Comparative Religious Law provides for the first time a study of the regulatory instruments of Jewish, Christian and Muslim religious organisations in Britain in light of their historical religious laws. Norman Doe questions assumptions about the pervasiveness, character and scope of religious laws, from the view that they are not or should not be recognised by civil law, to the idea that there may be a fundamental incompatibility between religious and civil law. It proposes that religious laws pervade society, (...) are recognised by civil law, have both a religious and temporal character, and regulate wide areas of believers' lives. Subjects include sources of law, faith leaders, governance, worship and education, rites of passage, divorce and children, and religion-State relations. A Charter of 'the principles of religious law' common to all three Abrahamic faiths is proposed, to stimulate greater mutual understanding between religion and society and between the three faiths themselves. (shrink)

In recent years, there have been a number of moral panics in Western societies about the existence of religious courts and tribunals in general and Shariah law in particular. In England and Wales, these concerns came to the fore following the 2008 lecture by the then Archbishop of Canterbury, Dr Rowan Williams, on ‘Civil Law and Religious Law in England’. In that lecture, Williams drew upon the work of the Canadian scholar Ayelet Shachar endorsing her concept of ‘transformative accommodation’. In (...) this article, we return to the work of Shachar in the light of our recent empirical study which examined the divorce jurisdiction of three religious tribunals in detail: a Jewish Beth Din; a matrimonial tribunal of the Roman Catholic Church; and a Muslim Shariah Council. We suggest that the focus upon Shachar’s concept of ‘transformative accommodation’ by Williams and subsequent commentators is unfortunate given that Shachar actually proposes ‘transformative accommodation’ as just one variant of what she refers to as ‘joint governance’ (albeit her preferred variant). We propose that the umbrella concept of ‘joint governance’ and its other variants can be developed in a way that could prove to be more useful than ‘transformative accommodation’. (shrink)

Schopenhauer is famously abusive toward his philosophical contemporary and rival, Friedrich William Joseph von Schelling. This chapter examines the motivations for Schopenhauer’s immoderate attitude and the substance behind the insults. It looks carefully at both the nature of the insults and substantive critical objections Schopenhauer had to Schelling’s philosophy, both to Schelling’s metaphysical description of the thing-in-itself and Schelling’s epistemic mechanism of intellectual intuition. It concludes that Schopenhauer’s substantive criticism is reasonable and that Schopenhauer does in fact avoid Schelling’s errors: (...) still, the vehemence of the abuse is best perhaps explained by the proximity of their philosophies, not the distance. Indeed, both are developing metaphysics of will with full and conflicted awareness of the Kantian epistemic strictures against metaphysics. In view of this, Schopenhauer is particularly concerned to mark his own project as legitimate by highlighting the manner in which he avoids Schelling’s errors. (shrink)

Wittgenstein was one of the most powerful influences on contemporary philosophy, yet he shunned publicity and was essentially a private man. This remarkable, vivid, personal memoir is written by one of his friends, the eminent philosopher Norman Malcolm. Reissued in paperback, this edition includes the complete text of fifty-seven letters which Wittgenstein wrote to Malcolm over a period of eleven years. Also included is a concise biographical sketch by another of Wittgenstein's philosopher friends, Georg Henrik von Wright. 'A reader (...) does not need to care about philosophy to be excited by Mr Malcolm's book; it is about Wittgenstein as a man, and its interest is human interest'. (shrink)

Are there any advantages to thinking and speaking about ethical business in the language of citizenship? We will address this question in part by looking at the possible relevance of a vast literature on individual citizenship that has been produced by political philosophers over the last fifteen years. Some of the central elements of citizenship do not seem to apply straightforwardly to corporations. E.g., “citizenship” typically implies membership in a state and an identity akin to national identity; but this connotation (...) of citizenship is obviously problematic for multinational corporations. However, the language of citizenship does help to focus our attention on various legal and political virtues (or vices) for corporations—topics that have been largely neglected by discussions under other rubrics, such as CSR or sustainability. We finish with an evaluation of the potential benefits and costs of conceptualizing and talking about ethical business practices in the language of citizenship. (shrink)

Are there any advantages to thinking and speaking about ethical business in the language of citizenship? We will address this question in part by looking at the possible relevance of a vast literature on individual citizenship that has been produced by political philosophers over the last fifteen years. Some of the central elements of citizenship do not seem to apply straightforwardly to corporations. E.g., “citizenship” typically implies membership in a state and an identity akin to national identity; but this connotation (...) of citizenship is obviously problematic for multinational corporations. However, the language of citizenship does help to focus our attention on various legal and political virtues (or vices) for corporations—topics that have been largely neglected by discussions under other rubrics, such as CSR or sustainability. We finish with an evaluation of the potential benefits and costs of conceptualizing and talking about ethical business practices in the language of citizenship. (shrink)

This chapter contains sections titled: Is There a Right to Health Care? What Does a Right to Health Care Include? Choice or Consent and the Exercise of our Right to Health Care References.

