Much legislation dealing with the uses of genetic information could be criticised for exceptionalising genetic information over other types of information personal to the individual. This paper contends that genetic exceptionalism clouds the issues, and precludes any real debate about the appropriate uses of genetic information. An alternative to “genetically exceptionalist” legislation is to “legislate for fairness”. This paper explores the “legislating for fairness” approach, and concludes that it demonstrates a fundamental misunderstanding of both how legislation is drafted, and how (...) it is interpreted. The uncomfortable conclusion is this: policy-makers and legislators must tackle head-on the difficult policy questions concerning what should and should not be done with genetic information. Only by confronting this crucial issue will they achieve a workable legislative solution to the problems caused by genetic information. (shrink)
Stephen Wilkinson asks what is it that makes some commercial uses of the body controversial, whether such arguments stand up, and whether legislation outlawing ...
Written with the beginner in mind, Robert Wilkinson carefully introduces the reader to the fundamental components of the philosophy of mind. Each chapter is then helpfully linked to a reading from key thinkers in the field such as Descartes and John R. Searle.
Transplantation is a medically successful and cost-effective way to treat people whose organs have failed--but not enough organs are available to meet demand. Ethics and the Acquisition of Organs is concerned with the major ethical problems raised by policies for acquiring organs. The main topics are the rights of the dead, the role of the family, opt in and opt out systems, the conscription of organs, living organ donation from adults and children, directed donation and priority for donors, and the (...) sale of organs. In this ground-breaking work, T. M. Wilkinson uses concepts from moral and political theory such as autonomy, rights, posthumous interests, justice, and well-being, in a context informed by the clinical, legal, and policy aspects of transplantation. The result is a rigorous philosophical exploration of real problems and options. He argues that the ethics of acquiring organs for transplantation is not only of great intellectual interest, but also of practical importance. As such, this book will be of profit not only to students and academics who work in applied ethics and bioethics, but also to the lawyers, policy-makers, clinicians, and lobby groups interested in transplantation. (shrink)
To what extent should parents be allowed to use reproductive technologies to determine the characteristics of their future children? And is there something morally wrong with parents who wish to do this? Choosing Tomorrow's Children provides answers to these (and related) questions. In particular, the book looks at issues raised by selective reproduction, the practice of choosing between different possible future persons by selecting or deselecting (for example) embryos, eggs, and sperm. -/- Wilkinson offers answers to questions including the (...) following. Do children have a 'right to an open future' and, if they do, what moral constraints does this place upon selective reproduction? Should parents be allowed to choose their future children's sex? Should we 'screen out' as much disease and disability as possible before birth, or would that be an objectionable form of eugenics? Is it acceptable to create or select a future person in order to provide lifesaving tissue for an existing relative? Is there a moral difference between selecting to avoid disease and selecting to produce an 'enhanced' child? Should we allow deaf parents to use reproductive technologies to ensure that they have a deaf child? (shrink)
Wilkinson (1991a) developed arguments that the distributions of primitive character states may delimit clades, and proposed a method that exploited the evidence of primitive character state distributions for inferring clades. Whiting and Kelly (1995) presented a critique of these ideas, arguing that they are logically incoherent and that the method does not succeed in its aims. This critique severely misrepresents the original arguments and the method, and amounts to no more than an attack on a straw man.
