The article takes as its starting point the assumption that (a) competing accounts of moral rules should be judged by the distribution of benefits and burdens which would arise from everyone accepting these rules, and that (b) these benefits and burdens are understood in a way which has a substantial resource or freedom-based component. This starting point is compatible with contractualism and various forms of rule consequentialism, and will yield a morality in which people have significant freedoms. The main claim (...) of the article is that as a consequence of these freedoms, and because of phenomena connected with cost internalization, this morality will also impose strong constraints on harming and weak constraints on allowing harm. Thus the starting point ends up vindicating commonsense morality. (shrink)

Most theorists working on moral obligations to refugees conceive of western states as innocent bystanders with duties to aid refugees if they can do so at little cost to themselves. This paper challenges this dominant theoretical framing of global displacement by highlighting for the first time certain practices of western states in response to refugee flows such as border violence, detention, encampment and containment which may make us question whether states who engage in such practices are indeed innocent. This paper (...) provides the first normative analysis of these practices by seeking to classify them as either doing or allowing harm and invoking the fundamental moral imperative central to core common moral commitments - not to harm innocent people - to suggest that certain western states are not merely failing to aid refugees and allowing harm to come to them, but are instead responding to their calls for aid by harming them. (shrink)

The distinction between doing and allowing appears to have moral significance, but the very nature of the distinction is as yet unclear. Philippa Foot's ‘pre-existing threats’ account of the doing/allowing distinction is highly influential. According to the best version of Foot's account an agent brings about an outcome if and only if his behaviour is part of the sequence leading to that outcome. When understood in this way, Foot's account escapes objections by Warren Quinn and Jonathan Bennett. However, (...) more analysis is required to show what makes a relevant condition part of a sequence. Foot's account is promising, but incomplete. (shrink)

According to the Doctrine of Doing and Allowing, the distinction between doing and allowing harm is morally significant. Doing harm is harder to justify than merely allowing harm. This paper is the first of a two paper critical overview of the literature on the Doctrine of Doing and Allowing. In this paper, I consider the analysis of the distinction between doing and allowing harm. I explore some of the most prominent attempts to analyse this distinction:. (...) Philippa Foot’s sequence account, Warren Quinn’s action/ inaction account, and counterfactual test accounts put forward by Shelly Kagan and Jonathan Bennett. I also discuss Jeff McMahan’s account of the removal of barriers to harm. I argue that analysis of the distinction has often been made more difficult by two mistaken assumption: (1) the assumption that when an agent does or allows harm his behaviour makes the difference to whether or not the harm occurs (2) the assumption that the distinction between doing and allowing and the distinction between action and inaction are interchangeable. I suggest that Foot’s account is the most promising account of the doing/allowing distinction, but that it requires further development. (shrink)

Dilemmas about resuscitation and life-prolonging treatment for severely compromised infants have become increasingly complex as skills in neonatal care have developed. Quality of life and resource issues necessarily influence management. Our Institute of Medical Ethics working party, on whose behalf this paper is written, recognises that the ultimate responsibility for the final decision rests with the doctor in clinical charge of the infant. However, we advocate a team approach to decision-making, emphasising the important role of parents and nurses in (...) the process. Assessing the relative burdens and benefits can be troubling, but doctors and parents need to retain a measure of discretion; legislation which would determine action in all cases is inappropriate. Caution should be exercised in involving committees in decision-making and, where they exist, their remit should remain to advise rather than to decide. Support for families who bear the consequences of their decisions is often inadequate, and facilitating access to such services is part of the wider responsibilities of the intensive care team. The authors believe that allowing death by withholding or withdrawing treatment is legitimate, where those closely involved in the care of the infant together deem the burdens to be unacceptable without compensating benefits for the infant. As part of the process accurate and careful recording is essential. (shrink)

I argue that a new solution to the semantic paradoxes is possible based on truth-making. I show that with an appropriate understanding of what the ultimate truth and falsity makers of sentences are, it can be demonstrated that sentences like the liar are alethically undecidable. That means it cannot be said in principle whether such sentences are true, not true, false, not-false, neither true nor false, both true and false, and so on. I argue that this leads to a (...) solution to the semantic paradoxes that appears to be free of revenge problems, allows us to maintain classical logic and the validity of the T-schema. (shrink)

I argue that John Hick’s soul-making theodicy is committed to opposing social progress. By focusing on justifying the current amount and distribution of suffering and evil, Hick’s theodicy ends up having to condemn even positive change as undesirable. First, I give a brief outline of Hick’s theodicy, with a particular emphasis on the role of earned virtue in justifying the existence of evil. Then I consider two understandings of social progress: progress as the elimination of suffering and evil; and (...) progress as the promotion of earned virtue. I further distinguish the earned virtue understanding of social progress into two kinds, in which the relationship between social structures and moral growth either: allows members of a more advanced society to start closer to perfection; or allows members of a more advanced society to progress more quickly. I argue that no matter which approach we take, Hick’s theodicy struggles with the idea of social progress. Hick is either straightforwardly committed to opposing social progress, or he can support it only at the expense of being unable to justify status quo of suffering and evil. (shrink)

