In China creativity is construed as an ethico‐aesthetic practice in which signifying acts of self‐presentation (yi) are evaluated as to their efficacy in fostering harmonious relations of social exchange within specific historical occasions. To say this is to call attention to the performative dimension of aesthetic creativity; to recognize, beyond its constative meaning, the force of an expressive act to produce effects that profoundly affect its recipients.

Death, like many social problems, has become medicalized. In response to this medicalization, physician-assisted suicide has emerged as one alternative among many at the end of life. And although the practice is currently legal in the states of Oregon and Washington, opponents still argue that PAS is unethical, is inconsistent with a physician's role, and cannot be effectively regulated. In comparison, Switzerland, like Oregon, permits PAS, but unlike Oregon, non-physicians and private organizations play a significant role in assisted death. Could (...) the Swiss model be the answer? The following essay explores the Swiss model of assisted suicide for its potential to enhance the regulation of PAS, reduce physician involvement, and perhaps demedicalize the way we die. (shrink)

The legalization of physician-assisted suicide remains a hotly debated issue throughout the United States, and continues to capture the attention of government officials at both the state and federal levels. While the practice is currently legal in Oregon, some federal lawmakers and officials from the U.S. Department of Justice have attempted to outlaw that state's practice through legislation, or through a strained interpretation of the federal Controlled Substances Act. And while several citizen groups throughout the United States have attempted but (...) failed to legalize PAS through popular initiative, several state lawmakers have succeeded in specifically outlawing the practice. Yet even though physician-assisted suicide remains unlawful in every state except Oregon, there is ample evidence that American physicians throughout the United States have participated in PAS by providing their terminally ill patients with lethal prescriptions. (shrink)

The experience of having to suffer debilitating pain is far too common in the United States, and many patients continue to be inadequately treated by their doctors. Although many physicians freely admit that their pain management practices may have been somewhat lacking, many more express concern that the prescribing of heightened levels of opioid analgesics may result in closer regulatory scrutiny, criminal investigation, or even criminal prosecution.Although several researchers have examined the regulatory environment and the threat of sanction or harm (...) it poses to physicians and patients, few have examined the likelihood of investigation or prosecution stemming from the aggressive use of opioids in physician-directed pain management. Accordingly, in an effort to assess whether the fear of prosecution is realistic and, if so, what factors contribute to its likelihood, we surveyed chief prosecutors in four states about their knowledge, opinions, and attitudes concerning opioids and the prosecution of physicians stemming from the treatment of patients who were either terminally ill or suffering from chronic noncancer pain. (shrink)

1 Introducing Monsieur Foucault Stephen J. Ball Michel Foucault is an enigma, a massively influential intellectual who steadfastly refused to align himself ...

Transnational corporations have become actors with significant political power and authority which should entail responsibility and liability, specifically direct liability for complicity in human rights violations. Holding TNCs liable for human rights violations is complicated by the discontinuity between the fragmented legal/political structure of the TNC and its integrated strategic reality and the international state system which privileges sovereignty and non-intervention over the protection of individual rights. However, the post-Westphalian transition—the emergence of multiple authorities, increasing ambiguity of borders and jurisdiction (...) and blurring of the line between the public and private spheres—should facilitate imposing direct responsibility on transnational firms. Mechanisms for imposing direct responsibility on TNCs are considered including voluntary agreements and international law. However, I conclude that a hybrid public-private regime which relies on non-hierarchical compliance mechanisms is likely to be both more effective and consistent with the structure of the emerging transnational order. (shrink)

This book is a comprehensive introduction to media ethics and an exploration of how it must change to adapt to today's media revolution. Using an ethical framework for the new 'mixed media' ethics – taking in the global, interactive media produced by both citizens and professionals – Stephen J. A. Ward discusses the ethical issues which occur in both mainstream and non-mainstream media, from newspapers and broadcast to social media users and bloggers. He re-defines traditional conceptions of journalistic truth-seeking, (...) objectivity and minimizing harm, and examines the responsible use of images in an image-saturated public sphere. He also draws the contours of a future media ethics for the 'new mainstream media' and puts forward cosmopolitan principles for a global media ethics. His book will be invaluable for all students of media and for others who are interested in media ethics. (shrink)

