The distinctive role played by William Eden in the penal reform debate of the late eighteenth century is examined and his emphasis on leniency in the exercise of punishment is identified. Eden is found to have introduced the notion of ‘public virtue’ into a rights theory paradigm and the implications of this development are explored. Eden's contribution to English penal theory is illustrated by a comparison of his position with those of other leading theorists of the period, and the extent (...) to which Eden's ideas affected English practices of punishment is assessed. (shrink)

This paper reports the introduction of electronic handsets, like those used on the television show 'Who Wants To Be A Millionaire?' into the teaching of philosophical logic. Logic lectures can provide quite a formidable challenge for many students, occasionally to the point of making them ill. Our rationale for introducing handsets was threefold: to get the students thinking and talking about the subject in a public environment; to make them feel secure enough to answer questions in the lectures because the (...) system enabled them to do this anonymously; and to build their confidence about their learning by their being able to see how they were progressing in relation to the rest of the students in the class. We have achieved all of these and more. Our experience has revealed that the use of handsets encourages a more dynamic form of student interaction in an environment - the lecture - that can, in the wrong hands, be utterly enervating, but they also provide an opportunity for the lecturer to respond to students' difficulties at the time when they really matter. In this paper, we discuss our case of rapid adoption, our grounds for judging it a success, and what that success seems to have depended on. (shrink)

This paper discusses the views of 17 healthcare practitioners involved with transplantation on the ethics of live liver donations . Donations between emotionally related donor and recipients increased the acceptability of an LLD compared with those between strangers. Most healthcare professionals disapproved of altruistic stranger donations, considering them to entail an unacceptable degree of risk taking. Participants tended to emphasise the need to balance the harms of proceeding against those of not proceeding, rather than calculating the harm-to-benefits ratio of donor (...) versus recipient. Participants’ views suggested that a complex process of negotiation is required, which respects the autonomy of donor, recipient and HCP. Although they considered that, of the three, donor autonomy is of primary importance, they also placed considerable weight on their own autonomy. Our participants suggest that their opinions about acceptable risk taking were more objective than those of the recipient or donor and were therefore given greater weight. However, it was clear that more subjective values were also influential. Processes used in live kidney donation were thought to be a good model for LLD, but our participants stressed that there is a danger that patients may underestimate the risks involved in LLD if it is too closely associated with LKD. (shrink)

This book is animated by a shared conviction that philosophy of religion needs to change: thirteen new essays suggest why and how. The first part of the volume explores possible changes to the focus of the field. The second part focuses on the standpoint from which philosophers of religion should approach their field. In the first part are chapters on how an emphasis on faith distorts attempts to engage non-western religious ideas; on how philosophers from different traditions might collaborate on (...) common interests; on why the common presupposition of ultimacy leads to error; on how new religious movements feed a naturalistic philosophy of religion; on why a focus on belief and a focus on practice are both mistaken; on why philosophy's deep axiological concern should set much of the field's agenda; and on how the field might contribute to religious evolution. The second part includes a qualitative analysis of the standpoint of fifty-one philosophers of religion, and also addresses issues about humility needed in continental philosophy of religion; about the implausibility of claiming that one's own worldview is uniquely rational; about the Moorean approach to religious epistemology; about a Spinozan middle way between 'insider' and 'outsider' perspectives; and about the unorthodox lessons we could learn from scriptures like the book of Job if we could get past the confessional turn in recent philosophy of religion.The goal of the volume is to identify new paths for philosophers of religion that are distinct from those travelled by theologians and other scholars of religion. (shrink)

Medical student learning is dependent on an unwritten agreement between patients and the medical profession, in which students “practise” upon real patients in order that, when they are doctors, those same patients will benefit from the doctors’ skills. Given the increasing propensity for patients to refuse to take part in such learning, there is a danger that doctors will qualify without being truly competent. As patients, we must all ask ourselves, when asked to take part in medical teaching: if this (...) student/trainee doesn’t learn now, on me and under supervision, how will the person be truly competent next time, when this is for real, and the patient might be me or my loved one?We argue that a new and more explicit agreement is needed, in which the default should be that all patients are willing to help in the education of medical students, while we ensure that all such students are already competent in simulation before first practising upon real patients. (shrink)

