In chapter 1, I argue that Hume well understands the experimental method and its role as what Geoffrey Cantor refers to as "a discourse of power," insofar as establishing facts in terms of efficient causation properly delimits what counts as a science, which is, in Hume's case, a science of human nature. With respect to the passions, I focus on parts 1 and 2 of Treatise Book 2, as an extended set of experiments meant to explain the origin, nature, and (...) effects of the passion of pride, an indirect passion that reflects a person's self-worth in virtue of her valuable qualities. Beginning with the observable phenomena of pride, Hume identifies various theoretical entities that constitute aspects of the cause and effect... (shrink)

I thank Genevieve Lloyd for her generous and thought-provoking comments and questions. She raises two distinct issues: one regarding how to think about the way in which Hume's account of pride might be innovative, and the other about how a genre of philosophical writing limits or opens up what and how an author might discuss the subject at hand. She sets both issues in the context of comparing Spinoza with Hume.Lloyd reminds us that A. O. Hirschman, in The Passions and (...) the Interests, charts a conceptual shift between the seventeenth and eighteenth centuries, such that the change in political and economic conditions, heralding the rise of capitalism, led to the deposing of the traditional opposition between reason... (shrink)

Although best known for his contributions to the theory of knowledge, metaphysics, and philosophy of religion, Hume also influenced developments in the philosophy of mind, psychology, ethics, political and economic theory, political and social history, and aesthetic theory. The fifteen essays in this volume address all aspects of Hume's thought. The picture of him that emerges is that of a thinker who, though often critical to the point of scepticism, was nonetheless able to build on that scepticism a constructive, viable, (...) and profoundly important view of the world. Also included in this volume are Hume's two brief autobiographies and a bibliography suited to those beginning their study of Hume. This second edition of one our most popular Companions includes six new essays and a new introduction, and the remaining essays have all been updated or revised. (shrink)

This article identifies a prevalent strand of feminist writing on beauty and aesthetic surgery and explores some of the contradictions and inconsistencies inscribed within it. In particular, we concentrate on three central feminist claims: that living in a misogynist culture produces aesthetic surgery as an issue predominantly concerning women; that pain - both physical and psychic - is a central conceptual frame through which aesthetic surgery should be viewed; and that aesthetic surgery is inherently a normalizing technology. Engaging with these (...) ‘myths’, we explore the tensions uncovered through a historical analysis of the practices of aesthetic surgery as well as the challenges to feminist claims offered by post-feminism. In particular we seek to destabilize the connection in feminist writing between beauty and passivity. We argue that through aesthetic references to denigrated black and working-class bodies, young women may mobilize aesthetic surgeries to reinscribe active sexuality on the feminine body. (shrink)

This chapter contains section titled: Introduction The Importance of Character Sympathy, the Indirect Passions, and Moral Sentiment Sympathy, Sentiment and Impartial Evaluation of Character The Errors of Remoteness and Countervailing Interest The Consequentialist Error The Authority of the Moral Sentiments Moral Knowledge as a Shared Resource Note References Further reading.

