The “Dead Donor Rule” (DDR) is an important injunction shaping the field of organ retrieval and scholarly assessments of specific retrieval practices’ permissibility (e.g., Pasquerella, Smith, and...

Biomedical research and its translation continue to pose normative questions about the nature of relations between researcher and participant and the role of research involving human subjects in so...

This commentary responds to Samuel Director's article “Dementia and Concurrent Consent to Sexual Relations,” in the May‐June 2023 issue of the Hastings Center Report. In the article, Director sets out a set of conditions for sexual consent after one partner in a committed, long‐term relationship develops dementia. While we share Director's view that dementia patients should not be categorically cut off from sexual intimacy, we caution against the use of his approach as a rigid test for allowing sexual activity. Director's (...) analysis does not address the full range of plausibly permissible sexual relationships, which is unfortunate, as intimacy has consistently been linked to physical and psychological well‐being. Moreover, because decisions about sex often carry moral and emotional overtones, we propose that a dementia patient's prior values should sometimes be considered by caregivers in a measured way. (shrink)

About 6,000 individuals participate in the U.S. transplant system as a living organ donor each year. Organ donation by living individuals is a unique procedure, where healthy patients undergo a major surgical operation without any direct functional benefit to themselves. In this article, the authors explore how the ideal of informed consent guides education and evaluation for living organ donation. The authors posit that informed consent for living organ donation is a process. Though the steps in this process are partially (...) standardized through national health policy, they can be improved through institutional structures at the local, transplant center-level. Effective structures and practices aimed at supporting and promoting comprehensive informed consent provide more opportunities for candidates to ask questions about the risks and benefits of living donation and to opt out voluntarily Additionally, these practices could enable new ways of measuring knowledge and improving the consent process. (shrink)

Bayesians take “definite” or “single-case” probabilities to be basic. Definite probabilities attach to closed formulas or propositions. We write them here using small caps: PROB(P) and PROB(P/Q). Most objective probability theories begin instead with “indefinite” or “general” probabilities (sometimes called “statistical probabilities”). Indefinite probabilities attach to open formulas or propositions. We write indefinite probabilities using lower case “prob” and free variables: prob(Bx/Ax). The indefinite probability of an A being a B is not about any particular A, but rather about the (...) property of being an A. In this respect, its logical form is the same as that of relative frequencies. For instance, we might talk about the probability of a human baby being female. That probability is about human babies in general — not about individuals. If we examine a baby and determine conclusively that she is female, then the definite probability of her being female is 1, but that does not alter the indefinite probability of human babies in general being female. Most objective approaches to probability tie probabilities to relative frequencies in some way, and the resulting probabilities have the same logical form as the relative frequencies. That is, they are indefinite probabilities. The simplest theories identify indefinite probabilities with relative frequencies.3 It is often objected that such “finite frequency theories” are inadequate because our probability judgments often diverge from relative frequencies. For example, we can talk about a coin being fair (and so the indefinite probability of a flip landing heads is 0.5) even when it is flipped only once and then destroyed (in which case the relative frequency is either 1 or 0). For understanding such indefinite probabilities, it has been suggested that we need a notion of probability that talks about possible instances of properties as well as actual instances.. (shrink)

The sublime evokes our awe, our terror, and our wonder. Applied first in ancient Greece to the heights of literary expression, in the 18th-century the sublime was extended to nature and to the sciences, enterprises that viewed the natural world as a manifestation of God's goodness, power, and wisdom. In The Scientific Sublime, Alan Gross reveals the modern-day sublime in popular science. He shows how the great popular scientists of our time--Richard Feynman, Stephen Hawking, Steven Weinberg, Brian Greene, Lisa (...) Randall, Rachel Carson, Stephen Jay Gould, Steven Pinker, Richard Dawkins, and E. O. Wilson--evoke the sublime in response to fundamental questions: How did the universe begin? How did life? How did language? These authors maintain a tradition initiated by Joseph Addison, Edmund Burke, Immanuel Kant, and Adam Smith, towering 18th-century figures who adapted the literary sublime first to nature, then to science--though with one crucial difference: religion has been replaced wholly by science. In a final chapter, Gross explores science's attack on religion, an assault that attempts to sweep permanently under the rug two questions science cannot answer: What is the meaning of life? What is the meaning of the good life? (shrink)