Many strategies have been proposed to address the supply of bespoke essays and other assignments by companies often described as ‘Essay Mills’ with the act of supply and use being invariably described as ‘contract cheating’. These proposals increasingly refer to the law as a solution in common with other action. In this article, the lead author revisits work undertaken in 2016 as a result of recent legal and extra-legal developments to assess whether the UK Fraud Act (2006) might now be (...) used to tackle some of the activities of the companies involved, by comparing their common practises, and their Terms and Conditions, with the Act. It was previously found that all sites have disclaimers regarding the use of their products but there were some obvious contradictions in the activities of the sites which undermined those disclaimers, for example plagiarism-free guarantees for the work. In this article, we ask and consider the question whether this is still the case having regard to the impact of a change in the law by the UK supreme court and recent action of the UK Advertising Standards Authority. We also consider whether a call for a new offence to be created which specifically targets the undesirable behaviours of these companies is still justified. (shrink)

The phenomenon of contract cheating presents, potentially, a serious threat to the quality and standards of Higher Education around the world. There have been suggestions, cited below, to tackle the problem using legal means, but we find that current laws are not fit for this purpose. In this article we present a proposal for a specific new law to target contract cheating, which could be enacted in most jurisdictions.We test our proposed new law against a number of issues that would (...) need to be considered before any legal approach could be successful; would changing the legal status of contract cheating make it less likely to happen? Could this be achieved in a specific way? If so, who should actually be prosecuted and what offence are they committing? Would it actually address the causes of contract cheating? We suggest some answers to these questions, but then also identify a number of unintended potential consequences. We therefore additionally consider whether a legal approach is possible or even desirable.We conclude that a legal approach to contract cheating is possible, and, on balance, appropriate. Using UK law as an example, we offer a specific suggestion to lawmakers, around the world, for how this might be achieved, and conclude that the most successful approach would be to focus largely on a law targeting the providers of contract cheating, in particular commercial services. (shrink)

Most academic papers on ethics in pandemics concentrate on the duties of healthcare professionals. This paper will consider non-professional healthcare workers: do they have a moral obligation to work during an influenza pandemic? If so, is this an obligation that outweighs others they might have, e.g., as parents, and should such an obligation be backed up by the coercive power of law? This paper considers whether non-professional healthcare workers—porters, domestic service workers, catering staff, clerks, IT support workers, etc.—have an obligation (...) to work during an influenza pandemic. It uses data collected as part of a study looking at the attitudes of healthcare workers to working during a pandemic to suggest the philosophical arguments explored. These include: being in a position to do good, the ethics of work, competing obligations to family members and in particular to children and the obligations of citizens in a state of national emergency. We also look at whether compulsory measures are justified to support a national health service during a health emergency. We conclude that even if they are, compulsion should not be restricted to non-professionals who happen to be working in the health service at the time. Rather, compulsion involving a larger pool of people with the relevant skills and abilities is more equitable. (shrink)

The impact of Beccaria's On Crimes and Punishments on English discussions of punishment in the twenty-five years following its publication is assessed, with attention being paid to Beccaria's combination of contractarian and early utilitarian thinking. It is argued that Beccaria's influence was particularly striking in England in that he stimulated two disparate strands of reform thinking. The first being exemplified in the work of William Eden, and taking the form of a contractarian, humanitarian version, which owed something to William Blackstone, (...) but was ultimately quite distinct. The second represented in Jeremy Bentham's theory of punishment with its emphasis overwhelmingly on utilitarian calculation. (shrink)

This paper pr o vides an o v e r vi e w of the themes presented in Bentha m ' s w ork Scotch Reform -a n e w w ork being prepared for pu b lication from Bentha m ' s manuscripts b y Oxford Un i v ersity Press as pa r t of the Collected Works of Jeremy Bentham. Attention is focused on the relationship bet w een the system of l e g al procedure proposed (...) and the under l ying principle of utili t y . T w o issues are highlighte d , the nature of Bentha m ' s anti-nomian thesis for c i vil cou r ts and the parad o x of requiring restraint on the judicial control of c i vil procedure, w hilst simultaneous l y rem o ving all r ules of action and all o wing increased judicial discretion. (shrink)

