OBJECTIVES: To identify the factors that influence the assessment of reported cases of physician-assisted death by members of the public prosecution. DESIGN/SETTING: At the beginning of 1996, during verbal interviews, 12 short case-descriptions were presented to a representative group of 47 members of the public prosecution in the Netherlands. RESULTS: Assessment varied considerably between respondents. Some respondents made more "lenient" assessments than others. Characteristics of the respondents, such as function, personal-life philosophy and age, were not related to the assessment. Case (...) characteristics, i.e. the presence of an explicit request, life expectancy and the type of suffering, strongly influenced the assessment. Of these characteristics, the presence or absence of an explicit request was the most important determinant of the decision whether or not to hold an inquest. CONCLUSIONS: Although the presence of an explicit request, life expectancy and the type of suffering each influenced the assessment, each individual assessment was dependent on the assessor. The resulting danger of legal inequality and legal uncertainty, particularly in complicated cases, should be kept to a minimum by the introduction of some form of protocol and consultation in doubtful or boundary cases. The notification procedure already promotes a certain degree of uniformity in the prosecution policy. (shrink)

In this unflinching look at the experience of suffering and one of its greatest manifestations—torture—J.M. Bernstein critiques the repressions of traditional moral theory, showing that our morals are not immutable ideals but fragile constructions that depend on our experience of suffering itself. Morals, Bernstein argues, not only guide our conduct but also express the depth of mutual dependence that we share as vulnerable and injurable individuals. Beginning with the attempts to abolish torture in the eighteenth century, and then sensitively examining (...) what is suffered in torture and related transgressions, such as rape, Bernstein elaborates a powerful new conception of moral injury. Crucially, he shows, moral injury always involves an injury to the status of an individual as a person—it is a violent assault against his or her dignity. Elaborating on this critical element of moral injury, he demonstrates that the mutual recognitions of trust form the invisible substance of our moral lives, that dignity is a fragile social possession, and that the perspective of ourselves as potential victims is an ineliminable feature of everyday moral experience. (shrink)

Theodor W. Adorno is best known for his contributions to aesthetics and social theory. Critics have always complained about the lack of a practical, political or ethical dimension to Adorno's philosophy. In this highly original contribution to the literature on Adorno, J. M. Bernstein offers the first attempt in any language to provide an account of the ethical theory latent in Adorno's writings. Bernstein relates Adorno's ethics to major trends in contemporary moral philosophy. He analyses the full range of Adorno's (...) major works, with a special focus on Dialectic of Enlightenment, Minima Moralia and Negative Dialectics. In developing his account Bernstein lays particular stress on Adorno's contention that the event of Auschwitz demands a new categorical imperative. This book will be widely acknowledged as the standard work on Adorno's ethics and as such will interest professionals and students of philosophy, political theory, sociology, history of ideas, art history and music. (shrink)

In this 1974 book a practising scientist and gifted expositor sets forth an exciting point of view on the nature of science and how it works.

Aesthetic alienation may be described as the paradoxical relationship whereby art and truth have come to be divorced from one another while nonetheless remaining entwined. J. M. Bernstein not only finds the separation of art and truth problematic, but also contends that we continue to experience art as sensuous and particular, thus complicating and challenging the cultural self-understanding of modernity. Bernstein focuses on the work of four key philosophers—Kant, Heidegger, Derrida, and Adorno—and provides powerful new interpretations of their views. Bernstein (...) shows how each of the three post-Kantian aesthetics to construct a philosophical language that can criticize and displace the categorical assumption of modernity. He also examines in detail their responses to questions concerning the relations among art, philosophy, and politics in modern societies. (shrink)

Theodor Adorno's Aesthetic Theory offers one of the most powerful and comprehensive critiques of art and of the discipline of aesthetics ever written. The work offers a deeply critical engagement with the history and philosophy of aesthetics and with the traditions of European art through the middle of the 20th century. It is coupled with ambitious claims about what aesthetic theory ought to be. But the cultural horizon of Adorno's Aesthetic Theory was the world of high modernism, and much has (...) happened since then both in theory and in practice. Adorno's powerful vision of aesthetics calls for reconsideration in this light. Must his work be defended, updated, resisted, or simply left behind? This volume gathers new essays by leading philosophers, critics, and theorists writing in the wake of Adorno in order to address these questions. They hold in common a deep respect for the power of Adorno's aesthetic critique and a concern for the future of aesthetic theory in response to recent developments in aesthetics and its contexts. (shrink)