Are there any advantages to thinking and speaking about ethical business in the language of citizenship? We will address this question in part by looking at the possible relevance of a vast literature on individual citizenship that has been produced by political philosophers over the last fifteen years. Some of the central elements of citizenship do not seem to apply straightforwardly to corporations. E.g., “citizenship” typically implies membership in a state and an identity akinto national identity; but this connotation of (...) citizenship is obviously problematic for multinational corporations. However, the language of citizenship does help to focus our attention on various legal and political virtues (or vices) for corporations—topics that have been largely neglected by discussions under other rubrics, such as CSR or sustainability. We finish with an evaluation of the potential benefits and costs of conceptualizing and talking about ethical business practices in thelanguage of citizenship.“Citizen” and “Citizenship” are powerful words. They speak of respect, of rights, of dignity. . . . We find no perjorative uses. It is a weighty, monumental, humanist word.—Fraser and Gordon 1994: 90[The rhetorical appeal to citizenship often] seems to have no purpose other than to add normative weight to a policy, institution or practice that could just asaptly be described without reference to citizenship.—Weinstock 2002: 244. (shrink)

The so-called Menschenpark-debate on genetic engineering—originating in 1999—turned out to be one of the most controversial and contentious debates in German philosophy. It is also regarded as the first manifestation of the struggle between Sloterdijk and Habermas. While Sloterdijk’s ideas had a significant impact on Habermas’s theory, Sloterdijk’s philosophy has been consistently ignored and dismissed until today due to two reasons. First, he was accused of advocating for fascist ideology. Second, philosophers from the same academic circles claimed that his method (...) does not meet academic standards. The debate therefore signifies a larger problem that concerns the methodological difference between analytic-Continental philosophies that work on a formal level and Continental philosophies that work with a tropological account experimenting with different non-formal philosophical expressions. I will carve out this distinction with respect to the Menschenpark-debate to argue that Sloterdijk is an integral part of our philosophical historical moment. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.3 (2002) 501-519 [Access article in PDF] Nietzsche and Early Romanticism Judith Norman Nietzsche was in many ways a quintessentially romantic figure, a lonely genius with a tragic love-life, wandering endlessly (through Italy, no less) before going dramatically mad, taken by his gods into the protection of madness (to quote Heidegger's epithet on Hölderlin, one of Nietzsche's childhood favorites). 1 But this (...) is to be a romantic in an uncapitalized manner, and has nothing to do with the literary movement of Romanticism, a movement from which, as is well-known, Nietzsche distanced himself loudly and vigorously. Nietzsche famously follows Goethe in his verdict that Romanticism is a form of sickness and classicism a form of strength, and commentators, for the most part, have accepted this self-description. 2 That is, they do not blithely identify Nietzsche with that nineteenth-century artistic movement, whose proponents include Victor Hugo, Eugene Delacroix, and Richard Wagner. 3But Romanticism is a plural phenomenon. When Goethe made his famously dismissive remark, he was clearly not talking about Hugo and Wagner; he meant Romanticism in an earlier incarnation. Commentators have been less reticent about finding all sorts of affinities between Nietzsche and some of these earlier movements. In particular Nietzsche is frequently and positively compared to Jena Romanticism (also known as early Romanticism), a movement whose principal figures included August and Friedrich Schlegel, Novalis, Tieck, Schleiermacher, and Schelling, and the writings they published in the 1790s, principally in the journal, Athenaeum. It is this romantic movement that will be the focus of my paper. Jena romantics, while Grecophile, had nothing to do with Rousseauean primitivism (they were well aware that their image of the [End Page 501] Greeks reflected contemporary fantasies more than historical reality), they had no cult of the genius, and they did not valorize emotion above reason. 4 What was central to their movement was profound skepticism about the viability of traditional attitudes towards truth, an intellectually rigorous theory of art that gave particular weight to playfulness, fragmented writing, the notion of literary irony, a sense that the philosopher ought to be or become more of an artist (though not a genius)—and, correlatively, that philosophy is or ought to become more artistic. All of which sounds decidedly Nietzschean. Romanticizing Nietzsche While Nietzsche himself never makes the connection, he never explicitly distances himself from the authors of Jena romanticism in the way he does from later romantic figures. 5 Indeed, he barely mentions the Jena romantics by name and probably never read Friedrich Schlegel, the figure most closely associated with this romantic movement. 6 As such, there is certainly space for commentators to argue for a close if tacit intellectual connection between Nietzsche and Jena romanticism; indeed, one commentator speaks of a fundamental affinity, 7 another calls Nietzsche the last romanticist, and yet another claims that "[Nietzsche's] story makes sense only when read in the larger context of his Romantic predecessors' history." 8It is undeniable that Nietzsche came out of a philological tradition inaugurated by the Schlegels (and developed by Schelling) which juxtaposed the Dionysian and the Apollinian in Greek tragedy. According to Lacoue-Labarthe, "an entire tradition of academic philosophy (which, on his own initiative, Nietzsche had joined) revolved around precisely this opposition." 9 At least in [End Page 502] his earlier works Nietzsche's view of the Greeks was influenced by (if not predicated on) the scholarly research and interpretative theories of figures associated with Jena romanticism. How profound and enduring this influence might have been is an interesting question, but not one I will explore at present. I will not discuss the influence of the Jena romantics in their scholarly capacity as classical philologists, but rather focus on any impact they may have had as philosophically minded literary critics during the 1790s. Similarly, I will not look at The Birth of Tragedy but rather focus on claims made concerning the romantic tendencies of Nietzsche's later work. A body of scholarship has been building which claims that the critical theories of Jena... (shrink)

