“Public health practice” consists of activities and Programs managed by public health agencies to promote health and prevent disease, injury, and disability. Some of these activities might be deemed to fit within the broad definition of “research” under federal regulations, known as the Common Rule, designed to protect human research subjects. The Common Rule defines research as “a systeniatic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge.” Public health activities that might under some (...) circumstances be considered research include disease reporting, review of medical records, surveys, interviews, focus groups, specimen collection, and laboratory testing.There are questions about the extent to which the Common Rule applies or was intended to apply to public health practice: and it has been suggested in any case that Common Rule regulation of public health practice may not be socially optimal for both practical and principled reasons. (shrink)

“Public health practice” consists of activities and Programs managed by public health agencies to promote health and prevent disease, injury, and disability. Some of these activities might be deemed to fit within the broad definition of “research” under federal regulations, known as the Common Rule, designed to protect human research subjects. The Common Rule defines research as “a systeniatic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge.” Public health activities that might under some (...) circumstances be considered research include disease reporting, review of medical records, surveys, interviews, focus groups, specimen collection, and laboratory testing.There are questions about the extent to which the Common Rule applies or was intended to apply to public health practice: and it has been suggested in any case that Common Rule regulation of public health practice may not be socially optimal for both practical and principled reasons. (shrink)

Joan Scott's poststructuralist critique of experience demonstrates the dangers of empiricist narratives of experience but leaves feminists without a meaningful way to engage nonempiricist, experience-oriented texts, texts that constitute many women's primary means of taking control over their own representation. Using Chandra Mohanty's analysis of the role of writing in Third World feminisms, I articulate a concept of experience that incorporates poststructuralist insights while enabling a more responsible reading of Third World women's narratives.

The framework of the Israel-Palestinian Arab conflict has evolved over the last half century through an instrumentalization of violence by the parties concerned. Two alternating "structures of violence" have emerged to define this instrumentality: the one Israeli, the other Palestinian. I call these structures of violence "alternating" rather than merely "reciprocating" because the one not only feeds off the other and actually practices on the other that which is merely fancied and projected as the other's intention but also because they (...) have inverse periodicities: The "Great Revolt" of 1936-1939 introduced the principle of "armed struggle" into the practice and lore of a fractured and often factional antiBritish and anti-Zionist insurgency. It was effectively countered by British might coupled with an essentially defensive Jewish posture of consensus and "restraint". By contrast the current Palestinian "Uprising" has the Arab side preaching restraint if not always nonviolence, through a pluralistic consensus on the immediate national ends such practice aims to achieve. Against this is an avowed Israeli policy of "the iron fist" that for the first time since independence has broken the general Zionist consensus with regard not only to the utility and morality of violent means but also to national goals. (shrink)

The critical examination of current hypotheses is one of the key ways in which scientific fields develop and grow. Therefore, any critique, including Haidle and Schlaudt’s article, “Where Does Cumulative Culture Begin? A Plea for a Sociologically Informed Perspective,” represents a welcome addition to the literature. However, critiques must also be evaluated. In their article, Haidle and Schlaudt review some approaches to culture and cumulative culture in both human and nonhuman primates. H&S discuss the “zone of latent solutions” hypothesis as (...) applied to nonhuman primates and stone-toolmaking premodern hominins. Here, we will evaluate whether H&S’s critique addresses its target. (shrink)

The goal of this essay is to illustrate how Ebrahim Moosa's method of “contrapuntal reading” can be applied fruitfully to the Sunni hadith literature. My case study is the set of penalties (hudud) for illicit sex, which include flogging, stoning, and banishment. I propose a fresh reading of these sacred texts that brings to the fore the ethical dimension of Prophet Muhammad's conduct, especially his strong reluctance to apply these measures. I conclude by identifying four ethical problems that the stoning (...) penalty raises and suggest how the hadith literature can be read to argue against the validity of this specific punishment. (shrink)

Joan Scott's poststructuralist critique of experience demonstrates the dangers of empiricist narratives of experience but leaves feminists without a meaningful way to engage nonempiricist, experience-oriented texts, texts that constitute many women's primary means of taking control over their own representation. Using Chandra Mohanty's analysis of the role of writing in Third World feminisms, I articulate a concept of experience that incorporates poststructuralist insights while enabling a more responsible reading of Third World women's narratives.