Malthus did not leave us with a systematic treatment of colonization, but from remarks scattered throughout his publications and correspondence it is possible to assemble a fairly coherent account of his views on the advantages and disadvantages of colonies, and on the reasons why some have failed and others succeeded. Included in these scattered remarks are some comparisons between his own views on colonies and those of Adam Smith. The question of the relationship between Malthus and Adam Smith is a (...) rather complex and subtle one, and cannot be given the full consideration it deserves in one short paper. But, as a general summary, it can be said that Malthus had a high regard for Smith and considered himself a follower and disciple of Smith, by contrast with Ricardo, James Mill, and McCulloch etc., whom he considered as exponents of a ‘New System of Political Economy”. His own Principles of Political Economy was conceived as a collection of ‘tracts or essays”, not as a new systematic treatise replacing the Wealth of Nations, Joseph Gamier in his article ‘Malthus” in the Dictionnaire de l'Economie Politique, 1852, saw that the title of the Principles was in fact a misnomer: ‘Malgré son titre, le livre sur les Principes n'est point un traité complet, mais seulement une collection de dissertations.” In what was probably intended as a criticism of Ricardo's Principles of Political Economy and Taxation, 1817, Malthus stated that the ‘present period … seems to be unpropitious to the publication of a new systematic treatise on political economy”, and, referring to Smith's work, stated that ‘the treatise which we already possess is still of the very highest value”. Nevertheless, despite professing his affiliation, Malthus did not hesitate to criticize Smith when he disagreed with him. He recognized that the Wealth of Nations contained ‘controverted points” and that it would require some ‘additions … which the more advanced stage of the science has rendered necessary”. (shrink)

It is the persistence of social suffering in a world in which it could be eliminated that for Adorno is the source of the need for critical reflection, for philosophy. Philosophy continues and gains its cultural place because an as yet unbridgeable abyss separates the social potential for the relief of unnecessary human suffering and its emphatic continuance. Philosophy now is the culturally bound repository for the systematic acknowledgement and articulation of the meaning of the expanse of human suffering within (...) technologically advanced societies that are already committed to liberal ideals of freedom and equality. (shrink)

Arguably, the most promising and compelling route to demonstrating the significance of Hegel’s thought to contemporary philosophy has been the series of recent readings that construe Hegel as continuing and completing Kant’s Copernican turn. Paul Redding explicitly locates his interpretation within this program, seeing the hermeneutic dimension of Hegel’s thought as providing for the possibility of continuing the Kantian project. Kant’s Copernican turn can be loosely stated as the procedure of reflectively uncovering unexperienced conditions of experience that contribute to the (...) nature of experience in ways that require its further re-determination and re-description. What a hemeneutic take on this reflective procedure adds is that foremost among those conditions are contexts of intersubjective or dialogical relations—structures of recognition. While perhaps disappointing to anyone interested in the problem of textual interpretation, there is finally nothing more to Redding’s account of Hegel’s “hermeneutics” than the establishing of recognitive structures as forming the ultimate horizon of human experience. I take Redding’s relentless tracking of the problem of recognition to be one of his book’s virtues. (shrink)

The theory of emotion developed by William James has been subject to four criticisms. First, it is held that Jamesian emotion is without function, that it plays no role in cognition and behavior. Second, that James ignores the role of experience in emotion. Third, that James overstated the role of physical processes in emotion. Fourth, that James’ theory of emotion has been experimentally demonstrated to be false. A fifth point, less an explicit criticism than an assumption, holds that James has (...) nothing to offer a social psychology of emotions. It will be shown in this paper that not one of these criticisms of James' theory of emotion can be sustianed. (shrink)

John and Mary have fully consensual sex, but they do not want to have a child, so they use contraception with the intention of avoiding pregnancy. Unfortunately, although they used the contraception in the way in which it is supposed to be used, Mary has become pregnant. The couple decides to have the baby, whom they name ‘Ernie’. Now we fill in the story a bit. The universe is causally deterministic, and 30 years later Ernie performs some action A and (...) thereby brings about event E. We also stipulate that Ernie meets plausible compatibilist conditions for acting freely . That is, we suppose that there are no uncontroversially freedom- and responsibility-undermining conditions present in the context in which Ernie performs A, and, further, that Ernie meets plausible compatibilist conditions for acting freely. Let us say, for example, that one adopts the theory according to which the freedom-relevant condition on moral responsibility is that the agent exhibits ‘guidance control’ of his action and . On this approach, one acts freely in so far as one acts from one's own, suitably reasons-responsive mechanism. We can then simply stipulate that, in the relevant context, Ernie acts from his own, suitably reasons-responsive mechanism . If one prefers a different set of compatiblist-friendly conditions for acting freely, one can simply stipulate that Ernie meets them; indeed, the plausible compatibilist-friendly conditions seem to be compatible with each other, and thus Ernie could presumably meet all of them in the relevant context. In such a case, and given that the epistemic condition on acting freely and moral responsibility is met, I am inclined to say that Ernie …. (shrink)

