The best-interests standard is a widely used ethical, legal, and social basis for policy and decision-making involving children and other incompetent persons. It is under attack, however, as self-defeating, individualistic, unknowable, vague, dangerous, and open to abuse. The author defends this standard by identifying its employment, first, as a threshold for intervention and judgment (as in child abuse and neglect rulings), second, as an ideal to establish policies or prima facie duties, and, third, as a standard of reasonableness. Criticisms of (...) the best-interests standard are reconsidered after clarifying these different meanings. (shrink)

Recalcitrant disputes among health care providers and patients or their families may signal deep cultural differences about what interventions are needed or about clinicians’s professional duties. These issues arose in relation to a mother’s request for hymenoplasty or revirgination for her minor daughter to enable an overseas, forced marriage and protect her from an honor killing. The American College of Obstetrics and Gynecology committee recommends against members performing a hymenoplasty or other female genital cosmetic surgeries due to a lack of (...) data concerning their safety and efficacy. A key issue in such cases is how to determine what is in the minor’s best interest and the scope of health care moral or professional’s duties. The Best Interests Standard can serve as a powerful moral tool for resolving cross-cultural disputes and identifying needed policy. (shrink)

Bioethics is best viewed as both a second-order discipline and also part of public discourse. Since their goals differ, some bioethical activities are more usefully viewed as advancing public discourse than academic disciplines. For example, the “Universal Declaration on Bioethics and Human Rights” sponsored by the United Nations Educational, Scientific, and Cultural Organization seeks to promote ethical guidance on bioethical issues. From the vantage of philosophical ethics, it fails to rank or specify its stated principles, justify controversial principles, clarify key (...) terms, or say what is meant by calling potentially conflicting norms “foundational.” From the vantage of improving the public discourse about bioethical problems and seeking ethical solutions in the public arena, however, this document may have an important role. The goals and relations between bioethics as a second-order discipline and public discourse are explored. (shrink)

(2004). What is the Role of the Precautionary Principle in the Philosophy of Medicine and Bioethics? Journal of Medicine and Philosophy: Vol. 29, No. 3, pp. 255-258.

There is more than one way to say that composition is identity. Yi has distinguished the Weak Composition thesis from the Strong Composition thesis and attributed the former to David Lewis while noting that Lewis associates something like the latter with me. Weak Composition is the thesis that the relation between the parts collectively and their whole is closely analogous to identity. Strong Composition is the thesis that the relation between the parts collectively and their whole is identity. Yi is (...) right that Strong Composition does not fully reflect my view. We must recognize further what, borrowing Lewis's characterization, could be called the "stronger, and stranger" Composition thesis, or what I'll call the Stronger Composition thesis for short. On Strong Composition, it is only collectively that the parts are identical with the whole. On Stronger Composition, they are individually identical with it as well. I will explain and motivate this thesis. (shrink)

Clinicians sometimes disagree about how much to honor surrogates’ deeply held cultural values or traditions when they differ from those of the host country. Such a controversy arose when parents requested a cultural accommodation to let their infant die by withdrawing life saving care. While both the parents and clinicians claimed to be using the Best Interests Standard to decide what to do, they were at an impasse. This standard is analyzed into three necessary and jointly sufficient conditions and used (...) to resolve the question of how much to accommodate cultural preferences and how to treat this infant. The extreme versions of absolutism and relativism are rejected. Properly understood, the Best Interests Standard can serve as a powerful tool in settling disputes about how to make good decisions for those who cannot decide for themselves. (shrink)

How is it possible for David Hume to be both withering skeptic and constructive theorist? I recommend an answer like the Pyrrhonian answer to the question how it is possible to suspend all judgment yet engage in active daily life. Sextus Empiricus distinguishes two kinds of assent: one suspended across the board and one involved with daily living. The first is an act of will based on appreciation of reasons; the second is a causal effect of appearances. Hume makes the (...) same distinction, only he extends the sort of assent involved in daily life to theoretical matters as well. He is a skeptic both in finding no reason to grant the first sort of assent and in being subject to the second. (shrink)

This paper focuses on natural dualities for varieties of bilattice-based algebras. Such varieties have been widely studied as semantic models in situations where information is incomplete or inconsistent. The most popular tool for studying bilattices-based algebras is product representation. The authors recently set up a widely applicable algebraic framework which enabled product representations over a base variety to be derived in a uniform and categorical manner. By combining this methodology with that of natural duality theory, we demonstrate how to build (...) a natural duality for any bilattice-based variety which has a suitable product representation over a dualisable base variety. This procedure allows us systematically to present economical natural dualities for many bilattice-based varieties, for most of which no dual representation has previously been given. Among our results we highlight that for bilattices with a generalised conflation operation. Here both the associated product representation and the duality are new. Finally we outline analogous procedures for pre-bilattice-based algebras. (shrink)

