Executive Summary There is a general perception that biomedical research has not given the same attention to the health problems of women that it has given ...

Public health raises critical ethics issues and concerns, making public heath ethics an essential topic for students and public health professionals. The 73 chapters in this volume examine public health ethics across a broad range of public health topics both in the U.S. and globally. It is the first ever comprehensive collection devoted to public health ethics.

In lieu of an abstract, here is a brief excerpt of the content:Women and Health Research:A Report from the Institute of MedicineAnna C. Mastroianni (bio), Ruth Faden (bio), and Daniel Federman (bio)In recent years, claims have been made by segments of the research community and by women's health advocacy groups that clinical research practices and policies have not benefitted women's health to the same extent as men's health. Central to these claims has been an assertion that women have been (...) inadequately represented as subjects of clinical studies and that as a result neither health conditions unique to women—e.g., menopause—nor women's manifestations of health problems affecting both sexes—e.g., heart disease—have been investigated sufficiently.The scientific community, including federal agencies that sponsor and regulate clinical studies, is increasingly responsive to these claims and is taking steps to raise the level of women's participation in clinical studies. Controversy and concern have surrounded these actions, however. Two of the claims that have been made are: (1) that women are more difficult to study than men because of their cyclical hormonal changes; and (2) that conducting gender-specific subgroup analyses would increase the size of study populations, raise the cost of studies, and thereby reduce the number of studies that could be performed with the limited resources available. In addition, controversy over the inclusion of women of childbearing potential and pregnant women has been particularly salient. Concerns have been expressed about avoiding potential harm to existing or potential fetuses and about the possible legal and financial ramifications of such harm. A further concern involves the perceived difficulties in enrolling women in studies and retaining them for the duration of the studies.Against this backdrop, the Office of Research on Women's Health at the National Institutes of Health (NIH) asked the Institute of Medicine (IOM) in October 1992 to establish the Committee on the Ethical and Legal Issues Relating to the Inclusion of Women in Clinical Studies. The Committee's charge was to: (1) consider the ethical and legal implications of including women, particularly pregnant women and women of childbearing potential, in clinical studies; (2) examine known instances of litigation regarding injuries to research subjects [End Page 55] and describe existing legal liabilities and protections; and (3) provide practical advice on these issues for consideration by NIH, institutional review boards (IRBs), and clinical investigators.The 16 Committee members came from diverse backgrounds: bioethics, law, epidemiology and biostatistics, public health policy, obstetrics and gynecology, clinical research, pharmaceutical development, social and behavioral sciences, and clinical evaluative sciences.1 Chaired by two of the authors of this article, Ruth Faden and Daniel Federman, and coordinated by the third, IOM Study Director Anna Mastroianni, the Committee met five times over a fourteen-month period, convened a one-and-one-half day invitational workshop, and commissioned several background papers. The Committee's deliberations were complicated by the announcement of new federal policies late in its term. Specifically, the Food and Drug Administration (FDA) issued guidelines (FDA 1993) to replace its 1977 guidelines, which prohibited the inclusion of women of childbearing potential in early phases of most clinical drug trials. In addition, Congress passed the NIH Revitalization Act of 1993 (P.L. 103-43), which contains provisions mandating the inclusion of women and racial and ethnic minorities in NIH-sponsored clinical research. In February 1994, the IOM Committee publicly issued its final report and recommendations, Women and Health Research: Ethical and Legal Issues of Including Women in Clinical Studies, publishing the workshop presentations and commissioned papers in a separate volume.Deliberations of the CommitteeA number of issues arose at the outset as the Committee considered its charge. A few members initially believed that verification of the underrepresentation of women relative to men in clinical studies as a whole was a prerequisite to providing policy recommendations. Others believed that such an examination would be an important contribution to the knowledge base, but that it was not necessary for addressing the Committee's charge. As summarized in the Committee's report, the Committee's research indicated that firm conclusions about the relative underrepresentation of women could not be drawn from the available data because of the lack of systematic information... (shrink)