It is argued that there are good reasons for believing that commercial surrogacy is often exploitative. However, even if we accept this, the exploitation argument for prohibiting (or otherwise legislatively discouraging) commercial surrogacy remains quite weak. One reason for this is that prohibition may well 'backfire' and lead to potential surrogates having to do other things that are more exploitative and/or more harmful than paid surrogacy. It is concluded, therefore, that those who oppose exploitation should concentrate on: (a) improving the (...) conditions under which paid surrogates 'work'; and (b) changing the background conditions (in particular, the unequal distribution of power and wealth) which generate exploitative relationships. (edited). (shrink)
There are not enough solid organs available to meet the needs of patients with organ failure. Thousands of patients every year die on the waiting lists for transplantation. Yet there is one currently available, underutilized, potential source of organs. Many patients die in intensive care following withdrawal of life-sustaining treatment whose organs could be used to save the lives of others. At present the majority of these organs go to waste.In this paper we consider and evaluate a range of ways (...) to improve the number and quality of organs available from this group of patients. Changes to consent arrangements (for example conscription of organs after death) or changes to organ donation practice could dramatically increase the numbers of organs available, though they would conflict with currently accepted norms governing transplantation.We argue that one alternative, Organ Donation Euthanasia, would be a rational improvement over current practice regarding withdrawal of life support. It would give individuals the greatest chance of being able to help others with their organs after death. It would increase patient autonomy. It would reduce the chance of suffering during the dying process. We argue that patients should be given the choice of whether and how they would like to donate their organs in the event of withdrawal of life support in intensive care.Continuing current transplantation practice comes at the cost of death and prolonged organ failure. We should seriously consider all of the alternatives. (shrink)
The commercial trading of human organs, along withvarious related activities (for example, advertising)was criminalised throughout Great Britain under theHuman Organ Transplants Act 1989.This paper critically assesses one type of argumentfor this, and similar, legal prohibitions:commodification arguments.Firstly, the term `commodification' is analysed. Thiscan be used to refer to either social practices or toattitudes. Commodification arguments rely on thesecond sense and are based on the idea that having acommodifying attitude to certain classes of thing(e.g. bodies or persons) is wrong. The commodifyingattitude consists (...) of three main elements: denial ofsubjectivity, instrumentality, and fungibility.Secondly, in the light of this analysis, the claimthat organ sale involves commodifying the human bodyis examined. This claim is found to be plausible butinsufficient to ground an argument against organ sale,because the very same commodifying attitude is likelyto be present in cases of (unpaid) organ donation. Itis also argued that commodifying bodies per semay not be wrong.Thirdly, the view that organ sale involvescommodifying persons is examined. Although this andthe claim that it is wrong to commodify persons areprobably true, there is â it is argued â littlereason to regard organ sale as worse in this respectthan other widely accepted practices, such as thebuying and selling of labour.The conclusion is that although commodification is auseful ethical concept and although commodificationarguments may sometimes be successful, thecommodification argument against organ sale is notpersuasive. This is not to say, though, that thereare no arguments for prohibition â simply that thisparticular justificatory strategy is flawed. (shrink)
This article provides a critical assessment of some aspects of Ann Kerr and Tom Shakespeare's Genetic Politics: from eugenics to genome. In particular, I evaluate their claims: (a) that bioethics is too ‘top down’, involving normative prescriptions, whereas it should instead be ‘bottom up’ and grounded in social science; and (b) that contemporary bioethics has not dealt particularly well with people's moral concerns about eugenics. I conclude that several of Kerr and Shakespeare's criticisms are well-founded and serve as valuable reminders (...) to the bioethics community. These include the claims: that bioethics ought not to consist entirely of applying moral theory to cases; that bioethics must take account of relevant empirical evidence; and that bioethicists should be on the look out for those subtle social forces which can undermine the voluntariness of people's choices and consents. However, we should reject some of Kerr and Shakespeare's other criticisms and I conclude (amongst other things) that even ‘mainstream’ bioethics is better able to deal with difficult issues like eugenics than Kerr and Shakespeare suggest. (shrink)
This paper develops a normative evaluation of the minimum wage in the light of recent evidence and theory about its effects. It argues that the minimum wage should be evaluated using a consequentialist criterion that gives priority to the jobs and incomes of the worst off. This criterion would be accepted by many different types of consequentialism, especially given the two major views about what the minimum wage does. One is that the minimum wage harms the jobs and incomes of (...) the worst off and the other is that it does neither much harm nor much good. The paper then argues at length that there are no important considerations besides jobs and incomes relevant to the assessment of the minimum wage. It criticizes exploitation arguments for the minimum wage. It is not clear that the minimum wage would reduce exploitation and the paper doubts that, if it did, it would do so in a morally significant way. The paper then criticizes freedom arguments against the minimum wage by rejecting appeals to self-ownership and freedom of contract and by arguing that no freedom of significance is lost by the minimum wage that is not already taken account of in the main consequentialist criterion. The conclusion is that, at worst, the minimum wage is a mistake and, at best, something to be half-hearted about. Footnotes1 My thanks to Paul Brown and Jerry Cohen for their written and verbal help, Andrew Williams for long discussions of this paper, two anonymous referees and the editors, and audiences at the Universities of Auckland, Newcastle, and Reading. (shrink)
Nishida's starting point -- Radical empiricism and pure experience -- Fichte, the neo-Kantians, and Bergson -- Nishida's later philosophy: the logic of place and self-contradictory identity.
