Modern society takes on a civilized, secular solidity in its rejection of worlds contrary to it, worlds of the savage and the sacred. Yet, as Fitzpatrick shows, these are also worlds intrinsic to modernity itself. It is with the resulting fracture in modernity's self-creation that law now finds its grounds - grounds that match the varieties of modern nation, whether this be the territorially bounded nation or nation as universally oriented in such modes as imperialism, globalism and human rights. (...) Drawing on untapped resources in social theory, Fitzpatrick finds law pivotally placed in and beyond modernity. Being itself of the modern, law takes impetus and identity from modern society. Yet law also extends beyond the modern and, through incorporating elements of savagery and the sacred, it comes to constitute that very society. When placing law in such a crucial position for modernity, Fitzpatrick ranges widely but pointedly from the colonizations of the Americas, through the thought of the European Enlightenment, and engages finally with contemporary arrogations of the 'global'. By extending his work on the origins of modernity, Modernism and the Grounds of Law makes a significant contribution to continuing developments in law and society, legal philosophy, and jurisprudence. (shrink)
Foreword -- Prologue -- Attorney Eileen Fitzpatrick -- Dr. Jeanne Fitzpatrick -- section 1. Death and dying in America -- 1. The need for change : the cautionary tale of Phyllis Shattuck -- Dr. Fitzpatrick tells Phyllis Shattuck's story -- Reflections -- How this book will help -- Lessons to learn -- New name, old concept -- 2. Your right to die -- Your right to die is born : the case of Karen Ann Quinlan -- The (...) Supreme Court weights in : the case of Nancy Cruzan -- Advance directive forms : an imperfect solution -- The more things change, the more they stay the same : the case of Terri Schiavo -- Moving forward : comfort care only and the Compassion Protocol -- A personal choice -- section 2. Who can use the Compassion Protocol -- 3. The competent elderly -- Dr. Fitzpatrick tells Willa Simpson's story -- Learning from Willa -- The Compassion Protocol increases choice and control at the end of lie -- The Compassion Protocol and the competent elderly -- 4. The terminally ill -- Dr. Fitzpatrick tells Melissa Blackburn's story -- Terminal illness and the Compassion Protocol -- Current practices -- Compassion Protocol practices -- 5. Alzheimer's dementia and the Compassion Protocol -- Dr. Fitzpatrick tells Carl Novack's story -- Alzheimer's dementia and the Compassion Protocol -- Is this really legal? -- Updating time-honored advice -- section 3. How the Compassion Protocol works -- 6. Step one : know your options -- Option one : don't go to the hospital again -- Option two : refuse antibiotics -- Option three : discontinue your usual medications -- Option four : refuse hydration and nutrition -- Health care options summary -- Choosing when your options take effect -- Step one summary -- 7. Step two : make your decisions -- Introduction to step two -- The Compassion Protocol worksheet -- Your list of pros and cons -- A story of our own worst fears -- Step two and the Alzheimer's patient -- Selecting a health care decision maker -- Review -- 8. Step three : communicate your decisions -- The importance of full and adequate communication : the story of Ray Sullivan -- What constitutes effective communication? -- Tell your health care decision maker -- Tell your doctor and other health care providers -- Tell your family -- Tell your friends -- Dr. Fitzpatrick talks about her end-of-life choices -- Attorney Fitzpatrick talks about her end-of-life choices -- Step three summary -- 9. Step four : do the paperwork -- Introduction to the Contract for Compassionate Care -- Legal basis of the Compassion Protocol -- The long and short of legal forms -- And never forget the "people" part -- 10. Step five : plan the kind of death you want -- Changing society one death at a time -- 11. Hospice and the Compassion Protocol -- The importance of fighting for life and of letting go : Dr. Fitzpatrick tells the story of one patient's experience with hospice -- The team approach -- Paying for hospice -- Hospice and the Compassion Protocol -- 12. Everyone's worst fear : the nursing home -- Dr. Fitzpatrick relates the story of Sean O'Connor : a regrettably common nursing home experience -- Understanding you nursing home option -- Nursing homes : a growth business -- The home health care alternative -- When the system works : Dr. Fitzpatrick tells the story of Sally Forest -- Reflections -- 13. Looking ahead -- Appendix A. Contract for Compassionate Care -- Appendix B. Tools for the Compassion Protocol -- Glossary. (shrink)
