Despite continuing controversies regarding the vital status of both brain-dead donors and individuals who undergo donation after circulatory death (DCD), respecting the dead donor rule (DDR) remains the standard moral framework for organ procurement. The DDR increases organ supply without jeopardizing trust in transplantation systems, reassuring society that donors will not experience harm during organ procurement. While the assumption that individuals cannot be harmed once they are dead is reasonable in the case of brain-dead protocols, we argue that the DDR (...) is not an acceptable strategy to protect donors from harm in DCD protocols. We propose a threefold alternative to justify organ procurement practices: (1) ensuring that donors are sufficiently protected from harm; (2) ensuring that they are respected through informed consent; and (3) ensuring that society is fully informed of the inherently debatable nature of any criterion to declare death. (shrink)
OBJECTIVE: To describe the issues faced, and how they were addressed, by the University of Toronto Critical Care Medicine Program/Joint Centre for Bioethics Task Force on Appropriate Use of Life-Sustaining Treatment. The clinical problem addressed by the Task Force was dealing with requests by patients or substitute decision makers for life-sustaining treatment that their healthcare providers believe is inappropriate. DESIGN: Case study. SETTING: The University of Toronto Joint Centre for Bioethics/Critical Care Medicine Program Task Force on Appropriate Use of Life-Sustaining (...) Treatment. PARTICIPANTS: The 24-member Task Force included physician and nursing leaders from five critical care units, bioethicists, a legal scholar, a health administration expert, a social worker, and a hospital public relations professional. INTERVENTIONS: None. MEASUREMENTS AND MAIN RESULTS: Our specific lessons learned include a) a policy focus on process; b) use of a negotiation and mediation model, rather than a hospital ethics committee model, for this process; and c) the policy development process is itself a negotiation, so we recommend equal involvement of interested groups including patients, families, and the public. CONCLUSIONS: This article describes the key issues faced by the Task Force while developing its policy. It will provide a useful starting point for other groups developing policy on appropriate use of life-sustaining treatment. (shrink)
How does a subject who is competent to detect the irrationality of a belief that p, form her belief against weighty or even conclusive evidence to the contrary? The phenomenon of self-deception threatens a widely shared view of beliefs according to which they do not regularly correspond to emotions and evaluative attitudes. Accordingly, the most popular answer to this question is that the belief formed in self-deception is caused by an intention to form that belief. On this view, the state (...) of self-deception is taken to be a calculated outcome involving a person's intentional manipulation of her own thoughts. I argue that this answer is false and forms an impediment towards making sense of self-deception. I show that, contrary to philosophical prejudice, emotions and desires exert vast and systematic effects on the formation of beliefs. In this, and other, sections of the article, the results of experimental work are brought forward. Self-deception is portrayed here as resembling numerous instances of belief formation which are regularly affected by motivational factors. I argue that self-deceptive beliefs are direct expressions of the subject's wishes, fears and hopes. Qua beliefs which mostly correspond to such factors (rather than to evidence), self-deceptive states are a kind of fantasy. (shrink)
In this paper, I ask how – and whether – the rectification of injury at which corrective justice aims is possible, and by whom it must be performed. I split the injury up into components of harm and wrong, and consider their rectification separately. First, I show that pecuniary compensation for the harm is practically plausible, because money acts as a mediator between the damaged interest and other interests. I then argue that this is also a morally plausible approach, because (...) it does not claim too much for compensation: neither can all harms be compensated, nor can it be said when compensation is paid that the status quo ante has been restored. I argue that there is no conceptual reason for any particular agent paying this compensation. I then turn to the wrong, and reject three proposed methods of rectification. The first aims to rectify the wrong by rectifying the harm; the second deploys punitive damages; the third, punishment. After undermining each proposal, I argue that the wrong can only be rectified by a full apology, which I disaggregate into the admission of causal and moral responsibility, repudiation of the act, reform, and, in some cases, disgorgement and reparations, which I define as a good faith effort to share the burden of the victim’s harm. I argue, further, that only the injurer herself can make a full apology, and it is not something that can be coerced by other members of society. As such, whether rectification of the wrong can be a matter of corrective justice is left an open question. (shrink)