Healthcare workers are often assumed to have a duty to work, even if faced with personal risk. This is particularly so for professionals. However, the health service also depends on non-professionals, such as porters, cooks and cleaners. The duty to work is currently under scrutiny because of the ongoing challenge of responding to pandemic influenza, where an effective response depends on most uninfected HCWs continuing to work, despite personal risk. This paper reports findings of a survey of HCWs conducted across (...) three National Health Service trusts in the West Midlands, UK, to establish whether HCWs’ likelihood of working during a pandemic is associated with views about the duty to work. The sense that HCWs felt that they had a duty to work despite personal risk emerged strongly regardless of professional status. Besides a strong sense that everyone should pull together, all kinds of HCWs recognised a duty to work even in difficult circumstances, which correlated strongly with their stated likelihood of working. This suggests that HCWs’ decisions about whether or not they are prepared to work during a pandemic are closely linked to their sense of duty. However, respondents’ sense of the duty to work may conflict with their sense of duty to family, as well as other factors such as a perceived lack of reciprocity from their employers. Interestingly, nearly 25% of doctors did not consider that they had a duty to work where doing so would pose risks to themselves or their families. (shrink)

In Darwin’s Black Box, Michael J. Behe argues that, because certain biochemical systems are both irreducibly complex and very complex, it is extremely unlikely that they evolved gradually by Darwinian mechanisms, and so extremely likely that they were intelligently designed. I begin this paper by explaining Behe’s argument and defending it against the very common but clearly mistaken charge that it is just a rehash of William Paley’s design argument. Then I critically discuss a number of more serious objections to (...) the argument. I conclude that, while Behe successfully rules out some Darwinian paths to the biochemical systems he discusses, others remain open. Thus, his argument against Darwinian gradualism (and ipso facto his argument for intelligent design) is at best incomplete. (shrink)

This paper summarizes J.L. Schellenberg’s trilogy on the philosophy of religion. In the first book, Prolegomena to a Philosophy of Religion, Schellenberg analyzes basic concepts in the philosophy of religion. In the second, The Wisdom to Doubt, he rejects theism but defends skepticism about both naturalism and a very general religious position that he calls “ultimism.” And in the third book, The Will to Imagine, Schellenberg argues that rationality requires ultimistic faith.

The main focus of this book is on philosophy of religion-in-general instead of on the philosophy of a particular religion or family of religions. For example, in the first of four main parts of the book, J. L. Schellenberg and Robert McKim write chapters on future progress in religion. Hopefully, their efforts will jump-start work in the field on this important but neglected topic. The next part of the book (as well as the book's final chapter) addresses the issue of (...) life after death. Mark Johnston follows the demands of morality wherever they lead, and arrives at a highly original conception of the after- (or elsewhere-) life, one that involves neither the resurrection of the body nor the survival of an immaterial soul. Dean Zimmerman, in his chapter, makes it clear that he will not be joining Johnston on this trip, though in some sense he arrives at the same destination by a different route. In the third part of the book, Mark Murphy pursues a highly unconventional approach to the problem of evil: he tries to solve it by denying that an absolutely perfect being must be morally perfect. Laura Ekstrom pushes back, arguing that a perfect God would have, not only justifying, but requiring reasons to prevent setbacks to the well-being of Her sentient creatures. The final part of the book, which consists of three chapters, addresses an additional topic in the philosophy of religion-in-general, namely, alternative concepts of God. Tim Mulgan defends a disjunction of two positions, one of which involves a conception of God that is very much like Murphy's, and the other of which, a form of axiarchism, is similar in some ways (but dissimilar in others) to the conception of God defended by Fiona Ellis in the chapter following Mulgan's. Although Mulgan, unlike Murphy, claims that the God he describes is morally perfect, he would agree with Murphy that God is not motivated by any moral requirements to prevent setbacks to our well-being. Ellis is unhappy with Mulgan's spin on classical theism in part because of its commitment to supernaturalism. Both she and Paul Draper, in the final two chapters of the book, attempt to articulate ideas of God that are compatible with the naturalism that some believe will guide religion into the future instead of signing its death warrant. However, Ellis and Draper pursue their common goal in opposite ways, Ellis by making God more abstract than Mulgan's God and Draper by making God more concrete. (shrink)

Introduces an issue of Topoi on the topic, "Is theism a theory?" The issue contains articles by William J. Wainwright, D. Z. Phillips, William P. Alston, Stephen J. Wykstra, Stephen Maitzen, and James F. Sennett.