U.S. researchers and scholars often point to two legal factors as significant obstacles to the inclusion of pregnant women in clinical research: the Department of Health and Human Services’ regulatory limitations specific to pregnant women's research participation and the fear of liability for potential harm to children born following a pregnant woman's research participation. This article offers a more nuanced view of the potential legal complexities that can impede research with pregnant women than has previously been reflected in the literature. (...) It reveals new insights into the role of legal professionals throughout the research pathway, from product conception to market, and it highlights a variety of legal factors influencing decision-making that may slow or halt research involving pregnant women. Our conclusion is that closing the evidence gap created by the underrepresentation and exclusion of pregnant women in research will require targeted attention to the role of legal professionals and the legal factors that influence their decisions. (shrink)

Beyond Consent examines the concept of justice, and its application to human subject research, through the different lenses of various research populations: children, the vulnerable sick, captive and convenient populations, women, people of colour, and subjects in international settings. Separate chapters address the evolution of research policies, implications of the concept of justice for the future of human subject research, and the ramifications of this concept throughout the research enterprise.

In lieu of an abstract, here is a brief excerpt of the content:IntroductionAnna Mastroianni (bio) and Jeffrey Kahn (bio)In this issue of the Kennedy Institute of Ethics Journal, we subject the work of the Advisory Committee on Human Radiation Experiments to examination from many angles. Nearly one year has passed since the release of the Committee’s final report and recommendations, and it seems an appropriate time to invite discourse and reflection on the influence and impact of the Committee and (...) its efforts. Our intent is to advance understanding of the Committee and its work, its place in the evolution of bioethics and public policy, as well as the broader legacy of restoring trust in the conduct of human subjects research.In 1993, President Clinton and Secretary of Energy Hazel O’Leary initiated an investigation of America’s involvement in radiation experiments on its citizens during the Cold War. The investigation resulted in the appointment of the Committee in January 1994. Some issues raised by these radiation experiments were brought to the attention of the nation by revelations contained in a Pulitzer Prize-winning series of newspaper stories about plutonium injections carried out by the government on allegedly unsuspecting subjects during the Cold War. The Committee faced a broad mandate, which included piecing together the history of Cold War radiation experiments and human subjects research, as well as recommending remedies for past wrongs and mechanisms to ensure that such wrongs could not be repeated in the future.This issue of the Journal consists of articles and accompanying commentaries on historical, philosophical, policy, and political aspects of the Committee’s work that are important to bioethics. This collection of articles, authored by Committee members, staff, and leading scholars, is designed to paint a picture of the breadth and complexity of the Committee’s efforts and to provide context and to stimulate discussion of significant issues.In the first article, Ruth Faden provides her unique perspective as chair of the Committee. She goes beyond the necessary overview and background of the Committee to reflect on the impact and meaning of the Committee’s work to bioethics and public policy.Much of the Committee’s effort was directed at gathering and uncovering information about the history of Cold War radiation experiments, an endeavor fairly foreign to bioethics but critically important to understanding the context in which to make moral judgments about the past. Jonathan Moreno and Susan Lederer discuss how the Committee’s work changed some of the traditional views of the history of research ethics. The commentary by Allan Brandt and Lara Freidenfelds further illuminates the value of understanding this recovered history. [End Page ix]In making moral judgments about the past, the Committee confronted complex questions about how to assess wrongdoing and the culpability of the government and its agents. Allen Buchanan explains why this was such a difficult but crucial task and how the Committee worked through some of the answers to these questions. His discussion illustrates the challenges to consensus in the committee decision-making process described in Ruth Macklin’s article in this issue on committees and consensus. Tom Beauchamp analyzes the frameworks for making retrospective moral judgments developed by two committees, the Advisory Committee and the University of California at San Francisco Ad Hoc Fact Finding Committee on World War II Human Radiation Experiments, and critiques their applications of the frameworks in the case of the plutonium injection experiments.The Committee recognized that in order to prevent wrongs seen in the past from occurring in the future, it would be necessary to understand the human subjects protections now in place. Nancy Kass and Jeremy Sugarman discuss the results of the Committee’s attempts to measure the operation and effectiveness of the current system for protection of human subjects. Paul Appelbaum comments on the relevance and value of the Committee’s empirical projects to contemporary human subjects research.The Committee’s work, and the products of any commission’s work, must be viewed partly in light of the place of commissions in bioethics scholarship and policymaking. Appointed commissions can have significant impacts on scholarly and public thinking, policymaking, and future direction, and bring high visibility to issues. It is important to realize that the conclusions of the Committee... (shrink)