This paper asks whether we can defend associative duties to our compatriots that are grounded solely in the relationship of liberal co-citizenship. The sort of duties that are especially salient to this relationship are duties of justice, duties to protect and improve the institutions that constitute that relationship, and a duty to favour the interests of compatriots over those of foreigners. Critics have argued that the liberal conception of citizenship is too insubstantial to sustain these duties — indeed, that it (...) gives us little reason to treat compatriots any differently from how we treat foreigners, with all the practical consequences that this would entail. I suggest that on a specific conception of liberal citizenship we can, in fact, defend associative duties, but that these extend only to the duty to protect and improve the institutions that constitute that relationship. Duties of justice and favouritism, I maintain, cannot be particularised to one's compatriots. (shrink)
This commentary concentrates on two flaws in Mele's account. The first is Mele's attempt to account for self-deception by appealing to a desire to believe, together with an instrumental belief concerning the means of satisfying this desire. Contrary to Mele, it is argued that such an account requires a recognition on the part of agents that their actions instantiate these means. Second, Mele misidentifies the most essential – and flawed – ingredient of the standard approach to self-deception, the agent's desire (...) to form the belief (the belief that is undermined by the evidence). This ingredient is retained in Mele's own account of self-deception. (shrink)
This paper explicates a conception of injury as right-violation, which allows us to distinguish between setbacks to interests that should, and should not, be the concern of theories of justice. It begins by introducing a hybrid theory of rights, grounded in (a) the mobilisation of our moral equality to (b) protect our most important interests, and shows how violations of rights are the concern of justice, while setbacks where one of the twin grounds of rights is defeated are not. It (...) then looks more closely at the substantive moral components of injury, namely harm—damage to one’s interests—and wrong—disrespect for one’s moral equality. It argues that, on the hybrid conception of rights, harm and wrong are individually necessary and jointly sufficient components of injury, and the disvalue of neither is reducible to the other—in particular, it is a mistake to construe the disrespect identified by wrong as another damaged interest. Finally, it distinguishes between the public and private dimensions of harm and wrong, and makes some preliminary suggestions as to whether the remedy for these different dimensions should lie in criminal, distributive, or corrective justice. (shrink)
This is the first collection to bring together well-known scholars writing from feminist perspectives within critical discourse analysis. The theoretical structure of CDA is illustrated with empirical research in Eastern and Western Europe, New Zealand, Asia, South America and the US, demonstrating the complex workings of power and ideology in discourse in sustaining particular gender(ed) orders. These studies deal with texts and talk in domains ranging from parliamentary settings, news and advertising media, the classroom, community literacy programs and the workplace.
The following is a transcript of the interview I (Yasuko Kitano) conducted with Neil Levy (The Centre for Applied Philosophy and Public Ethics, CAPPE) on the 23rd in July 2009, while he was in Tokyo to give a series of lectures on neuroethics at The University of Tokyo Center for Philosophy. I edited his words for publication with his approval.
In his response to my essay “Out of Control,” Neil Levy contests my claims that (1) we are often responsible for acts that we do not consciously choose to perform, and that (2) despite the absence of conscious choice, there remains a relevant sense in which these actions are within our control. In this reply to Levy, I concede that claim (2) is linguistically awkward but defend the thought that it expresses, and I clarify my defense of claim (1) (...) by distinguishing my position from attributionism. (shrink)
In a paper in this journal, Neil Levy challenges Nicholas Agar’s argument for the irrationality of mind-uploading. Mind-uploading is a futuristic process that involves scanning brains and recording relevant information which is then transferred into a computer. Its advocates suppose that mind-uploading transfers both human minds and identities from biological brains into computers. According to Agar’s original argument, mind-uploading is prudentially irrational. Success relies on the soundness of the program of Strong AI—the view that it may someday be possible (...) to build a computer that is capable of thought. Strong AI may in fact be false, an eventuality with dire consequences for mind-uploading. Levy argues that Agar’s argument relies on mistakes about the probability of failed mind-uploading and underestimates what is to be gained from successfully mind-uploading. This paper clarifies Agar’s original claims about the likelihood of mind-uploading failure and offers further defense of a pessimistic evaluation of success. (shrink)
Brian Leiter and Neil Sinhababu (eds), Nietzsche and Morality Content Type Journal Article DOI 10.1007/s10677-008-9134-6 Authors Rainer Kattel, Tallinn University of Technology Ehitajate tee 5 19086 Tallinn Estonia Journal Ethical Theory and Moral Practice Online ISSN 1572-8447 Print ISSN 1386-2820.