Throw: Harry throws a stone at Dick, hitting him. Intuitively, there is a moral difference between the first and the second case of each of these pairs.1 In the second case, the agent’s behavior is morally worse than his behavior in the first case. But in each pair, the agent’s behavior has the same outcome: in No Check and Shoot, the outcome is that a child dies, and Jim saves $40; in No Catch and Throw, the outcome is that Dick (...) is hit by a stone. Let us call these pairs of cases “the paradigm pairs.” The paradigm pairs, and others like them, provide evidence that common sense morality is not consequentialist: common sense morality does not judge the moral worth of actions just in terms of their consequences. But it has proved extremely difficult to provide an account of a morally relevant difference between the members of pairs like the ones above. One hypothesis about the difference that has received a lot of attention in the literature is that in the first kind of case the agent allows the outcome to occur, while in the second the agent makes the.. (shrink)

The model of clinical ethics consultation (CEC) defended in the ASBH Core Competencies report has gained significant traction among scholars and healthcare providers. On this model, the aim of CEC is to facilitate deliberative reflection and thereby resolve conflicts and clarify value uncertainty by invoking and pursuing a process of consensus building. It is central to the model that the facilitated consensus falls within a range of allowable options, defined by societal values: prevailing legal requirements, widely endorsed organizational policies, and (...) professional standards of practice and codes of conduct. Moreover, the model stipulates that ethics consultants must refrain from giving substantive recommendations regarding how parties to a moral disagreement in the clinic should evaluate their options. We argue that this model of CEC is incomplete, because it wrongly assumes that what counts as the proper set of allowable options among which the parties are to deliberate will itself always be clearly discernible. We illustrate this problem with a recent case on which one of us consulted—a neonate born with trisomy 18 (T18). We try to show that law, policy, and standards of practice reveal no clear answer to the question posed by the case: namely, whether forgoing gastrostomy tube feedings for a baby with T18 is allowable. We suggest there may be other kinds of cases in which it may simply be unsettled whether a given choice falls within the set of allowable options within which consensus is to be facilitated. What should an ethicist do when confronting such unsettled cases? We agree with the facilitation model that an ethicist should remain neutral among the allowable options, when it is clear what the allowable options are. But, in unsettled cases, the role of a consultant should be expanded to include a process of moral inquiry into what the allowable options should be. We end by raising the issue of whether this means an ethicist should share his or her own conclusions or views about the allowability of a given clinical option. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kendall L. Walton FICTION, FICTION-MAKING, AND STYLES OF FICTIONALITY Both objectsandactions are said to have styles. Styles eire attributed to works of art, bathing suits, neckties, and automobiles. But we also think of styles as ways of doing things. There are styles of teaching, styles of chess playing, styles of travel. The primary notion of style is the one which attaches to actions. When we speak of die (...) style of a poem or a portrait or em automobile we do so with reference to an action or actions associated with the object, usually the action or actions which appear to have been performed in die making of it. I will not argue now for this claim about style except to note that style attributions eure peculietrly alien to objects which are not products of human action. What is the style of a tulip, or an alpine meadow, or a pristine lake in the high Sierras? Are the Grand Canyon and Yosemite Valley in the same style or different ones? Sunsets in the tropics are very different from sunsets in the arctic, but is die difference a stylistic one? We might allow that in unusual cases natured objects can have styles. A chorus ofchirping birds might, just conceivably, chirp in the style of Haydn. But die notion of style here is obviously parasitic on diat which is applied to man-made eirtifacts. To think of an object as having a style is to mink of it as a product of human action.1 If actions are the primary possessors of style, to understand styles of fictionality we must look at die action of fiction-meddng emd its relation to works of fiction. I will concentrate on the very basic question ofwhat fiction is, what it is for something to be a work of fiction, and on attempts to answer this question in terms of die action offiction-making. It has been especially fashionable to utilize die notion ofspeech acts introduced by John Austin in tackling this problem. The fictional status of a work is, supposedly, to be accounted for by what illocutionary actions were or were not performed by the artist producing it, or by connections between what the artist did and certain illocutionary actions. My assessment of mis program will be mostly negative. Speech-act theory is remarkably unhelpful in explaining what fiction is. We have here something ofa "Have dieory, will travel" syndrome. There is a tendency for theorists, when 78 Kendall L. Walton79 faced with a new problem, to dust off an old theory which they know emd love, one devised with other questions in mind, shove it into die breach, and pray mat it will fit. In this case it does not fit, and the result is confusion radier dian illumination. Lest I step on toes other man the ones I am aiming at, let me empheisize that my present concern is not with the viability of speech-act theory as a dieory of language. Nor do I mean to deny that speech-act theory can be used fruitfully to illuminate important features of literary fictions. I am now addressing only die basic question of what fiction is, how works of fiction are to be differentiated from odier things. Whatever the other merits of speech-act theory, its applications to this question have been distinctly infelicitous. From our discussion of such applications em even stronger conclusion will emerge, the conclusion that the nature of fiction is not to be explicated in terms of acts of fiction-making at all. The notion of fiction is in diis respect contrary to that of style, and certain consequences about styles of fictionality follow. I Speech-act theory has been brought to bear on the problem of the nature of fiction in a number of rather different ways. I will look at four of them. The first is the idea that works of fiction are simply texts (or other representations ) which are not vehicles of illocutionary acts. It is true mat in writing fiction an author typically does not perform the illocutionary acts that a person who uses the setme words in a nonfictional setting is likely to be performing... (shrink)