Among those sympathetic to Hume''smoral philosophy, a general consensus hasemerged that his first work on the topic,A Treatise of Human Nature, is his best. Hislater work, An Enquiry Concerning thePrinciples of Morals, is regarded as scaleddown in both scope and ambition. In contrastto this standard view, I argue that Hume''slater work offers a more sophisticated theoryof moral evaluation. I begin by reviewing theTreatise theory of moral evaluation tohighlight the reasons why commentators find socompelling Hume''s account of the corrections wemake to (...) our moral sentiments. The method isendorsed by philosophers such as Henry DavidAiken and Annette C. Baier because, theyallege, it shows that moral sentiments reflecta process of judgment that includes thepossibility of corrigibility and ofjustification. But Hume''s method of correctionfalls short and does not establish why thesentiments conforming to the standard of virtueshould count as moral judgments. In the secondEnquiry, Hume lays out a different set ofcriteria, including not only the need forcertain virtues of good judgment but attentionto the particular cultural and historicalorigins of the norms governing the virtues ofgood judgment. Hume''s attention to diversityin evaluative outlook in his more matureposition takes seriously the relation betweenmoral authority and public debate. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume XXIV, Number 1, April 1998, pp. 5-30 Justice and the Foundations of Social Morality in Hume's Treatise JACQUELINE TAYLOR Hume famously distinguishes between artificial virtues and natural virtues, or, at one place, between a sense of virtue that is natural and one that is artificial. The most prominent of the artificial virtues are those associated with the practices of justice. Commentators have devoted much (...) attention to Hume's explanation of what motivates us to be just. But his main concern in the Treatise is to explain why we approve morally of just conduct.1 While there surely are complexities surrounding the issue of the motivation to be just, in one sense Hume's explanation is quite straightforward: self-interest motivates us to establish and follow the conventions of justice. The real interest in his account of the establishment of justice lies in his further explanation of how those conventions transform our moral psychology, and lead us to form shareable moral points of view from which we can reach agreement on the value of characters. My reading of Hume's account in the Treatise is as follows. Hume attributes to us a social morality, the central notion of which is a moral sensibility that has its origins in nature, but that must be extended by social artifice in order to accommodate the various virtues important to cooperative living. I will contend that the moral psychology embodied in a cultivated sense of morality depends on the redirection of our evaluative propensities and therefore requires the sorts of convention that Hume associates with justice.2 My thesis helps to make sense of the structure of Book III: Hume has genuine philosophical reasons for introducing the artificial virtues prior to the natural ones.3 Jacqueline Taylor is at the Department of Philosophy, Tufts University, Medford MA 02155-7059 USA. email: [email protected] 6 Jacqueline Taylor The main goal of this paper is to show that Hume's philosophy has the resources to explain our ability to balance our appraisal of the artificial and natural virtues, since we need both sorts of virtue to live well. As a foil for my view, I want to use the argument advanced by Barry Stroud and others that Hume faces a special difficulty in explaining how we sustain our approval of particular just acts that considered in themselves appear harmful to the public good. Stroud argues that Hume fails to explain what recommends justice as a virtue to us in all cases, and thus fails to capture the concern we have for fairness.4 While Stroud finds in the second Enquiry the seeds of a view, based on our sympathetic approval of what tends to the good of mankind, that could provide the materials for developing a naturalistic account of how we come to have a concern for justice and fairness, he argues that Hume's interest lies squarely in the origin of justice and not in how people develop shared social attitudes (Stroud, 216-218). I disagree with Stroud's pronouncement that Hume fails to explain sufficiently our moral approval of justice, but I must leave to one side discussion of the particular social attitudes of justice, such as concern for fairness. My focus will be on how we cultivate a range of shared attitudes of moral appraisal and the relation of these to justice. Stroud misjudges Hume's project, at least in part, because he neglects the historical context in which Hume was writing, and overlooks some important differences between Hume and his contemporary, Francis Hutcheson.5 In Book II of the Treatise, in a discussion of virtue and vice as causes of pride and humility, Hume signals the reader that in the next book he will examine "the controversy...whether these moral distinctions be founded on natural and original principles, or arise from interest and education" (T 295). The controversy to which he refers is that between moral sense theorists, such as Shaftesbury and Hutcheson, on the one side, and members of the Hobbesian or "selfish" school, which includes Mandeville as well as Hobbes, on the other. As he starts Book III, Hume seems to suggest that his... (shrink)

Canadian and American population-based research concerning sexual and/or gender minority populations provides evidence of persistent breast and gynecologic cancer-related health disparities and knowledge divides. The Cancer's Margins research investigates the complex intersections of sexual and/or gender marginality and incommensurabilities and improvisation in engagements with biographical and biomedical cancer knowledge. The study examines how sexuality and gender are intersectionally constitutive of complex biopolitical mappings of cancer health knowledge that shape knowledge access and its mobilization in health and treatment decision-making. Interviews were (...) conducted with a diverse group of sexual and/or gender minority breast or gynecologic cancer patients. The LGBQ//T2 cancer patient narratives we have analyzed document in fine grain detail how it is that sexual and/or gender minority cancer patients punctuate the otherwise lockstep assemblage of their cancer treatment decision-making with a persistent engagement in creative attempts to resist, thwart and otherwise manage the possibility of discrimination and likewise, the probability of institutional erasure in care settings. Our findings illustrate the demands that cancer places on LGBQ//T2 patients to choreograph access to, and mobilization of knowledge and care, across significantly distinct and sometimes incommensurable systems of knowledge. (shrink)

