Modern health care rhetoric promotes choice and individual patient rights as dominant values. Yet we also accept that in any regime constrained by finite resources, difficult choices between patients are inevitable. How can we balance rights to liberty, on the one hand, with equity in the allocation of scarce resources on the other? For example, the duty of health authorities to allocate resources is a duty owed to the community as a whole, rather than to specific individuals. Macro-duties of this (...) nature are founded on the notion of equity and fairness amongst individuals rather than personal liberty. They presume that if hard choices have to be made, they will be resolved according to fair and consistent principles which treat equal cases equally, and unequal cases unequally.In this paper, we argue for greater clarity and candour in the health care rights debate. With this in mind, we discuss (1) private and public rights, (2) negative and positive rights, (3) procedural and substantive rights, (4) sustainable health care rights and (5) the New Zealand booking system for prioritising access to elective services. This system aims to consider: individual need and ability to benefit alongside the resources made available to elective health services in an attempt to give the principles of equity practical effect. We describe a continuum on which the merits of those, sometimes competing, values—liberty and equity—can be evaluated and assessed. (shrink)

An assessment of America's preference for "extra-large" shares examples ranging from mega churches and breast augmentation to landfills and mega-malls, in a cautionary report that reveals some of the consequences of these choices.

Among the many practical failures that threaten us, weakness of will or akrasia is often considered to be a paradigm of irrationality. The eleven new essays in this collection, written by an excellent international team of philosophers, some well-established, some younger scholars, give a rich overview of the current debate over weakness of will and practical irrationality more generally. Issues covered include classical questions such as the distinction between weakness and compulsion, the connection between evaluative judgement and motivation, the role (...) of emotions in akrasia, rational agency, and the existence of the will. The also include new topics, such as group akrasia, strength of will, the nature of correct choice, the structure of decision theory, the temporality of prudential reasons, and emotional rationality. Because these questions cut across philosophy of mind and ethics, the collection will be essential reading for scholars, postgraduates, and upper-level undergraduates in both these fields. (shrink)

A practical judgement is one which enjoys an internal, necessary relation to subsequent action or intention, and which can serve as a sufficient explanation of such action or intention. Does the phenomenon of weakness of will show that deliberation does not characteristically issue in such practical judgements? The author argues that the possibility of akrasia does not threaten the view that we make practical judgements, when the latter thesis is properly understood. Indeed, the author suggests that the alleged possibility of (...) global akrasia actually supports the practical‐judgement model over what she considers its main rival, a kind of ‘Humean externalism’ about practical reason. (shrink)

In this inspirational discourse, scholar Sarah Wider and Buddhist leader Daisaku Ikeda celebrate the great spiritual and literary figures, East and West, who have inspired their own work as educators, poets, and peace builders, including both the men and the women of the American Renaissance. They reserve their highest praise, though, for the lesser-known influences, especially teachers and mothers, whose humble, compassionate actions provide the truest foundation for the realization of ever-greater peace. Ultimately, the book is a tribute to (...) the bonds that give life meaning. These bonds are the ones built between friends and family; those who teach and those we might learn from; with the great thinkers of the past who live on in books, poetry, and art; with nature; and most of all with the best version of ourselves. (shrink)

Explores philosophy and notable philosophers, discussing "thought experiments," and how to explain a complex idea through a story.

The literary works of ninth-century scholar Dawud Al-Muqammas, who converted from Judaism to Christianity and then back to Judaism, reflect his pioneering approaches during a formative time in Jewish and Muslim medieval philosophy. A master of diverse genres, he composed, among other works, the thoughtful Twenty Chapters, which is not only the first known Jewish Kalam text but also the earliest extant theological summa written in Arabic. This authoritative edition presents an Arabic-letter edition of the Judeo-Arabic text, along with a (...) parallel English translation, notes, and introduction, by Sarah Stroumsa. (shrink)

A philosophical treatment of irrationality should at the same time leave space for irrational forms of thought and action and illuminate what is defective about them. While Davidson's analysis of weakness of the will is justly famous, some of Davidson's general philosophical commitments in fact conspire to make it especially difficult for him to account for irrationality. Davidson's conviction that irrationality must involve inconsistency, together with his rather circumscribed understanding of inconsistency, make it questionable whether he can leave the right (...) kind of space for irrational phenomena that seem nonetheless to exist. (shrink)