Neil MacCormick says that his "version of institutional theory" about the law 'is "non positivist", or, if you wish, "post-positivist"'. He is aware, however, that his work could be perfectly labelled, from the point of view of the history of legal and moral thought, as a form of natural law theory, at least by those who adhere to some version of natural law. It is an important merit of MacCormick that, rising above the label walls and wars, his theory (...) of law has taken into account the main insights of the great authors belonging to both traditions, such as Hans Kelsen and Herbert Hart, on the so-called "positivist" side, and some authors in the Thomistic tradition, particularly John Finnis, as well as "the writings of seventeenth and eighteenth century jurists concerning natural jurisprudence and the law of nature", on the so-called "natural law" side. Writing with such openness to all sources and insights, Neil MacCormick, one of the most eminent legal philosophers of our time, does not surprise us when he chooses to end his lifetime's work with an attempt to dig into the ethical foundations of all that he has written on law and politics. Practical Reason in Law and Morality is, in a way, his most significant book. He tackles here the deeper issues that he himself realised were left open and uncertain in his salient works on legal theory. He considered this book as the last one in a quartet on "Law, State, and Practical Reason". The quartet itself has become the culmination of a life devoted to the common good, in academia and in politics, among many other endeavours. Notwithstanding its flaws, I am convinced that Neil MacCormick's last book can be illuminating for all those students, and even professors, who go about doing legal philosophy without ever reading anything antedating Hart's Concept of Law. They tend to be confused by sophisticated forms of scepticism, luxurious discussions on law and morality and metaethics, and all sorts of distrust of truth in practical matters. Hence they will surely benefit from reading how a great legal philosopher of our time, once equally confused but always honestly open to rational deliberation and fair discussion, freed himself of at least half of his misunderstandings, and learned a lot by reading some natural law theorists old and new. (shrink)
Neil Smith has worked across the full range of the discipline of linguistics and explored its interfaces with other disciplines. In all this work he has maintained a commitment to a mentalist approach to the study of language and communication. The aim of this Special Issue is to honour his work and commitment with a collection of papers which brings together work by phonologists, syntacticians, psycholinguists, and pragmatists who share this interest in language as a central component of the (...) human mind and who have worked with Neil, whether as colleagues, collaborators, or students. Neil’s career can be viewed in relation to three main developments in modern linguistics. First, it reflects the development of generativism, in both syntax and phonology. For Neil, this has meant working within, and exploring the ramifications of, the groundbreaking theoretical framework for linguistics initiated and developed by Noam Chomsky. Neil has given full expression to this intellectual debt in two book-length studies of Chomsky’s ideas and principles (Smith and Wilson 1979, Smith 1999) and in many papers and commentaries. Notwithstanding his unswerving Chomskyan allegiance, Neil has been open to, and has encouraged, the exploration of alternative approaches to both syntax and phonology, including optimality theory, GPSG, word grammar, and categorial grammar. The second development reflected in Neil’s work is the trend towards placing research in linguistics in the context of research in cognitive psychology and philosophy of mind and language - in other words, the development of linguistics as one of the cognitive sciences, again very much a Chomskyan initiative. This ‘cognitive turn’ can be seen as, at least in part, a consequence of a commitment to generativism and to linguistic theories that aim to go beyond detailed description of data to achieve explanatory adequacy. In the field of phonology, this search for explanatory adequacy led to Neil’s work on the acquisition of.... (shrink)