The distinction between harm that is intended as a means or end, and harm that is merely a foreseen side-effect of one’s action, is widely cited as a significant factor in a variety of ethical contexts. Many use it, for example, to distinguish terrorist acts from certain acts of war that may have similar results as side-effects. Yet Bennett and others have argued that its application is so arbitrary that if it can be used to cast certain harmful actions in (...) a more favorable light, then it can equally be manipulated to do the same for any kind of harmful action. In response, some have tried to block such extensions of the intend/foresee distinction by rejecting its application in cases where the relation between the plainly intended means and the harm is “too close”. This move, however, has been attacked as vague and obscure, and Bennett has argued that all the plausible candidates for explicating the idea of excessive closeness ultimately fail. In this paper, I develop and defend an account of excessive closeness with the aim of rescuing the intend/foresee distinction from such charges of arbitrariness. The account is based on the distinction between merely causal and constitutive relations among states of affairs, and I show both how it escapes Bennett’s objections to other accounts and how it applies to a variety of cases. Finally, I also examine Quinn’s alternative move of shifting the focus of the intend/foresee distinction in an attempt to sidestep the issue of closeness, and argue that it is not ultimately successful. In fact, Quinn’s view has shortcomings that can be resolved only by returning to an appeal to some notion of closeness, underscoring the need for the sort of account I offer. (shrink)
The recent debate surrounding scientific realism has largely focused on the “no miracles” argument (NMA). Indeed, it seems that most contemporary realists and anti-realists have tied the case for realism to the adequacy of this argument. I argue that it is mistake for realists to let the debate be framed in this way. Realists would be well advised to abandon the NMA altogether and pursue an alternative strategy, which I call the “local strategy”.
This article contributes to the development of a professional responsibility theory of public relations ethics. Toward that end, we examine the roles of a public relations practitioner as a professional, an institutional advocate, and the public conscience of institutions served. In the article, we review previously suggested theories of public relations ethics and propose a new theory based on the public relations professional's dual obligations to serve client organizations and the public interest.
While differing widely in other respects, both neo-Humean and neo-Kantian approaches to normativity embrace an internalist thesis linking reasons for acting to potential motivation. This thesis pushes in different directions depending on the underlying view of the powers of practical reason, but either way it sets the stage for an attack on realist attempts to ground reasons directly in facts about value. How can reasons that are not somehow grounded in motivational features of the agent nonetheless count as reasons for (...) that particular agent, having genuine normative force for her? Won't any realist, externalist view threaten to alienate the individual from the reasons that obtain for her, particularly if she fails (even after rational deliberation) to care about the values that are supposed to ground them? I argue that such objections can successfully be answered, and that externalist views of reasons need not be plagued with normative alienation. Focusing largely on a recent debate between Williams and McDowell over the nature of normative reasons, I show that a value-based externalist theory, when properly conceived, can account for the normative relevance of reasons to the particular agents for whom they obtain. Moreover, Williams's own sophisticated neo-Humeanism turns out to be vulnerable to parallel charges of normative alienation, which it cannot escape without compromising the very psychologistic orientation that has been its chief attraction. Realist externalism about reasons turns out to be a more viable and attractive alternative to both neo-Humeanism and neo-Kantianism than many currently take it to be. (shrink)
In this paper we argue that the insistence by Fodor et. al. that the Language of Thought hypothesis must be true rests on mistakes about the kinds of explanations that must be provided of cognitive phenomena. After examining the canonical arguments for the LOT, we identify a weak version of the LOT hypothesis which we think accounts for some of the intuitions that there must be a LOT. We then consider what kinds of explanation cognitive phenomena require, and conclude that (...) three main confusions lead to the invalid inference of the truth of a stronger LOT hypothesis from the weak and trivial version. These confusions concern the relationship between syntax and semantics, the nature of higher-level causation in cognitive science, and differing roles of explanations invoking intrinsic structures of minds on the one hand, and aetiological or evolutionary accounts of their properties on the other. (shrink)