My colleagues and I in Birmingham are always on the lookout for an undergraduate textbook for our medical students, which was why I agreed to review this book. By and large it is pitched at an undergraduate audience and covers many of the areas that one might expect to find in a UK undergraduate medical course (consent, making decisions for the incompetent, end-of-life issues, beginning-of-life issues, research, transplantation and medical genetics). It also has a chapter on managed care, which is (...) less relevant to a UK audience but is interesting none the less. (The case study for the chapter on James Adams who, it is alleged, lost both his hands and feet as a …. (shrink)

Reviews the book, The psychology of human possibility and constraint by J. Martin and J. Sugarman . This wide-ranging, compact, dense, yet very readable little book presents many of the key elements of a badly needed, more credible philosophy of social science for academic and professional psychologists. The book gives no specific examples of theories or research findings that might illustrate what is meant by a better kind of "knowledge" or "theory" in psychology, so the reader is left somewhat high (...) and dry concerning this question. Perhaps it is simply the case that these questions about what might be the best kind of social and psychological inquiry and what sense to make of the plethora of theories and findings to date, are difficult, murky, and on the frontier of a hermeneutic reenvisioning of psychology. 2012 APA, all rights reserved). (shrink)

We only see Mars from Earth's perspective in the first season of The Expanse, but Season 2 changes that by introducing Gunnery Sergeant Bobbie Draper, a Martian Congressional Republic Navy (MCRN) marine. Mars as seen by Martians resembles our Mars: ruddy, rocky, dusty, inhospitable, and cold. This chapter focuses on Draper and the Mars Congressional Republic (MCR). What is striking about the culture of the MCR is how naturally it flows from contemporary visions of space exploration, especially those (...) from the Apollo era forward. For somewhat more specific examples, the chapter considers the “Statement of Philosophy” of the National Space Society, another well‐known space advocacy organization in the US. The MCR's commitment to terraforming Mars demonstrates that its future depends “upon the progress of science and technology.”. (shrink)

What we call “the evidential argument from evil” is not one argument but a family of them, originating (perhaps) in the 1979 formulation of William Rowe. Wykstra’s early versions of skeptical theism emerged in response to Rowe’s evidential arguments. But what sufficed as a response to Rowe may not suffice against later more sophisticated versions of the problem of evil—in particular, those along the lines pioneered by Paul Draper. Our chief aim here is to make an earlier version of (...) skeptical theism more responsive to the type abductive atheology pioneered by Draper. In particular, we suggest a moderate form of skeptical theism may be able to resist Draper’s abductive atheology. (shrink)

The papers of Burley and Harris, and Draper and Chadwick, in this issue, raise a problem: what should doctors do when patients request an option which is not the best available? This commentary argues that doctors have a duty to offer that option which will result in the individual affected by that choice enjoying the highest level of wellbeing. Doctors can deviate from this duty and submaximise--bring about an outcome that is less than the best--only if there are good (...) reasons to do so. The desire to have a child which is genetically related provides little, if any, reason to submaximise. The implication for cloning, preimplantation diagnosis and embryo transfer is that doctors should only produce a clone or transfer embryos expected to enjoy a level of wellbeing which is less than that enjoyed by other children the couple could have, if there is a good reason to employ that technology. This paper sketches what might constitute a good reason to submaximise. (shrink)