Scott Shapiro offers an elaboration and defense of “legal positivism,” in which the official acceptance of a plan figures as the central explanatory notion. Rich in both ambition and insight, Legality casts an edifying new light on the structure of positive law and its officialdom. As a defense of positivism, however, it exhibits the odd feature that its main claims will prove quite acceptable to the natural lawyer. Perhaps this betokens – what many have begun to suspect anyway – (...) that our usual tests for classifying legal theories are, in the present state of discussion, no longer credible. In any case, my hope in the following remarks is to suggest how certain ambiguities in Legality might easily be resolved in favor of Planning Natural Law. The Planning Theory of Law, in other words, is not proprietary to positivism. (shrink)

Traditional theists believe that there exists an all-knowing, all-powerful, perfectly loving, and perfectly good God. They also believe that God created the world, sustains it in being from moment to moment, and providentially guides all events, in accordance with a plan, towards a good ending. Historically, most traditional theists have believed that God sometimes answers prayers for particular things. In keeping with the literature on this subject, these prayers are referred to as ‘petitionary prayers’. This article discusses several problems related (...) to the concept of the traditional theistic God's answering petitionary prayers. (shrink)

With the arrival of another wave of “boat people” to Australian waters in late 2009, issues of human rights of asylum seekers and refugees once again became a major feature of the political landscape. Claims of “queue jumping” were made, particularly by some sections of the media, and they may seem populist, but they are also ironic, given the protracted efforts on the part of the federal government to stymie any orderly appeals process, largely through resort to “privative clauses”. Such (...) clauses demonstrate the many ways in which human rights of those seeking asylum in far-off lands and are potential future immigrants, who often lack much-touted needed papers, yet who are for the most part genuine refugees, are subject to the slings and arrows of political fortune (and misfortune). Approaching the courts if treated unfairly or seeking a further decision as to your fate would seem one of the fundamental premises of human rights. Yet privative clauses—or attempts to ouster the jurisdiction of the courts and to insulate decisions from appeal—have become an increasingly frequent feature of the Australian migration legislation. With a seemingly watertight federal constitutional power set in stone since 1901, to deal with migration and aliens, and without the tempered contemporary update of a federal Bill of Rights, the Australian federal government has been able to narrow the grounds of judicial review in those contexts. We argue that the concerted efforts to deny such fundamental rights of appeal to those most in need of the full armoury of the protection of the law in a modern, affluent democracy, constitutes both a breach of their human rights and a breach of core constitutional principles such as separation of powers. Those principles may not be formally articulated in the text of the Australian Constitution, but in our view they are implicit in the constitutional arrangements, and hence we can conclude with the arguments of former Justice of the High Court of Australia, Michael Kirby, who asked—to whom does sovereignty truly belong? (shrink)

This essay differentiates two approaches to understanding the concept of coercion, and argues for the relative merits of the one currently out of fashion. The approach currently dominant in the philosophical literature treats threats as essential to coercion, and understands coercion in terms of the way threats alter the costs and benefits of an agent’s actions; I call this the “pressure” approach. It has largely superseded the “enforcement approach,” which focuses on the powers and actions of the coercer rather than (...) the perspective of the coercee. The enforcement approach identifies coercion with certain uses of the kinds of powers that agents need to accumulate and wield in order to be able to make significant, credible threats. Though there is considerable overlap extensionally in the instances of coercion recognized by the two approaches, the enforcement approach encompasses some uses of power to coerce that do not involve threats . It also circumscribes which threats should be counted as coercive, though notably it provides a picture of coercion that is non-moralized in its essentials. While there may be specific purposes for which a pressure account is to be preferred, I argue that the enforcement approach better describes how coercion works, and elucidates factors that are often tacitly assumed by pressure accounts. It also is more useful for explaining the social and political significance of coercion, and why coercion is thought to have the implications commonly associated with it. In particular, I argue that it helps us understand why uses of coercion are in general a matter of ethical significance, why state authority depends on commanding a monopoly on the right to use coercion, and why being coerced may reasonably provide one a defense against being held responsible for actions one is coerced into taking. (shrink)