Quarrels between philosophers are never entirely disconnected from larger quarrels. There was a hidden agenda behind the split between old-fashioned “humanistic” philosophy (of the Dewey-Whitehead sort) and the positivists, and a similar agenda lies behind the current split between devotees of “analytic” and “Continental” philosophy. The heavy breathing on both sides about the immorality and stupidity of the opposition signals passions which academic power struggles cannot fully explain. Neil Gross’s monograph study on the American philosopher Richard Rorty (1931–2007) is (...) a multi-layered tapestral offering that deftly weaves together informative strands of cultural history with the binding threads of .. (shrink)
In Chapter 7 of The Taming of the True, Neil Tennant provides a new argument from Michael Dummett's ``manifestation requirement'' to the incorrectness of classical logic and the correctness of intuitionistic logic. I show that Tennant's new argument is only valid if one interprets crucial existence claims occurring in the proof in the manner of intuitionists. If one interprets the existence claims as a classical logician would, then one can accept Tennant's premises while rejecting his conclusion of logical revision. (...) Thus, Tennant has provided no evidence that should convince anyone who is not already an intuitionist. Since his proof is a proof for the correctness of intuitionism, it begs the question. (shrink)
Writing about the intellectual development of a philosopher is a delicate business. My own endeavor to reinterpret the influence of Hegel on Dewey troubles some scholars because, they believe, I make Dewey seem less original.1 But if, like Dewey, we overcome Cartesian dualism, placing the development of the self firmly within a complex matrix of social processes, we are forced to reexamine, without necessarily surrendering, the notion of individual originality, or what Neil Gross calls “discourse[s] of creative genius.”2 To (...) use a mundane example, I can recall several conversations with Dewey scholars about his dislike for his home state of Vermont, all of which revolved around personal reasons he may .. (shrink)
Neil Tennant (Tennant, 2005) has offered an important observation about the AGM theory of belief revision (G¨ardenfors, 1988). We attempt to restate and demonstrate his result in a slightly different way. Fix a formal language L that embeds sentential logic. Given K ⊆ L and ϕ ∈ L, K ⊥ ϕ denotes the class of maximally consistent subsets of K that do not imply ϕ. That is, A ∈ K ⊥ ϕ iff A ⊆ K, A |= ϕ, and (...) there is no B ⊆ K such that B ⊃ A and.. (shrink)
This paper offers a diachronic reconstruction of MacCormick's theory of law and legal argumentation: In particular, two related points will be highlighted in which the difference between the perspective upheld in Legal Reasoning and Legal Theory and the later writings is particularly marked. The first point concerns MacCormick's gradual break with legal positivism, and more specifically the thesis that the implicit pretension to justice of law proves legal positivism false in all its different versions. The second point concerns MacCormick's acceptance (...) of the one-right-answer thesis and the consequent thinning of the differences between MacCormick's theory of legal reasoning and that of Ronald Dworkin and of Robert Alexy. The intent, however, is not only to describe this change in MacCormick's thought, but also to attempt a defence of the original view that we find in Legal Reasoning and Legal Theory. (shrink)
This is an extremely frustrating study. At a basic level it is a competent intellectual biography of Rorty. The writing in the biographical parts of the book is fluent and clear. The historical research in the papers of Rorty and his family is impressive. Although Gross is a sociologist, he has used to his advantage interviews with many people, including Rorty himself before he died. The reader interested in Rorty will find the biography a mine of information, and will in (...) addition get a good sense of how Rorty thought and where his ideas came from. Yet this biographical material, which the author himself describes as straightforward narrative, occupies only 200 of the 360 pages of the text. The other 45% of the .. (shrink)
Eight philosophers discuss the works of the best-selling novelist and graphic novelist, including The Graveyard Book, Coraline and Good Omens and reveal their thoughts on the intersection of fantasy and reality and whether the unknown is as ...