Since Bennett, Draper, and Frith published a paper in this journal in 2000 considering the possible criminalisation of HIV transmission, an important legal development has taken place. February 2001 saw the first successful United Kingdom prosecution for the sexual transmission of disease for over a century, when Stephen Kelly was convicted in Glasgow of recklessly injuring his former girlfriend by infecting her with HIV. Whether English criminal law can apply criminal penalties in such a case, however, still remains uncertain.This (...) paper, in addition to providing some background to the Kelly case, briefly explores the current possibilities for prosecution under English law. It then proceeds to outline and comment on the issues relevant to criminalisation, responding in part to points made by Bennett, Draper, and Frith and also by Bird and Leigh Brown in a recent article in the British Medical Journal. (shrink)

We inhabit a world in which the market is a dominant institutional form of social organization. This influence is not without its critics, and there is considerable debate amongst political philosophers and policy-makers about whether the range of the market should expand or contract and, further, about the extent to which the market should be subject to constraints and government regulation. The expansion of the market into realms hitherto unknown is the theme of a number of recent books, including Michael (...) Sandel's What Money Can't Buy and Debra Satz's Why Some Things Should Not Be for Sale, which build on earlier work by, amongst others, Elizabeth Anderson, Margaret Jane Radin, and Michael Walzer. (shrink)

A number of recent papers have described the successful derivation of egg and sperm precursor cells from mouse embryonic stem cells—so-called “artificial” gametes. Although many scientific questions remain, this research suggests numerous new possibilities for stem cell research and assisted reproductive technology, if a similar breakthrough is achieved with human embryonic stem cells. The novel opportunities raised by artificial gametes also prompt new ethical questions, such as whether same-sex couples should be able to access this technology to have children who (...) are genetically related to them both.THE CREATION OF “ARTIFICIAL” GAMETESOver the past two years, a number of papers have been published detailing the first successful attempts at differentiating mouse embryonic stem cells into egg1 and sperm2 precursor cells. Previously, researchers had used embryonic stem cells to generate tissues such as brain, liver, and pancreatic cells, but not germ cells of any kind. Production of gamete precursor cells was achieved initially through allowing stem cell lines to differentiate more or less randomly, but recent research has focused on identifying the precise ways in which differentiation into gametes can be precipitated and controlled. These breakthroughs make it seem likely that ongoing research on human stem cells will yield similar possibilities,3 raising questions over the practicalities of what might be achieved with such “artificial” gametes. In turn, the novel opportunities presented by artificial gametes raise a number of ethical concerns.The initial breakthrough, namely the obtaining of egg cells from mouse stem cells, was achieved by means of relatively simple science. Rather than coaxing stem cells to develop into eggs using complicated cocktails of growth factors, researchers adopted standard cell culture conditions, but grew the cells at higher density than usual.3–6 Growing the cells in this way led to the formation of ovary-like cell aggregates, which (when separated and stimulated with …. (shrink)

Spinoza’s Ethics must contain some of philosophy’s most baffling statements. All things are animate; the order and connection of ideas is the same as the order and connection of things: what would I be committed to in agreeing with these doctrines? His austere mode of exposition, sparing of illustrations and discursive explanations, ensures that any answer must be highly speculative.His weakness for dark sayings seems to have communicated itself to some of his best-known commentators. Of course where a philosopher’s thought (...) is itself opaque one would be unreasonable to expect lucidity in a commentator’s exposition of it. However he has been described as holding puzzling, to my mind unintelligible opinions on subjects concerning which, as far as I can see, his own statements more naturally suggest a much clearer and more comprehensible interpretation. There are problems enough in understanding his thought without adding needlessly to the list. I think there has been such an addition in discussion of his doctrines about the causal relationship between God and finite creatures, and this paper is devoted to suggesting another account of his thought on that topic which combines, I think, the advantages of being more intelligible and a more natural construction to place on his own statements, than the set of opinions generally laid at his door. (shrink)

C. A. J. Littlewood approaches Seneca's tragedies as Neronian literature rather than as reworkings of Attic drama, and emphasizes their place in the Roman world and in the Latin literary corpus. The Greek tragic myths are for Seneca mediated by non-dramatic Augustan literature. In literary terms Phaedra's desire, Hippolytus' innocence, and Hercules' ambivalent heroism look back through allusion to Roman elegy, pastoral, and epic respectively. Ethically, the artificiality of Senecan tragedy, the consciousness that its own dramatic worlds, events, and people (...) are literary constructs, responds to the contemporary Stoical dismissal of the public world as mere theatre. (shrink)