This paper gives a self-defence account of the scope and limits of the justified use of compulsion to control contagious disease. It applies an individualistic model of self-defence for state action and uses it to illuminate the constraints on public health compulsion of proportionality and using the least restrictive alternative. It next shows how a self-defence account should not be rejected on the basis of past abuses. The paper then considers two possible limits to a self-defence justification: compulsion of the (...) non-culpable and over-inclusive compulsion. The paper claims that objections to compelling the non-culpable do not greatly restrict the scope of the self-defence justification. The over-included are, however, innocent bystanders, and methods such as compulsory quarantine, vaccination, and screening are not justified in self-defence. (shrink)
. This paper explores the relationship between gift giving, guanxi and corruption through a study of the relationships between UK manufacturing companies in China and their local component suppliers. The analysis is based on interviews in the China-based operations of 49 UK companies. Interviews were carried out both with senior (often expatriate) staff and with local line managers who were responsible for everyday purchasing decisions and for managing relationships with suppliers. The results suggest that gift giving is perceived to be (...) a significant problem in UK-owned companies in China. However the relationship between these payments and established understanding of gift giving within guanxi-networks appears to be weak. Gift giving appears to be associated with illicit payments, corruption and the pursuit of self-interest. Firms seek to reduce the incidence of illicit transactions by changing staff roles, instituting joint responsibilities, which include the separation of different aspects of sourcing/purchasing, ineasing the involvement of senior staff in the process and through the education of employee and suppliers. (shrink)
If ‘community’ is the answer, what is the problem? While questions undoubtedly arise in allocating resources to public health, such as ‘how much?’ and ‘to whom?’, we already have answers based on (i) the observation that disease and illness are bad, (ii) views of justice and fairness and (iii) an appreciation of market failure. What does the concept of community add to the existing answers? Not nothing, I shall argue, but not much either. In some cases, health providers should take (...) advantage of ties of community to deliver services more effectively. The desire to preserve communities may have some minor implications for devolved health care funding. The value of community may set some limits to inequalities in access to health care. That’s about it. I do consider some other claims of behalf of the concept, e.g. that people would not support justice in health care without a sense of community; but I don’t find these claims very plausible. Finally, I point out some ways in which communities can be damaged by the promotion of public health understood as population health. (shrink)
This is an essay in comparative aesthetics. The history of the reception of Indian aesthetics in the UK is a history of non-reception. This essay argues that the reasons for this neglect go beyond cultural arrogance, and can be traced to deep differences in the philosophical presuppositions of Indian and Western aesthetics respectively, especially those rooted in non-Western goal of nirvana.
This paper presents a critical comparative reading of Ulrich Beck and Herbert Marcuse. Beck's thesis on 'selfcritical society' and the concept of 'sub-politics' are evaluated within the framework of Marcusian critical theory. We argue for the continued relevance of Marcuse for the project of emancipatory politics. We recognise that a focus upon the imminent and spontaneous possibilities for radical social change within the 'sub-political' is a useful provocation to the high abstractionism of much critical theory, but suggest that such possibilities (...) are better captured in a Marcusian theoretical frame than they are in Beck's account. (shrink)
These are questions to which oriental thinkers have given a wide range of philosophical answers that are intellectually and imaginatively stimulating. Thirty-Five Oriental Philosophers is a succinctly informative introduction to the thought of thirty-five important figures in the Chinese, Indian, Arab, Japanese and Tibetan philosophical traditions. Thinkers covered include founders such as Zoroaster, Confucius, Buddha and Muhammed, as well as influential modern figures such as Gandhi, Mao Tse-Tung, Suzuki and Nishida. The book is divided into sections, in which an introduction (...) to the tradition it covers precedes the essays on its individual philosophers. Notes, further reading lists, and cross-references provide the student with a clear route to further study. There is a glossary of key terms at the end of the book. (shrink)