In including a well-regulated pride among the virtues that are both useful and agreeable to oneself, Hume challenges not only theological, but also secular accounts that view pride as a vice. I examine Hume's evolving views on pride in relation to the secular view that regards pride as vicious. I suggest Hume's account of pride in his later moral philosophy has a new emphasis on dignity, and reflects a distinctively modern outlook on the role of humanity in evaluating virtue and (...) vice. (shrink)

The paper offers an account of justified resentment and its importance in preserving human dignity. I situate the argument in the context of Martha Nussbaum's recent work against anger and resentment. Drawing on Enlightenment thinkers, I show the importance of resentment in deterring injury, in creating greater solidarity and humanity, and in preserving human dignity. The paper also offers a preliminary analysis of the norms that help to ensure appropriately expressed resentment.

This paper argues that the ‘double-standard’ applied to male and female tourists’ sexual behaviour reflects and reproduces weaknesses in existing theoretical and commonsense understandings of gendered power, sexual exploitation, prostitution and sex tourism. It looks at how essentialist constructions of gender and heterosexuality blur understandings of sexual exploitation and victimhood and argues that racialized power should also be considered to explore the boundaries between commercial and non-commercial sex. This paper is based on ethnographic research on sexual–economic exchanges between tourist women (...) and local men and boys in the informal tourist economy in Jamaica and the Dominican Republic. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Comments on Margaret Watkins, The Philosophical Progress of Hume’s “Essays”Jacqueline Taylor (bio)After David Hume’s death, Adam Smith wrote a letter to Hume’s publisher, William Strahan, to recount some of the final words and the attitude of “our late excellent friend, Mr. Hume.”1 Despite declining health and increasing weakness, Hume faced his approaching demise “with great cheerfulness” (EMPL xlvi). He had recently been reading Lucian’s Dialogues of the (...) Dead, and although feeling he had every reason “to die contented,” Smith describes the “jocular excuses” Hume might make to Charon to delay his death (EMPL xlv). He first requests more time so that he can see how the public responds to the latest corrections he had been making to his works, but Charon replied that this would only lead Hume to want more time to make further corrections. Hume tries another tack: “Have a little patience, good Charon, I have been endeavouring to open the eyes of the public. If I live a few years longer, I may have the satisfaction of seeing the downfall of some of the prevailing systems of superstition,” to which Charon replies, “You loitering rogue, that will not happen these many hundred years... Get into the boat this instant, you lazy loitering rogue” (EMPL xlvi). This imaginary dialogue makes evident Hume’s self-awareness as an author who cared greatly about both the correctness of his written works and the influence of these works on the public.In her book, Margaret Watkins argues that Hume’s concern to open the eyes of the public goes well beyond attempts to bring about the downfall of systems of superstition.2 She credits him with the broader aim of writing essays for a literate audience that would stimulate both public and individual improvement in various areas of human activity, including government, work, aesthetic experience, and intimate [End Page 155] relationships. The first three chapters of the book examine the case for Hume’s concern with public improvement. Chapter 1 focuses primarily on the political essays, and examines Hume’s account of governing and his criticism of the irrationality apt to arise with divisive political factionalism. Chapter 2 turns to inequalities of power and the circumstances that allow some to exercise to a greater degree the domineering tendency that is part of human nature. Watkins uses Hume’s essay on the population size of ancient and modern societies to reconstruct his view on the ills—to both masters and slaves—of ancient slaveholding. She complicates this discussion by looking at modern slaveholding in the colonies, and Hume’s puzzling lack of attention to this. In the ancient world, slaveholding resulted from war and conquest, and Watkins examines how ancient warfare also led to greater ferocity and anger in fighting and exacerbated cruelty (a trait Hume had deemed the worst vice in the Treatise [T 3.3.3.8]).3 This is another place where Watkins sees Hume taking stock of modern improvements. In the wide-ranging third chapter, entitled “Working,” Watkins considers economic circumstances as moral causes that can shape character, highlighting the importance for Hume of the commercial virtues, especially industry.4 She also shows that in the four essays on happiness, modeled on Hellenistic sects, each type of philosopher regards industry, or at least occupation, as essential to human happiness. Watkins concludes that the need for industry is thus something we are naturally motivated to seek out, and so an integral part of human nature. Chapter 4, on “Composing,” shows Watkins’s talents as a philosophical essayist in her own right, as she relates art and other forms of beauty to the cultivation of calm passions. We find here an insightful discussion of art, whether composing or consuming, as having particularly therapeutic effects on melancholy and other forms of nervous conditions. Chapters 5 and 6 take up, respectively, love for oneself and love for others. The former looks at the importance Hume places on both self-love and pride. Here Watkins draws primarily on Hume’s more morally theoretical works, both the Treatise and EPM, since they have more to say about self-valuing. Chapter 6 shows how we may fruitfully read... (shrink)