I thought that I knew Adam Smith. Apparently not! "The political economy of the USA today is based on a laissez-faire interpretation of his Wealth of Nations," which, according to John E. Hill, "grossly distorts Smith's ideas." Furthermore, "correctly interpreting" Smith's thought would lead to greater happiness in all capitalistic political economic systems". The general slant of this book is that gross misinterpretations of Smith's theory of market capitalism have been used to justify the destruction of the moral (...) standards on which market capitalism depends. In other words, market capitalism requires a moral infrastructure or foundation, which has been eroded by Smith's recent... (shrink)

This paper offers an original argument for a Humean thesis about promising that generalises to the domain of normative powers. The Humean ‘natural unintelligibility’ thesis – prominently endorsed by Rawls, Hart, and Anscombe, and roundly rejected or forgotten by contemporary writers (conventionalists and non – conventionalists alike) – holds that a rational, suitably informed agent cannot so much as make a promise (much less a morally-binding promise) without exploiting conventional norms that confer promissory significance on act types (e.g., signing on (...) the dotted line) that would not otherwise have such significance. The argument (like Hume’s) is action-theoretic in character; its central premise is the Contribution Condition on acting with an aim: roughly, that doing X in order to (bring about) Y requires that the agent believe that their having X-ed on the occasion might come to fully or partly account for Y’s coming to pass. The argument generalises to the broader domain of exercises of normative powers, i.e., to acts that modify normative properties by ‘fiat’ or ‘stipulation’. This stipulative act has been characterised in three different ways, each of which is given due consideration. Finally, two different ways of accommodating the ‘natural unintelligibility’ thesis are considered, as is the thesis’s normative significance. (shrink)

This article argues that the dominant “nonconventionalist” theories of promising cannot account for the moral impact of two basic commercial practices: the transfer of contractual rights and the discharge of contractual debt in bankruptcy. In particular, nonconventionalism’s insensitivity to certain features of social context precludes it from registering the moral significance of these social phenomena. As prelude, I demonstrate that Seana Shiffrin’s influential position concerning the divergence between promise and contract commits her to impugning these features of the modern economy. (...) Finally, I examine the importance of promising for friendship and why we resist the commodification of promissory rights in this domain. (shrink)

A notable feature of our moral and legal practices is the recognition of privileges, powers, and entitlements belonging to a select group of individuals in virtue of their status as victims of wrongful conduct. A philosophical literature on relational normativity purports to account for this status in terms of such notions as interests, rights, and attitudes of disregard. This paper argues that such individualistic notions cannot account for prevailing and intuitive ways of demarcating the class of victims. The focus of (...) the discussion is the wrongful infliction of harm, and the mediating role played by impersonal “danger-making properties” in the determination of the class of victims. Beginning with a treatment of one of the most well-known discussions of negligently-inflicted harm — from the most famous case of the American common law tradition, Palsgraf v. Long Island Railroad Co. — the analysis is then extended to the morality of harm-doing more broadly, negligent and intentional alike. The paper’s chief targets are interest theories of rights — including contractualist theories of moral claim-rights of the kind defended by R. Jay Wallace — and neo-Strawsonian Quality of Will theories of “moral injury”. (shrink)

Controlling the movement of potentially infectious bodies has been central to Australian immigration law. Nowhere is this more evident than in relation to tuberculosis, which is named as a ground for refusal of a visa in the Australian context. In this paper, I critically examine the “will to knowledge” that this gives rise to. Drawing on a critical analysis of texts, including interviews with migrants diagnosed with TB and healthcare professionals engaged in their care, I argue that this focus on (...) border policing, rather than resettlement and the broader social determinants of health that drive current rates of TB, paradoxically renders migrants diagnosed with TB as liminal subjects in the post-arrival phase. This raises ethical issues about who “matters,” as well as dilemmas about what constitutes adequate care for the “Other,” both of which go to the heart of the political economy of migration. (shrink)

