The anthology, Feminist Bioethics, edited by Jackie Leach Scully, Laurel E. Baldwin-Ragaven, and Petya Fitzpatrick, examines how feminist bioethics theoretically and methodologically challenges mainstream bioethics, and whether these approaches are useful for exploring difference in other contexts. It offers critical conceptual analyses of "autonomy", "universality", and "trust", and covers topics such as testing for hereditary cancer, prenatal selection for sexual orientation, midwifery, public health, disability, Indigenous research reform in Australia, and China's one child policy.
I once heard a colleague opine that we would be better off if there were a 50-year moratorium on philosophers using the word 'autonomy'. He went on to argue that we could get along just fine without the word, and that a good number of confusions would be dispelled along the way. This collection of new papers goes a long way toward responding to this challenge in ways that both undercut and vindicate aspects of this complaint.
James Stacy Taylor advances a thorough argument for the legalization of markets in current (live) human kidneys. The market is seemly the most abhorrent type of market, a market where the least well-off sell part of their body to the most well off. Though rigorously defended overall, his arguments concerning exploitation are thin. I examine a number of prominent bioethicists’ account of exploitation: most importantly, Ruth Sample’s exploitation as degradation. I do so in the context of Taylor’s argument, with the (...) aim of buttressing Taylor’s position that a regulated kidney market is morally allowable. I argue that Sample fails to provide normative grounds consistent with her claim that exploitation is wrong. I then reformulate her account for consistency and plausibility. Still, this seemingly more plausible view does not show that Taylor’s regulated kidney market is prohibitively exploitative of impoverished persons. I tack into place one more piece of support for Taylor’s conclusion. (shrink)
The last few years have seen feminist bioethics experiencing a growing interest in the theme of disability: how bioethics as a whole can or should approach disability, and how the different perspectives brought by feminist bioethics can contribute to bioethical thinking about it. This interest was apparent in the pioneer work of disabled feminists such as Adrienne Asch, continued through the engagement of feminist theorists like Eva Feder Kittay, and appears more generally in feminist bioethics, for example in Jackie (...) Leach Scully's "Disability Bioethics," in the section on disability in Feminist Bioethics: At the Center, on the Margins (Scully, Baldwin-Ragaven, and Fitzpatrick 2010), and in IJFAB's special issue .. (shrink)
One of the most widespread objections to legalizing a market in human organs is that such legalization would stimulate the black market in human organs. Unfortunately, the proponents of this argument fail to explain how such stimulation will occur. To remedy thus, two accounts of how legalizing markets in human organs could stimulate the black market in them are developed in this paper. Yet although these accounts remedy the lacuna in the anti-market argument from the black market neither of them (...) provide reason to believe that legalizing an organ markets would stimulate the black market in organs. Despite its prevalence, then, the argument from the black market should be rejected. (shrink)
A growing body of empirical literature challenges philosophers’ reliance on intuitions as evidence based on the fact that intuitions vary according to factors such as cultural and educational background, and socio-economic status. Our research extends this challenge, investigating Lehrer’s appeal to the Truetemp Case as evidence against reliabilism. We found that intuitions in response to this case vary according to whether, and which, other thought experiments are considered first. Our results show that compared to subjects who receive the Truetemp Case (...) first, subjects first presented with a clear case of knowledge are less willing to attribute knowledge in the Truetemp Case, and subjects first presented with a clear case of nonknowledge are more willing to attribute knowledge in the Truetemp Case. We contend that this instability undermines the supposed evidential status of these intuitions, such that philosophers who deal in intuitions can no longer rest comfortably in their armchairs. (shrink)
