and civil society, etc., and forces us to confront the rhizomatic character of contemporary governance and education in the era of neoliberalism. (shrink)

Baghdad, California -- Calm down -- Clearing the dust -- Proof -- The big bang -- Evolution -- Evil -- Religion -- A crisis of reason.

In her influential article published in 2016, Alexandra Walsham, Professor of Modern History at the University of Cambridge, coined the metaphor that ‘Archives are the factories and laboratories of the historian’. Traditionally viewed as neutral storehouses of official records passively awaiting historians’ scrutiny, conceptions of archives have expanded in recent decades. Archives are now understood as complex social and cultural entities that actively participate in shaping understandings of the past. This paper examines shifting perspectives on the nature and functions of (...) archives through a critical analysis of key debates. Specifically, this paper adopts a hermeneutic lens to critically engage Walsham’s metaphor and move beyond its potential limitations through situated analysis and interpretation. This paper explores how archives are actively implicated in knowledge construction through their contents, organisational frameworks, and interactions with historians. Recognising archives as fragmented, culturally contingent remnants that mediate engagement with the past, the paper calls for collaborative, reflective approaches between archivists and historians. The paper also acknowledges historians’ subjective interpretive roles while advocating consultation of archivists’ contextual expertise. Ultimately, it advances methodological discussions on writing history through a nuanced appreciation of archives as dynamic mediators within historical research, not transparent conduits neutrally supplying facts. (shrink)

We defend hylomorphism against Maegan Fairchild’s purported proof of its inconsistency. We provide a deduction of a contradiction from SH+, which is the combination of “simple hylomorphism” and an innocuous premise. We show that the deduction, reminiscent of Russell’s Paradox, is proof-theoretically valid in classical higher-order logic and invokes an impredicatively defined property. We provide a proof that SH+ is nevertheless consistent in a free higher-order logic. It is shown that the unrestricted comprehension principle of property abstraction on which the (...) purported proof of inconsistency relies is analogous to naïve unrestricted set-theoretic comprehension. We conclude that logic imposes a restriction on property comprehension, a restriction that is satisfied by the ramified theory of types. By extension, our observations constitute defenses of theories that are structurally similar to SH+, such as the theory of singular propositions, against similar purported disproofs. (shrink)

: Embryonic stem cells, which have the potential to save many lives, must be recovered from aborted fetuses or live embryos. Although tissue from aborted fetuses can be used without moral complicity in the underlying abortion, obtaining stem cells from embryos necessarily kills them, thus raising difficult questions about the use of embryonic human material to save others. This article draws on previous controversies over embryo research and distinctions between intrinsic and symbolic moral status to analyze these issues. It argues (...) that stem cell research with spare embryos produced during infertility treatment, or even embryos created specifically for research or therapeutic purposes, is ethically acceptable and should receive federal funding. (shrink)

In this paper, I treat the question of the meta-axiological standing of Nietzsche's own values, in the service of which he criticizes morality. Does Nietzsche, I ask, regard his perfectionistic valorization of human excellence and cultural flourishing over other ideals to have genuine evaluative standing, in the sense of being correct, or at least adequate to a matter-of-fact? My goal in this paper is modest, but important: it is not to attribute to Nietzsche some sophisticated meta-axiological view, because I am (...) doubtful that he has one. It is, however, to show that Nietzsche's texts do not necessitate the sceptical meta-axiological positions that have been attributed to him in the recent secondary literature. And it is thereby to suggest that we need not give up on the idea that Nietzsche takes the values he champions to have genuine evaluative standing – not because he has some sophisticated realist theory to this effect, but in a more philosophically unreflective way. (shrink)