The legalization of physician-assisted suicide remains a hotly debated issue throughout the United States, and continues to capture the attention of government officials at both the state and federal levels. While the practice is currently legal in Oregon, some federal lawmakers and officials from the U.S. Department of Justice have attempted to outlaw that state's practice through legislation, or through a strained interpretation of the federal Controlled Substances Act. And while several citizen groups throughout the United States have attempted but (...) failed to legalize PAS through popular initiative, several state lawmakers have succeeded in specifically outlawing the practice. Yet even though physician-assisted suicide remains unlawful in every state except Oregon, there is ample evidence that American physicians throughout the United States have participated in PAS by providing their terminally ill patients with lethal prescriptions. (shrink)

Stephen Ward argues that present media practices are narrowly based within the borders of single country and thus unable to successfully inform the public about a globalized world. Presenting an ethical framework for work in multimedia, the author extends John Rawl’s theories of justice and the human good to redefine the aims for which journalism should strive and then applies this new foundation to issues such as the roles of patriotism and objectivity in journalism. An innovative argument that presents (...) a necessary corrective to contemporary media practices, Global Journalism Ethics is a theoretically rich study for journalists on the air, in print, and on the internet. (shrink)

Some skeptical theists use Wykstra’s CORNEA constraint to undercut Rowe-style inductive arguments from evil. Many critics of skeptical theism accept CORNEA, but argue that Rowe-style arguments meet its constraint. But Justin McBrayer argues that CORNEA is itself mistaken. It is, he claims, akin to “sensitivity” or “truth-tracking” constraints like those of Robert Nozick; but counterexamples show that inductive evidence is often insensitive. We here defend CORNEA against McBrayer’s chief counterexample. We first clarify CORNEA, distinguishing it from a deeper underlying principle (...) that we dub “CORE.” We then give both principles a probabilistic construal, and show how, on this construal, the counterexample fails. (shrink)

This essay responds to Hirstein, Sifferd and Fagan’s book, Responsible Brains, which claims that executive function is the guiding mechanism that supports both responsible agency and the necessity for some excuses. In contrast, I suggest that executive function is not the universal acid and the neuroscience at present contributes almost nothing to the necessary psychological level of explanation and analysis. To the extent neuroscience can be useful, it is virtually entirely dependent on well-validated psychology to correlate with the neuroscientific variables (...) under investigation. The essay considers what executive function is and what the neuroscience adds to our understanding of it. Then it addresses moral and legal responsibility generally, and specific doctrines. Executive function is seldom found to be the most perspicuous approach to any of the general or specific moral and legal questions. (shrink)

This article considers whether psychopaths should be held criminally responsible. After describing the positive law of criminal responsibility in general and as it applies to psychopaths, it suggests that psychopaths lack moral rationality and that severe psychopaths should be excused from crimes that violate the moral rights of others. Alternative forms of social control for dangerous psychopaths, such as involuntary civil commitment, are considered, and the potential legal implications of future scientific understanding of psychopathy are addressed.

Are predictions about how one will freely and intentionally behave in the future ever relevant to how one ought to behave? There is good reason to think they are. As imperfect agents, we have responsibilities of self-management, which seem to require that we take account of the predictable ways we're liable to go wrong. I defend this conclusion against certain objections to the effect that incorporating predictions concerning one's voluntary conduct into one's practical reasoning amounts to evading responsibility for that (...) conduct. There is, however, some truth to this sort of objection. To understand the legitimate role of self-prediction in practical reasoning, we need to distinguish instances of coping responsibly with an anticipated failure to behave as one ought, on the one hand, from mere acquiescence in one's flaws, on the other. I argue that, to draw this distinction, we must recognize certain limits on the use of self-prediction as a ground of choice. (shrink)

In this clearly written undergraduate textbook, Stephen Laumakis explains the origin and development of Buddhist ideas and concepts, focusing on the philosophical ideas and arguments presented and defended by selected thinkers and sutras from various traditions. He starts with a sketch of the Buddha and the Dharma, and highlights the origins of Buddhism in India. He then considers specific details of the Dharma with special attention to Buddhist metaphysics and epistemology, and examines the development of Buddhism in China, Japan, (...) and Tibet, concluding with the ideas of the Dalai Lama and Thich Nhat Hanh. In each chapter he includes explanations of key terms and teachings, excerpts from primary source materials, and presentations of the arguments for each position. His book will be an invaluable guide for all who are interested in this rich and vibrant philosophy. (shrink)

Foucault, Power, and Education invites internationally renowned scholar Stephen J. Ball to reflect on the importance and influence of Foucault on his work in educational policy.