: During the nearly 10 years since its introduction, preimplantation genetic diagnosis (PGD) has been used predominantly to avoid giving birth to a child with identified genetic disease. Recently, PGD was used by a couple not only to test IVF-created embryos for genetic disease, but also to test for a nondisease trait related to immune compatibility with a child in the family in need of an hematopoetic stem cell transplant. This article describes the case, raises some ethical and policy issues, (...) highlights gaps in U.S. policy, and finally makes some recommendations for addressing advancing genetic and reproductive technologies. (shrink)

Public health ethics, like the field of public health it addresses, traditionally has focused more on practice and particular cases than on theory, with the result that some concepts, methods, and boundaries remain largely undefined. This paper attempts to provide a rough conceptual map of the terrain of public health ethics. We begin by briefly defining public health and identifying general features of the field that are particularly relevant for a discussion of public health ethics.Public health is primarily concerned with (...) the health of the entire population, rather than the health of individuals. Its features include an emphasis on the promotion of health and the prevention of disease and disability; the collection and use of epidemiological data, population surveillance, and other forms of empirical quantitative assessment; a recognition of the multidimensional nature of the determinants of health; and a focus on the complex interactions of many factors—biological, behavioral, social, and environmental—in developing effective interventions. (shrink)

This book is a rich blend of analyses by leading experts from various cultures and disciplines. A compact introduction to a complex field, it illustrates biotechnology's profound impact upon the environment and society. Moreover, it underscores the vital relevance of cultural values. This book empowers readers to more critically assess biotechnology's value and effectiveness within both specific cultural and global contexts.

Ontological reism remains a defensible metaphysical position, and Kotarbiński’s unwillingness to propose a more robust defence of his views has some identifiable historical causes, i.e. his post-war engagement in practical philosophy (both praxeology and ethics), more relevant in the context of a war-ravaged country. There is however one more reason why it remains difficult to justify the ontological part of the doctrine. Kotarbiński assumes indeed that “the fundamental justification of concretism is both naively intuitive and ordinarily inductive” (Kotarbiński 1958, 402). (...) Does this mean that no decent philosophical discussion can be proposed in defence of intuitively grasped ideas? Certainly not, as, once again, is shown by the contemporary works on qualia. Ontological reism should be pursued as a negative theory though, not as a positive one. This question of the burden of the proof was raised by Kotarbiński in 1966, surprised by the fact that it is the reist, the one who rejects imaginary entities, who is supposed to bring new evidence in favour of his positions, whereas those who assume their existence do not feel compelled to go beyond intuitive claims. It cannot rely on analysis of language alone, but has to engage in the investigation of the world. This idea is coherent with the naturalistic tendencies of Kotarbiński’s approach, even if they did not yield any substantial results on their own. (shrink)

This paper traces the intellectual trajectories of the first stand-alone theories of action, understood as both axiologically neutral and quasi-scientific from a methodological point of view. I argue that the rise of action theory of this kind corresponds to a particular moment of dissatisfaction within Western thought, and as such, it tells us far more about the history of philosophy than the subject itself. I conclude by explaining why subsequent failures to provide an acceptable theory of action are not accidental. (...) On the contrary, such failures owe themselves probably to the fact that formulating a theory of action is neither propitious nor useful. Thus, the most valuable lesson we can learn from philosophical desires for a theory of action is that we should take co-action as the starting point in our normative investigations, rather than positing action simpliciter as a problem to solve. That is, we should move away from propounding a theory of action, and instead focus on a paradigm shift, whereby we move away from a representational, towards a co-actional, model of action. (shrink)

