Writing in 1999, legal ethics scholar Brad Wendel noted that “[v]ery little empirical work has been done on the moral decision making of lawyers.” Indeed, since the mid-1990s, few empirical studies have attempted to explore how attorneys deliberate about ethical dilemmas they encounter in their practice. Moreover, while past research has explored some of the ethical issues confronting lawyers practicing in certain specific areas of practice, no published data exists probing the moral mind of health care lawyers. As signaled by (...) the creation of a regular column “devoted to ethical issues arising in the practice of health law” in the Journal of Law, Medicine & Ethics, the time to address the empirical gap in the professional ethics literature is now. Accordingly, this article presents data collected from 120 health care lawyers. Presenting this population with a number of hypothetical scenarios relating to how they would respond when confronting an ethical dilemma without an obvious solution or when facing a situation in which their personal values were in tension with their professional obligations, this article represents a first step toward better understanding how lawyers who practice in health care settings understand and resolve the moral discomfort they encounter in their professional lives. (shrink)

The empirical literature exploring lawyers and their moral decision making is limited despite the “crisis” of unethical and unprofessional behavior in the bar that has been well documented for over a decade. In particular we are unaware of any empirical studies that investigate the moral landscape of the health lawyer’s practice. In an effort to address this gap in the literature, an interdisciplinary team of researchers at Vanderbilt University designed an empirical study to gather preliminary evidence regarding the moral reasoning (...) of health care attorneys. The primary research question was how health lawyers respond when they encounter ethical or moral dilemmas in their practice for which the law fails to offer a bright-line solution. In exploring this question, we sought to understand better what motivations or influences guide action when health lawyers confront ethical quandaries, and whether there are specific differences, e.g., gender, experience, or religiosity, that are associated with specific responses to situations testing ethical or moral boundaries. (shrink)

Perry Anderson, Edward Palmer Thompson, David Harvey, Moishe Postone, Derek Sayer, Simon Clarke, Robert Brenner, Ellen Meiksins Wood et David McNally : neuf penseurs importants dont l'influence grandissante marque un renouveau de l'apport de l'oeuvre de Marx et de ses successeurs au champ des sciences sociales. Chaque chapitre décrit le parcours intellectuel de l'une de ces figures et analyse sa contribution à une pensée en mouvement, offrant ainsi pour la première fois au public francophone un tour d'horizon des (...) différentes formes du marxisme anglo-saxon contemporain. Hétérogène, ce courant de pensée résolument antidogmatique est traversé de tendances communes telles la critique du réductionnisme économique et une sensibilité accrue aux processus historiques des rapports de domination. Historiens, sociologues, politologues, géographes ou philosophes, les auteurs ici réunis ont chacun à leur manière contribué au vaste chantier théorique de la pensée marxiste et du matérialisme historique, qui continue de s'étendre, un siècle et demi après sa fondation. (shrink)

In this essay, I sketch a preliminary account of philosophical curiosity. Drawing on philosophy of curiosity, philosophy of education, and philosophical pedagogy, I argue first that philosophical curiosity is a set of investigative practices and affects that engage philosophical content and philosophical skills. Turning to critical pedagogy and meta-philosophy, especially via Paulo Freire and Kristie Dotson, I then supplement the preliminary account by arguing that philosophical curiosity is also rooted in existential exploration and communal inquiry. I argue for the necessity (...) of this supplement by showing that, in failing to account for what and who philosophical curiosity is for, we risk excluding diverse practitioners and phenomena from the philosophical enterprise. I then evaluate two pedagogical exercises in philosophical curiosity—the Freedom Schools’ citizenship curriculum and Melissa Shew’s Curiosity Project—in light of this account. I close by considering some objections and implications. (shrink)

American Academy of Pediatrics (AAP) and American College of Medical Genetics (ACMG) recently provided two recommendations about predictive genetic testing of children. The Clinical Sequencing Exploratory Research Consortium's Pediatrics Working Group compared these recommendations, focusing on operational and ethical issues specific to decision making for children. Content analysis of the statements addresses two issues: (1) how these recommendations characterize and analyze locus of decision making, as well as the risks and benefits of testing, and (2) whether the guidelines conflict or (...) come to different but compatible conclusions because they consider different testing scenarios. These statements differ in ethically significant ways. AAP/ACMG analyzes risks and benefits using best interests of the child and recommends that, absent ameliorative interventions available during childhood, clinicians should generally decline to order testing. Parents authorize focused tests. ACMG analyzes risks and benefits using the interests of the child and other family members and recommends that sequencing results be examined for additional variants that can lead to ameliorative interventions, regardless of age, which laboratories should report to clinicians who should contextualize the results. Parents must accept additional analysis. The ethical arguments in these statements appear to be in tension with each other. (shrink)