Despite widespread agreement that we have moral responsibilities to future generations, many are reluctant to frame the issues in terms of justice and rights. There are indeed philosophical challenges here, particularly concerning nonoverlapping generations. They can, however, be met. For example, talk of justice and rights for future generations in connection with climate change is both appropriate and important, although it requires revising some common theoretical assumptions about the nature of justice and rights. We can, in fact, be bound by (...) the rights of future people, despite the “non-identity problem,” and the force of these rights cannot be diluted by “discounting” future costs. Moreover, a rights-based approach provides an effective answer to political arguments against taking mandatory measures to curb greenhouse gas emissions when these are unpopular with a democratic populace. (shrink)
This work is an examination of teleological attributions (i.e. ascriptions of proper functions and natural ends) to the features and behavior of living things, with a view ultimately to understanding their application to human life and the significance they may or may not have for an understanding of human nature and values. The author argues that such teleological attributions do indeed apply to living things, including human beings, and that this sheds substantial light on what living things are; interestingly, it (...) also reveals the existence of objective, species-relative norms in nature-standards of a certain kinds of goodness or badness inherent in the natures of living things. A large part of the work is devoted to arguing for an account of natural teleology that is both biologically responsible and sensitive to a number of distinctively philosophical concerns. This account makes a unique contribution to the literature in the philosophy of biology by incorporating a detailed concern with evolutionary cause history without embracing the overly reductionistic tendencies of other evolutionary oriented views. One important upshot of the account is that an organism's natural proper function-whether physiological or behavioral-cannot be understood as being generally or ultimately welfare-oriented, but must be understood on a very different model. It is this that the author argues ultimately undermines any attempt (still popular among some neo-Aristotelians) to appeal to natural standards of proper functioning in human life, at the level of character and action, to underwrite ethical judgements about human goodness or badness. It also shows that while natural teleology in human life reveals something important about what we are, this misses another crucial side of human nature, which enables us largely to transcend our natural ends and is what makes for the possibility of genuine moral agency. (shrink)
Morgan’s Canon is a very widely endorsed methodological principle in animal psychology, believed to be vital for a rigorous, scientific approach to the study of animal cognition. In contrast I argue that Morgan’s Canon is unjustified, pernicious and unnecessary. I identify two main versions of the Canon and show that they both suffer from very serious problems. I then suggest an alternative methodological principle that captures all of the genuine methodological benefits that Morgan’s Canon can bring but suffers from none (...) of its problems. (shrink)
It has been common for researchers and commentators within the discipline of Social and Public Policy to evoke Rawlsian theories of justice. Yet some now argue that the contractualist tradition cannot adequately incorporate, or account for, relations of care, respect and interdependency. Though contractualism has its flaws this article proposes that we should not reject it. Through a critique of one of its most esteemed critics, Martha Nussbaum, it proposes that contractualism can be defended against the capabilities approach she prefers. (...) The article concludes by suggesting how and why the moral philosophy of Thomas Scanlon offers a basis for reconciling the strengths of a contractualist, egalitarian liberalism with those of Nussbaum’s capabilities approach. (shrink)
The Public Relations Society of America's (PRSA) Member Code of Ethics 2000 assumes professional standing for PRSA members, emphasizes public relations' advocacy role, and stresses education rather than enforcement as key to improving industry standards. Code development involved more than 2 years of research and writing and the counsel of outside ethics experts. In this article I review the code development process, providing an insider's perspective on the ethics initiative.