This paper argues that the function of moral education in the biomedical context should be exactly the same as in a general, philosophical framework: it should not provide ready-to-use kits of moral principles; rather, it must show the history, epistemology and conceptual structure of moral theories that would enable those who have to make decisions to be as informed and as responsible as possible. If this complexity cannot be attained, an incomplete product—i.e. bioethics or bioethical principles—should not be seen as (...) a viable substitute. This theoretical position is subsequently illustrated by a case study involving research ethics committees. It is argued that within these committees, that are carefully formed multidisciplinary bodies, what makes competent decision-making possible is not a bioethical theory, nor even a sound philosophical ethics, but the dynamics of the discussion of a number of experts coming from different disciplines. This multidisciplinary expertise is necessary and sufficient to undertake the challenges of complex decisions in the biomedical context. (shrink)

In late 2003, the Canadian media reported that the Islamic Institute of Civil Justice would start offering arbitration in family disputes in accordance with both Islamic legal principles and Ontario's Arbitration Act of 1991. A vociferous two-year debate ensued on the introduction of “Sharia law” in Ontario. This article analyzes representations of Muslim women's agency that came to the fore in this debate by examining reports in three Canadian newspapers. The debate demonstrated two notions of agency. The predominant perspective conceptualized (...) Muslim women's agency as their ability to resist domination, tying secularization to agency. A second strain of the debate portrayed agency as embedded in intersecting social forces of domination and subordination. The first perspective homogenized diverse Muslim communities, fostering the gendered racialization of these communities. Understanding agency as embedded, by contrast, enabled conceptualizations of Muslim women as agentic religious subjects. (shrink)

Politics, and in particular the question of the Palestinian-Israeli conflict, is currently dealt with rather through fiction and art, and much less through genuine political actions, is a strong sign of the failure of politics as a positive, voluntaristic political project. Rap /hip hop music, the most naturally political art, does not have the political agenda anymore. The particular history or Israeli rap illustrates this process in a striking way, embodying the recent evolution of the Israeli society. The country was (...) established on a political project and previously unknown social generosity. Yet, the economical and geopolitical context of Israel, as well as increasingly difficult relationship with Palestinians, made its citizens surprisingly uninterested in rethinking the political project of the country. Individual preoccupations, also economical, family and friends’ problems, started to occupy the central place in art and in daily life in Israel, and politics has been definitively associated to corruption and self-interest of an elite. Rap reflects this evolution, is its condensed version. (shrink)

Char et al. question the extent and degree to which machine learning applications should be treated as exceptional by ethicists. It is clear that of the suite of ethical issues raised by mac...

ABSTRACT This paper adds to efforts to retrieve the long-neglected philosophical contributions of Karoline von Günderrode, and is one of the first to seriously address the political commitments in Günderrode’s work, especially regarding revolution. This idea gains an unusual status in the context of Günderrode’s metaphysics, and is key to understanding the connections between Günderrode’s more obviously philosophical writings and her literary work. I argue that Günderrode’s concept of revolution resembles, in some respects, the ideas of other thinkers of her (...) time, but has ramifications for conceiving of human individuals and their relationships to society and nature that are unique to Günderrode. First, I use a comparison with the work of contemporaries on revolution to justify interpreting Günderrode’s metaphysics in relation to her thought on politics. Günderrode often masks her political thought in the form of plays, and the paper next considers the theme of revolution in her plays Muhammad, the Prophet of Mecca, and Udohla. Lastly, the paper contrasts Günderrode’s position on revolution to claims by Herder and Fichte, arguing that Günderrode’s conception of a cycle of enhancement and decay of natural forces, political power and social cohesion differs from androcentric models that emphasize the development of consciousness. (shrink)

If lay theories associate moral intuitions with deeply held values, people should feel uncomfortable relying on deliberative thinking when judging violations of personal taboos. In two preliminary studies, participants with siblings of the opposite sex were particularly troubled when evaluating a sibling incest scenario under instructions to think slowly and rationally, or when the scenario was presented in a hard-to-read font forcing them to employ deliberative processing. This suggests that we may be intuitive intuitionists, and opens the door for investigations (...) of people’s preferred modes of moral judgment. (shrink)

Si la praxéologie mérite aujourd’hui notre attention, c’est parce qu’elle permet de remonter aux origines des « théories de l’action », des sociologies de l’action ou des philosophies de l’action qui ont marqué le xxe siècle. Que veut dire, au fond, étudier l’action, en proposer ensuite une théorie, à visée soit descriptive soit normative? Dans ce qui suit, on va étudier la question en compagnie de Tadeusz Kotarbiński (1886-1981), philosophe analytique, et de Harold Garfinkel (1917-2011), sociologue hétérodoxe. Ce texte défend (...) l’idée selon laquelle parmi les conséquences les plus marquantes du travail de Garfinkel se trouve la démystification de la « théorie de l’action », et que certaines intuitions similaires sont déjà très présentes chez Kotarbiński (dont les travaux sur l’action constituent, selon Garfinkel, un « échec extrêmement important »). La praxéologie chez les deux auteurs n’est pas une discipline, mais une façon de voir la pratique étudiée comme un tout, à l’instar des recherches menées par les théoriciens de la Gestalt. La dimension athéorique de l’étude de l’action humaine proposée ici permet d’espérer qu’un jour, les phénomènes qui nous entourent vont pouvoir être étudiés pour ce qu’ils sont, et non pas pour ce qu’une théorie élégante permet d’en dire. (shrink)

Lesniewski’s ontology was one of the most inspiring aspects of Polish philosophy in the 20th century. I would like to reveal two original ways of thinking about names present in Polish pre-war philosophy and inspired by Lesniewski’s ideas, i.e. Kotarbinski’s reism and Ajdukiewicz’s criticism of the latter. It seems obvious, at least in texts of the philosophers quoted above, that the question of names was hiding much deeper quarrels. Although Kotarbinski’s and Ajdukiewicz’s positions were not in radical opposition, several disagreements (...) between them were very fruitful regarding their respective works. This paper gives an overview of their respective contributions to logic presented against the background of their philosophical positions. (shrink)

The French Convention on Bioethics (États généraux de la bioéthique, 2009) were a perfect spot to observe new methods of organizing the participants of public debates into a hierarchy. Indeed, a privileged place was given to the citizen, and quite often the expert and the politician were devoid of their usual roles. This article will focus on the analysis of the very role given to the expert and to the expertise, both in the definition of the general framework of the (...) series of meetings and in public debates that took place in (among others) Marseille and Paris. This analysis makes obvious the idea that the major result of those Conventions does not consist in putting forward some original thoughts on biomedicine and its problems, but rather in promoting a new model of governance. In consequence, and if I am right, this promotion is being made precisely by diminishing the role of the expert (the intellectual). (shrink)

The article aims at challenging the very idea of bioethics. Starting with a thought experiment which puts into perspective relations between law and ethics, a reflexion on founding moments of bioethics as a distinctive discipline will be proposed in order to contest some of its assumptions. Less traditional ways of seeing the field will be subsequently analyzed, yet the conclusion of this exploration will remain critical: we should rather think of an alternative way of seeing moral expertise in the biomedical (...) sphere, founded on plural knowledge of diverse agents who leave their moral presuppositions aside as much as this is possible. (shrink)

This chapter contains sections titled: Introduction Preliminaries: Thinking about Language Oneself as Agent Mistaken Dichotomies Intention Action as a Story about the Agent References.

Authors of chapters: J. Blanc, D. Blitman, F. Couturier, P. Fasula, R. Lamarche-Perrin, D. Ross, R. Sandoz, S. Troubé .