A growing body of empirical literature challenges philosophers’ reliance on intuitions as evidence based on the fact that intuitions vary according to factors such as cultural and educational background, and socio-economic status. Our research extends this challenge, investigating Lehrer's appeal to the Truetemp Case as evidence against reliabilism. We found that intuitions in response to this case varyaccording to whether, and which, other thought-experiments are considered first. Our results show that compared to subjects who receive the Truetemp Case first, subjects (...) first presented with a clear case of knowledge are less willing to attribute knowledge in the Truetemp Case, and subjects first presented with a clear case of non-knowledge are more willing to attribute knowledge in the Truetemp Case. Wecontend that this instability undermines the supposed evidential status of these intuitions, such that philosophers who deal in intuitions can no longer rest comfortably in their armchairs. (shrink)
The purpose of this essay is to shed some light on a certain type of sentence, which I call a borderline contradiction. A borderline contradiction is a sentence of the form F a ∧ ¬F a, for some vague predicate F and some borderline case a of F , or a sentence equivalent to such a sentence. For example, if Jackie is a borderline case of ‘rich’, then ‘Jackie is rich and Jackie isn’t rich’ is a borderline (...) contradiction. Many theories of vague language have entailments about borderline contradictions; correctly describing the behavior of borderline contradictions is one of the many tasks facing anyone offering a theory of vague language. Here, I first briefly review claims made by various theorists about these borderline contradictions, attempting to draw out some predictions about the behavior of ordinary speakers. Second, I present an experiment intended to gather relevant data about the behavior of ordinary speakers. Finally, I discuss the experimental results in light of several different theories of vagueness, to see what explanations are available. My conclusions are necessarily tentative; I do not attempt to use the present experiment to demonstrate that any single theory is incontrovertibly true. Rather, I try to sketch the auxiliary hypotheses that would need to be conjoined to several extant theories of vague language to predict the present result, and offer some considerations regarding the plausibility of these various hypotheses. In the end, I conclude that two of the theories I consider are better-positioned to account for the observed data than are the others. But the field of logically-informed research on people’s actual responses to vague predicates is young; surely as more data come in we will learn a great deal more about which (if any) of these theories best accounts for the behavior of ordinary speakers. (shrink)
It is widely accepted that a person can be harmed by events that occur after her death. The most influential account of how persons can suffer such posthumous harm has been provided by George Pitcher and Joel Feinberg. Yet, despite its influence (or perhaps because of it) the Feinberg-Pitcher account of posthumous harm has been subject to several well-known criticisms. Surprisingly, there has been no attempt to defend this account of posthumous harm against these criticisms, either by philosophers who work (...) on the metaphysics of death or by those who draw upon this account of posthumous harm in their work in other philosophical fields. This paper will rectify this omission, by defending this view against the criticisms it has been subject to—a defense that will both be of intrinsic interest to those who work on the metaphysics of death and that will remedy the lacunae in the wide-ranging philosophical literature that draws upon this account of how posthumous harm is possible. (shrink)
This article reviews the incredible growth of electronic commerce (e-commerce) and presents ethical issues that have emerged. Security concerns, spamming, Web sites that do not carry an "advertising" label, cybersquatters, online marketing to children, conflicts of interest, manufacturers competing with intermediaries online, and "dinosaurs" are discussed. The power of the Internet to spotlight issues is noted as a significant force in providing a kind of self-regulation that supports an ethical e-commerce environment.
In contemporary Western biomedical ethics, informed consent practices are commonly justified in terms of the intrinsic value of patient autonomy. James Stacey Taylor maintains that this conception of the moral grounding of medical informed consent is mistaken. On the basis of his reasoning to that effect, Taylor argues that medical informed consent is justified by the instrumental value of personal autonomy. In this article, I examine whether Taylor's justification of medical informed consent is plausible.
Proceedings of the Pittsburgh Workshop in History and Philosophy of Biology, Center for Philosophy of Science, University of Pittsburgh, March 23-24 2001 Session 5: Development, Neuroscience and Evolutionary Psychology.