"Combining aspects of his acclaimed street work with an innovative approach to portraiture, Chicago-based photographer Jed Fielding has concentrated closely on these children's features and gestures, probing the enigmatic boundaries between surface and interior. Design, composition, and the play of light and shadow are central elements in these photographs, but the images are much more than formal experiments; they confront disability in a way that affirms life. Fielding's sightless subjects project a vitality that seems to extend beyond the limits of (...) self-consciousness. In collaborative, joyful participation with the children, he has made pictures that reveal essential gestures of absorption and the basic expressions of our creatureliness. Fielding's work achieves what only great art, and particularly great portraiture can: it launches and then complicates a process of identification across the barriers that separate us from each other. (shrink)

A prolific philosopher who also held Rome's highest political office, Cicero was uniquely qualified to write on political philosophy. In this book Professor Atkins provides a fresh interpretation of Cicero's central political dialogues - the Republic and Laws. Devoting careful attention to form as well as philosophy, Atkins argues that these dialogues together probe the limits of reason in political affairs and explore the resources available to the statesman given these limitations. He shows how Cicero appropriated and transformed Plato's thought (...) to forge original and important works of political philosophy. The book demonstrates that Cicero's Republic and Laws are critical for understanding the history of the concepts of rights, the mixed constitution and natural law. It concludes by comparing Cicero's thought to the modern conservative tradition and argues that Cicero provides a perspective on utopia frequently absent from current philosophical treatments. (shrink)

"Adam Wiegner's work belongs to Polish analytical philosophy, but it falls outside of its main current, the Lvov-Warsaw School, which was influenced by Hume's ideas. Wiegner, influenced by neo-Kantianism, developed a non-Humean conception of "holistic empiricism," which anticipates some of the ideas of K. R. Popper and W. V. O. Quine. Some of his ideas remain original to this day. His main research interests included epistemology, philosophy of mind, philosophy of science especially philosophy of psychology, analytical history of philosophy, (...) and interpretation of traditional logic in terms of mathematical logic."--BOOK JACKET. (shrink)

Emily Dickinson's poetry is deeply philosophical. Recognizing that conventional language limited her thought and writing, Dickinson created new poetic forms to pursue the moral and intellectual issues that mattered most to her. This collection situates Dickinson within the rapidly evolving intellectual culture of her time and explores the degree to which her groundbreaking poetry anticipated trends in twentieth-century thought. Essays aim to clarify the ideas at stake in Dickinson's poems by reading them in the context of one or more relevant (...) philosophers, including near-contemporaries such as Nietzsche, Kierkegaard and Hegel, and later philosophers whose methods are implied in her poetry, including Levinas, Sartre and Heidegger. The Dickinson who emerges is a curious, open-minded interpreter of how human beings make sense of the world - one for whom poetry is a component of a lifelong philosophical project. (shrink)

Academic misconduct runs rampant across higher education institutions in the US and internationally. Ample empirical research has identified myriad student variables that predict AM. However, two variables have been unexamined: the quality of conceptual knowledge university students have on AM and the relation between goals for going to university and reception to intervention on AM. Quantitative content analysis on written responses by 356 first-year university students reported surface-level knowledge of AM, frequent citation of extrinsic goals, and a lack of association (...) between goals and receptiveness to intervention. Results corroborate prior research on university students’ limited understanding of AM. Results suggest that efforts to address AM do not need to tailor intervention components to match students’ goals for attending university. (shrink)

"Evidence of a flight from reason is as old as human record-keeping: the fact of it certainly goes back an even longer way. Flight from science specifically, among the forms of rational inquiry, goes back as far as science itself... But rejection of reason is now a pattern to be found in most branches of scholarship and in all the learned professions."--from the introduction In the widely acclaimed Higher Superstition: The Academic Left and Its Quarrels with Science, Paul R. (...) class='Hi'>Gross and Norman Levitt offered a spirited response to the "science bashers," raising serious questions about the growing criticism of scientific practice from humanists and social scientists on the academic left. Now, in The Flight from Science and Reason, Gross and Levitt are joined by Martin W. Lewis to bring together a diverse and distinguished group of scholars, scientists, and experts to engage these questions from a wide variety of perspectives. The authors take on critics of science whose views range from moderate to extreme, from social constructivists to deconstructionists, from creationists and feminists to Afro-centrists. They discuss the rise of "alternative medicine" and radical environmentalism (here skewered as "ecosentimentalism"). They explain why the "uncertainty principle" does not work as a metaphor for ambiguity, and why "chaos theory" cannot be invoked without an understanding of mathematics. Throughout, they grapple with the paradox inherent in arguing with opponents who contend that reason itself, and thus logic, is suspect. Distributed for the New York Academy of Sciences. (shrink)