This chapter contains section titled: Background for Hume's Views Beauty, Virtue, and the Double Association Beauty and Virtue as Powers of Producing Pleasure Beauty, Utility, and Sympathy Sympathy and the Standard of Virtue Beauty and Virtue in Hume's Later Philosophy The Standard of Taste More on Delicacy and the Pleasures of Beauty Beauty and Morality in “Of the Standard of Taste” References Further Reading.

In Part 3 of Projection and Realism, P. J. E. Kail offers an original and thought-provoking analysis of Hume's views on morality. Kail seeks to make sense of Hume's talk of projection and realism. Kail's stated aim is to help us understand Hume's own views, rather than some new Humean view. Part 3 is thus a contribution to the literature on Hume's meta-ethics. Kail's particular approach presents two challenges to the student of Hume's works. First, Kail gives us a set (...) of terms that are not Hume's; this includes a distinction between explanatory projection and feature projection; a distinction between two forms of realism, metaphysical hedonism and the identification of moral value with natural properties of. (shrink)

I have shown here the different roles that sympathy plays in the accounts of justice in the Treatise and Enquiry. In the former work, a redirected sympathy naturally extends our concern, and subsequently our moral approval or blame, to all those included within the scope of the rules of justice. In the Enquiry, we find this same progress of sentiments, but Hume’s introduction of the sentiment of humanity allows him to make a stronger case for the importance of those virtues (...) that are useful, particularly the virtues of justice. The command of our esteem and our moral approval of justice secure a place for justice at the heart of Hume’s ethics. This does not entail, however, that other useful virtues are not also essential. Benevolence and the care of children, friendship, and gratitude not only help to sustain sociability, but they are essential for living a properly human life. (shrink)

Hume's Enquiry concerning the Principles of Morals is a landmark work in the history of moral philosophy. This volume presents new interpretative essays which offer a section-by-section study of the Enquiry, and of its relation to Hume's other writings on ethics, epistemology, religion, aesthetics, and emotion.

Descriptive accounts of the nature of explanation in neuroscience and the global goals of such explanation have recently proliferated in the philosophy of neuroscience and with them new understandings of the experimental practices of neuroscientists have emerged. In this paper, I consider two models of such practices; one that takes them to be reductive; another that takes them to be integrative. I investigate those areas of the neuroscience of learning and memory from which the examples used to substantiate these models (...) are culled, and argue that the multiplicity of experimental protocols used in these research areas presents specific challenges for both models. In my view, these challenges have been overlooked largely because philosophers have hitherto failed to pay sufficient attention to fundamental features of experimental practice. I demonstrate that when we do pay attention to such features, evidence for reduction and integrative unity in neuroscience is simply not borne out. I end by suggesting some new directions for the philosophy of neuroscience that pertain to taking a closer look at the nature of neuroscientific experiments. (shrink)

This article explores how the intersections of gendered, racialized and neoliberal dynamics reproduce social inequality and shape the violence that nurses face. Grounded in the interviews and focus groups conducted with a purposeful sample of 17 registered nurses (RNs) and registered practical nurses (RPNs) currently working in Ontario's mental health sector, our analysis underscores the need to move beyond reductionist notions of violence as simply individual physical or psychological events. While acknowledging that violence is a very real and disturbing experience (...) for individual nurses, our article casts light on the importance of a broader, power structure analysis of violence experienced by nurses in this sector, arguing that effective redress lies beyond blame shifting between clients/patients and nurses. Our analysis illustrates how assumptions about gender, race and care operate in the context of global, neoliberal forces to reinforce, intensify and create, as well as obscure, structural violence through mechanisms of individualization and normalization. (shrink)

In this article, I explain why stabilizing constructs is important to the success of the Research Domain Criteria Project and identify one measure for facilitating such stability.