Progress in neuroscience will allow us to reveal the neuronal correlates of psychological processes involved in ethically relevant notions such as informed consent. Informed consent involves decision making, the psychological and neural processes of which have been investigated extensively in neuroscience. The neuroscience of decision making may be able to contribute to an ethics of informed consent by providing empirical and thus descriptive criteria. Since, however, descriptive criteria must be distinguished from normative criteria, the neuroscience of decision (...) class='Hi'>making cannot replace the ethics of informed consent. Instead, the neuroscience of decision making could complement the current ethics, resulting in what can be called neuroethics of informed consent. It is concluded that current progress in the neurosciences could complement and change the way in which we approach ethical problems in neuropsychiatry. (shrink)

[Pre-peer review draft available to download.] Our imaginative capacities shape the making of images, while the making of images has the ability to shape our imaginative capacities. What are the connections between vision and mental visual images that allow for this traffic between the contents of our minds and external images? And how are image-makers able to exploit the distinctive powers of imagery, to extend the modes of representation that are available to us, and hence also to extend (...) the resources upon which our imaginations can draw? The chapter explores various aspects of those issues. It starts by exploring “visual imagery” as a general category; and it identifies one very striking range of cases that encompasses both suitable mental and nonmental visual images. It develops a philosophical account of what is distinctive about the range of visual images thus identified. Subsequent sections then use the resulting ideas to investigate some of the ways in which various strategies for creating visual images exploit in remarkably inventive ways possibilities that are latent within the general phenomenon of imagistic representation. (shrink)

Proponents of the dominant contemporary model of corporate governance maintain that the shareholder is the primary constituent of the firm. The responsibility for managerial decision makers in this governance system is to maximize shareholder wealth. Neoclassical economists ethically justify this objective with their interpretation of Adam Smith's notion of the Invisible Hand. Using a famous quotation from The Wealth of Nations, they interpret the Invisible Hand as Smith's (An Inquiry into the Nature and Causes of the Wealth of Nations, Methuen (...) & Co., London) assertion that market participants, in pursuing their own self-interests without regard to the interests of others, will collectively provide the optimal economic benefit to society. We argue that the traditional interpretation of Smith is too narrow and potentially harmful to society. In order to fully understand Smith's notion of the influence of the Invisible Hand on human behavior, one must also consider The Theory of Moral Sentiments. In that work, Smith (The Theory of Moral Sentiments, A. Millar, London) portrays the pursuit of self-interest as only one of several potential motivations for human action. He also acknowledged the existence of a “sympathy principle,” which refers to the ability and propensity of human beings to consider the interests of others. Heilbroner (The Essential Adam Smith, W.W. Norton, New York, p. 59) suggests that Smith's sympathy principle allows one to “determine the appropriate degree of self-interest, the proper display of benevolence, the desirable strictness of justice.” In fact, Smith indicates that (1) a society whose members pursue self-interest without a sense of justice will eventually collapse; (2) a society whose members pursue self-interest checked by their sense of justice alone will survive; (3) a society whose members pursue self-interest, justice, and the interests of others will flourish. Since a more complete reading of Smith indicates that human beings, in considering their own interests, also reflexively consider the interests of others when making decisions, then the traditional corporate governance model appears to be lacking. A broader, multiple stakeholder approach to corporate governance that considers the interests of other constituencies may be more consistent with Smith's views. In particular, Smith's sympathy principle provides a theoretical foundation for a shift away from the narrow, yet dominant, shareholder-based corporate governance model and toward multiple stakeholder models of corporate governance [e.g., Business and Society: A Strategic Approach to Corporate Citizenship, Houghton Mifflin, Boston, MA] and internal decision-making [e.g., Sloan Management Review 38, (1997) 25–37]. (shrink)

Ethics and Decision Making in Counseling and Psychotherapy has a distinct and timely focus on counseling as a profession. Chapters address the mental health professions, values in counseling, decision making, ethical principles, ethical standards, technology, ethical climate, and office/administrative practices. The early chapters present a foundation for ethical practice of the profession and provides solid building blocks to the more advanced perspectives in later chapters. Chapters on specialty practice are lively and contemporary overviews of these practice areas in (...) counseling that reflect more recent trends to increased differentiation of these areas of practice. Each specialty has its own chapter to allow for an extended discussion of the unique aspects of the field that provide clarity to understanding the particular ethical issues and standards that apply in each specialty. The specialty areas recognized by CACREP are included: mental health counseling; school counseling; couple, marital, and family counseling; rehabilitation counseling; addictions counseling; career counseling; and group counseling. This book is broad in its coverage of the most practiced specialties in mental health practice, and provides an efficient and effective overview of the broad scope of particular areas addressed in counseling. (shrink)