Generic generalizations such as ‘mosquitoes carry the West Nile virus’ or ‘sharks attack bathers’ are often accepted by speakers despite the fact that very few members of the kinds in question have the predicated property. Previous work suggests that such low-prevalence generalizations may be accepted when the properties in question are dangerous, harmful, or appalling. This paper argues that the study of such generic generalizations sheds light on a particular class of prejudiced social beliefs, and points to new ways in (...) which those beliefs might be undermined and combatted. (shrink)

Ducks lay eggs' is a true sentence, and `ducks are female' is a false one. Similarly, `mosquitoes carry the West Nile virus' is obviously true, whereas `mosquitoes don't carry the West Nile virus' is patently false. This is so despite the egg-laying ducks' being a subset of the female ones and despite the number of mosquitoes that don't carry the virus being ninety-nine times the number that do. Puzzling facts such as these have made generic sentences defy adequate semantic treatment. (...) However complex the truth conditions of generics appear to be, though, young children grasp generics more quickly and readily than seemingly simpler quantifiers such as `all' and `some'. I present an account of generics that not only illuminates the strange truth conditions of generics, but also explains how young children find them so comparatively easy to acquire. I then argue that generics give voice to our most cognitively primitive generalizations and that this hypothesis accounts for a variety of facts ranging from acquisition patterns to cross-linguistic data concerning the phonological articulation of operators. I go on to develop an account of the nature of these cognitively fundamental generalizations and argue that this account explains the strange truth-conditional behavior of generics. (shrink)

"One of the most careful and intensive among the introductory texts that can be used with a wide range of students. It builds remarkably sophisticated technical skills, a good sense of the nature of a formal system, and a solid and extensive background for more advanced work in logic.... The emphasis throughout is on natural deduction derivations, and the text's deductive systems are its greatest strength. Lemmon's unusual procedure of presenting derivations before truth tables is very effective." --Sarah Stebbins, (...) The Journal of Symbolic Logic. (shrink)

This Companion addresses the contemporary transformation of critical and cultural theory, with special emphasis on the way debates in the field have changed in recent decades. Features original essays from an international team of cultural theorists which offer fresh and compelling perspectives and sketch out exciting new areas of theoretical inquiry Thoughtfully organized into two sections – lineages and problematics – that facilitate its use both by students new to the field and advanced scholars and researchers Explains key schools and (...) movements clearly and succinctly, situating them in relation to broader developments in culture, society, and politics Tackles issues that have shaped and energized the field since the Second World War, with discussion of familiar and under-theorized topics related to living and laboring, being and knowing, and agency and belonging. (shrink)

This comprehensive Research Handbook explores the wide variety of work conducted in legal semiotics, providing a thorough understanding of how the law works through signs and symbols. Demonstrating that the law is a strategical system of fluctuating signs, contributors critically analyse the ever-evolving conceptualisations of law and legal discourse. Bringing together leading international experts, this Research Handbook focuses on the material, everyday forms of law comprised by non-verbal legal semiotics. Contributors conduct culturally nuanced semiotic analyses of the modern world, covering (...) topics from COVID-19, religion, and human rights, to comic books and music. Chapters consider the foundations of semiotics, as well as the philosophy of law, identifying the cross-cultural similarities in how legal semiotics and visual legal semiotics intersect. Ultimately, the Research Handbook demonstrates that the law is in a state of perpetual flux, with many unique dimensions only made visible by semiotic analysis. The Research Handbook on Legal Semiotics will be an invaluable resource for students and scholars of law, jurisprudence, legal culture, linguistics, and semiotics. It will also be an important guide for legal practitioners seeking to better understand the nuances of the legal system. (shrink)

One of the main themes that has emerged from behavioral decision research during the past three decades is the view that people's preferences are often constructed in the process of elicitation. This idea is derived from studies demonstrating that normatively equivalent methods of elicitation (e.g., choice and pricing) give rise to systematically different responses. These preference reversals violate the principle of procedure invariance that is fundamental to all theories of rational choice. If different elicitation procedures produce different orderings of options, (...) how can preferences be defined and in what sense do they exist? This book shows not only the historical roots of preference construction but also the blossoming of the concept within psychology, law, marketing, philosophy, environmental policy, and economics. Decision making is now understood to be a highly contingent form of information processing, sensitive to task complexity, time pressure, response mode, framing, reference points, and other contextual factors. (shrink)

We often think about the alternatives to a decision that has been made. Thinking in this way is known as counterfactual thinking, that is, thinking about what could have been had an alternative dec...