This is a surprisingly good book. Published by Longmans in Great Britain as part of a series on "Education Today," it provides a very lucid and cogent first glimpse at the discipline of the philosophy of religion. The author's perspective is derivative of the analytic school, but what makes the book so valuable is that Goodall relates linguistic distinctions to Biblical categories. The author makes it obvious that he is a believer and authenticates the conviction that one can be a (...) believer and still sound like Flew or Ryle. The influence of Ian T. Ramsey comes through loud and clear. Goodall presents his proofs for the validity of religious statements with clarity and vigor. Worth the price of the book alone is Goodall's discussion of Lear's "The pobble who had no toes."--W. A. J. (shrink)

Albert O. Hirschman was a development economist and political theorist whose work is essential reading for anyone interested in understanding how economic life figures in the political worlds we inhabit and the ways in which we give meaning to our lives in market-based societies. Perhaps best known for the distinction between 'exit' and 'voice', Hirschman was a prolific theorist who wrote about the role individual moral virtue and individual self-interest should play in economic activity, how economic growth in the developing (...) world might best be achieved, and the reactionary rhetoric of neo-conservative politicians in the late 1980s, to list but some of the areas he covered. Hirschman's writing was elegant; further, he understood the importance of the well-chosen word. He was, as this new biography by Jeremy Adelman shows, an economist for whom the essays of Montaigne were as important as the writings of Ricardo and Smith. (shrink)

Jason Stanley argues in his new book that propaganda is more prevalent within liberal democracies - and is of far greater concern - than is typically assumed. Indeed, Stanley suggests that the very idea that propaganda only proliferates within authoritarian regimes, which have ministries set aside for its production, is a central tenet of the propaganda of the West. Stanley's aim in this book is to outline the distinctive features of propaganda within a liberal democracy. On his account, the 'flawed (...) ideology' of vested and powerful interest groups undermines the genuinely valuable ideals at the heart of the democratic project; this is what he refers to as 'demagogic propaganda'. Although I am highly sceptical of the argumentative strategies Stanley employs, the book raises significant issues about the extent to which public debates in countries like the United States and Australia involve distorted conceptions of what democratic principles properly entail. Criticisms of the undemocratic and illiberal nature of political processes within liberal democracies are of course common on the left. Two key features set Stanley's work apart from much of that literature. First, he regards democratic principles as genuinely valuable and does not dismiss them as 'mere reactionary claptrap', as many in the New Left did forty years ago. Second, and more significantly, his intellectual background is highly unusual. Stanley is an analytic philosopher whose training was primarily in epistemology and formal semantics rather than in social theory or political philosophy. This is uncommon, since most analytic philosophers who are focused on epistemology and similar issues avoid political questions, a reticence of which Stanley does not approve. Indeed, the book is driven, as he says, by a profound sense of regret that analytic philosophy has surrendered many of its central questions to sociology and social theory. (shrink)

Over the past 50 years, we have witnessed a revolution in the organisation and social understanding of elite sport. Elite sport has been commercialised. Top-level athletes have become professionals who often receive remarkable levels of income and sporting events, such as the World Cup, are multi-billion dollar exercises that attract enormous levels of sponsorship. Many sports, such as cricket, have been substantially revamped in order to make them more appealing to mass audiences and, accordingly, more beneficial to sponsors and many (...) clubs, such as Manchester United, have become corporations in their own right. (shrink)

Invisible Hand accounts of the operations of the competitive market are often thought to have two implications for morality as it confronts economic life. First, explanations of agents economic activities eschew constitutive appeal to moral notions; and second, such moralism is pernicious insofar as it tends to undermine the operations of a socially valuable social process. This is the Mandevillean Conceit. The Conceit rests on an avarice-only reading of the profit-motive that is mistaken. The avarice-only reading is not the only (...) way of characterising the profit-motive, and there are some positive grounds for thinking the benefits of profit pursuit are better attributed to the "lucrephile", and not the avarice-only "lucrepath". (shrink)