Court D. Lewis, author of Repentance and the Right to Forgiveness, presents a rights-based theory of ethics grounded in eirenéism, a needs-based theory of rights (inspired by Nicholas Wolterstorff) that seeks peaceful flourishing for all moral agents. This approach creates a moral relationship between victims and wrongdoers such that wrongdoers owe victims compensatory obligations. However, one further result is that wrongdoers may be owed forgiveness by victims. This leads to the “repugnant implication” that victims may be wrongdoers who (...) do not forgive. Author Lewis addresses the “repugnant implication” by showing that victims are obligated to work toward forgiveness, if not forgiveness itself. Critic Gregory L. Bock argues that victims are not the only ones who can forgive, that the personal dimensions of forgiveness are overlooked, and that the force of the “repugnancy implication” may be questioned. Instead of rights-based eirenéism, Bock supports a virtue ethics framework. Instead of rights-based eirenéism, Bock encourages virtue ethics. Critic David Boersema raises questions about the binding nature of relationships, the dependency of flourishing upon forgiveness, and the nature of needs or rights. Boersema also questions the wisdom of a rights-based approach to forgiveness. Critic Jennifer Kling asks whether a rights-based approach is necessary to ground obligations to meet the needs of others: why not an ethics of care? If a rights-based approach is taken, perhaps a wrongdoer is obligated to not make forgiveness a life good. By disengaging this obligation, we avoid constraining a victim’s work toward forgiveness, especially when the wrongdoing is oppressive. Author Lewis responds to these objections. (shrink)

This book develops a rights-based theory of justice that maintains that genuine repentance creates a right to be forgiven. Examining the nature of rights and theological conceptions of forgiveness, the author shows why such a right is nonrepugnant and produces the most just state of affairs for victims and wrongdoers.

This essay examines why some introductory ethics students are averse to any sort of moral requirement. It provides a series of descriptions and techniques to help teachers recognize, diagnose, and engage such students. After discussing the nature of student aversions to moral obligations, I discuss three causes and several ways to engage each: 1) Student Relativism; 2) student fears and misunderstandings of obligations; and 3) the phenomenon of what I call fetishized liberty, which leads to the “liberty paradox”—where students actively (...) fight for liberties, yet actively give up or fail to use the ones they currently have. (shrink)

This book provides a variety of diverse perspectives related to the ethics of anger, some more analytical in nature, others focused on practical issues, some in defense of anger, and others arguing against its necessity. This book is an essential resource for scholars who want to reflect critically on the place of anger in contemporary life.

In this introduction to a special section on the philosophy of Bat-Ami Bar On, guest editor Court Lewis introduces Jennifer Kling’s article on equitable resettlement of refugees, Wim Laven’s article on meaningful political citizenship, and his own work on the analysis of the violent threat of citizen culture-warriors.

In tribute to the philosophy of Bat-Ami Bar On, this article draws upon her Arendtian analysis of fascism to explore recent dynamics of ethnic nationalism in the US. Whereas Bar On analyzed the problem of citizen-soldiers, this study extends analysis toward the citizen culture-soldier, suggesting that recent dynamics in the US are suggestive of a Cultural Revolution that threatens the inclusive practice of citizenship required of democracy. Bar On’s work motivates philosophers to not be lulled into acceptance of anti-democratic practices (...) of citizenship. The values of respect, equality, and equity suggest that another form of citizenship should be practically pursued. (shrink)

Is it possible for the Modern State to function without violence? How is violence ingrained in national identities, and how do the borders that supposedly “protect” nations actually foster unconscious biases, the anger and hatred of “others,” and the racism and ethnocentrism of shootings, mass murders, and other atrocities? Eddy M. Souffrant and the contributing authors of A Future without Borders? provide insights into how to answer these and other questions.

Islam has come to be associated with hatred and terrorism, which has resulted in many thinking that Islam (and all Muslims) are fundamentally violent. Chaiwat Satha-Anand’s collection of revised essays featured in Nonviolence and Islamic Imperatives attempts to undermine such a narrative and reframe Islam in terms of peace and nonviolence. To achieve this goal, Satha-Anand argues that Islam’s core values require nonviolence and supports his argument by providing examples from the Prophet Muhammad and contemporary Muslims.