In this volume--the first, focused study of Hume on time and identity--Baxter focuses on Hume’s treatment of the concept of numerical identity, which is central to Hume's famous discussions of the external world and personal identity. Hume raises a long unappreciated, and still unresolved, difficulty with the concept of identity: how to represent something as "a medium betwixt unity and number." Superficial resemblance to Frege’s famous puzzle has kept the difficulty in the shadows. Hume’s way of addressing it makes sense (...) only in the context of his unorthodox theory of time. Baxter shows the defensibility of that theory against past dismissive interpretations, especially of Hume’s stance on infinite divisibility. Later the author shows how the difficulty underlies Hume’s later worries about his theory of personal identity, in a new reading motivated by Hume’s important appeals to consciousness. Baxter casts Hume throughout as an acute metaphysician, and reconciles this side of Hume with his overarching Pyrrhonian skepticism. (shrink)

I argue that an individual has aspects numerically identical with it and each other that nonetheless qualitatively differ from it and each other. This discernibility of identicals does not violate Leibniz's Law, however, which concerns only individuals and is silent about their aspects. They are not in its domain of quantification. To argue that there are aspects I will appeal to the internal conflicts of conscious beings. I do not mean to imply that aspects are confined to such cases, but (...) the best way to start is to recognize them experientially. We can feel the conflicts within ourselves. In doing so we can feel some of our aspects. I will try to enhance our understanding of the concept of aspect by listing and formalizing some principles for its use. After that I will argue that all sorts of individual things have aspects, not just people who are conflicted. (shrink)

The appearance of Jesus Christ in his time was inevitable. Plato's ideas were to find a material embodiment on earth. The image of Christ as a balance, the harmony of light-spirit and darkness-matter, is the materialization of the ideal image.

Hume's Treatise arguments concerning space, time, and geometry, especially ones involving his denial of infinite divisibility; have suffered harsh criticism. I show that in the section "Of the ideas of space and time," Hume gives important characterizations of his skeptical approach, in some respects Pyrrhonian, that will be developed in the rest of the Treatise. When that approach is better understood, the force of Hume's arguments can be appreciated, and the influential criticisms of them can be seen to miss the (...) mark. (shrink)

Understanding Hume’s theory of space and time requires suspending our own. When theorizing, we think of space as one huge array of locations, which external objects might or might not occupy. Time adds another dimension to this vast array. For Hume, in contrast, space is extension in general, where being extended is having parts arranged one right next to the other like the pearls on a necklace. Time is duration in general, where having duration is having parts occurring one aft (...) er another like the notes of a song. Hume’s diff erent view stems from his empiricism, his reliance on experience and observation as the foundation of our concepts. Nothing in our experience suggests a single vast array of locations. Rather, we simply notice that bodies are similar insofar as they have lengths that can be compared. Likewise, nothing in our experience suggests a single dimension of time. Rather, we simply notice that diff erent successions are similar insofar as they have durations that can be compared. Th eorizing that these observations show there to be a single multidimensional array goes well beyond the evidence for Hume. As a skeptic, he fi nds himself unable to assent to theories that stray too far beyond the deliverances of the senses. For Hume, the ideas of space and time are each a general idea of simple—partless— objects arrayed in a certain manner. He argues that the structures of the ideas of space and time refl ect the structures of space and time. Th erefore, space and time are not infi - nitely divisible, and they are ways simple objects are arrayed. Consequently, there is no such thing as empty space nor time without change. (shrink)

There is a popular hypothesis that performance on implicit and explicit memory tasks reflects 2 distinct memory systems. Explicit memory is said to store those experiences that can be consciously recollected, and implicit memory is said to store experiences and affect subsequent behavior but to be unavailable to conscious awareness. Although this division based on awareness is a useful taxonomy for memory tasks, the authors review the evidence that the unconscious character of implicit memory does not necessitate that it be (...) treated as a separate system of human memory. They also argue that some implicit and explicit memory tasks share the same memory representations and that the important distinction is whether the task (implicit or explicit) requires the formation of a new association. The authors review and critique dissociations from the behavioral, amnesia, and neuroimaging literatures that have been advanced in support of separate explicit and implicit memory systems by highlighting contradictory evidence and by illustrating how the data can be accounted for using a simple computational memory model that assumes the same memory representation for those disparate tasks. (shrink)

In the twenty years since the first Earth Day, the environmental movement has become increasingly “commercialized.” In this paper, I examine why many environmental organizations now offer an array of products through catalogs and magazines, or manage stores and outlets. In part one, I explore some of the economic and political influences during the 1970s and 1980s that resulted in increased organizational sophistication and an increased production of environmental products. The part two, I explore the “commercialization” of environmentalism from two (...) angles. First, in terms of a deconstructionist critique of the system of commodities and image, I demonstrate that when environmental organizations partake in this consumer culture, they actually reproduce precisely the values and institutions that they criticize. Second, from a “constructionist” perspective, I argue that environmental products can re-enchant or reconnect people with nature, and thus can help change cultural attitudes about human-naturerelationships. I conclude that environmental products are contradictory because environmental merchandise is juxtaposed uneasily between environmental ideological rhetoric and material ambition. Environmental organizations must recognize this ambiguity before they can deal with the problem effectively. (shrink)

This essay interprets Butler’s distinction between identity in the loose and popular sense and in the strict and philosophical sense. Suppose there are different standards for counting the same things. Then what are two distinct things counting strictly may be one and the same thing counting loosely. Within a given standard identity is one-one. But across standards it is many-one. An alternative interpretation using the parts-whole relation fails, because that relation should be understood as many-one identity. Another alternative making identity (...) relative to sort fails, because whole and parts can be of the same sort. (shrink)