Nudges are small changes in the presentation of options that make a predictable impact on people's decisions. Proponents of nudges often claim that they are justified as paternalistic interventions that respect autonomy: they lead people to make better choices, while still letting them choose for themselves. However, existing work on nudges ignores the possibility of “hard choices”: cases where a person prefers one option in some respects, and another in other respects, but has no all‐things‐considered preference between the two. In (...) this paper, I argue that many significant medical decisions are hard choices that provide patients with an opportunity to exercise a distinctive sort of “formative autonomy” by settling their preferences and committing themselves to weigh their values in a particular way. Since nudges risk infringing formative autonomy by depriving patients of this opportunity, their use in medical contexts should be sensitive to this risk. (shrink)

The present paper focuses on essentialism about natural kinds as a case study in order to illustrate this more general point. Saul Kripke and Hilary Putnam famously argued that natural kinds have essences, which are discovered by science, and which determine the extensions of our natural kind terms and concepts. This line of thought has been enormously influential in philosophy, and is often taken to have been established beyond doubt. The argument for the conclusion, however, makes critical use of intuitions, (...) and I note that the intuitions are of the sort had by preschool children, and that they are traceable to a deep-seated cognitive outlook, which is often called “psychological essentialism.” Further, if we did not have such a cognitive outlook or implicit belief set—a belief set which is in fact in place by at least age 4—then we would not have the relevant philosophical intuitions. In light of this, I consider the question of whether natural kinds actually have scientifically discovered or discoverable essences, and whether these putative essences could determine the extensions of our terms and concepts as Kripke, Putnam, and many others have supposed. In fact, a number of philosophers of biology and chemistry have argued that biological and chemical kinds do not have such essences, yet these arguments—particularly in the case of chemistry—have not been assimilated by philosophers more generally. The reason for this poor assimilation is, I suggest, that the Kripke/Putnam view is just so intuitive. But this fact, I argue, is due to a deep-seated cognitive bias, rather than to any special insight into the nature of reality. (shrink)

This paper discusses three potential varieties of update: updates to the common ground, structuring updates, and updates that introduce discourse referents. These different types of update are used to model different aspects of natural language phenomena. Not-at-issue information directly updates the common ground. The illocutionary mood of a sentence structures the context. Other updates introduce discourse referents of various types, including propositional discourse referents for at-issue information. Distinguishing these types of update allows a unified treatment of a broad range of (...) phenomena, including the grammatical evidentials found in Cheyenne (Algonquian) as well as English evidential parentheticals, appositives, and mood marking. An update semantics that can formalize all of these varieties of update is given, integrating the different kinds of semantic contributions into a single representation of meaning. (shrink)

The Archival and Constructive views of memory offer contrasting characterizations of remembering and its relation to memory errors. I evaluate the descriptive adequacy of each by offering a close analysis of one of the most prominent experimental techniques by which memory errors are elicited—the Deese-Roediger-McDermott paradigm. Explaining the DRM effect requires appreciating it as a distinct form of memory error, which I refer to as misremembering. Misremembering is a memory error that relies on successful retention of the targeted event. It (...) differs from both successful remembering and from confabulation errors, where the representation produced is wholly inaccurate. As I show, neither the Archival nor the Constructive View can account for the DRM effect because they are insensitive to misremembering’s unique explanatory demands. Fortunately, the explanatory limitations of the Archival and Constructive Views are complementary. This suggests a way.. (shrink)