The rapidly increasing numbers of elderly people in our society have raised some important moral questions: How should we distribute social resources among different age groups? What does justice require from both the young and the old? In this book, Norman Daniels offers the first systematic philosophical discussion of these urgent questions, advocating what he calls a "lifespan" approach to the problem: Since, as they age, people pass through a variety of institutions, the challenge of caring for the elderly (...) becomes the prudent allocation of public resources among the various stages of people's lives. Using this philosophical approach, Daniels addresses specific public policy issues such as the allocation of medical funds, the adequacy of long-term care, current Medicare cost-containment measures, and the equitable distribution of income support over the lifespan and between generations. (shrink)

In this essay, I consider the implications for traditional philosophical ethics posed by discoveries in brain research or neurocognition as well as psychological discoveries concerning human biases and cognitive limitations presented in behavioral economics. I conclude that although there still is much for philosophical ethics to do, the empirical research shows that human freedom and responsibility for ethical decisions is somewhat diminished and that choice architecture and nudges through public policy become important for getting people to do the right thing.

In A Theory of Justice, John Rawls defines a hypothetical contract situation and argues rational people will agree on reflection it is fair to contractors. He solves the rational choice problem it poses by deriving two lexically-ordered principles of justice and suggests the derivation justifies the principles. Its soundness aside, just what justificatory force does such a derivation have?On one view, there is no justificatory force because the contract is rigged specifically to yield principles which match our pre-contract moral judgments. (...) Rawls provides ammunition for this claim: “By going back and forth, sometimes altering the conditions of the contractual circumstances, at others withdrawing our judgments [about what is just] and conforming them to principle, I assume that eventually we shall find a description of the initial situation that both expresses reasonable conditions and yields principles which match our considered judgments duly pruned and adjusted.”. (shrink)

"Evidence of a flight from reason is as old as human record-keeping: the fact of it certainly goes back an even longer way. Flight from science specifically, among the forms of rational inquiry, goes back as far as science itself... But rejection of reason is now a pattern to be found in most branches of scholarship and in all the learned professions."--from the introduction In the widely acclaimed Higher Superstition: The Academic Left and Its Quarrels with Science, Paul R. Gross (...) and Norman Levitt offered a spirited response to the "science bashers," raising serious questions about the growing criticism of scientific practice from humanists and social scientists on the academic left. Now, in The Flight from Science and Reason, Gross and Levitt are joined by Martin W. Lewis to bring together a diverse and distinguished group of scholars, scientists, and experts to engage these questions from a wide variety of perspectives. The authors take on critics of science whose views range from moderate to extreme, from social constructivists to deconstructionists, from creationists and feminists to Afro-centrists. They discuss the rise of "alternative medicine" and radical environmentalism (here skewered as "ecosentimentalism"). They explain why the "uncertainty principle" does not work as a metaphor for ambiguity, and why "chaos theory" cannot be invoked without an understanding of mathematics. Throughout, they grapple with the paradox inherent in arguing with opponents who contend that reason itself, and thus logic, is suspect. Distributed for the New York Academy of Sciences. (shrink)