According to a natural view of instrumental normativity, if you ought to do φ, and doing ψ is a necessary means for you to do φ, then you ought to do ψ. In “Instrumental Normativity: In Defense of the Transmission Principle,” Benjamin Kiesewetter defends this principle against certain actualist-inspired counterexamples. In this article I argue that Kiesewetter’s defense of the transmission principle fails. His arguments rely on certain principles—Joint Satisfiability and Reason Transmission—which we should not accept in the unqualified forms (...) needed to establish his conclusion. (shrink)

Graham and Maitzen think my CORNEA principle is in trouble because it entails “intolerable violations of closure under known entailment.” I argue that the trouble arises from current befuddlement about closure itself, and that a distinction drawn by Rudolph Carnap, suitably extended, shows how closure, when properly understood, works in tandem with CORNEA. CORNEA does not obey Closure because it shouldn’t: it applies to “dynamic” epistemic operators, whereas closure principles hold only for “static” ones. What the authors see as an (...) intolerable vice of CORNEA is actually a virtue, helping us see what closure principles should—and shouldn’t—themselves be about. (shrink)

In 1937, just as Dobzhansky published the book that later generations would laud as the foundation of the modern synthesis, the American Naturnlist published a symposium on "supraspecific variation in nature and in classification." Alfred C. Kinsey, who later became one of America's most controversial intellectuals for his study of basic behaviors in another sort of WASP,1 led off the symposium with a summary of his extensive work on a family of gall wasps, the Cynipidae. In his article, Kinsey strongly (...) advocated the central theme of the developing synthesis: Evolution at all scales, particularly macroevolution, could be explained by the genetic mechanisms observed in laboratories and local populations. He first complained that some geneticists and naturalists were still impeding a synthesis with their insistence upon causal separation of levels: "Just as some of the geneticists have insisted that the laboratory genetics may explain the nature and origin of Mendelian races, but not of natural species, so others indicate that the qualities of higher categories must be explained on bases other than those involved in species" (1937, p. 208). He then defended the central postulate. (shrink)

War metaphors are ubiquitous in discussions of everything from political campaigns to battles with cancer to wars against crime, drugs, poverty, and even salad. Why are warfare metaphors so common, and what are the potential benefits and costs to using them to frame important social and political issues? We address these questions in a detailed case study by reviewing the empirical literature on the subject and by advancing our own theoretical account of the structure and function of war metaphors in (...) public discourse. We argue that war metaphors are omnipresent because they draw on basic and widely shared schematic knowledge that efficiently structures our ability to reason and communicate about many different types of situations, and they reliably express an urgent, negatively valenced emotional tone that captures attention and motivates action. Nevertheless, we find that the meaning of war metaphors is intimately tied to the context in which they are used, which may result in either positive or negative outcomes, depending on the situation. Thus, blanket statements about whether or not a war frame is useful are misguided or overly constraining. Here we situate our case study results in relation to popular theories of metaphoric representation and processing and offer some guidelines for using a war framing effectively. This work helps illuminate the complex, dynamic, and nuanced functions of metaphor in cognition in general, and in public discourse in particular. (shrink)

This article provides an international perspective on how new media technologies are shifting the parameters of debates about journalism ethics. It argues that new, mixed media help create an ?open media ethics? and offers an exploration of how these developments encourage a transition from a closed professional ethics to an ethics that is the concern of all citizens. The relation between an open media ethics and the idea of a global fifth estate, facilitated by global online media, is explored. The (...) article concludes by providing suggestions for key normative conditions that could guide media ethics in this new media world. (shrink)

The current system of ethical oversight in the United States is based on Institutional Review Board (IRB) review. The system was established in response to well-known and egregious mistreatment of subjects in both biomedical and social and behavioral research. In the decades since the research regulations were enacted, reaction to the burden of IRB oversight has led the system to focus on compliance and limit its active oversight disproportionately to studies that could present the risk of physical harm. At the (...) same time, the characteristics of the research enterprise have changed and methodologies now present novel risks that were not envisioned in the regulations. We convened a group of IRB professionals, academic leaders, and others to discuss limitations of the current system, how that system could be changed to recognize evolving risks and an increasing focus on participant and community voice, and how it could better serve the needs of researchers and support the societal project of science as a public good. Recommendations included a call to reexamine the academic incentive structure, to develop a system to support consideration of ethical principles from the time of study design, and to explicitly provide different ethical support and oversight for high-risk interventional trials and lower risk biomedical and social behavioral research. (shrink)

Provides guiding principles and values for practising responsible global media ethics.