A sample of 44 psychologists who practice in the Caribbean completed a web-based survey containing 73 behavioral items related to ethical issues in professional practice. The aim of this exploratory study was to learn about perceptions regarding ethical behaviors that create ethical dilemmas and the level of agreement to their responses and to identify how demographic variables influenced their perceptions of ethical behaviors. Findings suggest that there was approximately an equal level of agreement on behaviors such as being an advocate (...) for your client and being sexually involved with a current client rated as ethical and unethical, respectively. Several demographic variables and ethical behaviors such as level of degree and confidentiality issues were statistically significant. Finally, psychologists prefer the presence of a professional psychological association with an ethics committee. (shrink)

One might be inclined to assume, given the mouse donning its cover, that the behavior of interest in Nicole Nelson's book Model Behavior (2018) is that of organisms like mice that are widely used as “stand-ins” for investigating the causes of human behavior. Instead, Nelson's ethnographic study focuses on the strategies adopted by a community of rodent behavioral researchers to identify and respond to epistemic challenges they face in using mice as models to understand the causes of disordered human behaviors (...) associated with mental illness. Although Nelson never explicitly describes the knowledge production activities in which her behavioral geneticist research subjects engage as “exemplary”, the question of whether or not these activities constitute “model behavior(s)”—generalizable norms for engaging in scientific research—is one of the many thought-provoking questions raised by her book. As a philosopher of science interested in this question, I take it up here. (shrink)

Currently, an increasing number of organizations are attempting to enhance inclusiveness of under represented individuals through proactive efforts to manage their diversity. In this article, we define diversity management against the backdrop of its predecessor, affirmative action. Next, selected examples of organizations that have experienced specific positive bottom line results from diversity management strategies are discussed. The present paper also provides a conceptual model to examine antecedents and consequences of effective diversity management. Additional research areas identified from the model and (...) literature review result in a number of research propositions intended to enhance the exploration and understanding of diversity management. (shrink)

Education is on the cusp of a configurational shift, or, as some may argue, in the midst of it. In the last twenty years the direct influence of corporations and their interest in leading educational agencies has substantially increased with no signs of stopping.1 The corporation has become a leader for systemic change in educational practice.2 This systematic change's emphasis on the mighty dollar brings about many different obstacles for educators and educational theorists to consider, one of these being the (...) way education's monetization affects both learners' and educators' motivation. Where does this shift to the focus of funds find such motivations? Looking through the lenses of both John Dewey and... (shrink)

Summary This paper investigates the fate of Thomas Harriot's algebra after his death in 1621 and, in particular, the largely unsuccessful efforts of seventeenth-century mathematicians to promote it. The little known surviving manuscripts of Nathaniel Torporley have been used to elucidate the roles of Torporley and Walter Warner in the preparation of the Praxis, and a partial translation of Torporley's important critique of the Praxis is offered here for the first time. The known whereabouts of Harriot's mathematical papers, both originals (...) and copies, during the seventeenth century and later are summarised. John Wallis's controversial 1685 account of Harriot's algebra is examined in detail and it is argued that John Pell's influence on Wallis was far more significant than has previously been realised. The paper ends with a reassessment of Harriot's underrated and important contribution to the development of modern algebra. (shrink)

There is a tendency in contemporary jurisprudence to regard political authority and, more particularly, legal intervention in human affairs as having no justification unless it can be defended by what Laing calls the principle of modern liberal autonomy (MLA). According to this principle, if consenting adults want to do something, unless it does specific harm to others here and now, the law has no business intervening. Harm to the self and general harm to society can constitute no justification for legal (...) regulation or prohibition. So pervasive is this understanding of legal intervention in human affairs, that it is common now to encounter arguments in favour of permissive laws on, for example, private drug use, pornography, sexual and reproductive choice, based on the idea that to intervene in these areas would constitute a breach of the liberal ideal. The only alternative to modern liberal autonomy is assumed to be radical oppression, in which the State intervenes in the individual’s life to impose unwarranted measures designed to further its own ends. The legacy of Stalin, Hitler and other modern tyrants has undermined conceptual appeals to the common good. So widespread is this liberal assumption in the Western, English-speaking world that critics of the outlook embodied by MLA are customarily regarded with suspicion and charged with paternalism, narrow-mindedness and intolerance. Laing highlights contradictions inherent in the modern liberal tradition. She argues that there is a certain reliance on the notion of the common good within the natural law tradition that is instructive. According to this view, the common good constitutes a mean between two extremes: on the one hand, contemporary liberalism’s over-insistence on radical individual autonomy and, on the other hand, totalitarianism’s over-emphasis on collective social benefit. There is, I will argue, substantial terrain between the conceptual excesses of modern liberalism and oppressive tyranny that needs to be acknowledged and discussed. (shrink)