By considering the nature of the relationship between patient and healer, The Healing Bond explores the responsibilities of both, with a special emphasis on the therapeutic responsibility. The editors and contributors examine both orthodox and unorthodox forms of healing practice and apply a variety of professional and analytic perspectives to the medical profession as a whole. They look at specific areas of health such as midwifery, psychoanalysis, naturopathy, the relations between medicine and state, and the appeal of "quacks." Particular issues (...) of current concern are also discussed, including medical litigation, codes of ethics among complementary practitioners and cooperation between orthodox and complementary medicine practitioners. Contributors: Mary Douglas, Calliope Farsides, David Peters, Roy Porter, Richenda Power, Margaret Stacey, Robert Sumerling, and Gillian Vanhegan. (shrink)
In recent years there has been much philosophical discussion over the question of whether the prohibitions on markets in such items as human body parts and gene sequences, and services such as human reproductive labor and sex, should be lifted. Yet despite the attention paid to this issue there are been surprisingly little discussion of the question of whether markets in certain items that are currently freely traded should be restricted or eliminated. In particular, there has been little discussion of (...) the question of whether markets in items that could be readily used to deceive people should be restricted. I argue in this paper that one of the central moral values of the contemporary West – respect for personal autonomy – requires that such markets be restricted. (shrink)
Changing the Wor(l)d draws on feminist publishing, postmodern theory and feminist autobiography to powerfully critique both liberal feminism and scholarship on the women's movement, arguing that both ignore feminism's unique contributions to social analysis and politics. These contributions recognize the power of discourse, the diversity of women's experiences, and the importance of changing the world through changing consciousness. Young critiques social movement theory and five key studies of the women's movement, arguing that gender oppression can be understood only in relation (...) to race, sexuality, class and ethnicity; and that feminist activism has always gone beyond the realm of public policy to emphasize improving women's circumstances through transforming discourse and consciousness. Young examines feminist discursive politics, critiques social science methodology, and proposes an alternative approach to understanding the women's movement. This approach explores feminist publishing and feminist autobiographical writing as examples of discursive activism with broadly subversive potential. (shrink)
We briefly discuss some potential contributions of behavioral momentum research to the study of the behavioral effects of abused drugs. Contributions to the study of the direct effects of drugs on operant responding and to the study of drugs as reinforcers are addressed. Too little empirical evidence is available to thoroughly evaluate the relevance of behavioral momentum concepts to the study of drugs and behavior, but we note several reasons for optimism regarding its potential to make positive contributions.
Advances in neuroscience have implications for criminal law as well as civil and regulatory law, including health, disability, and benefit law. The role of the behavioral and brain sciences in health insurance claims, the mental health parity debate, and disability proceedings is examined.
Abstract Although the standard objections to Harry Frankfurt's early hierarchical analysis of identification and its variants are well known, more recent work on identification has yet to be subjected to the same degree of scrutiny. To remedy this I develop in this paper objections to Frankfurt's most recent analysis of identification as satisfaction that he first outlined in his paper ?The Faintest Passion?. With such objections in place I show that they demonstrate that Frankfurt's analysis fails because it is based (...) on the attitudes that the person whose identification with his desires is in question adopts towards them. I then develop a new (objective and cognitive) analysis that avoids the difficulties that Frankfurt's subjective approach is prey to. I conclude by considering and rebutting some preliminary objections to this new analysis. (shrink)
In a recent paper Carol Hay has argued for the conclusion that “a woman who has been sexually harassed has a moral obligation to confront her harasser.” I will argue in this paper that Hay’s arguments for her conclusion are unsound, for they rest on both a misconstrual of the nature of personal autonomy, and a misunderstanding of its relationship to moral responsibility. However, even though Hay’s own arguments do not support her conclusion that women have a duty to resist (...) sexual harassment this conclusion can draw support from arguments that are independent of hers. Women, then, do indeed have a moral obligation to confront those who sexually harass them. (shrink)
The following is an examination of two possible interpretations of the meaning of the “existence” of God. By using two different Danishterms—the word existence (Existents) and the concept “coming to be” (Tilværelse)—found in Kierkegaard’s writing, I hope to show that two very different theological outcomes arise depending upon which idea or term is used. Moreover, I posit which of these twooutcomes is closer in nature to the more famously used German term Dasein.