Predictions of poor prognosis for critically ill patients may become self-fulfilling if life-sustaining treatment or resuscitation is subsequently withheld on the basis of that prediction. This paper outlines the epistemic and normative problems raised by self-fulfilling prophecies (SFPs) in intensive care. Where predictions affect outcome, it can be extremely difficult to ascertain the mortality rate for patients if all treatment were provided. SFPs may lead to an increase in mortality for cohorts of patients predicted to have poor prognosis, they may (...) lead doctors to feel causally responsible for the deaths of their patients, and they may compromise honest communication with patients and families about prognosis. However, I argue that the self-fulfilling prophecy is inevitable when life-sustaining treatment is withheld or withdrawn in the face of uncertainty. SFPs do not necessarily make treatment limitation decisions problematic. To minimize the effects of SFPs, it is essential to carefully collect and appraise evidence about prognosis. Doctors need to be honest with themselves and with patients and their families about uncertainty and the limits of knowledge. (shrink)
: It has recently become known that, in Liverpool and elsewhere, parts of children's bodies were taken postmortem and used for research without the parents being told. But should parental consent be sought before using children's corpses for medical purposes? This paper presents the view that parental consent is overrated. Arguments are rejected for consent from dead children's interests, property rights, family autonomy, and religious freedom. The only direct reason to get parental consent is to avoid distressing the parents, which (...) carries implications for the consent process, secret harvesting of body parts, and the weight to be given to parental feelings. (shrink)
A common occurrence in television news is the showing of graphic scenes of human suffering. It was hypothesized that viewing such scenes could be harmful to a segment of the population. A controlled experiment examined the impact of images showing victim blood inserted into into television news stories about auto accidents. The amount of blood shown was manipulated, resulting in three video versions, roughly in terms of low, medium, and high. Participants were measured beforehand on the variable of "locus of (...) control" and randomly assigned to one of the three treatment groups. Dependent variables included emotional impact and mean world syndrome. The results suggested blood shown on screen makes a difference in the perceived emotional impact of the story. Locus of control was found to be linked to mean world syndrome. The findings suggest that the quest for hardhitting news and high ratings must be tempered with the knowledge that some viewers are adversely affected by these graphic scenes of human suffering. (shrink)
It is sometimes argued that practices such as organ-selling should be prohibited because they are demeaning to the individuals involved. In this article the plausibility of such an argument is questioned. I will examine what it means to demean or be demeaned, and suggest that the mere fact that an individual is demeaning themself does not provide sufficient justification for legal prohibition. On the contrary, such laws might be argued to be demeaning.
An attempt is made in this paper to analyze the purely formal nature of information-theoretic concepts. The suggestion follows that such concepts, used to supplement the logical and mathematical structure of the language of science, represent an addition to this language of such a sort as to allow the use of a unitary language for the description of phenomena. (The alternative to this approach must be certain multi-linguistic and mutually untranslatable descriptions of related phenomena, as with the various versions of (...) Complementarity). This conception is tested for the specific case of Heisenberg's Uncertainty Principle, in order to show that, with the assumption of a suitable and intuitively satisfactory definition of the quantity of information contained in a measurement, the Heisenberg Principle becomes an informational restriction arising from the formal properties of the symbols of a given language rather than as a "law" of nature. (shrink)
In many forms of severe acute brain injury there is an early phase when prognosis is uncertain, followed later by physiological recovery and the possibility of more certain predictions of future impairment. There may be a window of opportunity for withdrawal of life support early, but if decisions are delayed there is the risk that the patient will survive with severe impairment. In this paper I focus on the example of neonatal encephalopathy and the question of the timing of prognostic (...) tests and decisions to continue or to withdraw life-sustaining treatment. Should testing be performed early or later; and how should parents decide what to do given the conflicting values at stake? I apply decision theory to the problem, using sensitivity analysis to assess how different features of the tests or different values would affect a decision to perform early or late prognostic testing. I draw some general conclusions from this model for decisions about the timing of testing in neonatal encephalopathy. Finally I consider possible solutions to the problem posed by the window of opportunity. Decision theory highlights the costs of uncertainty. This may prompt further research into improving prognostic tests. But it may also prompt us to reconsider our current attitudes towards the palliative care of newborn infants predicted to be severely impaired. (shrink)