This essay explores an aspect of Cicero's use of cultural writing for political ends: his employment of the epideictic rhetorical mode in two of his speeches, Pro Archia and In Pisonem. The epideictic is a ludic rhetorical domain that embraces paradoxes: it encompasses both praise and blame, is both markedly Greek and proximate to the Romans' laudatio funebris, and is associated both with textual fixity and viva voce improvisation. The epideictic mode is thus an ideal vehicle for Cicero's self-fashioning and, (...) moreover, constitutes a framework which reveals that Cicero's encomiastic defense of Archias' Roman citizenship and his invective against his aristocratic nemesis Piso are polar and complementary opposites. The self-consciously literary quality of epideictic allows Cicero to transform the Pro Archia from a legal defense to a general meditation on literary culture in which Cicero blurs himself with his client to defend his own status within Rome's elite while fixing his version of his consulate in ornate prose. The Pro Archia simultaneously becomes a simulacrum of the poem which Cicero hopes Archias will write and Cicero's own pre-mortem funeral oration. Yet the Pro Archia's suppressed legal arguments pregure the eventual failure of his immediate self-fashioning aims. The In Pisonem's invective inverts the Pro Archia's self-fashioning strategies in order to debunk Piso's image and to recuperate Cicero's own prestige at the expense of Piso's. The In Pisonem has the same long-range cultural ambitions as the Pro Archia, but without the previous speech's hopes for tangible short-term success. Faced with his inability to cause Piso real political damage, Cicero crafts an ornately polished caricature of Piso designed to achieve canonical longevity. Cicero's reception by the orators of Seneca's Suasoriae and Controversiae gives evidence of the successes, and limitations, of these long-term cultural goals. (shrink)

This chapter considers how one should frame and deal with the policy decisions that are raised by the prospect of a new generation of technologies with enhanced capabilities for changing and extending the normal human lifespan. The focus on policy decisions is intended to emphasize a contrast with a related set of questions about the desirability of what we stand to gain as individuals by an enhanced capability to intervene in the aging process. The chapter discusses the following questions: Should (...) public funds be committed to support the development or use of this capability to intervene in the aging process in humans? Should legal restraints be imposed on private attempts to develop or use such a capability? The chapter considers the fairness of allowing some individuals to purchase for themselves technologies that could substantially extend their lifespan if it is decided not to make public funds available for this purpose. (shrink)

In recent years, new forms of high-tech controlled environment agriculture (CEA) have received increased attention and investment. These systems integrate a suite of technologies – including automation, LED lighting, vertical plant stacking, and hydroponic fertilization – to allow for greater control of temperature, humidity, carbon dioxide, oxygen, and light in an enclosed growing environment. Proponents insist that CEA can produce sustainable, nutritious, and tasty local food, particularly for the cities of the future. At the same time, a variety of critics (...) raise concerns about its environmental impacts and energy use, high startup costs, and consumer accessibility challenges, among other issues. At this stage, however, relatively little research has explored actual consumer knowledge and attitudes related to CEA processes and products. Guided by theories of sense-making, this article draws from structured interviews with local food consumers in New York City to examine what people know and think about high-tech CEA. From there, it explores the extent to which CEA fits into consumer conceptualizations of what makes for “good food.” Key findings emphasize that significant gaps in public understanding of CEA remain, that CEA products’ success will depend on the ability of the industry to deliver on its environmental promises, and that concerns about “unnatural” aspects of CEA will need to be allayed. Given the price premium at which high-tech CEA products are currently sold, the industry’s expansion will depend in large part on its ability to convince value-oriented food consumers that the products meet the triple-bottom-line of economic, social, and environmental sustainability goals. (shrink)

This book introduces readers to the concept of the neutrosophic set which can deal with dynamic and complex decision-making problems. With the complexity of the socio-economic environment, today's decision-making is one of the most notable ventures, whose mission is to decide the best alternative under numerous known or unknown criteria. This book provides a large amount of theoretical and practical information about the latest research in the field, allowing readers to gain an extensive understanding of both the (...) fundamentals and applications of neutrosophic sets to solve different kinds of decision-making problems and mathematical programming such as medical diagnosis, pattern recognition, construction problems, technology selection etc. (shrink)

This text provides a unique collection of case studies across a wide range of organizations (higher education, K-12 education, military, state and local government administration, non-profit institutions, and agency management, etc.). These cases examine ethical decision-making and organizational and leadership behavioral concepts that are practiced in these organizations. The cases cover topics facing our workforce today and ask the reader to solve the dilemma. Through a discussion of these cases, students apply decision making and organizational and leadership strategies (...) to analyze each case and therefore gain a better understanding of how to effectively lead and manage within their organizations. This text challenges students to think critically and analytically. Students are encouraged to reflect on options a practitioner could use to solve the problem. All of the cases end with an open scenario and a set of questions, allowing students to offer a wide range of opinions and participate in reflective and robust discussions. (shrink)