Thomas S. Kuhn's singular voice was stilled by cancer on June 17, 1996, some 49 years after his initial encounters with past science had drawn him into a career in the history and philosophy of science. One of the most widely-read and influential academics of the 20th century, Kuhn was educated at Harvard University, where he received an S.B. in Physics in 1943 and a Ph.D. in the subject in 1949. He remained there until 1956, first as a Junior Fellow (...) in the Society of Fellows from 1948 to 1951, when he in effect retrained himself as a historian of science, and then as an Assistant Professor of General Education and History of Science. He joined the faculty of the University of California, Berkeley, in 1956, becoming Professor of History of Science in 1961. From 1964 to 1979 he was on the faculty of the History of Science Program of Princeton University, and from 1972 to 1979 also a member of the Institute for Advanced Study. He moved to the Department of Linguistics and Philosophy of Massachusetts Institute of Technology in 1979, where he became Professor Emeritus in 1991. He was President of the History of Science Society in 1968—70 and of the Philosophy of Science Association in 1988–90. He received the George Sarton Medal of the History of Science Society in 1982 and the John Desmond Bernal Award of the Society for the Social Studies of Science in 1983. (shrink)

Should we try to live in the present? Such is the imperative of modernity, Jed Rubenfeld writes in this important and original work of political theory. Since Jefferson proclaimed that 'the earth belongs to the living', since Freud announced that mental health requires people to 'get free of their past', since Nietzsche declared that the happy man is the man who 'leaps into the moment', modernity has directed its inhabitants to live in the present, as if there alone could they (...) find happiness, authenticity, and above all freedom. But this imperative, Rubenfeld argues, rests on a profoundly inadequate, deforming picture of the relationship between freedom and time. Instead, Rubenfeld suggests, human freedom, indeed human being itself, necessarily extends into both past and future; self-government consists of giving our lives meaning and purpose over time. From this conception of self-government, Rubenfeld derives a new theory of constitutional law's place in democracy. Democracy, he writes, is not a matter of governance by the present 'will of the people'; it is a matter of a nation's laying down and living up to enduring political and legal commitments. Constitutionalism is not coun. (shrink)

W. Matthews Grant's "Dual Sources Account" aims at explaining how God causes all creaturely actions while leaving them free in a robust libertarian sense. It includes an account of predestination that is supposed to allow for the possibility that some created persons ultimately spend eternity in hell. I argue here that the resources Grant provides for understanding why God might permit created persons to end up in hell are, for two different reasons, insufficient. I then provide possible solutions to these (...) two problems, compatible with Grant's account overall, that help show why God might allow hell. (shrink)

Analogues between the coherentism-foundationalism debate in Western philosophy and Candrakīrti's critique of Dignāga's Pramāṇavāda approach are well attested.1 Many scholars who argue that Candrakīrti advocates a form of coherentism cite the following verse from Clear Words as evidence: Thus, knowledge of worldly objects is determined through the fourfold epistemic instruments. And those are established with respect to each other. When the epistemic instruments are correct, so are their objects, and when the objects to be validated are correct, so are their (...) epistemic instruments. It is not at all the case that the nature of the epistemic instrument or of the epistemic object is... (shrink)

In this paper I argue that both defence and criticism of the claim that humans act ‘under the guise of the good’ neglects the metaphysical roots of the theory. I begin with an overview of the theory and its modern commentators, with critics noting the apparent possibility of acting against the good, and supporters claiming that such actions are instances of error. These debates reduce the ‘guise of the good’ to a claim about intention and moral action, and in so (...) doing have become divorced from the theory's roots in classical and medieval philosophy. Aristotle and Aquinas’ ‘guise of the good’ is primarily a metaphysical claim resting on the equivalence between actuality and goodness, from which conclusions about moral action are derived. I show the reasoning behind their theory and how it forms the basis for the claims about intention and action at the centre of the modern debate. Finally, I argue that the absence of its original foundation is apparent in recent attacks on the ‘guise of the good’. It is unsurprising that modern action theory and ethics have not always been able to comfortably accommodate the ‘guise of the good’; they are only telling half of the story. (shrink)