When I used to walk all the time, and especially before I started using a stick, I found most people acted at best as if I was not there, and at worst as if I was a drunk who deserved all I got.… [They] found it particularly hard to deal with my speech impairment, especially if they met me when I was sitting down, and hence had no prior warning … they would go red, look away or sometimes even walk (...) off, leaving me in mid-sentence. None of this was calculated to enhance my self-esteem.Over the last forty years, the social and political status of disabled people has changed almost beyond recognition (Campbell and Oliver 1996; Shakespeare 2006). Movements to increase the social inclusion of disabled people are found .. (shrink)
Under the umbrella of the burgeoning neurotransdisciplines, scholars are using the principles and research methodologies of their primary and secondary fields to examine developments in neuroimaging, neuromodulation and psychopharmacology. The path for advanced scholarship at the intersection of law and neuroscience may clear if work across the disciplines is collected and reviewed and outstanding and debated issues are identified and clarified. In this article, I organize, examine and refine a narrow class of the burgeoning neurotransdiscipline scholarship; that is, scholarship at (...) the interface of law and functional magnetic resonance imaging (fMRI). (shrink)
This paper is based on linked qualitative studies of the donation of human embryos to stem cell research carried out in the United Kingdom, Switzerland, and China. All three studies used semi-structured interview protocols to allow an in-depth examination of donors’ and non-donors’ rationales for their donation decisions, with the aim of gaining information on contextual and other factors that play a role in donor decisions and identifying how these relate to factors that are more usually included in evaluations made (...) by theoretical ethics. Our findings have implications for one factor that has previously been suggested as being of ethical concern: the role of gratitude. Our empirical work shows no evidence that interpersonal gratitude is an important factor, but it does support the existence of a solidarity-based desire to “give something back” to medical research. Thus, we use empirical data to expand and refine the conceptual basis of bioethically theorizing the IVF–stem cell interface. (shrink)
This study explored psychologists' perceptions of confidentiality violations. One hundred ninety-five psychologists answered questionnaires about a vignette regarding a male therapist accused of violating the confidentiality of a female client. The vignette varied on the following variables: (a) Confidential information was conveyed to either an insurance company or another client, (b) the therapist's account of the violation included either an excuse or a justification, and (c) scapegoating was included or not included in the account. The insurance condition and excuse condition (...) produced more lenient judgments of the violation. However, excuses elicited more negative judgments of the therapist. Scapegoating generally elicited more negative judgments. Differences in the recipient of confidential information and the accounts given for violations have an impact on psychologists' perceptions of confidentiality violations. (shrink)
This reflection focuses on lived experience with the Technological Other (Quasi-Other) while pursuing creative video and film activities. In the last decade work in the video and film industries has been transformed through digital manipulation and enhancement brought about by increasingly sophisticated computer technologies. The rules of the craft have not changed but the relationship the artist/editor experiences with these new digital tools has brought about increasingly interesting existential experiences in the creative process. How might this new way of being (...) with technology change the craft and the crafter? Through a phenomenological understanding of Martin Heidegger, Maurice Merleau-Ponty, Don Ihde, and their contributions to the human-technology conversation, this essay moves to reveal the lived experiences of artists/editors who use computers to create by means of film and digital video formats. Exploring notions of lived space, lived body, lived time, and lived relation through the computer interface allows for digging deeper into inhabiting technology and experiencing the Technological Other. (shrink)
In November 2004, the Swiss population voted to accept a law on research using human embryonic stem cells. In this paper, we use Switzerland as a case study of the shaping of the ostensibly ethical debate on the use of embryos in embryonic stem cell research by legal, political and social constraints. We describe how the national and international context affected the content and wording of the law. We discuss the consequences of the revised law's separation of stem cell research (...) from other forms of embryo research, its definitions of embryo and of spare embryos, and the introduction of donorship into the Swiss ethical debate on IVF. We focus on the exclusion of the potential embryo donors' voices and perspectives from the debate, and consider the effects of this exclusion on ethical discourse and the political process. (shrink)
The United Network for Organ Sharing (UNOS) waiting list was designed as a just and equitable system through which the limited number of organs is allocated to the millions of Americans in need of a transplant. People have trusted the system because of the belief that everyone on the list has an equal opportunity to receive an organ and also that allocation is blind to matters of financial standing, celebrity or political power. Recent events have revealed that certain practices and (...) policies have the potential to be exploited. The policies addressed in this paper enable those on the list with the proper resources to gain an advantage over other less fortunate members, creating a system that benefits not the individual most in medical need, but the one with the best resources. These policies are not only unethical but threaten the balance and success of the entire UNOS system. This paper proposes one possible solution, which seeks to balance the concepts of justice and utility. (shrink)