This paper is a response to a commentary by Walter Glannon (2016, Frontiers in Human Neuroscience) on my paper "Stabilizing Constructs Across Research Fields as a Way to Foster the Integrative Approach of the Research Domain Criteria Project".

Corporate philanthropy describes the action when a corporation voluntarily donates a portion of its resources to a societal cause. Although the thought of philanthropy invokes feelings of altruism, there are many objectives for corporate giving beyond altruism. Meeting strategic corporate objectives can be an important if not primary goal of philanthropy. The purpose of this paper is to share insights from a strategic corporate philanthropic initiative aimed at increasing the pool of frontline customer contact employees who are performance-ready, while supporting (...) curriculum development and infrastructure improvement for selected university business programs, creating a win-win situation for the company and the universities. This paper will address three objectives. First, we will examine the evolution of strategic philanthropy from the traditional view to its current position as a strategic option. Second, we will address the recruitment of front line talent needs (customer facing jobs in sales, customer service, and marketing) based on the profit maximization model of strategic philanthropy. Finally, we will offer conclusions and issues for future research. (shrink)

A critic of utilitarianism, in a paper entitled “Innocence and Consequentialism” Laing argues that Singer cannot without contradicting himself reject baby farming (a thought experiment that involves mass-producing deliberately brain damaged children for live birth for the greater good of organ harvesting) and at the same time hold on to his “personism” a term coined by Jenny Teichman to describe his fluctuating (and Laing says, discriminatory) theory of human moral value. His explanation that baby farming undermines attitudes of care and (...) concern for the very young, can be applied to babies and the unborn (non-persons on his view) and contradicts positions that he adopts elsewhere in his work. (shrink)

This volume brings together a number of perspectives on the nature of realization explanation and experimentation in the ‘special’ and biological sciences as well as the related issues of psychoneural reduction and cognitive extension. The first two papers in the volume may be regarded as offering direct responses to the questions: (1) What model of realization is appropriate for understanding the metaphysics of science? and (2) What kind of philosophical work is such a model ultimately supposed to do?

In this paper, we argue that nurses need to be aware of how the production of space in specific contexts – including health care systems and research institutions – perpetuates marginalized populations' state of social otherness. Lefebvre's idea regarding spatial triad is mobilized in this paper, as it pertains to two‐spirited, lesbian, gay, bisexual, trans and queer populations (2SLGBTQ*). We believe that nurses can create counter‐spaces within health care systems and research institutions that challenge normative discourses. Lefebvre's work provides us (...) the necessary tools to understand how various places or environments produce identities. In understanding Lefebvre's principles, we believe that nurses can play an essential role in creating counter‐spaces, thereby instigating counter‐institutional practices, for those who experience otherness. (shrink)

The article discusses questions on the significance of blood relatedness in the context of identity arguments about artificial reproduction (AR). Kinship, origins, and biological connections are significant to human beings. The author explains that family relationships bear on the identity of human beings. Moreover, she emphasizes that once these principles are neglected, it is possible to create people in ways that threaten significant human bonds and alienate people who are naturally related spelling loss, confusion and grief for them.