Kammerer and Frankish (this issue) suggest we evaluate introspection of mental states to examine consciousness, but in cephalopods we can only judge internal actions by behaviour output. We can look for mental states — perceptions, beliefs, and intentions — where the tight input–action linkage that is true for reflexes, instincts, and well-learned actions is discontinuous. Here the animal is internally evaluating the sensory input from previous information and making a decision before acting. Perceptions: the octopus motion parallax head bob (...) and wound tending. Beliefs: the cuttlefish delay of gratification. Intentions: use of previous information for future strategies in octopus win-switch foraging and carrying a coconut for future shelter. Intentions are also used in skin displays, their widespread directional lateralization, the octopus 'passing cloud' to startle an immobile prey, the cuttlefish eyespot dot production to repel only visual predators, and the cuttlefish males' deceptive use of the female skin display. These examples allow us to assume in what situations introspection might be used but tell us little about the process of these actions. However, the quantitative variation, laterality, and combination of different displays suggest that cephalopod sexual skin displays are a special case of linkage of internal evaluation to external output that needs further behavioural and neurophysiological assessment. (shrink)

Affectivity and Philosophy After Spinoza and Nietzsche investigates a much neglected philosophical connection between two of the most controversial figures in the history of philosophy, namely Benedict Spinoza and Friedrich Nietzsche. It is claimed that these thinkers break with the classical image of philosophy as looking beyond affectivity for a knowledge of the world that can allow us to attain surety of judgement, virtue and happiness, and instead insist that the task of philosophy is not to judge what is right (...) or wrong, but understand how it is that we come to make such judgements. As Spinoza famously remarks, we do not desire something because it is good; we rather call something good because we desire it. Philosophy for Spinoza and Nietzsche thus traces the affective genesis of our desires to help us compose our relations in the world in the most joyful manner possible. The crucial orientating role of affective experience thus joins these two disparate thinkers in a single and rare task: to make knowledge the most powerful affect. (shrink)

For courses covering professionalism in any nursing or health program offered in colleges or universities, vocational schools, hospitals, high schools, or through on-the-job training. A balanced introduction to the standards and skills needed to succeed in health care Professionalism in Health Care: A Primer for Career Success is a full-color, engaging, conversational text that helps students understand the common professional standards that all healthcare workers need to provide excellent care and service. It brings together complete coverage of these and other (...) crucial soft skills: work ethic, character, relationships, teamwork, communication and etiquette, honesty, cultural competence, personal image, personal health and wellness, and more. (shrink)

Most deontologists claim that it is more objectionable to do harm than it is to allow harm of comparable magnitude. I argue that this view faces a largely neglected puzzle regarding the moral relevance of an agent's past behavior. Consider an agent who chooses to save five people rather than one, where the one person's life is in jeopardy because of something the agent did earlier. How are the agent's obligations affected by the fact that his now letting the one (...) die would retroactively make it the case that he has killed? I argue that the most promising deontological responses to this question are difficult to defend. Further, it is unclear how the deontologist can resolve a further set of cases, in which commonsense intuition indicates that an agent is required to terminate a threat she initiated more recently in preference to a threat she initiated less recently. (shrink)

Through an integrated multi-disciplinary theory, Michael Robbins proposes that the human mind consists of two mental structures, the one we share with other animate creatures, and a capacity for reflective representational thought which is unique. As an alternative to Freud's model of the human mind as structured by the id, ego and superego, this book contends that the prolonged period of post-natal immaturity - otherwise known as neoteny - which is specific to humans, gives rise to reflective representational thought that (...) in turn allows for the acquisition of complex knowledge. Robbins examines how Freud's conception of the human mind was limited by his ignorance of the related disciplines of sociology, primatology, cultural anthropology and most notably evolution, which were then in their infancy, to explore the implications of the non-unitary nature of the human mind for us as individuals, as a society, and for our future as a species. Drawing on a broad range of influences from psychoanalysis to anthropology, biology, psychology, sociology and politics, this book will be of interest to students and scholars of these disciplines alike. (shrink)

Moral philosophers as different as Aristotle, Hume, and Kant have regarded as morally important not just what we do but also why we do it. Kant is perhaps clearest on this point: he takes actions that are not performed from a motive of duty to lack moral worth, though there is no implication, at least in the Groundwork, that he ruled out their having some other kind of worth or—in particular—their being permissible or even obligatory. My own work presents various (...) grounds for believing that a similar requirement operates in the political domain: one should not only have adequate reason for supporting laws or public policies, but should also be sufficiently motivated by adequate reason. This allows, as Kant might, that one may both have and be motivated by other reasons, whether good or bad. But I also hold, as Kant would, that in order to act in a morally worthy way one must have, for the action in question, some adequate reason that is also motivationally sufficient for one’s doing it. (shrink)

Most deontologists claim that it is more objectionable to do harm than it is to allow harm of comparable magnitude. I argue that this view faces a largely neglected puzzle regarding the moral relevance of an agent's past behavior. Consider an agent who chooses to save five people rather than one, where the one person's life is in jeopardy because of something the agent did earlier. How are the agent's obligations affected by the fact that his now letting the one (...) die would retroactively make it the case that he has killed? I argue that the most promising deontological responses to this question are difficult to defend. Further, it is unclear how the deontologist can resolve a further set of cases, in which commonsense intuition indicates that an agent is required to terminate a threat she initiated more recently in preference to a threat she initiated less recently. (shrink)