People tend to contribute more—and think they have stronger obligations to contribute more—to rescuing an identified victim rather than a statistical one. Indeed, they are often disposed to contribute more to rescuing a single identified victim than a greater number of statistical ones. By an “identified victim,” I mean Terry Q., lying injured in the passenger seat of the wrecked automobile on the corner of Main Street and Broadway, or Jessica McClure, the child who fell into the Texas well in (...) 1987 and whose family was sent $700,000 in donations for her. We need not know their names, however, and we can accept a very minimal form of identification. By a “statistical victim,” I mean the person who, extrapolating from traffic records, will be in a similar, serious car accident tomorrow (and may then be identified), or the children who will fall into wells next year if we do not cap them better than we did the well that trapped Jessica. Does this disposition (or perceived obligation) have any normative force? I initially thought there could be no such normative force, but consequentialist and nonconsequentialist arguments, pro and con, have convinced me that reasonable people can disagree with each other. This disagreement poses a problem for political philosophy: how should policy choices take such disagreement into account? (shrink)

Fenton et al. present a Bayesian‐network analysis of the case, using their previously developed set of building blocks (‘idioms’). They claim that these idioms, combined with their opportunity‐based method for estimating the prior probability of guilt, reduce the subjectivity of their analysis. Although their Bayesian model is less cognitively feasible than scenario‐ or argumentation‐based models, they claim that it does model the standard approach to legal proof, which is to continually revise beliefs under new evidence.

By entering the medical profession, physicians have consented to accept a standard level of risk of infection. In most instances, the risk of contracting HIV does not exceed this level.

First published in 1987. Towards the end of the twentieth century there was a resurgence of thinking about politics, economics and society referred to variously as the 'New Right', the radical right, neo-conservatism, economic liberalism or libertarianism. Although the New Right is not a single coherent movement it represented a clear alternative to the prevailing social-democratic consensus and had had considerable influence on government policy in both America and Britain. This book presents an introductory survey of the New Right worldwide. (...) It examines the varieties of free-market and 'monetarist' economic thought and introduces the reader to the public-choice critique of public policy. In political philosophy the book analyses American and British conservative thought and compares conservatism with neo-liberalism. The author pays particular attention to the New Right's analysis of constitutionalism and its critique of the dominance of 'politics' over 'economics' during the high-point of the consensus period. The author assesses the success which the different schools of the New Right have had in influencing public opinion and in the formation of government policy. He does not argue for or against the New Right but presents a dispassionate survey from which the reader can draw his or her own conclusions. (shrink)

Who was the author of the Fourth Edict in the great persecution of Diocletian's reign we do not know. Its precise terms are not recorded; of the date of its issue we are not informed. It is true that Mr. Kidd has recently written: ‘On April 30, 304, Maximian put out the Fourth Edict in the name of himself and bis co-Augustus,’ but he discreetly forbears to give the reader any hint of the source on which he bases that statement. (...) It may be doubted whether he has any better authority in mind than the ambiguous Passio S. Sabini, which, as even Mr. Mason admitted many years ago, ‘is not in the highest class of the historical relics of its age.’ If, indeed, this supposition does not do Mr. Kidd an injustice, it would have been well to have given some reasoned defence of the document. Dufourcq regards the Passio S. Sabini as a product of the Ostrogothic period, and contends that its picturesque exordium does not depend upon any earlier source. Until his detailed criticism of the Passion is answered, we can hardly use it for the reconstruction of the history of the fourth century. (shrink)

Hope is a precious resource. But, deluded, not based on a sober appraisal of the relevant realities, hope can also be lethal. One kind of hope is utopian hope. It does not exhaust what social hope is, or should be, about. The hope of remedying the most terrible injustices makes an urgent call on our attention. The world has travelled some way from the time when tyrannical governments could act with impunity in dealing with those under their jurisdiction. But it (...) has not travelled far enough. There remain a number of deficits in the system of international law: "thresholds of inhumanity". (shrink)