The Groningen Protocol and contemporary defences of the legalisation of infanticide are predicated on actualism and personism. According to these related ideas, human beings achieve their moral status in virtue of the degree to which they are capable of laying value upon their lives or exhibiting certain qualities, like not being in pain or being desirable to third party family members. This article challenges these notions suggesting that both ideas depend on arbitrary and discriminatory notions of human moral status. Our (...) propensity to sleep, fall unconscious, pass out and so on, demonstrates that we very often exhibit our status as “potential persons.” Our abilities can and do fluctuate. The equal dignity principle, distinguished in turn from both the excesses of vitalism and consequentialism, is analyzed in the context of human rights logic and law. The normalization of non-voluntary euthanasia, via such ad hoc practices as the Groningen Protocol is considered. Substituted ‘consent’ to the euthanasia of infants or others, is scrutinized and the implications of institutionalizing non-voluntary euthanasia in the context of financial, research and political interests are considered. The impact on the medical and legal professions, carers, families and coroners, as well as public attitudes more generally, is discussed. It is suggested that eroding the value of human life carries with it significant destructive and hazardous long-term implications for societies. To elevate some long-term implications whilst ignoring others demonstrates the irrational nature of the effort to institutionalize euthanasia. (shrink)

Despite the prevalence of human rights talk in Western jurisprudence, there has never been less belief in or acceptance of, any genuine form of objective morality. Academics reject the reality of moral objectivity and proclaim, as an objective truth, that morality is a mere “socio-historical construct”, illusory because always outweighed by worse consequences, expressions of subjective preference or mere evidence of culturally relative predilections. If morality is not that, then it is thought to be evidence of the power of the (...) ruling elite in an essentially value-free universe. This article examines moral scepticism and moral relativism as a bedrock for human rights laws. It argues that if we are to retain any coherent and meaningful concept of human rights we will have to jettison our moral relativism. (shrink)

Helga Kuhse suggested in 1985 at a session of the World Federation of Right to Die Societies in Nice, that once dehydration to death became legal and routine in hospitals, people would, on seeing the horror of it, seek the lethal injection. The strategy of legalising passive euthanasia is itself flawed. Laing argues that the Mental Capacity Bill threatens the vulnerable by inviting breaches of arts 2,3,5,8, and 14 of the European Convention on Human Rights. Most at risk are the (...) disabled and incapacitated. Sections permitting non-therapeutic research and non consensual sterilisation are at odds with the Nuremberg Code. New third party powers to dehydrate the vulnerable permit new systemic human rights abuse of a clinical though not historically unfamiliar variety. (shrink)

This article discusses the role of the mental in the analysis of criminal liablity. The relation between the general conditions for mens rea and those of criminal liability are considered. Claims made by John Gardner and Heike Jung are considered. Their suggestion that there is a hard and fast distinction between the principles of moral and criminal culapability are considered and shown to have some absurd conclusions.

The Mental Incapacity Bill not only paves the way for euthanasia, but invites wholesale abuse and homicide, writes Jacqueline Laing. On 19 October 2004, when the Mental Capacity Bill was at its crucial committee stage, the Law Society issued a statement of ‘strong support’, claiming that it empowers patients and in no way introduces euthanasia. Laing argues that the Bill threatens the incapacitated by granting a raft of new third parties power to require that health professionals withhold ‘treatment’, which, (...) after the controversial decision in Airedale NHS Trust v Bland [1993] AC 789, includes food and fluids delivered both by tube and, in certain cases, by spoon. The Bill further endangers the vulnerable, first, by allowing non-therapeutic research on the non-consenting mentally incapacitated, in breach of the Nuremberg Code and First Declaration of Helsinki, and secondly, by permitting new agents power to undertake on people with learning disabilities certain questionable procedures currently authorised by the High Court, such as non-voluntary sterilisation. (shrink)

The House of Lords in Purdy forced the Director of Public Prosecutions to issue offence-specific guidance on assisted suicide, but Jacqueline Laing argues that the resulting interim policy adopted by the Director of Public Prosecutions is unconstitutional, discriminatory and illegal.

A consideration of the concept of authority. The term authority derives from the Latin 'auctoritas'. Although often regarded as synonymous with 'potestas' or power, authority is more properly considered power legitimately exercised. Whereas Stalin had the power to kill millions of innocents he did not have the authority to do so. Accordingly, it is often said that the supreme authority is God himself who is both omnipotent and all good. On this view God is the source of the eternal law (...) which is observed both in the fullness of the physical universe and also in the moral universe that governs men and angels. Accordingly the book of Proverbs states that “By me kings reign and lawgivers decree just things” (Prov. 8:15). (shrink)