Drawing on Sir Ian Kennedy's extensive experience in healthcare law, ethics and public policy-making, this book explores vital issues in the law surrounding healthcare and regulation. The book contains a range of published and unpublished essays and speeches with the addition of notes and commentaries by the author that bring the pieces up to the present day. Those who want to understand developments, from transplants to confidentiality, from COVID-19 to public inquiries to regulation will find a rich seam of (...) rigorous, informed analysis. The author's unique range of experience allows him to share insights on a variety of issues; from the conduct of the disgraced breast surgeon, Ian Paterson, to research at Porton Down, to the economics of innovation in drug development at NICE. His abiding interest in the welfare of children informs his trenchant forensic examination of how children fare in the NHS. Those involved in or with an interest in law, moral philosophy, and public policy will find much food for thought. (shrink)

In this article we propose that executive functions play a key role in the origin of language. Our proposal is based on the methodological assumption that some of the cognitive systems involved in language functioning are also involved in its phylogenetic origin. In this regard, we demonstrate that a key property of language functioning is discourse coherence. Such property is not dependent on grammatical elements but rather is processed by cognitive systems that are not specific for language, namely the executive (...) functions systems of action planning, control and organization. Data from cognitive archaeology on the making of stone tools show that the processes requested to produce Prehistoric tools imply action organization operations similar to those involved in the processing of coherence. Based on these considerations, we propose that executive functions represent the link between stone tool making and language origins and suggest that they allowed our ancestors to develop forms of proto-discourse governed by coherence. (shrink)

The use of new paradigms of false belief tasks allowed to reduce the age of children who pass the test from the previous 4 years in the standard version to only 15 months or even a striking 6 months in the nonverbal modification. These results are often taken as evidence that infants already possess an—at least implicit—theory of mind. We criticize this inferential leap on the grounds that inferring a ToM from the predictive success on a false belief task requires (...) to assume as premise that a belief reasoning is a necessary condition for correct action prediction. It is argued that the FBT does not satisfactorily constrain the predictive means, leaving room for the use of belief-independent inferences. These heuristics, when applied to the FBT, can achieve the same predictive success of a belief-based inference because information provided by the test stimulus allows the recognition of particular situations that can be subsumed by their ‘laws’. Instead of solving this issue by designing a single experimentum crucis that would render unfeasible the use of non-representational inferences, we suggest the application of a set of tests in which, although individually they can support inferences dissociated from a ToM, only an inference that makes use of false beliefs is able to correctly predict all the outcomes. (shrink)

Two problems seem to plague Adam Smith’s account of sympathy and approbation in The Theory of Moral Sentiments (TMS). First, Smith’s account of sympathy at the beginning of TMS appears to be inconsistent with the account of sympathy at the end of TMS. In particular, it seems that Smith did not appreciate the distinction between ‘self-oriented sympathy’ and ‘other-oriented sympathy’, that is, between imagining being oneself in the actor’s situation and imagining being the actor in the actor’s situation. Second, Smith’s (...) account of approbation, according to which a sentiment of approval arises when there is recognition of concordance between the spectator’s sympathetic passion and the actor’s original passion, seems to face the following problem: since the spectator attains both his own sympathetic passion and the actor’s original passion by sympathizing with the actor, the sympathetic passion of the spectator and the original passion of the actor will necessarily be identical. Therefore, Smith’s account of approbation requires that the spectator utilize both self-oriented and other-oriented sympathy (‘the double-sympathy model of approbation’). I offer a novel developmental account of sympathy in TMS that renders Smith’s account of sympathy consistent and allows for the utilization of the double-sympathy model of approbation. (shrink)

Attempts to defend the moral significance of the distinction between doing and allowing harm directly have left many unconvinced. I give an indirect defence of the moral significance of the distinction between doing and allowing, focusing on the agent's duty to reason in a way that is responsive to possible harmful effects of their behaviour. Due to our cognitive limitations, we cannot be expected to take all harmful consequences of our behaviour into account. We are required to be (...) responsive to harmful consequences that have some feature that makes it easy for us to become aware of them. I show that, under Jonathan Bennett's analysis of the doing/allowing distinction, harm that is incidentally done has such a feature, which is not shared by harm that is incidentally allowed. Any plausible analysis of the doing/allowing distinction will entail a similar asymmetry. It follows that, prima facie, an agent who incidentally does harm has violated a moral requirement (the deliberative requirement) which an agent who incidentally allows harm has not violated. 1. (shrink)

Knowledge concerning the cognition involved in perceiving and remembering faces has informed the design of at least two generations of facial compositing technology. These systems allow a witness to work with a computer in order to construct an image of a perpetrator. Research conducted with systems currently in use has suggested that basing the construction process on the witness recalling and verbally describing the face can be problematic. To overcome these problems and make better use of witness cognition, the latest (...) systems use a combination of Principal Component Analysis facial synthesis and an array-based interface. The present paper describes a preliminary study conducted to determine whether the use of an array-based interface really does make appropriate use of witness cognition and what issues need to be considered in the design of emerging compositing technology. (shrink)