It is well known that Bayes’ theorem (with likelihood ratios) can be used to calculate the impact of evidence, such as a ‘match’ of some feature of a person. Typically the feature of interest is the DNA profile, but the method applies in principle to any feature of a person or object, including not just DNA, fingerprints, or footprints, but also more basic features such as skin colour, height, hair colour or even name. Notwithstanding concerns about the extensiveness of databases (...) of such features, a serious challenge to the use of Bayes in such legal contexts is that its standard formulaic representations are not readily understandable to non-statisticians. Attempts to get round this problem usually involve representations based around some variation of an event tree. While this approach works well in explaining the most trivial instance of Bayes’ theorem (involving a single hypothesis and a single piece of evidence) it does not scale up to realistic situations. In particular, even with a single piece of match evidence, if we wish to incorporate the possibility that there are potential errors (both false positives and false negatives) introduced at any stage in the investigative process, matters become very complex. As a result we have observed expert witnesses (in different areas of speciality) routinely ignore the possibility of errors when presenting their evidence. To counter this, we produce what we believe is the first full probabilistic solution of the simple case of generic match evidence incorporating both classes of testing errors. Unfortunately, the resultant event tree solution is too complex for intuitive comprehension. And, crucially, the event tree also fails to represent the causal information that underpins the argument. In contrast, we also present a simple-to-construct graphical Bayesian Network (BN) solution that automatically performs the calculations and may also be intuitively simpler to understand. Although there have been multiple previous applications of BNs for analysing forensic evidence—including very detailed models for the DNA matching problem, these models have not widely penetrated the expert witness community. Nor have they addressed the basic generic match problem incorporating the two types of testing error. Hence we believe our basic BN solution provides an important mechanism for convincing experts—and eventually the legal community—that it is possible to rigorously analyse and communicate the full impact of match evidence on a case, in the presence of possible errors. (shrink)

Tye argues that visual mental images have their contents encoded in topographically organized regions of the visual cortex, which support depictive representations; therefore, visual mental images rely at least in part on depictive representations. This argument, I contend, does not support its conclusion. I propose that we divide the problem about the depictive nature of mental imagery into two parts: one concerns the format of image representation and the other the conditions by virtue of which a representation becomes a depictive (...) representation. Regarding the first part of the question, I argue that there exists a topographic format in the brain but that does not imply that there exists a depictive format of image representation. My answer to the second part of the question is that one needs a content analysis of a certain sort of topographic representations i n order to make sense of depictive mental representations, and a topographic representation becomes a depictive representation by virtue of its content rather than its form. (shrink)

An issue of ongoing concern to clinical investigators, medical ethicists, and institutional review board members is the problem of obtaining informed consent in research that involves people with mental illness as research participants. Although the presence of a mental disorder per se does not render a person incapable of giving informed consent, some individuals afflicted with significant cognitive impairment, formal thought disorder, substantial anxiety or depression, or a variety of other symptoms may be impaired in their capacity to comprehend consent (...) disclosures and therefore to exercise consent to research participation in a competent manner.The stakes surrounding this informed consent issue are significant. On the one hand, the inclusion in research of participants who are not capable of giving informed consent may result in their exposure to unwarranted risks and significant harm. These concerns may be exacerbated in certain clinical trials in which patients are required to discontinue their medications during “washout periods” at the onset of a study, or are randomly assigned to a placebo treatment and remain off medication for extended periods. (shrink)

An issue of ongoing concern to clinical investigators, medical ethicists, and institutional review board members is the problem of obtaining informed consent in research that involves people with mental illness as research participants. Although the presence of a mental disorder per se does not render a person incapable of giving informed consent, some individuals afflicted with significant cognitive impairment, formal thought disorder, substantial anxiety or depression, or a variety of other symptoms may be impaired in their capacity to comprehend consent (...) disclosures and therefore to exercise consent to research participation in a competent manner.The stakes surrounding this informed consent issue are significant. On the one hand, the inclusion in research of participants who are not capable of giving informed consent may result in their exposure to unwarranted risks and significant harm. These concerns may be exacerbated in certain clinical trials in which patients are required to discontinue their medications during “washout periods” at the onset of a study, or are randomly assigned to a placebo treatment and remain off medication for extended periods. (shrink)