This volume explores the philosophical issues involved in the idea of petitionary prayer, where this is conceived as an activity designed to influence the action of the all-knowing, all-powerful, perfectly good God of traditional theism. Theists have always recognized various logical and moral limits to divine action in the world, but do these limits leave any space among God's reasons for petitionary prayer to make a difference? Petitionary Prayer: A Philosophical Investigation develops a new account of the conditions required for (...) a petitionary prayer to be answered by employing the notion of contrastive explanation. With careful attention to recent developments in metaphysics, epistemology, and value theory, Scott A. Davison surveys the contemporary literature on this question. He considers questions about human freedom and responsibility in relation to different views of divine providence, along with the puzzles inherent in Christian teachings concerning petitionary prayer. Davison develops new challenges to the coherence of the idea of answered petitionary prayer based upon the nature of divine freedom, the limits of human knowledge, and the nature of those good things that require a recipient's permission before they can be given. He proposes new defences, building upon careful analysis of the shortcomings of previous proposals and clarifying the issues for future debate. (shrink)

What sorts of things are there in the world? Clearly enough, there are concrete, material things; but are there other things too, perhaps nonconcrete or non-material things? Some people believe that there are such things, which are often called abstract ; purported examples of such objects include numbers, properties, possible but non-actual states of affairs, propositions, and sets. Following a long-standing tradition, I shall describe persons who believe that there are abstract objects as ‘platonists’. In this paper, I shall not (...) directly address the plausibility of platonism, as compared with its rivals; instead, I shall confine my attention to one way in which some people have tried to combine platonism and theism. More specifically, I shall concentrate upon the claim that abstract objects depend upon God ontologically ; I shall argue that platonistic theists should reject DEP in favour of the claim that abstract objects exist independently of God . In order to evaluate the relative merits of DEP versus IND, it will be helpful to examine in some detail a particular articulation of DEP. When it comes to recent work on DEP, we can do no better in this regard than to examine the recent work of Thomas V. Morris and Christopher H. Menzel. According Morris and Menzel, there is a sense in which God literally creates such abstracta through engaging in intellective activities. (shrink)

Several prominent theorists have recently advocated reconceptualizing rape as “nonconsensual sex,” omitting the traditional “force” element of the crime. I argue that such a conceptualization fails to capture what is distinctively problematic about rape for women and why rape is pivotal in supporting women’s gender oppression. I argue that conceptualizing rape as coerced sex can replace both the force and nonconsent elements and thereby remedies some of the main difficulties with extant definitions, especially in recognizing “acquaintance” rape as such. I (...) argue that this approach helps explain its distinctive badness both for the individual victims and for women as a group. (shrink)

A plausible explanation of the wrongfulness of threatening, advanced most explicitly by Mitchell Berman, is that the wrongfulness of threatening derives from the wrongfulness of the act threatened. This essay argues that this explanation is inadequate. We can learn something important about the wrongfulness of threatening (with implications for thinking about coercion) by comparing credible threats to some other claims of impending harm. A credible bluff threat to do harm is likely to be more and differently wrongful than making intentionally (...) false warnings about other sources of harm. This essay surveys some examples to secure this point, shows that Berman's moralized account of their wrongfulness is wanting, and offers the outline of an approach better suited to explain the wrongfulness of threatening.1. (shrink)

In his recent book Natural Law and Practical Rationality , Mark Murphy develops a sophisticated version of a natural law account of practical rationality. I shall show that with only a few minor changes, Murphy's account can be developed into an environmental ethic that generates human obligations to non-human animals, plants, and perhaps even ecosystems and machines. (I shall not discuss here the plausibility of this extension of Murphy's account, relative to competing accounts in environmental ethics; that discussion will have (...) to wait for another occasion.) I begin with a brief sketch of Murphy's account, and then proceed to show how it can be developed into an environmental ethic, with particular attention to several crucial places in the overall argument of his book and arguments developed in other published works. (shrink)

I respond to Daniel and Frances Howard-Snyder’s criticisms of my arguments in another place for the conclusion that human supplicants would have little responsibility (if any) for the result of answered petitionary prayer, and criticize their defense of the claim that God would have good reasons for creating an institution of petitionary prayer.

Volume 19, Issue 9, September 2019, Page 39-41.

I argue that a well-known argument concerning moral luck supports something like the Principle of Alternate Possibilities (PAP), despite the attacks on PAP by Harry Frankfurt and John Martin Fischer.

This chapter contains sections titled: The Present Moment Sterner on Returning to the Present Clock Time and Experienced Time Notes.

In “Molinism, Meticulous Providence, and Luck,” Steven Cowan argues that the doctrine of meticulous providence creates a damaging dilemma for Molinists. I argue that Molinists can overcome this dilemma without giving up the doctrine of meticulous providence.