This Biographical Dictionary provides detailed accounts of the lives, works, influence and reception of thinkers from all the major philosophical schools and traditions of the twentieth-century. This unique volume covers the lives and careers of thinkers from all areas of philosophy - from analytic philosophy to Zen and from formal logic to aesthetics. All the major figures of philosophy, such as Nietzsche, Wittgenstein and Russell are examined and analysed. The scope of the work is not merely restricted to the major (...) figures in western philosophy but also covers in depth a significant number of thinkers from the near and far east and from the non-European Hispanic-language communities. The Biographical Dictionary also includes a number of general entries dealing with important schools of philosophy, such as the Vienna Circle, or currents of thought, such as vitalism. These allow the reader to set the individual biographies in the context of the philosophical history of the period. With entries written by over 100 leading philosophy scholars, the Biographical Dictionary is the most comprehensive survey of twentieth-century thinkers to date. (shrink)
[About the book] Comparative aesthetics is the branch of philosophy which compares the aesthetic concepts and practices of different cultures. The way in which the various cultures of the world conceive of the aesthetic dimension of life in general and art in particular is revelatory of profound attitudes and beliefs which themselves make up an important part of the culture in question. This anthology consists of entirely new essays by some of the leading, internationally recognised scholars in the field. The (...) subjects addressed include the influence of Upanişadic thought on the classic Indian tradition in aesthetics and the way in which that tradition continues to have relevance to issues discussed today; how Buddhist thought in general and Zen in particular shape aesthetic attitudes in Japanese culture; how Confucianism affected not only the morality but also the classical aesthetics of China; how different ideas of the self and of human nature affect artistic training and practice in different cultures; how feminism can draw inspiration from classic non-European lines of thought in the area of aesthetics, and how different attitudes to nature underpin a whole range of aesthetic beliefs and attitudes in western and eastern thought. These ideas reveal both deep differences and deep similarities between east and west. No-one seeking to understand the cultures discussed in these essays can ignore their aesthetic dimension, which often holds the key to understanding the deepest motives which have formed them. (shrink)
[About the book] In this book the editors brought together outstanding articles concerning intercultural aesthetics. The concept ‘Intercultural aesthetics’ creates a home space for an artistic cross-fertilization between cultures, and for heterogeneity, but it is also firmly linked with the intercultural turn within Western and non-Western philosophy. The book is divided into two parts, yet one can sense a clear unity throughout the whole book. This unity is related to the underlying subject that the different authors, each in their own (...) way and from their own background, try to reveal. They use related, and overlapping terms such as ‘the suchness of things’, ‘dancing and shaping lives’, ‘presenting a meaning beyond words, presenting the unpresentable, experiencing’, in order to bring to our awareness the genuine importance of the non-conceptual, next to the conceptual. Several authors moreover take on a reflective, and at times even a self-reflective stance, pointing to the intrinsic relation between cultural aesthetics and ethics, making this book unique in its kind. (shrink)
The two political classics in this book are the product of a time of intense turmoil in Chinese history. Dating from the Period of the Warring States (403-221BC), they anticipate Machiavelli's The Prince by nearly 2000 years. The Art of War is the best known of a considerable body of Chinese works on the subject. It analyses the nature of war, and reveals how victory may be ensured. The Book of Lord Shang is a political treatise for the instruction of (...) rulers. These texts are anything but armchair strategy or ivory-tower speculation. They are serious, urgent and practical responses to the desperate situations in which they were written. They have been immensely influential both inside and outside China. (shrink)
Close analysis of the work of fifty major thinkers in the field of Eastern philosophy make this an excellent introduction to a fascinating area of study. The authors have drawn together thinkers from all the major Eastern philosophical traditions from the earliest times to the present day. The philosophers covered range from founder figures such as Zoroaster and Confucius to modern thinkers such as Fung Youlan and the present Dalai Lama. Introductions to major traditions and a glossary of key philosophical (...) terms make this a comprehensive and accessible reference resource. (shrink)
Dating from around 300BC, Tao Te Ching is the first great classic of the Chinese school of philosophy called Taoism. Within its pages is summed up a complete view of the cosmos and how human beings should respond to it. A profound mystical insight into the nature of things forms the basis for a humane morality and vision of political utopia. The ideas in this work constitute one of the main shaping forces behind Chinese spirituality, art and science, so much (...) so that no understanding of Chinese civilisation is possible without a grasp of Taoism. This edition presents the authoritative translation by Arthur Waley, with a new Introduction reflecting recent developments in the interpretation of the work. (shrink)