The moral principle of giving greater priority to benefiting people, the less well off they are, has been thought by some to share the plausibility of egalitarianism whilst avoiding the less plausible implications of the latter. This paper argues that the 'priority' principle does have an authentic place in our moral thinking, and that it is distinct from the idea of ‘equality’, but that the latter also has an indispensible role to play. The idea of ‘priority’has its place as the (...) expression of the moral standpoint of benevolent and sympathetic concern. ‘Equality’, in contrast, functions as a conception of social justice, from which it cannot be displaced by the idea of ‘priority’. (shrink)

Freedom! Freedom! The word "rings" with meaning to each of us! Yet, what does it really mean? Only the tyrant, living in a secure environment and operating above the law, is theoretically free to do as he chooses. For the remainder of society freedom is an elusive condition, circumscribed by a wide spectrum of personal, social, economic, and governmental restraints. Freedom is bounded most fundamentally by the nature of man and the physical universe. Merely to remain alive human beings must (...) accept a myriad of restrictions on individual appetites, actions, and desires. Personal choices are limited by levels of intelligence and the capacity to think. Effective propaganda or advertising can affect the freedom of those unable to analyze or resist it. Poor health and poverty can set serious limits to choice. No less significant are the intellectual and moral limitations which society imposes on those whom it intends to respect and honor. Social customs and mores, and the restraints they impose, set limits of necessity and respectability and thus, for most, the limits of free choice. Freedom is boundless for none. Those are most free who accept personal and social restraints as the necessary price which they and society must pay for minimum of order, decorum, security, and satisfaction. Freedom with restraint for none creates chaos; freedom with restraint for some creates injustice. Thus restraints must be public no less than private, for freedom, in practice, must be limited by regard for the freedom and welfare of others. This book brings together fourteen outstanding and concerned scholars to acquaint readers with the history, nature, and significance of freedom in America since the Declaration of Independence. Its publication should cause the reader to reflect on the meaning of freedom for the future. Following a "stage-setting" introduction, the chapters are organized to cover four essential areas of concern: Foundations of Freedom, Freedom and Governmental Processes, Freedom and the Human Condition, and Freedom and the Physical Environment. As would be expected, various points of view are presented. However, the differences are not over the facts, but over their meanings and their significance for the future. Certainly this is one of the better efforts to capture the meaning of democratic thought in American history. (shrink)

In the dialogues earlier than the Republic, Plato indicates in many ways his lack of confidence that any method of ethical analysis will lead to a discovery of the truth. The doubts which he expresses or implies have not always been given the attention which they deserve, and there has often been a reluctance to accept them as an expression of Plato's genuine conviction. There is, admittedly, some justification for this reluctance. Plato does not always seem to be consistent. In (...) his attitude towards the results attainable by the use of a method of joint inquiry, he is sometimes extremely optimistic, at other times sceptical; and it seems a not unreasonable explanation of his scepticism to ascribe it to his desire to preserve a consistent portrait of the ‘ignorant’ Socrates. Thus the hesitation and reserve with which Plato immediately qualifies his dogmatic presentation of the theory of νμνησις in the Meno is explicable as a concession to dramatic realism. His reference to the method discussed in the Phaedo as a δετερος πλος may be dismissed as ‘ironical’, as ‘the habitual playful selfdepreciation of Socrates’. The purpose of this paper is to suggest that the development of Plato's views on method in the dialogues as far as the Republic can be traced more consistently if we accept Plato's doubts, as well as his optimism, about ethical analysis, as the expression of his genuine conviction. (shrink)

Over-enthusiastic newborn screening has often caused substantial harm and has been imposed on the public without adequate information on benefits and risks and without parental consent. This problem will become worse when genomic screening is implemented. For the past 40 years, there has been broad agreement about the criteria for ethically responsible screening, but the criteria have been systematically ignored by policy makers and practitioners. Claims of high benefit and low risk are common, but they require precise definition and documentation, (...) which has often not occurred, undermining claims that involuntary testing is justified. Even when the benefits and risks are well established, it does not automatically follow that involuntary testing is justified, a position supported by the widespread tolerance for parental refusal of immunizations and newborn screening. (shrink)