The more interest philosophers take in memory, the less agreement there is that memory exists—or more precisely, that remembering is a distinct psychological kind or mental state. Concerns about memory’s distinctiveness are triggered by observations of its similarity to imagination. The ensuing debate is cast as one between discontinuism and continuism. The landscape of debate is set such that any extensive engagement with empirical research into episodic memory places one on the side of continuism. Discontinuists concerns are portrayed as almost (...) exclusively conceptual and a priori. As philosophers of memory become increasingly interested in memory science, this pushes continuism into an apparent lead. The aim of this paper is to challenge this characterization of the continuism debate—namely, that a naturalistic approach to the philosophy of mind and memory favors continuism. My response has two components. First, I argue for weakening the alignment between naturalism and continuism. Second, I defend a naturalistically oriented, empirically-informed discontinuism between memory and imagination. I do so by introducing seeming to remember, which I argue is distinct from other mental attitudes—most importantly, from imagining. (shrink)

According to the Causal Theory of Memory, remembering a particular past event requires a causal connection between that event and its subsequent representation in memory, specifically, a connection sustained by a memory trace. The CTM is the default view of memory in contemporary philosophy, but debates persist over what the involved memory traces must be like. Martin and Deutscher argued that the CTM required memory traces to be structural analogues of past events. Bernecker and Michaelian, contemporary CTM proponents, reject structural (...) analogues in favor of memory traces as distributed patterns of event features. The proposals are understood as distinct accounts of how memory traces represent past events. But there are two distinct questions one could ask about a trace’s representational features. One might ask how memory traces, qua mental representations, have their semantic properties. Or, what makes memory traces, qua mental representations of memories, distinct from other mental representations. Proponents of the CTM, both past and present, have failed to keep these two questions distinct. The result is a serious but unnoticed problem for the CTM in its current form. Distributed memory traces are incompatible with the CTM. Such traces do not provide a way to track the causal history of individual memories, as the CTM requires. If memory traces are distributed patterns of event features, as Bernecker and Michaelian each claim, then the CTM cannot be right. (shrink)

Since its introduction in the 1980s, futility as a concept has held contested meaning and applications throughout medicine. There has been little discussion within the psychiatric literature about the use of futility in the care of individuals experiencing severe and persistent mental illness, despite some tacit acceptance that futility may apply in certain cases of psychiatric illness. In this paper, we explore the literature surrounding futility and argue that its connotation within medicine is to describe situations where patients believe that (...) interventions will almost certainly provide no meaningful benefit. We then provide two arguments in support of the use of futility within the care of individuals experiencing SPMI: that some SPMI can be considered a terminal illness, and that the risk-benefit ratio is a dynamic entity such that futility can help describe what Gillett calls the ‘risk of unacceptable badness’ when it comes to considering how an intervention might impact a patient’s quality of life. We posit that capacity should not pose an obstacle to declaring futility when caring for individuals experiencing SPMI and explain how futility is not antithetical to recovery in mental health. Finally, we describe how using futility within psychiatric practice can allow for a reorientation of care by signalling the need to shift to a palliative approach. (shrink)

In a recent paper, Jack Woods advances an intriguing argument against expressivism based on Moore’s paradox. Woods argues that a central tenet of expressivism—which he, following Mark Schroeder, calls the parity thesis—is false. The parity thesis is the thesis that moral assertions express noncognitive, desire-like attitudes like disapproval in exactly the same way that ordinary, descriptive assertions express cognitive, belief-like attitudes. Most contemporary defenders of expressivism seem not only to accept the parity thesis but also to rely on it to (...) distinguish their view from subjectivism, so Woods’s argument against it poses a serious challenge to the view. In this paper, I argue that Woods’s argument is unsuccessful, but show that diagnosing precisely where it goes wrong raises interesting questions for expressivists—and metaethicists more generally—about the transparency of our moral attitudes. (shrink)