This book closely examines our commonly held beliefs about human suffering, and offers unique insights into God's role in why we suffer. Dr. Perri critically examines what it means to be human from a Judeo-Christian perspective, and extrapolates from the work of Carl Gustav Jung showing a deeply complex development of human transcendence in human suffering. On an interpersonal level, Dr. Perri elaborates on the work of Martin Buber and Emanuel Levinas and shows how our suffering can be shared and (...) lessened by our unconditionality and presence for the other. Scriptural passages are quoted from both the Hebrew and New Testament texts, and are used to depict the suffering of humankind as seen in the face of Job. It was this face, according to Perri, that Jesus saw in the faces of those He came to redeem, and that ultimately brought Him to the crucifix of redemption. Dr. Perri challenges Sartre's position that our existence precedes our essence, and draws on the work of Abraham Joshua Heschel and Christian theology in this regard. He further elaborates a neurodevelopmental paradigm that creates essence as the basis of our freedom to choose. This book can be read and studied by both professionals in the helping and healing professions, and lay persons seeking to better understand our suffering, and how to better help those who suffer. Dr. Perri offers specific ways in how to be present for those who suffer, how to read and receive the hidden language of human suffering, and how to use silence as a communication skill. (shrink)

The first of the new Theory and History series, Matt Perry's punchy andaccessible volume examines Marxism's enormous impact on the way historians approach their subject. Perry offers both a concise introduction to the Marxist view of history and Marxism historical writing, and a guide to its relevance to students' own work.

In cases in which we must choose between either (i) preventing a woman from remaining unwillingly pregnant or (ii) preventing a fetus from being killed, we should prevent the fetus from being killed. But this suggests that in typical cases abortion is wrong: typical abortions involve preventing a woman from remaining unwillingly pregnant over preventing a fetus from being killed. And so abortion is typically wrong—and this holds whether or not fetuses are persons.

An analysis of the life and teachings of G.I. Gurdjieff from the point of view of the traditional religious and metaphysical doctrines he claimed to represent. (Philosophy).

Introduction to Philosophy, Fourth Edition, is the most comprehensive topically organized collection of classical and contemporary philosophy available. Building on the exceptionally successful tradition of previous editions, this edition for the first time incorporates the insights of a new coeditor, John Martin Fischer, and has been updated and revised to make it more accessible. Ideal for introductory philosophy courses, the text includes sections on the meaning of life, God and evil, knowledge and reality, the philosophy of science, the mind/body problem, (...) freedom of will, consciousness, ethics, and philosophical puzzles and paradoxes. It presents seventy substantial--and in some cases complete--selections from the best and most influential works in philosophy, offering a unique balance between classical and contemporary material. An extensive glossary of philosophical terms is also included. The fourth edition features fifteen new readings, including work by Albert Camus, Roderick M. Chisholm, Daniel Dennett, Harry G. Frankfurt, William Paley, Derek Parfit, John Perry, Richard Taylor, Peter Van Inwagen, Bernard Williams, and Susan Wolf. Part III, Knowledge and Reality, has been restructured and now includes Plato's Thaetetus, selections by Edmund L. Gettier and Robert Nozick, and an essay by Christopher Grau that explores the philosophical concepts presented in the popular film The Matrix. Two new ethics puzzles--"The Trolley Problem" and "Ducking Harm and Sacrificing Others"--are also included. This edition incorporates Study Questions after each reading and is accompanied by an Instructor's CD and a Student Companion Website, both containing helpful resources. (shrink)

The founder of modern linguistics, Ferdinand de Saussure inaugurated semiology, structuralism, and deconstruction and made possible the work of Jacques Derrida, Roland Barthes, Michel Foucault, and Jacques Lacan, thus enabling the development of French feminism, gender studies, New Historicism, and postcolonialism. Based on Saussure's lectures, _Course in General Linguistics_ traces the rise and fall of the historical linguistics in which Saussure was trained, the synchronic or structural linguistics with which he replaced it, and the new look of diachronic linguistics that (...) followed this change. Most important, Saussure presents the principles of a new linguistic science that includes the invention of semiology, or the theory of the "signifier," the "signified," and the "sign" that they combine to produce. This is the first critical edition of _Course in General Linguistics_ to appear in English and restores Wade Baskin's original translation of 1959, in which the terms "signifier" and "signified" are introduced into English in this precise way. Baskin renders Saussure clearly and accessibly, allowing readers to experience his shift of the theory of reference from mimesis to performance and his expansion of poetics to include all media, including the life sciences and environmentalism. An introduction situates Saussure within the history of ideas and describes the history of scholarship that made _Course in General Linguistics_ legendary. New endnotes enlarge Saussure's contexts to include literary criticism, cultural studies, and philosophy. (shrink)