A remarkable surge in efforts to assess the quality of life of patients has occurred in recent years in medical research. Philosophical discussions of these developments have focused, on the one hand, on epistemological reservations about the plausibility of measuring quality of life and, on the other hand, on moral and ethical qualms about the meaning of life conveyed in such assessments. Whilst providing an important note of caution, such critiques fail to recognise two basic principles of quality of life (...) in medical research. Firstly it is intended to provide understanding about groups and categories of patients rather than individuals. Secondly the purpose of such research is to produce generalisations about the relative costs and benefits of specific health care interventions rather than absolute judgements regarding the quality of life of patients per se. Selecting a good quality of life measure for a clinical trial requires balancing criteria such as validity with practical feasibility. Such measures will play an increasingly central role in providing research evidence to improve health care. (shrink)
It feels like there’s two of you inside—like there’s another half of you, which is my anorexia, and then there’s the real K [own name], the real me, the logic part of me, and it’s a constant battle between the two. The anorexia almost does become part of you, and so in order to get it out of you I think you do have to kind of hurt you in the process. I think it’s almost inevitable. We came to the (...) concept of authenticity belatedly, one might say. We had been talking to people who had a diagnosis of anorexia nervosa about their experiences of living with their condition, and though we had not raised issues of authenticity or identity ourselves, they often did. They struggled with questions of .. (shrink)
The Public Relations Society of America (PRSA) adopted its first code of ethics in 1950, 2 years after PRSA was formed. During the next 50 years, the code was revised and updated several times to keep pace with industry practices and increased expectations for ethical performance. In 2000 a new code was adopted to heighten awareness of ethical issues and address concerns regarding code enforcement. In this article I trace the 50-year evolution of PRSA's codes of ethics and related code-enforcement (...) activities. (shrink)
BackgroundIncrease in global health research undertaken in resource poor settings in the last decade though a positive development has raised ethical concerns relating to potential for exploitation. Some of the suggested strategies to address these concerns include calls for providing universal standards of care, reasonable availability of proven interventions and more recently, promoting the overall social value of research especially in clinical research. Promoting the social value of research has been closely associated with providing fair benefits to various stakeholders involved (...) in research. The debate over what constitutes fair benefits; whether those that addresses micro level issues of justice or those focusing on the key determinants of health at the macro level has continued. This debate has however not benefited from empirical work on what stakeholders consider fair benefits. This study explores practical experiences of stakeholders involved in global health research in Kenya, over what benefits are fair within a developing world context.Methods and resultsWe conducted in-depth interviews with key informants drawn from within the broader health research system in Kenya including researchers from the mainstream health research institutions, networks and universities, teaching hospitals, policy makers, institutional review boards, civil society organisations and community representative groups.The range of benefits articulated by stakeholders addresses both micro and macro level concerns for justice by for instance, seeking to engage with interests of those facilitating research, and the broader systemic issues that make resource poor settings vulnerable to exploitation. We interpret these views to suggest a need for global health research to engage with current crises that face people in these settings as well as the broader systemic issues that produce them.ConclusionGlobal health research should provide benefits that address both the micro and macro level issues of justice in order to forestall exploitation. Embracing the two is however challenging in terms of how the various competing interests/needs should be balanced ethically, especially in the absence of structures to guide the process. This challenge should point to the need for greater dialogue to facilitate value clarification among stakeholders. (shrink)
This paper discusses Kevin Kelly’s recent attempt to justify Ockham’s Razor in terms of truth-finding efficiency. It is argued that Kelly’s justification fails to warrant confidence in the empirical content of theories recommended by Ockham’s Razor. This is a significant problem if, as Kelly and many others believe, considerations of simplicity play a pervasive role in scientific reasoning, underlying even our best tested theories, for the proposal will fail to warrant the use of these theories in practical prediction.