Clinical use of the term “confabulation” began as a reference to false memories in dementia patients. The term has remained in circulation since, which belies shifts in its definition and scope over time. “Confabulation” now describes a range of disorders, deficits, and anomalous behaviors. The increasingly wide and varied use of this term has prompted many to ask: what is confabulation? In recent years, many have offered answers to this question. As a general rule, recent accounts are accounts of broad (...) confabulation: attempts to unify the seemingly disparate features of all or most confabulatory phenomena under a shared set of characteristics or mechanisms. In this paper, I approach the question differently. I focus on a particular form of confabulation—mnemonic confabulation—so as to understand its distinctive features and the ways in which it does fit into accounts of broad confabulation. Understanding mnemonic confabulation is a project in the philosophy of memory; it plays an important role in guiding theories of remembering, as a form of error that must be distinguished from genuine remembering. Mnemonic confabulation, as I define it in Sect. 2, occurs when there is no relation between a person’s seeming to remember a particular event or experience and any event or experience from their past—either because there is no such event in their past or because any similarity to such an event is entirely coincidental. This account draws on my own theory of remembering, but shares many important points of consensus with other accounts of mnemonic confabulation, which I highlight in Sect. 3. In Sect. 4, I turn to accounts of broad confabulation—identifying three features such accounts have in common—and, for each, I argue that mnemonic confabulation lacks the requisite feature. As an error, mnemonic confabulation has more in common with perceptual hallucination than with the confabulatory phenomena included in standard accounts of broad confabulation. Recognizing that, despite the shared use of the term “confabulation” mnemonic confabulation and broad forms of confabulation are unrelated, is important for continued progress in debates about each. (shrink)

Traditionally, discussions of moral participation – and in particular moral agency – have focused on fully formed human actors. There has been some interest in the development of morality in humans, as well as interest in cultural differences when it comes to moral practices, commitments, and actions. However, until relatively recently, there has been little focus on the possibility that nonhuman animals have any role to play in morality, save being the objects of moral concern. Moreover, when nonhuman cases are (...) considered as evidence of moral agency or subjecthood, there has been an anthropocentric tendency to focus on those behaviors that inform our attributions of moral agency to humans. For example, some argue that the ability to evaluate the principles upon which a moral norm is grounded is required for full moral agency. Certainly, if a moral agent must understand what makes an action right or wrong, then most nonhuman animals would not qualify (and perhaps some humans too). However, if we are to understand the evolution of moral psychology and moral practice, we need to turn our attention to the foundations of full moral agency. We must first pay attention to the more broadly normative practices of other animals. Here, we begin that project by considering evidence that great apes and cetaceans participate in normative practices. (shrink)

This paper explores Confucius’ views on warfare according to the Gongyang Commentary. Though often overlooked as a source for understanding Confucius’ position on warfare, the Gongyang Commentary is replete with comments and anecdotes on the topic. It articulates a complex set of ethico‐ritual principles pertaining to warfare in which certain kinds of warfare are clearly condoned and praised while others are clearly condemned and criticized. What according to the Gongyang Commentary was the Gentleman's position on warfare? The paper explores this (...) central question through a close reading of anecdotal narratives and selected passages from the Gongyang Commentary and related texts on the subject of warfare. (shrink)

On the heels of the groundbreaking Obergefell v. Hodges ruling legalizing same-sex marriage in the United States, the lesbian, gay, bisexual, and transgender movement for marriage equality has received unprecedented coverage. Few people, however, have heard of the marriage equality movement for people with disabilities. In order to understand the lack of coalition between the two movements, as well as the invisibility of the PWD marriage equality movement, I provide a conceptual analysis of both marriage movement discourses. Drawing on Cathy (...) Cohen's work on secondary marginalization in the black community, I argue that both LGBT folks and PWD actively obscure the most needy, most dependent, and most queer members of their respective communities to gain sympathy and support from a independent, heteronormative majority. However, bringing the two movements into dialogue can help us rethink intimate relationships, marriage, and who counts as a citizen worthy of rights. (shrink)

The research program Spit For Science was launched at Virginia Commonwealth University (VCU) in 2011. Since then, more than 10,000 freshmen have been enrolled in the program, filling out extensive questionnaires about their drinking, general substance use, and related behaviors, and also contributing saliva for genotyping. The goals of the program, as initially stated by the investigators, were to find the genes underlying the heritability of alcohol use and related behaviors, and in addition to put genetic knowledge to work in (...) ways that might aid university administrators and mental health professionals in the prevention and treatment of substance abuse. We review every empirical paper involving genetic data that has emerged from the program, and reach a surprising conclusion: the study has never identified a single genetic effect of more than trivial magnitude. Although the quantitative results of the studies were reported transparently, the theoretical ramifications of the negligible results have never been acknowledged. To the contrary, most of the papers ignore the tiny effects, reaching optimistic conclusions about the prospects for future genetic explanations of alcohol use. We explore the implications of these results for the broader prospects of applied psychiatric genetics. (shrink)