1. ReorientationAt the end of Book III’s first, introductory chapter, Aquinas divides his projected investigation of divine providence into three big topics, the first of which he characterizes as having to do with “God himself in so far as he is the end of all things,” God’s omega-aspect (1.1867b).197 Since III.64 is unmistakably the beginning of Aquinas’s investigation of the second big topic, God’s universal governance, it looks offhand as if he intends to devote chapters 2–63 to his treatment of (...) God as the universal goal.198 In the first two of those chapters Aquinas does carry out a general investigation of the nature of agents, actions, and ends that makes an altogether appropriate preamble to a consideration of his thesis that God is (somehow) the unique, universal, ultimate goal of the actions of created agents.199 However, as we’ve just seen, Aquinas’s chapters 4 through 15 constitute a treatise on badness. God is mentioned only briefly in the twelve chapters that make up the treatise, and it’s unclear how, if at all, Aquinas intends his analysis of badness to contribute to his consideration of God as goal.200 So, setting aside the uncertainly relevant treatise on badness, it seems right to say that Aquinas’s investigation of God’s omega-aspect occupies not III.2–63 but just III.2–3 and 16–63.201 Within that latter series of chapters, he devotes III.16–24 to God as the goal of created things generally, the topic of this chapter, and III.25–63 to God as the ultimate goal of human beings specifically. (shrink)

Whether Albert Camus’s “existentialist” thought expresses an “ethics” is a subject of disagreement among commentators. Yet, there can be no reading of Camus’s philosophical and literary works without recognizing that he was engaged in the post-WW2 period with two basic questions: How must we think? What must we do? If his thought presents us with an ethics, even if not systematic, it seems to be present in his ideas of “remaking” both man and world that are central to his The (...) Myth of Sisyphus and The Rebel. Curiously, however, this apparent recommendation is ambiguous for the fact that while Camus proposes as much he does so “comme si,” i.e., form a perspective of “as if.” A clarification of this qualification is presented here in the light of the fact that Camus rejects any nihilist project that countenances either suicide or murder. Thereby one may argue that Camus indeed has an ethics that remains pertinent to today. (shrink)

First published in 1972, Problems of Mind begins with a consideration of the view that the human mind is an immaterial thing that does not require corporeal embodiment for its operations. It takes up the conception that "inner experiences" are "strictly identical" with brain processes. The book also deals exclusively with the doctrine called "Logical Behaviourism", which will always possess a compelling attraction for anyone who is perplexed by the psychological concepts, who has become aware of the worthlessness of an (...) appeal to introspection as an account of how we learn those concepts, and who has no inclination to identify mind with brain. The three most plausible theories of mind-body dualism, mind-brain monism, and behaviourism are all rejected, and nothing is set forth as the true theory. Norman Malcolm states that this is 'only a drop in the bucket. It will serve its purpose if it leads the reader into the writings of Wittgenstein, who is easily the most important figure in the philosophy of mind.' Problems of Mind will be an essential read for scholars and researchers of philosophy of mind, ethics, logic, and philosophy in general. (shrink)

What is needed now is a critical method which does justice to an evangelist's literary activity and yet moves beyond concern for authorial activity and theology to include a concern for the text of the Gospel as a totality.

In response to the article by Scofield, I consider the that, how, and why of ethics consultation, moral expertise, and the rules of the game. The question still to be engaged is, how does all of this work out for patients and families?

It is often stated that the German twentieth-century philosopher Martin Heidegger never wrote an ethics while undertaking his critique and deconstruction of the Western tradition of metaphysics. It is, therefore, difficult to know what manner of normative ethics, if any, is consistent with his “hermeneutic of Dasein” such as articulated in his Being and Time. However, in his “Letter on Humanism,” Heidegger refers to the tragedies of Sophocles as “preserving the ēthos” more originally, thus better, than does Aristotle’s ethics. Hence, (...) one may examine Sophocles’s tragedies guided by the hermeneutic Heidegger provides, especially through the concepts of authenticity and authentic selfhood. Doing so, it is argued here that Sophocles’s Philoctetes presents one such opportunity for moral understanding in the interplay of authenticity and inauthenticity, in particular through a study of the moral dilemma that Neoptolemus must resolve as he moves from a situation of inauthenticity to a display of authentic resolve. (shrink)