Economic rights - rights to use, possess, exchange, and otherwise dispose of property - are at the centre of some of the most important and fundamental disputes in Western moral and political theory. This book provides a fresh look at assumptions that are sometimes overlooked in debates about capitalism, socialism and the welfare state. Essays in this book by internationally renowned academic lawyers, economists, and philosophers, explore what sort of economic rights people ought to have, how they ought to be (...) conceived of and grounded, and the consequences that would ensue were one system or another set up to ensure them; the related question of the nature of various economic systems and how well they do at guaranteeing such rights are also discussed. (shrink)

This monograph examines the past, present, and potential relationship between American pragmatism and communication research. The contributors provide a bridge between communication studies and philosophy, subjects often developed somewhat in isolation from each other. Addressing topics, such as qualitative and quantitative research, ethics, media research, and feminist studies, the chapters in this volume: *discuss how a pragmatic, Darwinian approach to inquiry has guided and might further guide communication research; *advocate a functional view of communication, based on Dewey's mature notion of (...) transaction; *articulate a pragmatist's aesthetics and connect it to Deweyan democracy; *discuss the similarities and differences between Dewey's notion of inquiry and the philosophical hermeneutics of Hans-Georg Gadamer; *apply accommodation theory, linked to symbolic interactionism and more generally to the social behaviorism of George H. Mead and his followers, to media research; *interpret media-effects evidence in light of pragmatist ideas about inquiry; and *argue that pragmatism theorizes about despair and life's sense of the tragic. This book is written to be readily accessible to students and professional academics within and outside the field of communication studies without extensive training in specialized areas of communication study. (shrink)

The aim of this study was to explore how Belgian nurses view issues related to the development, dissemination and implementation of a code of ethics for nurses. Fifty nurses took part in eight focus groups. The participants stated that, on the whole, a code of ethics for nurses would be useful. They stressed that a code should be a practical and useful instrument developed by nurses for nurses, and that it should be formulated and presented in a practical way, just (...) as educational courses dealing specifically with codes of ethics require a practical approach to be effective. They emphasized that the development of a code should be an ongoing process, enabling nurses to provide input as they reflect on the ethical issues dealt with in the code and apply the code in their practice. Finally, they stressed the need for support at institutional level for the effective implementation of a code. (shrink)

One of HLA Hart's main contributions to jurisprudence is his theory of social rules. Hart said, essentially, that a social rule exists if the members of a society act in some way and have a certain attitude. Most legal philosophers think that Hart's account of this attitude is too general, however, and that his theory is overinclusive as a result. In this article, I draw on recent work in the philosophy of action to propose a more precise account of the (...) relevant attitude, and a revised version of Hart's theory. I claim that a social rule exists if the members of a society act in some way and ‘accept’ they ought to act this way, independent of their beliefs about the matter. One of the implications of this idea is that the attitude that underlies a social rule is closely analogous to a presumption or fiction about what ought to be done. -/- . (shrink)

On the Life of Abraham displays Philo's philosophical, exegetical, and literary genius at its best. Philo begins by introducing the biblical figures Enos, Enoch, Noah, Abraham, Isaac, and Jacob as unwritten laws. Then, interweaving literal, ethical, and allegorical interpretations, Philo presents the life and achievements of Abraham, founder of the Jewish nation, in the form of a Greco-Roman bios, or biography. Ellen Birnbaum and John Dillon explain why and how this work is important within the context of Philo's own (...) oeuvre, early Jewish and Christian exegesis, and ancient philosophy. They also offer a new English translation and detailed analyses, in which they elucidate the meaning of Philo's thought, including his perplexing notion that Israel's ancestors were laws in themselves. (shrink)

In this paper, I argue that a) Cartesian wonder is properly interpreted through Irigaray’s theory of phallic economy and that b) when Cartesian wonder is explicitly reinterpreted through Irigaray’s ethics of sexual difference, it must be considered in the mode of écriture. To support these two contentions, this paper unfolds in five parts. I begin by giving an account of Cartesian wonder and an account of Irigaray’s theory of phallic economy and the ethics of sexual difference. After showing how Cartesian (...) wonder is best read as part of the phallic economy, I turn to develop Cartesian wonder and Irigarayan wonder differently, in the mode of écriture [writing]. In order to do so, I first establish that Cartesian wonder, by virtue of its status as a precondition of rational discourse, is aroused through written things, and then I explore how Irigarayan wonder might best be considered between written entities, between two books as bodies. I thus read Descartes out from Irigaray, then back into and through Irigaray. (shrink)