This article proposes 3 principles and 3 imperatives as the philosophical foundations of a global journalism ethics. The central claim is that the globalization of news media requires a radical rethinking of the principles and standards of journalism ethics, through the adoption of a cosmopolitan attitude. The article explains how and why ethicists should construct a global journalism ethics, using a contractualist approach. It then formulates 3 "claims" or principles: the claims of credibility, justifiable consequence, and humanity. The claim of (...) humanity is developed further by the formulation of 3 imperatives: to act as a global agent, to serve world citizens, and to enhance nonparochial understandings. The article concludes by considering some implications of a cosmopolitan attitude for the practice of journalism. (shrink)

This book develops an alternative approach to sentence- and word-meaning, which I dub the speech-act theoretic approach, or STA. Instead of employing the syntactic and semantic forms of modern logic–principally, quantification theory–to construct semantic theories, STA employs speech-act structures. The structures it employs are those postulated by a novel theory of speech-acts. STA develops a compositional semantics in which surface grammar is integrated with semantic interpretation in a way not allowed by standard quantification-based theories. It provides a pragmatic theory of (...) truth, a treatment of logically complex discourse as expressive cognitive states, and a background metaphysics in which the world is a totality of logically simple states of affairs. The book also puts forward an account of how intentional states provide the simple, representational foundation for a superstructure of speech-act structures–a system of thoughts–that far outruns the expressive power of the intentional foundation. In short, it provides an account of cognitive foundations of a language and a naturalistic reduction of semantics through an expressive theory of semantic norms. (shrink)

Does objectivity exist in the news media? In The Invention of Journalism Ethics, Stephen Ward argues that given the current emphasis on interpretation, analysis, and perspective, journalists and the public need a new theory of objectivity. He explores the varied ethical assertions of journalists over the past few centuries, focusing on the changing relationship between journalist and audience. This historical analysis leads to an innovative theory of pragmatic objectivity that enables journalists and the public to recognize and avoid biased (...) and unbalanced reporting. Ward convincingly demonstrates that journalistic objectivity is not a set of absolute standards but the same fallible but reasonable objectivity used for making decisions in other professions and public institutions. Considered a classic in the field since its first publication in 2004, this second edition includes new chapters that bring the book up to speed with journalism ethics in the twenty-first century by focusing on the growing dominance of online journalism and calling for a radical approach to journalism ethics reform. Ward also addresses important developments that have occurred in the last decade, including the emergence of digital journalism ethics and global journalism ethics. (shrink)

The experience of having to suffer debilitating pain is far too common in the United States, and many patients continue to be inadequately treated by their doctors. Although many physicians freely admit that their pain management practices may have been somewhat lacking, many more express concern that the prescribing of heightened levels of opioid analgesics may result in closer regulatory scrutiny, criminal investigation, or even criminal prosecution.Although several researchers have examined the regulatory environment and the threat of sanction or harm (...) it poses to physicians and patients, few have examined the likelihood of investigation or prosecution stemming from the aggressive use of opioids in physician-directed pain management. Accordingly, in an effort to assess whether the fear of prosecution is realistic and, if so, what factors contribute to its likelihood, we surveyed chief prosecutors in four states about their knowledge, opinions, and attitudes concerning opioids and the prosecution of physicians stemming from the treatment of patients who were either terminally ill or suffering from chronic noncancer pain. (shrink)

This chapter provide an introductory portrait of global media ethics as an evolving discipline in broad strokes—its motivating questions, its distinct concerns and methods, how the discipline is related to other forms of ethics, and why we need a global media ethics. Since our global world is linked by many forms of media, the chapter argues that we need an accompanying global media ethics that challenges the use of media to promote racism, xenophobia, extreme nationalism, and the denial of human (...) rights. The chapter explores the types of research and writing that comprise global media ethics and concludes with an outline of how a global media ethics can be realized in practice. (shrink)

Kant on Self-respect. SJ MASSEY Journal of the History of Philosophy La Jolla, Cal. 21:11, 57-73, 1983. L'A. veut montrer que selon Kant, toute immoralitcopyright est marque de manque de respect de soi.

How, if at all, does one's intention to realize an end bear on the justification for taking the means to that end? Theories that allow that intending an end directly provides a reason to take the means are subject to a well-known "bootstrapping" objection. On the other hand, "anti-psychologistic" accounts—which seek to derive instrumental reasons directly from the reasons that support adopting the end itself—have unacceptable implications where an agent faces multiple rationally permissible options. An alternative, predictive, role for intention (...) in means-end reasoning is considered and rejected. A new proposal is then developed, according to which instrumental reasons are not merely reasons to perform an act necessary for a given end, but to perform the act for the sake of that end. (shrink)