Conversations with patients and families about the allow-natural-death (AND) order, along with the standard do-not-resuscitate (DNR) order during end-of-life (EOL) decision-making, may create engagement and understanding while promoting care that can be defended using enduring notions of autonomy, beneficence, and professional duty. Ethical, legal, and pragmatic issues surrounding EOL care decision-making seem to suggest discussion of AND orders as one strategy clinicians could consider at the individual practice level and at institutional levels. A discussion of AND orders, along (...) with traditional DNR orders is presented. This is followed by argument and counter-argument focused on ethical, legal, and practical issues germane to EOL care decision-making associated with use of AND orders. (shrink)

This article provides a new argument and a new value-theoretical ground for person-centered care and shared decision making that ascribes to it the role of enabling rational choice in situations involving clinical choice. Rather than referring to good health outcomes and/or ethical grounds such as patient autonomy, it argues that a plausible justification and ground for person-centered care and shared decision making is preservation of rationality in the face of comparative non-determinacy in clinical settings. Often, no alternative treatment (...) will be better than or equal to every other alternative. In the face of such comparative non-determinacy, Ruth Chang has argued that we can make rational decisions by invoking reasons that are created through acts of willing. This article transfers this view to clinical decision making and argues that shared decision making provides a solution to non-determinacy problems in clinical settings. This view of the role of shared decision making provides a new understanding of its nature, and it also allows us to better understand when caregivers should engage in shared decision making and when they should not. (shrink)

There is no consensus about the ethical ideal of genetic counselling and decision making. This paper reviews and discusses some of the most prominent ethical arguments that have been brought forward against the non-directiveness principle (NDP), which has been the ethical gold standard for a long time. These arguments can be classed in four categories: (i) NDP can be against the best interests of the individuals concerned; (ii) NDP has ideological elements that do not adequately represent the counselling ethos; (...) (iii) NDP was historically a defensive tool that protected the interests of geneticists against social criticism and against litigation; (iv) NDP falsely assumes individual responsibility and hides the shared responsibility of other social actors. The paper argues that a serious understanding of moral space, which people need in order to make ‘their own’ decisions, leads to a necessarily relational concept of agency. The positive counterpart of NDP is to allow a space for agency. Allowing agency implies offering the kind of support that the decision-making person really needs. To make a good decision about personal genetics implies being empowered to act as a contextually sensitive person who is aware of relationships and corresponding responsibilities. (shrink)

Evaluator-relative consequentialists frequently endorse the traditional doing-allowing distinction. Yet their endorsement of this traditional distinction only serves to clear the way for their argument against a more fundamental doing-allowing distinction, an argument that one never ought to do something when this will allow something worse to happen. Unlike the case against its more traditional counterpart, the case against this deeper doing-allowing distinction can draw for support upon widely held “state of affairs centered” accounts of attitudes, actions, reasons (...) and value, accounts upon which desires are (all) attitudes towards states of affairs, practical reasons are all reasons to promote states of affairs, and to act is to make something happen -- to promote, produce, or bring about some states of affairs. Moreover, to reject this deeper distinction is to accept the centerpiece of consequentialism – that the evaluation of actions is determined through appeal to the evaluation of states of affairs. Only once the nature of the deep doing-allowing distinction, and these grounds for its rejection, come into view, does it also become clear both what an adequate response to such arguments for its rejection will look like, and that many elements of such a response have already been proposed. (shrink)

Virtue ethics has now well and truly established itself as one of the main normative theories. It is now quite common, and indeed, expected, for virtue ethics to be included, alongside deontology and consequentialism, in any Moral Philosophy syllabus worth its salt. Students are typically introduced to virtue ethics only after studying the other two normative theories, and this often sets the scene for various sorts of misunderstandings, with students expecting virtue ethics to be based on the same set of (...) rules and assumptions as its rivals. Or at least, that is my experience. In this paper I want to focus on one such misunderstanding, which arises when trying to apply virtue ethics to our judgments of other people’s actions and behaviour. Although there are countless ways in which a theory can be misunderstood, it is worth guarding against this one in particular, given that it can lead someone who takes virtue ethics seriously to act in ways that are not virtuous, or even vicious. I begin by making a few remarks about the role of normative theory, and then go on to give four examples of how applying virtue ethics can lead to poor behaviour. In the final section I identify the mistake in question and conclude by noting how it can be avoided. (shrink)

A wide-ranging analysis of the Mokṣopāya, the Indian literary classic that teaches through storytelling how to enjoy an active, successful, worldly life in a spiritually enlightened way. In the Mokṣopāya (also known as the Yogavāsiṣṭha), an eleventh-century Sanskrit poetic text, the great Vedic philosopher Vāsiṣṭha counsels his young protégé Lord Rāma about the ways of the world through sixty-four stories designed to bring Rāma from ignorance to wisdom. Much beloved, this work reflects the philosophy of Kashmir Śaivism. Precisely because all (...) worldly pursuits are dreamlike and fiction-like, the human soul must first come to an experience of non-dualistic, mind-only metaphysics, and after attaining this wisdom, promote moral activism. _Engaged Emancipation_ is a wide-ranging consideration of this work and the philosophical and spiritual questions it addresses by philosophers, Sanskritists, and scholars of religion, literature, and science. Contributors allow readers to walk with Rāma as his melancholy and angst transform into connectivity, peace, and spiritual equipoise. (shrink)