When phylogenetic trees constructed from morphological and molecular evidence disagree (i.e. are incongruent) it has been suggested that the differences are spurious or that the molecular results should be preferred a priori. Comparing trees can increase confidence (congruence), or demonstrate that at least one tree is incorrect (incongruence). Statistical analyses of 181 molecular and 49 morphological trees shows that incongruence is greater between than within the morphological and molecular partitions, and this difference is significant for the molecular partition. Because the (...) level of incongruence between a pair of trees gives a minimum bound on how much error is present in the two trees, our results indicate that the level of error may be underestimated by congruence within partitions. Thus comparisons between morphological and molecular trees are particularly useful for detecting this incongruence (spurious or otherwise). Molecular trees have higher average congruence than morphological trees, but the difference is not significant, and both within- and between-partition incongruence is much lower than expected by chance alone. Our results suggest that both molecular and morphological trees are, in general, useful approximations of a common underlying phylogeny and thus, when molecules and morphology clash, molecular phylogenies should not be considered more reliable a priori. (shrink)
Harold Jaffe argues that we should adopt opt-out testing for HIV. There are paternalistic and utilitarian arguments for such an approach. In this commentary I draw attention to some similarities between his arguments and debates about opt-out systems of organ donation. I argue that the status quo bias provides both part of the reason that opt-out approaches work, and an explanation for why such approaches are sometimes resisted.
The cladistic species concept proposed by Ridley (1989) rests on an undefined notion of speciation and its meaning is thus indeterminate. If the cladistic concept is made determinate through the definition of speciation, then it reduces to a form of whatever species concept is implicit in the definition of speciation and fails to be a truly alternative species concept. The cladistic formalism advocated by Ridley is designed to ensure that species are monophyletic, that they are objectively real entities, and that (...) they are individuals. It is argued that species need not be monophyletic in order to be real entities, and that ancestor-descendant relations are not the only relations that confer individuality on entities. The species problem is recast in terms of a futile quest for a definition of that single kind of entity to which the term species should uniquely apply. (shrink)
One Hundred Twentieth-Century Philosophers offers biographical information and critical analysis of the life, work and impact of some of the most significant figures in philosophy this century. Taken from the acclaimed Biographical Dictionary of Twentieth-Century Philosophers, the 100 entries are alphabetically organised, from Adorno to Zhang Binglin, and cover individuals from both continental and analytic philosophy. A separate glossary provides an introduction to the origins, development and main features of major philosophical schools and movements and offers select bibliographies to guide (...) the reader to further research. (shrink)
No other book in the entire history of the world has exerted a greater influence on a larger number of people over a longer period of time than this slim volume. The spiritual cornerstone of the most populous and oldest living civilization on Earth, the Analects has inspired the Chinese and all the peoples of East Asia with its affirmation of a humanist ethics. As the Gospels are to Jesus, the Analects is the only place where we can encounter the (...) real, living Confucius. In this gem-like translation by Simon Leys, Confucius speaks with clarity and brilliance. He emerges as a man of great passion and many enthusiasms, a man of bold action whose true vocation is politics. Confucius (551-479 B.C.) lived in an age of acute cultural and political crisis. Many of his observations mark a world sinking into violence and barbarity. Unable to obtain the leading political role he sought, he endeavored to reform society and salvage civilization through ethical debate, defining for ages to come the public mission of the intellectual. (shrink)
This paper examines issues of legitimacy surrounding feminist research in psychology, in relation to its current and future impact on the mainstream of the discipline. It argues that its relatively limited impact to date is due, in part, to the nature of feminist psychology, and, in part, to its interaction with the social institutions of psychology as a discipline. Further, the paper contends that the influence of the field may well remain relatively minor, however convincingly its potential benefits are argued, (...) if it fails both to analyse and to utilize the social processes by which legitimacy is conferred. (shrink)