In this paper, I explore several privacy issues as they arise with respect to the divine/human relationship. First, in section 1, I discuss the notion of privacy in a general way. Section 2 is devoted to the claim that privacy involves control over information about oneself. In section 3, I summarize the arguments offered recently by Margaret Falls-Corbitt and F. Michael McLain for the conclusion that God respects the privacy of human persons by refraining from knowing certain things about them. (...) Finally, in section 4, I shall criticize Falls-Corbitt and McLain’s arguments and make some concluding remarks about God and privacy. (shrink)

There are few participants in academic or policy debates over prostitution who would disagree that steps should be taken to improve conditions for those working in prostitution; so Moen1 is in good and plentiful company with respect to his recommendations.I will focus here on the analysis leading up to his conclusions, and with whether it helps us understand why prostitution is so commonly harmful and what it would take to mitigate those harms.i On these matters I am dubious. The question (...) of whether or not prostitution is harmful would seem, manifestly, to be an empirical question, rather than a philosophical issue. I take it that Moen's aim is to clarify the evaluative task, and then to evaluate the arguments that can be made to show prostitution is harmful—tasks which philosophers can responsibly engage in. But I would suggest that Moen's approach to this particular subject oversimplifies it by abstracting away from key facts about the context in which prostitution takes place, and thus that it does not offer as strong a case for normalising prostitution as he hopes.The basic thesis of Moen's essay is that if casual sex is harmless , then the sale of casual sexual services for money is also harmless, or at …. (shrink)

This essay provides a positive account of coercion that avoids significant difficulties that have confronted most other recent accounts. It enters this territory by noting a dispute over whether coercion has to manipulate the will of the coercee, or whether direct force inhibiting action (such as manhandling or imprisoning) is itself coercive. Though this dispute may at first seem a mere matter of taxonomic categorization, I argue that this dispute reflects an important divergence in thought about the nature of coercion. (...) Though it has rarely been noted, there are two significantly different ways of theorizing coercion found in recent writing on coercion. One focuses on the ability of the coercer to inhibit actions by the coercee through techniques such as force, violence, and like powers, or threats based in such powers. The other approach restricts coercion to cases where coercion manipulates the will of the coercee, though widens it to include any sort of threat that puts pressure on the coercee's will and alters the coercee's intentional choice of action. The former, enforcement approach used to be widely assumed by many political theorists who discussed the place of coercion in law and politics, though it has been largely supplanted by the latter, pressure approach. I show that these approaches are indeed quite distinct, and argue that the enforcement approach is in several ways superior to and more fundamental than the pressure approach for recognizing and understanding coercion in ethics and political and legal philosophy. I also consider and respond to a number of objections to the enforcement approach, showing that it can deal with some puzzle cases such as bluffs, blackmail, inefficacious threats, oblique threats, and economic coercion. (shrink)

: The rights to liberty championed by classical liberal and libertarian theorists may be supported as products of practical reason. The foundations for these rights rest initially on the idea that the separateness of persons is embedded in the circumstances of life that make justice a meaningful concept. We can discover the duties justice imposes […].

Are there good reasons for offering petitionary prayers to God, if God exists? Could such prayers make a difference in the world? Could we ever have good reason to think that such prayers had been answered? In this Element, the author will carefully explore these questions with special attention to recent philosophical discussions.

The story of the show, The Good Place, begins with a common picture of what happens to us after we die. One of the key philosophical issues in the story involves how to assess correctly the moral goodness or badness of a person's life on Earth, since this is the basis of the judgment concerning their eternal destiny. Thomas Nagel claims that there are four kinds of “moral luck”: luck in the circumstances in which we find ourselves, luck with respect (...) to our constitution or character, luck with respect to the results of our actions, and luck with respect to having free choices at all. Perhaps one moral of the story of The Good Place is that life is really complicated, morally speaking—people are not simply good or evil, and cannot be judged easily. (shrink)

Academic dishonesty is a persistent problem in the American educational system. The present investigation examined how reports of academic cheating related to students' emphasis on their moral identities and their sensitivity to social evaluation. Seventy college students at a large southeastern university completed a battery of surveys. Symptoms of social anxiety were positively correlated with recall of academic cheating. Additionally, relative to students who placed less importance on their moral identities, students who placed more importance on their moral identities recalled (...) significantly fewer instances of cheating. In summary, these findings suggest that students are less likely to cheat on their school work when they place greater emphasis on their moral identity and are less sensitive to social evaluation. Practical interventions to rampant cheating in American schools are discussed. (shrink)