Focusing on what he considers “one of the most important and enduring expressions of twentieth-century political imagination and action and one ever more important in the struggles of the present century,” Howard Caygill’s On Resistance: A Philosophy of Defiance provides a thorough and challenging look into the concept of resistance. Recognizing that ‘resistance’ itself resists conceptualization, Caygill develops a clear means to understanding its nature, its usage in a variety of writings and situations over the past century and a half, (...) and a logic for how to sustain proactive resistance in the face of total domination or contemporary technologies. (shrink)

Dario Martinelli examines the nature of songs of social protest (SSPs) in Give Peace a Chant: Popular Music, Politics and Social Protest and provides readers with a book that is engaging, provoking, and enjoyable. Martinelli’s research is thorough, astute, and structured in a way that is both rigorous and accessible. Combining typology with several case studies, Martinelli achieves his stated goal of showing how context, song lyrics, and the music itself are organic and equally important elements that constitute SSPs.

Volume II of Vernon Press’s series on the Philosophy of Forgiveness offers several challenging and provocative chapters that seek to push the conversation in new directions and dimensions. Volume I, Explorations of Forgiveness: Personal, Relational, and Religious, began the task of creating a consistent multi-dimensional account of forgiveness, and Volume II’s New Dimensions of Forgiveness continues this goal by presenting a set of chapters that delve into several deep conceptual and metaphysical features of forgiveness. New Dimensions of Forgiveness creates a (...) theoretical framework for understanding the many nuanced features of forgiveness, namely, third-party forgiveness, forgiveness as an aesthetic process, the role of resentment in warranting forgiveness, the moral status of self-forgiveness, epistemic trust, forgiveness’s influence on the moral status of persons, forgiveness in time, the status of Substance and Subject within a Hegelian framework, Jacques Derrida’s “impossible” forgiveness, and the use of imaginative “magic” to become a maximal forgiver. Readers will be challenged to question and come to terms with many oft-overlooked, yet important philosophical dimensions of forgiveness. (shrink)

William Irwin gives readers a deeply moving and insightful work into human relationships, our connection to others, the nature of reality, the pursuit of flourishing, and human nature in general. Little Siddhartha centers on three generations of family and explores how they respond to the pressures of life, their place in the world, and the fractured relationships that result. Starting with the younger Siddhartha’s mantra of “Eat, drink, and be merry,” and ending with a concerted chant of “Om,” Irwin weaves (...) a tale that explores the spiritual recesses of human existence, calling on readers to understand, forgive, and most importantly, to listen. (shrink)

In this essay, I continue Nicholas Wolterstorff’s work of developing a rights-based theory of ethics called eirenéism, which maintains the good life only occurs when justice—as a moral state of affairs where agents enjoy the goods to which they have a right—is achieved. As a result, justice is eirenē (the Greek word for peace). In the process of developing eirenéism I explain how eirenē differs from other conceptions of peace, and I offer several interpretive arguments for how best to understand (...) eirenéism in relation to better-known competing ethical theories, like utilitarianism, virtue ethics, duty ethics, and care ethics. (shrink)

Righteous Indignation explores the philosophy of Christian anger—for example what anger is, what it means for God to be angry, and when anger is morally appropriate. The contributors examine several dimensions of the topic, including divine wrath, imprecatory psalms, and the proper place of anger in the life of Christians today.

Sara Trovato’s Mainstreaming Pacifism: Conflict, Success, and Ethics provides a thorough and engaging argument for why pacifism is an effectual means for creating social-political justice and peace. Standing up to claims that pacifists are politically passive and accepting of injustice, Trovato shows that the peace of pacifism is compatible with the fight for justice. By showing that pacifists can consistently retain their ideals while fighting for justice, Trovato offers an alternative to effective means of violence. In her words, “violence can (...) effectively be replaced with other effectual forms, or combinations of effectual forms.”. (shrink)

Kobade teaches that we must recognize all individuals as links in a familial/community chain from ancestors, to the present, and to future generations. With the recognition of kobade, individuals are then called to develop kwe—knowledge of one’s self that is theoretically anchored to and generated through one’s particular ancestral and lived experience. