The rule that a patient should give a free, fully-informed consent to any therapeutic intervention is traditionally thought to express merely a right of the patient against the physician, and a duty of the physician towards the patient. On this view, the patient may waive that right with impugnity, a fact sometimes expressed in the notion of a right not to know. This paper argues that the rule also expresses a duty of the patient towards the physician and a right (...) of the physician against the patient. The argument turns, first, on the truism that a physician has no obligation to commit a battery, or unauthorized touching, and, second, on the thesis that a patient necessarily cannot consent to something that is unknown to him. The conclusion is drawn that a patient is not free to receive treatment voluntarily without knowledgeably authorizing it. CiteULike Connotea Del.icio.us What's this? (shrink)

This volume contains all of the presidential addresses given before the American Society for Value Inquiry since its first meeting in 1970. Contributions are by Richard Brandt*, Virgil Aldrich*, John W. Davis*, the late Robert S. Hartman*, James B. Wilbur*, the late William H. Werkmeister, Robert E. Carter, the late William T. Blackstone, Gene James, Eva Hauel Cadwallader, Richard T. Hull, Norman Bowie*, Stephen White*, Burton Leiser+, Abraham Edel, Sidney Axinn, Robert Ginsberg, Patricia Werhane, Lisa M. Newton, (...) Thomas Magnell, Sander Lee, John M. Abbarno, Ruth Miller Lucier, and Tom Regan*. Autobiographical sketches* by all of the living contributors and one recently deceased, biographical statements of the remainder, together with photographic portraits of all the contributors*, make this volume a unique record of value inquiry during the past quarter century. __. (shrink)

The American philosophical Association was founded in 1900 to promote the exchange of ideas among philosophers and to facilitate the professional work and teaching of philosophers. Having grown from a few hundred members to over 10,000, the APA is one of the largest philosophical societies in the world and the only American philosophical society not devoted to a particular school or philosophical approach. In 1999, in anticipation of its centennial, the APA authorized philosopher Richard T. Hull to begin (...) collecting and publishing the presidential addresses delivered over the course of the twentieth century. The first five volumes, covering the years 1901 to 1950, have now been published and are available exclusively from Prometheus Books. Besides the presidential addresses, each volume contains biographies and photographs of the APA presidents, a list of their birthplaces, a chronology of the APA, a list of presidents per decade, a list of universities and colleges closely associated with each president, and name and subject indices. A total of eleven volumes are planned to complete the collection, the final volume being devoted to historical essays in 20th-century American philosophy. This unique record of the development and leadership of American philosophy during its flowering in the twentieth century will complement the libraries of both professional philosophers and interested nonprofessionals. (shrink)

Good Morning! When I was asked to talk on the subject of Dying in America at a breakfast meeting, It occurred to me that I might get to make some wisecracks about how we eat, at a breakfast where we would be served croissants, butter, sausage and eggs, and berries served with Devonshire cream: certainly the most tasteful form of dying in America! Nor have we been disappointed: quiche and ham should do quite nicely. Then, after last Tuesday’s election, someone (...) approached me and asked if my talk was gong to be on Democratic Party politics. I suppose the title “Dying in America: might fit that subject very nicely! Another wag asked whether I was going to discuss the Buffalo Bills’ current football season . . . . All of these possible applications of the phrase “Dying in America” point to the enormous importance we attach to the idea of dying, and the ways we use that idea in our very metaphorical language. That kind of richness of language is a sure sign, as Joseph Campbell would remind us, that culturally pervasive myths are constructed around the idea of dying. Now, I don’t intend to talk about Campbell’s views at all today, and I will avoid a short course on myths. But I will make just one or two observations about myths so that you are not uncomfortable with my later use of the term. For one of our myths about myths is that, in this educated and scientifically literate society, we don’t have any myths; myths are supposed to be the glue of fictional beliefs that holds primitive societies together, and we certainly are not primitive. Well, let me explain how I intend to use the idea of myth to illuminate some of our values and practices associated with the idea of dying in America. First, by a myth I mean a culturally pervasive set of beliefs and values that tends to center on a single, simple archetypal image or scenario. And second, by calling something mythic I mean to invoke perhaps a number of myths operating as a cluster of culturally important determinants of attitudes and behaviors.. (shrink)

In the May, 1960, issue of the American Bar Association Journal (vol. 499), Morton Birnbaum, a lawyer and physician, argued for a legal right to psychiatric treatment of the involuntarily committed mentally ill person. In the 18 years since his article appeared,, there have been several key court cases in which this concept of a right to psychiatric treatment has figured prominently and decisively. It is important to note that the language of the decisions have had at least an indirect (...) effect in the recently enacted mental Hygiene Law of the State of New York. While I shall not seek to establish the historical thesis that Birnbaum’s article has been efficacious in bringing about both these court decisions and changes in statutory laws, I do want to examine Birnbaum’s article and some of the opinions for three cases: Wyatt v. Stickney (1972), Wyatt v. Aderholt (1974), and O’Connor v. Donaldson (422 US 563, 1975), in an effort to understand both the significance of these changes in our laws and the underlying philosophical and ethical notions of which they are an expression. Birnbaum observed that the notable feature of the legal situation at the time was that there had not been recognized a constitutional requirement that one who had been institutionalized for mental illness according to due process must receive treatment. Birnbaum argued that the effects of an omission of such a requirement to treat were that mental institutions typically offered only custodial care, that patients who were held only under custodial care typically did not improve, and that the result was that involuntary incarceration in a mental institution was, at least from the point of view of the patient, functionally no different than would be imprisonment for an unspecified period of time. Birnbaum argued for a recognition and enforcement in the courts of the right to treatment “...as a necessary and overdue development of our present concept of due process of law,” i.e., as required by the 14th Amendment to the U.S.. (shrink)

AUTOBIOGRAPHICAL SKETCH In the late I wrote some articles defending a kind of Westermarckian view of the sources of moral judgments, and became interested ...

This work is a publication of a manuscript left unfinished at his death by the author. From the time of their conversations in 1936, William Henry Werkmeister has studied the phenomenon of Martin Heidegger's thought and the critical literature commenting on it. During a period spanning 36 years, Werkmeister wrote some nine articles and reviews about his findings. He turned to other interests, but the Heidegger phenomenon continued to reside at the back of his mind. At age ninety, Werkmeister set (...) out once again to write a work that would unify Heidegger's thought, clarify a number of its essential features, place Heidegger's chief works in an order that corresponds to the time line of his thought, critically appraise the development of his thought against the work of other German philosophers, and assess the question of Heidegger's alleged Nazi sympathies. (shrink)

Documents a decade that saw the Association begin negotiations to merge with the Western Philosophical Association that later led to the original organization becoming the Eastern Division of an expanded Association, and a world war that divided friends and colleagues across both geographical and political lines. The addresses, therefore, take on internal and external politics and are often tinged with tragedy. The topics include the problem of transcendence, Bergson and pragmatism, time and the experience of time, the ethics of states, (...) the doctrinaire in a time of crisis, the psychology of punitive justice, art and the democracy, the social significance of education, and the attack on the state. Biographical sketches and photographs are provided for the speakers. Annotation copyrighted by Book News, Inc., Portland, OR. (shrink)

This book traces the further development and emergence of American philosophy, particularly Naturalism and Pragmatism, against the backdrop of still-dominant Hegelian philosophy, during the third decade of the 20th century, through the addresses and biographies of the presidents of its oldest and largest philosophical society. Of special interest is the previously unpublished presidential address of Henry Walgrave Stewart, second president of the Pacific Division of The American Philosophical Association. The work contains the biographies, photographs, and addresses of 24 past presidents, (...) and photographs and addresses of others. No other publication has collected the presidential addresses of this, the largest society of philosophers, during its third decade of existence, and in no other publication are the biographies and photographs of all of its presidents available. While some histories of this period in 20th century American philosophy have been written, and while some collections of articles by philosophers exist which include writings of some of these individuals, none has concentrated on a representation of the leadership of. (shrink)

on the part of physicians are most welcome and not to be disputed. If widely implemented, they should substantially improve the atmosphere of relations between patients and physicians. So, what, if anything, is to be said about his diagnoses and prescriptions, other than "Right on!?".

On October 26, 1984, Dr. Leonard Bailey and the transplant team of Loma Linda University Medical Center in California operated on a five-pound baby girl born a few weeks earlier with hypoplastic left heart syndrome. In babies born with this defect the left side of the heart is much smaller than the right and is unable to pump sufficient blood to sustain life for more than a few weeks. This rare defect occurs about once in every 12,000 live births; it (...) accounts for about a quarter of all cardiac deaths of newborns. In an operation known as a xenograft, involving cross-species transplantation of an organ, Dr. Bailey removed the defective heart from the baby and replaced it with the heart of a baboon. (shrink)

In this age of interdisciplinary interaction, we probably owe one another disclosures of our qualifications for commenting on each other’s profession. And you might well wonder why a philosopher would be asked to address this distinguished society of professiona l geologists. So, let me give what information I can about my qualifications to talk this evening about, of all things, the ethics of water geology.

v. 1. A-C -- v. 2. D-J -- v. 3. K-Q -- v. 4. R-Z.

This presentation is designed to stimulate philosophers' interest in the Allied Health Professions, as areas of inquiry appropriate to philosophical reflection and particularly rewarding to those with a major focus on value and its experience. With their careful attention to the ways in which value is present in human experience, their second-order principles for designating priority relations among conflicting values, their ability to transfer the results of sustained inquiry into issues of responsibility and decision making from one context to another, (...) philosophers should find the study of the Allied Health Professions rewarding and fulfilling. But with the longstanding commitment to education and the new commitment to applied ethics and values represented by the emergence of institutes and centers devoted to value inquiry in the many professions, philosophers will find these fields increasingly receptive to measured overtures to integrate the humanistic concerns of philosophy into the Allied Health Science curriculum. Attention to the nature and theory of the activities of the Allied Health Professions may also serve to limit the hegemony of medicine in bioethics courses and texts, and thus better enable teachers of bioethics to assist pre-professional students in understanding their chosen professions as embodying the values about which axiology and ethics theorize. (shrink)

Second, let me offer an apology for not having a handout for this talk. I do have a website that contains most of my talks and published papers, as well as various other ravings collected over thirty-plus years of ruminating, and you are each welcome to visit it and acquire for your own reading pleasure or other legitimate purposes (such as composing refutations of my foolish views) such copies as you may require. Just don’t steal my ideas and misrepresent them (...) as your own! The address is http://www.richard-t-hull.com. This paper should be posted there within the month. (shrink)

My assigned task in today’s colloquium is to review philosophers’ perspectives on the broad question of whether health care rationing ought to target the elderly. This is a revolutionary question, particularly in a society that is so sensitive to apparent discrimination, and the question must be approached carefully if it is to be successfully dealt with. Three subordinate questions attend this one and must be addressed in the course of answering it. The first such question has to do with the (...) issue of justice: how is it fair to target the elderly in achieving reductions in health care costs? Isn’t the proposal, or for that matter, isn’t targeting any age group, morally objectionable as a species of ageism, just as targeting members of a particular race or sex would be racist or sexist? The second subordinate question has to do with the issue of fittingness. Given that we can show in some way that targeting the elderly is not inherently unjust, why would limiting health care to them be a fitting thing for medicine to do? How would it fit, for example, with the traditional commitments of medicine, to sustain life, to relieve suffering, to heal and cure and restore function? And in particular, if medicine has the ability to save and relieve and restore the elderly, why should it replace that set of commitments with a different set for this particular population? The third subordinate question seems political, an arena reserved for one of my speaker colleagues today. There are, I believe, some underlying philosophical dimensions to its answer, and so I will say something about it. The philosophical/political questions is, Given that rationing health care to the elderly is not patently unjust, and given that a case can be made out that the ends of medicine are not violated by such limitation, shy should the elderly, as a group, assent to such a limitation? I want to address these subordinate questions, for I believe them to be the chief stumbling blocks for the possibility of an affirmative answer to our... (shrink)

The philosophical texts of George Berkeley contain many references to the “relativity” of sensible qualities, that is, to their variation when perceived by different observers; and several of his arguments for immaterialism employ this concept. Many interpreters in this century have minimized the significance and impugned the validity of this argument. Warnock ridicules it as a sophism based on a “fantastic assumption,” and Johnston gives it short shrift. Jessop considers the relativity argument an ad hominem insufficient to demonstrate immaterialism. Indeed, (...) both Jessop and Luce so dilute the entire relativity element in Berkeley that, while he remains an idealist, he comes out assenting, in levelheaded fashion, to nearly absolute sensible objects which persist through time and are available to a plurality of perceivers. (shrink)

It is commonly held that there is no place for the 'now’ in physics, and also that the passing of time is something subjective, having to do with the way reality is experienced but not with the way reality is. Indeed, the majority of modern theoretical physicists and philosophers of physics contend that the passing of time is incompatible with modern physical theory, and excluded in a fundamental description of physical reality. This book provides a forceful rebuttal of such claims. (...) In successive chapters the author explains the historical precedents of the modern opposition to time flow, giving careful expositions of matters relevant to becoming in classical physics, the special and general theories of relativity, and quantum theory, without presupposing prior expertise in these subjects. Analysing the arguments of thinkers ranging from Aristotle, Russell, and Bergson to the proponents of quantum gravity, he contends that the passage of time, understood as a local becoming of events out of those in their past at varying rates, is not only compatible with the theories of modern physics, but implicit in them. (shrink)

"This is an excellent textbook on Neoplatonism which gives the reader a very concise and lucid overview of the basic doctrines and leading thinkers of the last great philosophy to emerge before the Christianization of the Roman Empire. I’ve no doubt that my students next semester will benefit from the analyses contained in the book. The contents of the chapters are very informative and adequately place developments in their socio-cultural context." --Michael B. Simmons, Auburn University at Montgomery.

This book gathers together for the first time an important body of texts written between 1672 and 1686 by the great German philosopher and polymath Gottfried Leibniz. These writings, most of them previously untranslated, represent Leibniz's sustained attempt on a problem whose solution was crucial to the development of his thought, that of the composition of the continuum. The volume begins with excerpts from Leibniz's Paris writings, in which he tackles such problems as whether the infinite division of matter entails (...) perfect points, whether matter and space can be regarded as true wholes, whether motion is truly continuous, and the nature of body and substance. Comprising the second section is Pacidius Philalethi, Leibniz's brilliant dialogue of late 1676 on the problem of the continuity of motion. In the selections of the final section, from his Hanover writings of 1677-1686, Leibniz abandons his earlier transcreationism and atomism in favor of the theory of corporeal substance, where the reality of body and motion is founded in substantial form or force.Leibniz's texts (one in French, the rest in Latin) are presented with facing-page English translations, together with an introduction, notes, appendixes containing related excerpts from earlier works by Leibniz and his predecessors, and a valuable glossary detailing important terms and their translations. (shrink)