This overview of 10 years of stem cell controversy reviews the moral conflict that has made ESCs so controversial and how this conflict plays itself out in the legal realm, focusing on the constitutional status of efforts to ban ESC research or ESC-derived therapies. It provides a history of the federal funding debate from the Carter to the Obama administrations, and the importance of the Raab memo in authorizing federal funding for research with privately derived ESCs despite the Dickey-Wicker ban (...) on federal funding of embryo research. It also reviews the role that scientists themselves have played in developing regulations for ESC research, the emergence of ESCROs as special review bodies for ESC research, and the thorough consent requirements for donation of IVF embryos to ESC research. With research now transitioning from the lab to the clinic, the article reviews the challenges of ensuring safety and consent in translational research. It concludes with a call for respecting those persons who have to using or working with ESC products and an account of how obtaining stem cells from a person's own cells will alleviate some but not all of the controversy surrounding ESC research. (shrink)

We discuss the view that a hole is identical to the region of spacetime at which it is located. This view is more parsimonious than the view that holes are sui generis entities located at those regions surrounded by their hosts and it is more plausible than the view that there are no holes. We defend the spacetime view from several objections.

This paper starts by considering an argument for thinking that predictive processing (PP) is representational. This argument suggests that the Kullback–Leibler (KL)-divergence provides an accessible measure of misrepresentation, and therefore, a measure of representational content in hierarchical Bayesian inference. The paper then argues that while the KL-divergence is a measure of information, it does not establish a sufficient measure of representational content. We argue that this follows from the fact that the KL-divergence is a measure of relative entropy, which can (...) be shown to be the same as covariance (through a set of additional steps). It is well known that facts about covariance do not entail facts about representational content. So there is no reason to think that the KL-divergence is a measure of (mis-)representational content. This paper thus provides an enactive, non-representational account of Bayesian belief optimisation in hierarchical PP. (shrink)

Despite his impressive influence on nineteenth-century philosophy, F. A. Trendelenburg's own philosophy has been largely ignored. However, among Kant scholars, Trendelenburg has always been remembered for his feud with Kuno Fischer over the subjectivity of space and time in Kant's philosophy. The topic of the dispute, now frequently referred to as the ?Neglected Alternative? objection, has become a prominent issue in contemporary discussions and interpretations of Kant's view of space and time. The Neglected Alternative contends that Kant unjustifiably moves from (...) the claim that we have a priori intuitions of space and time to the sceptical conclusion that space and time are exclusively subjective. Most current discussions trace the objection back to Trendelenburg and often use him to motivate the objection. However, to date Trendelenburg's actual arguments and reasons for rejecting the Kantian view of space and time have not been sufficiently uncovered; my goal here is to fill this lacuna. By better understanding what Trendelenburg actually argued, we will be in a better position to assess whether the Neglected Alternative objection against Kant is successful. But in addition, Trendelenburg's own system is of independent philosophical interest, and my work here will shed light on one part of it. (shrink)

This paper discusses the idea that trade – the practice of regularised exchange of goods or services between nation-states for mutual advantage under an orchestrated system of rules – can generate moral duties, duties that exist between only participants in the activity. It considers this idea across three duties often cited as duties of trade: duties not to harm; duties to provide certain basic goods; and duties to distribute benefits and burdens fairly. The paper argues that these three duties seem (...) unlikely contenders for duties thought in some sense to supervene on trade, the former two because they seem to exist regardless of the existence of trade and the latter because it seems to apply to a group more widely conceived than to be coherently thought centred on trade. It concludes that, at least across these three duties, it is more plausible to think that they are duties which, although possibly having relevance for how trade is conducted, do not emerge from the practice and are, rather, grounded elsewhere. (shrink)

This article discusses the triage response to the COVID-19 delta variant surge of 2021. One issue that distinguishes the delta wave from earlier surges is that by the time it became the predominant strain in the USA in July 2021, safe and effective vaccines against COVID-19 had been available for all US adults for several months. We consider whether healthcare professionals and triage committees would have been justified in prioritising patients with COVID-19 who are vaccinated above those who are unvaccinated (...) in first-order or second-order triage. Given that lack of evidence for a correlation between short-term survival and vaccination, we argue that using vaccination status during first-order triage would be inconsistent with accepted triage standards. We then turn to notions of procedural fairness, equity and desert to argue that that there is also a lack of justification for using vaccination status in second-order triage. In planning for future surges, we recommend that medical institutions base their triage decisions on principles meant to save the most lives, minimise inequity and protect the public’s trust, which for the time being would not be served by the inclusion of vaccination status. (shrink)