A Companion to the Philosophy of Action offers a comprehensive overview of the issues and problems central to the philosophy of action. The first volume to survey the entire field of philosophy of action (the central issues and processes relating to human actions) Brings together specially commissioned chapters from international experts Discusses a range of ideas and doctrines, including rationality, free will and determinism, virtuous action, criminal responsibility, Attribution Theory, and rational agency in evolutionary perspective Individual chapters also cover prominent (...) historic figures from Plato to Ricoeur Can be approached as a complete narrative, but also serves as a work of reference Offers rich insights into an area of philosophical thought that has attracted thinkers since the time of the ancient Greeks. (shrink)

"Grande fut au XIXe siècle la confusion des termes et l'incertitude des objectifs dans les théories morales concurrentes. En réaction, naquit une discipline nouvelle, la métaéthique, requérant qu'on commençât par soumettre la réflexion morale à des contraintes épistémologiquement plus rigoureuses. Ainsi émergèrent des travaux portant sur la signification des énoncés moraux et sur leurs conditions de vérité, sur les éléments constitutifs de l'éthique, sur la tension entre ce qu'on peut connaître et décrire et ce qu'on peut plutôt sentir et exprimer (...) dans la sphère morale. Le présent volume réunit des textes qui ont marqué leur époque et qui sont devenus des références essentielles dans le paysage métaéthique contemporain. La première partie du volume présente l'effort qui fut fait de saisir dans un cadre réaliste les notions fondamentales de l'éthique, la deuxième oppose à cette entreprise qui se veut scientifique la critique parfois sceptique, la troisième met en cause certains présupposés actifs dans les deux partis, et propose de nouvelles lectures du réalisme moral."--Page 4 de la couverture. (shrink)

Our ability to attend selectively to our surroundings - noticing things that matter, ignoring those that don't - is crucial if we are to negotiate the world around us. This is the first book in years to explore just how our attention can be influenced by time, and how our own perception of time can be influenced by what we attend to.

Until 1996, poor single mothers in the United States could claim welfare benefits for themselves and their children under the Aid to Families with Dependent Children (AFDC) program if they had no other source of income. With the 1996 passage of the Personal Responsibility Work Opportunity Reconciliation Act (PRWORA), paid work and work-related activities became a mandatory condition for receiving aid. At the same time, the law promotes marriage as a route out of poverty. Using a feminist reinterpretation of Althusser’s (...) concept of interpellation, I turn to Job Clubs, mandatory week-long workshops that teach job search skills, to analyze the citizen-subject generated by front-line representatives of the state in the context of this new legislation. Based on participant-observation, I conclude that while PRWORA ostensibly promotes both marriage and paid employment, Job Club trainers enforced a masculine worker-citizen subject through the deployment of three discursive strategies. These discursive strategies 1) promoted paid work over welfare-receipt as both a pragmatic and moral choice, 2) posited an individual-psychological account of women’s welfare receipt, and 3) portrayed parenting skills as marketable skills. In the conclusion, I speculate that current welfare reform efforts require the generation of a self-reproducing worker-citizen and that workshops like Job Club become a site in which the existence of this autonomous citizen is affirmed. (shrink)

ABSTRACT:A wide range of research uses patterns of genetic variation to infer genetic similarity between individuals, typically referred to as genetic ancestry. This research includes inference of human demographic history, understanding the genetic architecture of traits, and predicting disease risk. Researchers are not just structuring an intellectual inquiry when using genetic ancestry, they are also creating analytical frameworks with broader societal ramifications. This essay presents an ethics framework in the spirit of virtue ethics for these researchers: rather than focus on (...) rule following, the framework is designed to build researchers’ capacities to react to the ethical dimensions of their work. The authors identify one overarching principle of intellectual freedom and responsibility, noting that freedom in all its guises comes with responsibility, and they identify and define four principles that collectively uphold researchers’ intellectual responsibility: truthfulness, justice and fairness, anti-racism, and public beneficence. Researchers should bring their practices into alignment with these principles, and to aid this, the authors name three common ways research practices infringe these principles, suggest a step-by-step process for aligning research choices with the principles, provide rules of thumb for achieving alignment, and give a worked case. The essay concludes by identifying support needed by researchers to act in accord with the proposed framework. (shrink)

During the last three decades, there have been great advances in our understanding of the neural mechanisms of selective attention, at the network as well as the cellular level. The Oxford Handbook of Attention brings together the different research areas that make up contemporary attention research into one comprehensive and authoritative volume.