The texts in this volume offer critical assessments of a number of leading figures in contemporary intellectual life, who are in different ways thinkers at the intersection of history and politics. They include Roberto Unger, advocate of plasticity; the historians of antiquity and of revolution, Geoffrey de Ste. Croix and Isaac Deutscher; the philosophers of liberalism, Norberto Bobbio and Isaiah Berlin; the sociologists of power, Michael Mann and W.G. Runciman; the exponents of national identity, Andreas Hillgruber and Fernand Braudel; the (...) ironists of science, Max Weber and Ernest Gellner; Carlo Ginzburg, explorer of cultural continuity, and Marshall Berman, herald of modernity. A concluding chapter looks at the idea of the end of history, recently advanced by Francis Fukuyama, in its successive versions from the nineteenth century to the present, and considers the situation of socialism today in the light of it. (shrink)

Overview -- Why social workers earn less than accountants : pay equity -- Can you have a job and a life? -- Can a woman do a man's job? -- You want to see my what? : sexual harassment -- Nine to five : not just a movie--the right to organize -- Working other than nine to five : part-time and temporary jobs -- What this nation really thinks of motherhood : welfare reform -- Revaluing women's work outside of work (...) -- How you can help get there. (shrink)

The essays gathered here demonstrate and justify the excitement and promise of cognitive historicism, providing a lively introduction to this new and quickly growing area of literary studies. Written by eight leading critics whose work has done much to establish the new field, they display the significant results of a largely unprecedented combination of cultural and cognitive analysis. The authors explore both narrative and dramatic genres, uncovering the tensions among presumably universal cognitive processes, and the local contexts within which complex (...) literary texts are produced. Alan Richardson's opening essay evaluates current approaches to the study of literature and cognition, locating them on the map of recent literary studies, indicating their most compelling developments to date, and suggesting the most promising future directions. The seven essays that follow provide innovative readings of topics ranging from Shakespeare (Othello, Macbeth, Cymbeline, The Rape of Lucrece) through Samuel Richardson's Clarissa, to contemporary authors Ian McEwan and Gilbert Sorrentino. They underscore some of the limitations of new historicist and post-structuralist approaches to literary cultural studies while affirming the value of supplementing rather than supplanting them with insights and methods drawn from cognitive and evolutionary theory. Together, they demonstrate the analytical power of considering these texts in the context of recent studies of cultural universals, 'theory of mind, ' cognitive categorization and genre, and neural-materialist theories of language and consciousness. This groundbreaking collection holds appeal for a broad audience, including students and teachers of literary theory, literary history, cultural studies, and literature and science studies. (shrink)

Much of the discussion surrounding the ethics of abortion has centered around the notion of personhood. This is because many philosophers hold that the morality of abortion is contingent on whether the fetus is a person - though, of course, some famous philosophers have rejected this thesis (e.g. Judith Thomson and Don Marquis). In this article, I construct a novel argument for the immorality of abortion based on the notion of impairment. This argument does not assume that the fetus is (...) a person - indeed, I concede (for the sake of argument) that the fetus is not a person - and hence the morality of abortion is not contingent on whether the fetus is a person. I finish by answering a plethora of objections to my argument, concluding that none of them are successful. (shrink)

O texto apresenta alguns resultados de pesquisa de mestrado sobre educação quilombola e busca responder como a “escola” presentes na comunidade quilombola Tambaí-Açu, Mocajuba/PA, educam as crianças entre as reproduções ampliadas da vida e as reproduções ampliadas do capital. Trata-se de investigação qualitativa, como base no materialismo histórico-dialético, com dados obtidos a partir de entrevistas semiestruturadas, analisadas em articulação com revisão de literatura científica. Ao se fazer análise de conteúdo, compreendeu-se que, embora haja diversas formas de saberes nos chãos e (...) terreiros da comunidade, como a floresta, os rios, as/os “encantados”, as/os pretos/as velhos/as, os mutirões, o “Quilombauê”, os movimentos sociais como a Associação Remanescente de Quilombo Tambaí-Açu – ACREQTA e, ainda, leis e diretrizes que dão base à Educação Quilombola no Brasil, o que tem prevalecido é o sentido “urbanocêntrico” em termos de educação escolar que desconsidera o espaço rural, suas diversidades, suas formas de aprender a ser, embora contraditoriamente a escola venha buscando a isso se contrapor por meio da integração de suas experiências quilombolas nos processos formativos, a partir de seus modos de se formar-produzir pelo trabalho no mutirão. Palavras-chave: Experiências, Educação, Escolas, Infância Quilombola. (shrink)