Following the lead of Annette Baier, this essay argues that trust relations provide the ethical substance of everyday living. When A trusts B, A unreflectively allows B to approach sufficiently close so as to be able to harm A. In order for this to be possible, A practically presupposes that B perceives A as a person and will hence act accordingly. Trust relations are relations of mutual recognition in which we acknowledge our mutual standing and vulnerability with respect to one (...) another. A robust account of trust assumes: first, trust relations are primary and practical, and while monitored by reason, they are not rationally constituted; second, trust can sustain its practical primacy over moral reason because it is developmentally prior to reason; and third, trust relations can be the bearers of our worth and vulnerability because they are the developmental products of first love. (shrink)

[This is a revised and expanded version of an article of the same name published in the Journal of the British Society for Phenomenology, October 2000: 31(3), 277–299.].

In this paper we study the relations between the fragment L of classical logic having just conjunction and disjunction and the variety D of distributive lattices, within the context of Algebraic Logic. We prove that these relations cannot be fully expressed either with the tools of Blok and Pigozzi's theory of algebraizable logics or with the use of reduced matrices for L. However, these relations can be naturally formulated when we introduce a new notion of model of a sequent calculus. (...) When applied to a certain natural calculus for L, the resulting models are equivalent to a class of abstract logics (in the sense of Brown and Suszko) which we call distributive. Among other results, we prove that D is exactly the class of the algebraic reducts of the reduced models of L, that there is an embedding of the theories of L into the theories of the equational consequence (in the sense of Blok and Pigozzi) relative to D, and that for any algebra A of type (2,2) there is an isomorphism between the D-congruences of A and the models of L over A. In the second part of this paper (which will be published separately) we will also apply some results to give proofs with a logical flavour for several new or well-known lattice-theoretical properties. (shrink)

Emotion inheres simultaneously in individuals and in the social structures and relationships in which individuals are embedded. Beginning with a critical examination of T.H. Marshall's account of class resentment, this paper considers the emotional patterns of resentment in class inequality, in trade cycle changes in costs and opportunities for income, and in class cultures. Arising from social relationships, emotion is the basis of action that subsequently affects the structure of social relationships. Thus emotion connects phases of social structure separated by (...) time. (shrink)

Despite optimistic reports about the results of amputation for advanced vascular disease, the patient’s assessment of advantages and disadvantages is seldom acknowledged. A detailed social study of 67 amputees has revealed considerable disparity between the patient’s views and those of the medical staff. About a third of the patients are forced to retire from active work by the amputation; about three-quarters report a serious decline in their social activities; only about half are really independent with prostheses in the long term; (...) a quarter report severe and intractable symptoms related to their amputation stumps; only about a quarter feel that the amputation was definitely beneficial; and only about one in five feel that the medical staff have provided adequate support during their hospital stay. Amputees face physical and financial disability, isolation, and discomfort. Every effort must be made to explain the implications of amputation honestly and realistically and to ensure continuing patient assessment and support. (shrink)

The problem of 'no fault' compensation for patients who suffer adverse effects as a result of their participation in clinical trials is discussed in the light of the guidelines issued by the Association of the British Pharmaceutical Industry (ABPI) and our recent experiences in reviewing protocols submitted to the local ethics of surgical research sub-committee. We have found a variety of qualifications being applied by pharmaceutical firms which are not in the spirit of the guidelines, let alone the interests of (...) the patient, and we suggest a means whereby the patients can be assured of fair treatment in the event of 'no fault' injury. (shrink)

Book reviewed in this article: Just War Tradition and the Restraint of War: A Moral and Historical Inquiry. By James Turner Johnson.

For the scholastic philosopher William Ockham (c. 1285-1347), there are three kinds of heresy. The first, and most unmistakable, is an outright denial of the truths of faith. Another is so obvious that a very simple person, even if illiterate, can see how it contradicts Divine Scripture. The third kind of heresy is less clear cut. It is perceptible only after long deliberation and only to individuals who are learned, and well versed in Scripture. It is this third variety of (...) heresy that J.M.M.H. Thijssen addresses in Censure and Heresy at the University of Paris, 1200-1400. The book documents 30 cases in which university trained scholars were condemned for disseminating allegedly erroneous opinions in their teaching or writing, and focuses particularly on four academic censures that have occupied prominent positions in the historiography of medieval philosophy. Thijssen grants central importance to a number of questions so far neglected by historians regarding judicial procedures, the authorities supervising the orthodoxy of teaching, and the effects of condemnations on the careers of the accused. He also places still current questions regarding academic freedom and the nature of doctrinal authority into their medieval contexts. (shrink)