An abrupt break in the prevailing modes of artistic expression, for many, marks the advent of modernism in the early twentieth century, but revisionary attempts to pin down a precise moment of its emergence remain disputed. History of a Shiver proffers a different approach, tracing the first inkling of modernism instead to the nineteenth century's fascination with music.As Jed Rasula deftly shows, melomania--the passion for music--gave rise to concepts like Richard Wagner's "endless melody" and the Gesamtkunstwerk, or total work of (...) art, which in turn infused the arts of the fin de siècle with an aura of expectancy, challenging them to induce musical effects by their own means. With each art aspiring to produce the effects of another artistic medium, a synesthetic yearning ran like a shiver through the body of art that would emerge over the next half century. Rasula traces this pan-arts polyphony from German Romantic theory to early experiments in "visual music," encompassing such diverse phenomena as American fixation on Arcadia, early film theory, and the lure of the fourth dimension. All the while, he keeps focus on the paramount historical consequence in elevating music to a new universal aesthetic standard, arguing that Wagnerism was first among modern "isms."In surveying this momentous interplay among arts, History of a Shiver ranges from literature, music and painting to theatre, cinema, dance, photography, and civic pageantry. It retells the story of modernism by recovering not an idea, but a feeling--the hair-raising potential for each painting, literary text, or musical composition to herald an unprecedented domain of human enterprise. (shrink)

The creditions model is incredibly powerful at explaining both how beliefs are formed and how they influence our perceptions. The model contains several cognitive loops, where beliefs not only influence conscious interpretations of perceptions downstream but are active in the subconscious construction of perceptions out of sensory information upstream. This paper shows how this model is mirrored in the epistemology of two central Buddhist figures, Dignāga and Dharmakı̄rti. In addition to showing these parallels, the paper also demonstrates that by drawing (...) on Dignāga and Dharmakı̄rti's theory, we can extend the explanatory power of the creditions model. Namely, while creditions explain how beliefs influence both the conscious interpretation and subconscious construction of sensory information, Dignāga and Dharmakı̄rti suggest beliefs can even be generative of sensory-like information. I recruit ancient Buddhist texts in conjunction with contemporary cognitive science scholarship to offer a hypothesis for the cognitive mechanisms responsible for this. (shrink)

Tibetan Buddhism, the Gelug school specifically, promotes a deep skepticism about the ability to know others’ minds. Its scripture is rife with cautionary tales allegorizing and extolling this skepticism in adherents, while claiming a buddha, by contrast, has eradicated this skepticism with their omniscience. I describe a buddha’s purported privileged epistemic access to others’ minds as “double-hiddenness.” On this skepticism, not just what a buddha knows, but if they know it is hidden, making their authority irreputable. I use critical theory (...) to investigate the ramifications of this double hiddenness, demonstrating that the resultant subjectivization brought about by this extreme skepticism—although the product of power—is not merely a type of subjugation, as suggested by Foucault, but also constitutes a robust agency. (shrink)

From one of our most astute art critics, an impassioned and elegant book that questions the demand for art's political relevance or its need to deliver a message, and insists on its power to take us out of the everyday world, and its most important role: to excite, disturb, inspire or unsettle us. As more and more critics and enthusiasts insist that art needs to promote a particular idea or message, be it political or social, as a brand, a means (...) of education or entertainment, Jed Perl wants to remind us that the purpose of art lies not in our ability to define it, to place it in a context, whether a cause, an issue or an ideology. Instead the true power of art lies in its ability to shake our need for definitions, relevance or categories. He reminds us of the inherently uncategorizable nature of the artistic imagination, that a work of art is not merely a statement beamed out into the world, but the result of a dialogue between the artist and the tools and tradition of the medium, and that the fascination of the arts lies in their ability to be both dispassionate and impassioned. Perl explores the practices that are the foundation for the two catalysts of imaginative achievement: authority and freedom. He discusses the sense of vocation that give artists their purpose and focus, and how the interplay between authority and freedom underpin the creative process. (shrink)