Legal discourse consists largely of legal claims. These are claims that there is a legal obligation, legal right, or other legal incident. What is the meaning of “legal obligation”, “legal right” and so on in legal claims? The standard view among philosophers of law is that “legal” indicates that, according to law, there is a moral obligation, moral right or other moral incident. Here I set out a new objection to the standard view. The objection is that the standard view (...) is unable to account for the use of legal claims in some common forms of logically complex arguments. (shrink)

There is no denying that the bathroom is a political space. But that is what makes it a space of possibility. As a social-material fixture we use every day, the bathroom has the potential to illuminate, and ultimately to challenge, some of our deepest values and deepest needs. Appreciating the weave of experiences and institutions that have, across time, made the modern bathroom what it is opens up important questions about what it might be. Leaning into the legacy of refusal, (...) we can demand a radical break with logics that have so long masked insidious social hierarchies with calls to order and purity. (shrink)

It is often assumed that if the fetus is a person, then abortion should be illegal. Thomson1 laid the groundwork to challenge this assumption, and Boonin2 has recently argued that it is false: he argues that abortion should be legal even if the fetus is a person. In this article, I explain both Thomson’s and Boonin’s reason for thinking that abortion should be legal even if the fetus is a person. After this, I show that Thomson’s and Boonin’s argument for (...) legalised abortion fail; they have not given us good reason for thinking abortion should be legal.1 Finally, I argue that—if we play Boonin’s game—abortion should be illegal. When discussing the ethics and politics of abortion, whether the fetus is a person is usually central.3 4.2 However, Thomson1 long ago challenged this view. She argued that abortion is permissible even if the fetus is a person. To do so, she asks us to consider a case in which you are non-consensually taken to a hospital and hooked up to a famous violinist. The violinist, if he is to survive, needs to filter his blood through your body. After 9 months, he will be fine and you can unplug yourself and go on your way. If you unplug yourself prior to this, however, he will die. Is it permissible to unplug yourself? Thomson thinks the answer is ‘yes’. And this, she thinks, shows that abortion is permissible even if the fetus is a person. While the majority of her article focuses on the ethics of abortion, it is clear that she also aims to show that abortion should be legal if the fetus is a person; she would no doubt reject the view that the state is right to coerce you into …. (shrink)

In this paper, I submit that it is the controlled part of skilled action, that is, that part of an action that accounts for the exact, nuanced ways in which a skilled performer modifies, adjusts and guides her performance for which an adequate, philosophical theory of skill must account. I will argue that neither Jason Stanley nor Hubert Dreyfus have an adequate account of control. Further, and perhaps surprisingly, I will argue that both Stanley and Dreyfus relinquish an account of (...) control for precisely the same reason: each reduce control to a passive, mechanistic, automatic process, which then prevents them from producing a substantive account of how controlled processes can be characterized by seemingly intelligent features and integrated with personal-level states. I will end by introducing three different kinds of control, which are constitutive of skilled action: strategic control, selective, top–down, automatic attention, and motor control. It will become clear that Dreyfus cannot account for any of these three kinds of control while Stanley has difficulty tackling the two latter kinds. (shrink)

Some health care organizations allow physicians to withhold cardiopulmonary resuscitation from a patient, despite patient or surrogate requests that it be provided, when they believe it will be more harmful than beneficial. Such cases usually involve patients with terminal diagnoses whose medical teams argue that aggressive treatments are medically inappropriate or likely to be harmful. Although there is state-to-state variability and a considerable judicial gray area about the conditions and mechanisms for refusals to perform CPR, medical teams typically follow a (...) set of clearly defined procedures for these decisions. The procedures are based on the principle of nonmaleficence and typically include consultation with hospital ethics committees, reflecting the guidelines of relevant professional associations. Ethical debates about when CPR can and should be limited tend to rely more on discussions of theory, principles, and case studies than systematic empirical study of the situations in which such limitations are applied. Sociologists of bioethics call for empirical study, arguing that what ethicists and health professionals believe they are doing when they draft policies or invoke principles does not always mirror what is happening on the ground. In this article, we begin the task of modeling the empirical analyses sociologists call for, focusing on a cohort at Massachusetts General Hospital. We inductively analyzed ethics committee notes and medical records of nineteen patients whose surrogates did not accept the decision to withhold CPR. (shrink)