This chapter explores two kinds of testimonial trust, what we call ‘evidential trust’ and ‘non-evidential trust’ with the aim of asking how testimonial trust could provide epistemic reasons for belief. We argue that neither evidential nor non-evidential trust can play a distinctive role in providing evidential reasons for belief, but we tentatively propose that non-evidential trust can in some circumstances provide a novel kind of epistemic reason for belief, a reason of epistemic facilitation. The chapter begins with an extensive discussion (...) of standard accounts of both kinds of trust and criticises especially the standard accounts of non-evidential trust. A new account of non-evidential trust is offered that avoids a number of difficulties that plague the standard accounts by rejecting what we call ‘attitude-liability assumptions’. (shrink)

New uses of preimplantation genetic diagnosis to screen embryos prior to transfer raise ethical, legal, and policy issues that deserve close attention. Extensions for medical purposes, such as to identify susceptibility genes, late onset disease, and human leukocyte antigen matching, are usually ethically acceptable. Whether embryo screening for gender, perfect pitch, or other non-medical characteristics are also acceptable depends upon the parental needs served and the harm posed to embryos, children, and society. Speculations about potential future uses of PGD should (...) not prevent otherwise acceptable current uses of PGD. (shrink)

There is an ever-greater emphasis on the maintenance of professional standards in communication among medical professionals. Much of the focus to date revolves around discourse between patients and families in the clinical arena and reflects standards developed by accrediting agencies and the government. Little has been written about the communication among professionals occurring in the administrative milieu that is largely unseen by those not engaged in the direct provision of or receipt of medical care. That rumours are a part of (...) the interactive discourse is likely not unfamiliar to most in academia. Their potential for damage to the workplace and individuals is very real and requires recognition and in some situations, corporate action. There are options to reduce the likelihood of these kinds of communications and to manage them actively when they occur. What may result is an environment that leads to greater organisational confidence and individual productivity. (shrink)

Critical Realism and Marxism addresses controversial debates, revealing a potentially fruitful relationship; deepening our understanding of the social world and contibuting towards eliminating barbarism in contemporary capitalism.

“Doğal din” terimi, bazen doğanın kendisinin ilahi olduğu bir panteistik doktrine atıfta bulunur. “Doğal teoloji” terimi ise aksine, başlangıçta gözlemlenen doğal gerçekler temelinde (ve bazen) Tanrı’nın varlığını savunmaya yönelik projeye atıfta bulunur. Bununla birlikte çağdaş felsefede, hem “doğal din” hem de “doğal teoloji” genel olarak, dinî veya teolojik konuları araştırmak için insana, “doğal” olan bilişsel yetilerini – akıl, algı, içgözlem- kullanma projesini ifade eder. Doğal din veya teoloji, mevcut anlayış üzerine, doğayla ilgili ampirik araştırmalarla sınırlı olmamakla birlikte ayrıca panteistik bir (...) sonuçla da bağlantılı değildir. Bununla birlikte o, özel doğal olmayan yetilere (ESP, telepati, mistik deneyim) veya doğaüstü bilgi kaynaklarına (kutsal metinler, vahiy teolojisi, inanç otoriteleri, doğrudan doğaüstü iletişim) hitap etmekten kaçınır. Genel olarak, doğal din veya teoloji (bundan böyle “doğal teoloji” olarak anılacaktır), diğer felsefi ve bilimsel girişimlerle aynı rasyonel inceleme standartlarına uymayı amaçlamaktadır ve aynı değerlendirme ve eleştiri yöntemlerine tabidir. (shrink)