In this paper, we explore the desires that play a role at the palliative stage and relate them to various approaches to patient autonomy. What attitude can physicians and other caregivers take to the desires of patients at the palliative stage? We examine this question by introducing five physicians who are consulted by Jackie, an imaginary patient with metastatic lung carcinoma. By combining the models of the physician-patient relationship developed by Emanuel and Emanuel (1992) and the Hellenistic approaches to (...) desires analyzed by Nussbaum (1994), five different ways of dealing with desires in the context of palliative care are sketched. The story of Jackie shows that desires are to a certain extent responsive to reasoning. In the palliative process, that can be a reason to devote attention to the desires of patients and caregivers and to determine which desires need to be fulfilled, which are less important, and how they are linked to emotions the patient has. (shrink)
Doing Science + Culture is a groundbreaking book on the cultural study of science, technology and medicine. Outstanding contributors including life and physical scientists, anthropologists, sociologists, literature/communication scholars and historians of science who focus on the analysis of science and scientific discourses within culture: what it means to "do" science. The essays are organized into three broad topics: transnational science and globalization (the movements of people, material resources and knowledges that underwrite scientific practices within and across borders of nation-states and (...) regions); emerging subjects and subjectivities (of research and researchers); and postdisciplinary pedagogies and curricula (the institutional settings of classroom, laboratory, department and academic division). Contributors: Itty Abraham, Anne Balsamo, Karen Barad, Michael M.J. Fischer, Joan H. Fujimura, Scott F. Gilbert, Emily Martin, Jackie Orr, Roddey Reid, Molly Rhodes and Sharon Traweek. (shrink)
: The nature/culture dualism has long been criticized for constructing social beliefs, attitudes, and behaviors that fail to respect and value the natural world. One possible way to bridge the divide between the human and non-human worlds is the process of identification. Orangutans, an endangered species found in Indonesia and Malaysia, enable individuals to bridge, connect, and identify with a seemingly separate natural world. Through identification with orangutans, humans come to reevaluate their own perspectives and dichotomous ways of thinking about (...) their relationships with nature. (shrink)
Death, Posthumous Harm, and Bioethics offers a highly distinctive and original approach to the metaphysics of death and applies this approach to contemporary debates in bioethics that address end-of-life and post-mortem issues.
The papers in this special thematic issue of HEC Forum critically and carefully explore key issues at the intersection of patient privacy and commodification. For example, should hospitals be required to secure a person’s consent to any possible uses to which his discarded body parts might be put after his treatment or should it only be concerned with securing his informed consent to his treatment? Should a hospital be required to raise the possibility of the commodification of such (patient-discarded) body (...) parts, or should it only be required to address this issue if the patient asks about it? Should persons be paid to engage in medical research, or should they only be compensated for their time, on the grounds, perhaps, that such payment would be coercive or exploitative, for it might move some persons to agree to participate in research who otherwise would not have done? This number of HEC Forum illustrates the widespread implications of these issues upon which healthcare ethics committees are called to deliberate. (shrink)
This note is in part a response to Alastair Hannay's review discussion, ?A Kind of Philosopher: Comments in Connection with Some Recent Books on Kierkegaard? (Inquiry, Vol. 18 , No. 3). In his review, Hannay states that Kierkegaard and philosophy appear to be on the road to a reconciliation, and asks What is behind this get?together if it is one??. I suggest that in some remarks touching on Kierkegaard's theory of Truth, Hannay has touched on the ground for that ?get?together?, (...) a Pyrrhonian scepticism. (shrink)
This paper examines the effectiveness of ethics education provided by Malaysian universities. A total of 264 accounting students attending ethics courses in public and private universities responded to a pre and post questionnaire (treatment group) and another 57 students who did not complete an ethics course (control group) were included for comparative purposes. Statistical analysis reveals that business ethics courses are effective as students demonstrate higherlevel of ethical sensitivity upon completion of the course. In contrast, the control group students demonstrate (...) lower levels of ethical sensitivity. Students in the “good” and “average” academic performance category, females, and Malay students, gained most from an ethics education. Students from public universities were also found to benefit more than their private university counterparts. The results contribute to the dearth of research in this area and present a case for introducing compulsory business ethics courses in all Malaysian universities offering accounting programs. (shrink)