This paper reports the results of an experiment designed to uncover the stochastic structure of individual preferences over lotteries. Unlike previous experiments, which have presented subjects with pair-wise choices between lotteries, our design allowed subjects to choose between two lotteries or (virtually) any convex combination of the two lotteries. We interpret the mixtures of lotteries chosen by subjects as a measure of the stochastic structure of choice. We test between two alternative interpretations of stochastic choice: the random utility interpretation and (...) the deterministic preferences interpretation. The main findings of the experiment are that the typical subject prefers mixtures of lotteries rather than the extremes of a linear lottery choice set. The distribution of choices does not change between a first and second asking of the same question. We argue that this provides support for the deterministic preferences interpretation over the random utility interpretation of stochastic choice. As a subsidiary result, we find a small proportion of subjects make choices that violate transitivity, but the level of intransitive choice falls significantly over time. (shrink)

Is musical practice 'real' - and how is it connected with everyday life? Eva-Maria Houben shows that making music changes as soon as its meaning is not sought in a purpose-oriented production of results, but in performing music as an activity - indeed, as play. Musical practice, Eva-Maria Houben contends, should be understood as open and never finished. Such an emphasis on repetition can free us from perfection, productivity, and purpose, allowing meaning to unfold in specific situations, places, (...) and relationships. Thus understood, musical practice can become a form of life and a reality in its own right. (shrink)

This paper makes a conceptual inquiry into the notion of ‘publics’, and forwards an understanding of this notion that allows more responsible forms of decision-making with regards to technologies that have localized impacts, such as wind parks, hydrogen stations or flood barriers. The outcome of this inquiry is that the acceptability of a decision is to be assessed by a plurality of ‘publics’, including that of a local community. Even though a plurality of ‘publics’ might create competing normative demands, (...) its acknowledgment is necessary to withstand the monopolization of the process of technology appraisal. The paper presents four ways in which such an appropriation of publicness takes place. The creation of dedicated ‘local publics’, in contrast, helps to overcome these problems and allows for more responsible forms of decision-making. We describe ‘local publics’ as those in which stakeholders from the different publics that are related to the process of technology implementation are brought together, and in which concerns and issues from these publics are deliberated upon. The paper will present eight conditions for increasing the effectiveness of such ‘local publics’. (shrink)

Stability definitions for describing human behavior under conflict when coalitions may form are generalized within the Graph Model for Conflict Resolution and algebraic formulations of these definitions are provided to allow computer implementation. The more general definitions of coalitional stabilities relax the assumption of transitive graphs capturing movements under the control of decision makers, either independently or cooperatively, and allow the convenient expansion to the case of coalitions of the four basic individual stabilities consisting of Nash stability, general metarationality, symmetric (...) metarationality, and sequential stability. To permit the various coalitional stabilities to be efficiently calculated and conveniently encoded within a decision support system, algebraic expressions for the coalitional stabilities are provided in this research. Furthermore, a range of the theorems establish the mathematical credibility of employing the innovative algebraic approach to conflict resolution when coalitions are present. Finally, a conflict over the proposed exportation of bulk water from Lake Gisborne within the Canadian Province of Newfoundland and Labrador is modelled and analyzed to illustrate the practical application of the different coalitional stabilities and the strategic insights they provide. (shrink)

bell hooks is one of the seminal feminist theoreticians whose body of work not only provides discursive understandings of intersectional modes of oppression, but also a conceptual roadmap for creating the material conditions that lead to social transformation. In this essay, I posit the formulation of a theory of transformative revolutionary action that comes out of hoolis' ruminations on the following concepts: marginality as a position and place of resistance, killing rage, revolutionary interdependency and the politics of sisterhood, and the (...) beloved community and the politics of love. These concepts form the basis for imagining a community of individuals committed to advancing feminist principles through revolutionary action that promotes social transformation, hool identifies the spatial, emotional, and interpersonal factors that contribute to a praxis-oriented transgressive politic, and reminds feminist academics of our place in social movement work, which is to construct the theoretical, conceptual and empirical apparatus to bolster feminist activism. While her ideas are not without criticism, the dialectical tension among feminist thinkers ultimately leads to a more profound, nuanced understanding of womens experiences that will then inform feminist activism. (shrink)

Animals are usually considered to lack the status of autonomous agents. Nevertheless, they do appear to make ostensible choices. This article considers whether, and how, I should respect animals' choices. I propose a concept of volitionality which can be respected if, and insofar as, doing so is in the best interests of the animal. Applying that concept, I will argue that an animals' choices be respected when the relevant human decision maker's capacities to decide are potentially challenged or compromised. For (...) example, it will be best to respect the animals' choice when the human decision maker: lacks accurate knowledge of the animal's subjective experiences; does not know what will lead to desirable experiences or allow for the avoidance of undesirable ones; is biased; is less aware of the animal's specific situation; cannot appreciate all elements comprehensively, including considering any value to the animal being allowed to make and implement a choice, such as where a lack of control or liberty would be unpleasant or where an animal would usefully learn from the process of choice-making; and when the animal's choice is achievable. This additionally suggests that we may often beneficially choose to set up situations that empower animals to make better choices. (shrink)