Tye argues that visual mental images have their contents encoded in topographically organized regions of the visual cortex, which support depictive representations; therefore, visual mental images rely at least in part on depictive representations. This argument, I contend, does not support its conclusion. I propose that we divide the problem about the depictive nature of mental imagery into two parts: one concerns the format of image representation and the other the conditions by virtue of which a representation becomes a depictive (...) representation. Regarding the first part of the question, I argue that there exists a topographic format in the brain but that does not imply that there exists a depictive format of image representation. My answer to the second part of the question is that one needs a content analysis of a certain sort of topographic representations in order to make sense of depictive mental representations, and a topographic representation becomes a depictive representation by virtue of its content rather than its form. (shrink)

This 1982 book is a history of the great age of scholastism from Abelard to the rejection of Aristotelianism in the Renaissance, combining the highest standards of medieval scholarship with a respect for the interests and insights of contemporary philosophers, particularly those working in the analytic tradition. The volume follows on chronologically from The Cambridge History of Later Greek and Early Medieval Philosophy, though it does not continue the histories of Greek and Islamic philosophy but concentrates on the Latin Christian (...) West. Unlike other histories of medieval philosophy that divide the subject matter by individual thinkers, it emphasises the parts of more historical and theological interest. This volume is organised by those topics in which recent philosophy has made the greatest progress. (shrink)

In Being and Event, Alain Badiou disconnects the infinite from the One and the Absolute, thus recasting the basis from which to craft a new theory of generic subject, the existence of which is demonstrated through set theory. In Logics of Worlds, Badiou turns his attention to the modes by which this subject appears in a world. It does so by being incorporated as a subjectivizable body, a body of truth. As opposed to Being and Event, the demonstration of this (...) argument takes shape according to two distinct levels, that of a “calculated phenomenology” and that of a formalism in which category theory provides a general logic, the combination of which delineates an “onto-logic”. In this essay, we trace Badiou’s derivation of the notion of body of truth and evaluate the innovative phenomenological methodology applied to explain its association with a world. (shrink)

One of the constants in Noam Chomsky’s philosophical, linguistic and ethical positions is the existence of what he calls “human nature”. Following Marx, Darwin and last century’s revolutions in the social sciences, human nature has been one of the most contested conceptual holdovers from modern European philosophy. Chomsky’s discoveries and models on syntax and language make up one of the frameworks to most critically offset the traditional moral dimension of human nature. Contrary to most traditions prior to his work, language (...) can no longer be restricted to either mind, soul or spirit. Language, as Chomsky has continually upheld and sharply refined, is a physical and biological process. But how his notion of human nature derives from this process is complex, as he seems to disregard philosophy’s classic analytic delineation between the descriptive causal realm of human nature and the normative axiological extensions of the same concept. In this paper, we seek to examine the philosophical and ontological implications of Chomsky’s claim that human nature derives from the innate dimension of the language faculty. Not only does Chomsky maintain the category of human nature, he also indexes it to the question of freedom. We thereby argue for the coherence of his proposal and show how it operates to weld the perspective of a modal theory of biologically-rooted creativity to innate conditions specific to his theory of language generation. However, we question whether its restriction to humans alone is sustainable from a scientific perspective by putting forth the claim that Chomsky’s science is in fact a radical ontology of social subjectivation. (shrink)

Psychological egoism is, I suppose, regarded by most philosophers as one of the more simple-minded fallacies in the history of philosophy, and dangerous and seductive too, contriving as it does to combine cynicism about human ideals and a vague sense of scientific method, both of which make the ordinary reader feel sophisticated, with conceptual confusion, which he cannot resist. For all of these reasons it springs eternal, in one form or another, in the breasts of first-year students, and offers excellent (...) material for their philosophy instructors, who like nothing better than an edifice of sturdy appearance but with rotten foundations on which to display their skill as demolition experts. (shrink)

Political philosophy concerns itself with thematic, systematic interrogation of political ideas, structures, institutions, and practices. As such it privileges the authority of reason. But, the vision of the literary imagination likewise can and does contribute to human understanding and to imagining our common future. Ursula K. LeGuin is a master teacher of ethical politics in her award-winning novel The Dispossessed. Therein, the protagonist Shevek is presented as an edifying exemplar of “permanent revolution” in a uniquely “thinking mind.” His quest for (...) solidarity of peoples is grounded on a possibility of authentic selfhood within his anarchist society. Considering the concept of authentic selfhood as discussed in philosopher Martin Heidegger’s Being and Time, Shevek’s character may be represented as an imaginary, yet “real,” example or profile of how authentic selfhood may be constituted. This is consistent with LeGuin’s intent in The Dispossessed. (shrink)