In 1988 I began a report on the accuracy of expert testimony in child sexual abuse cases utilizing Ralph Underwager and Hollida Wakefield as a case study (Wakefield & Underwager, 1988). In response, Underwager and Wakefield began a campaign of harassment and intimidation, which included multiple lawsuits; an ethics charge; phony (and secretly taped) phone calls; and ad hominem attacks, including one that I was laundering federal grant monies. The harassment and intimidation failed as the author refused demands to retract. (...) In addition, the lawsuits and ethics charges were dismissed. Lessons learned from the experience are discussed. (shrink)

ABSTRACTThere is substantial evidence to suggest that deafness is associated with delays in emotion understanding, which has been attributed to delays in language acquisition and opportunities to converse. However, studies addressing the ability to recognise facial expressions of emotion have produced equivocal findings. The two experiments presented here attempt to clarify emotion recognition in deaf children by considering two aspects: the role of motion and the role of intensity in deaf children’s emotion recognition. In Study 1, 26 deaf children were (...) compared to 26 age-matched hearing controls on a computerised facial emotion recognition task involving static and dynamic expressions of 6 emotions. Eighteen of the deaf and 18 age-matched hearing controls additionally took part in Study 2, involving the presentation of the same 6 emotions at varying intensities. Study 1 showed that deaf children’s emotion recognition was better in the dynamic rather than static condition, whereas the hearing children sh... (shrink)

This dissertation evaluates the contemporary viability of Aristotelian ethics. It argues that neo-Aristotelians are right in thinking that some version of Aristotle's ethics is viable today. However, standard interpretations are wrong in several respects: Aristotle's ethics does not and cannot ground ethics in eudaimonia as Nussbaum suggests it does. Nor does it treat virtue as a means to eudaimonia as Kant thought. Furthermore, Aristotle denies that ethics can be grounded at all. Instead, he suggests that arguments persuade only those who (...) have been properly habituated. ;The dissertation defends the relevance of Aristotle's ethics by arguing against some of the central challenges raised against it. First, Aristotle's argument in the Ethics need not presuppose an outdated metaphysical biology. Rather, he starts by analyzing the teleological structure of human action. Second, although Aristotle does not remove the tension between the contemplative and the ethical life, he argues convincingly that they can and must coexist in every complete human life. Third, even though Aristotle allows for more paternalism than do most contemporary thinkers, he still makes autonomy a necessary part of eudaimonia. Fourth, once we understand that Aristotle is not grounding ethics in eudaimonia, we see that many of Kant's criticisms of eudaimonistic ethics do not apply to him. Nevertheless, important disagreements remain, and the dissertation suggests that one important difference concerns the nature of inclinations and thus is psychological rather than ethical. Finally, the dissertation examines Nussbaum's attempt to create an Aristotelian ethics. It objects to her interpretation of Aristotle, and it also questions her project of grounding ethics in eudaimonia. ;The dissertation concludes that according to Aristotle, ethics cannot be grounded in anything other than the idea of what is intrinsically valuable, an idea which we acquire through habituation. It also suggests that Aristotle's ethics can withstand the objections that have been discussed. Indeed, it argues that Aristotle's ethics, which derives the virtues from an analysis of rational action and which gives inclinations a crucial role in moral action, is both viable and attractive. (shrink)

Claims concerning the death of the nation-state are often accompanied by postnationalist arguments that emphasize the potential of human rights to contest nation-bounded conceptualizations of membership. Conversely, arguments focusing on the continuing importance of state-bounded social citizenship rights undermine such postnationalist claims. To assess these claims, this article turns to the Irish state and its prohibition of abortion except in cases where the life of the pregnant woman is in danger. The authors focus their analysis on four legal cases that (...) unfolded between 1992 and 2010. These cases reflect how specific women’s social location within interconnected power hierarchies of nationality, gender, class, race/ethnicity positioned them differently vis-a-vis the Irish state, international and supranational bodies. Furthermore, the transnational, in the form of immigration, non-governmental organizations and the Catholic Church, plays an important role in structuring the context within which these cases unfold. Rather than showing that the international, supranational and transnational are conduits for the declining power of the nation-state, this article finds that in the increasingly dense legal-political field there is room for all of these forces. (shrink)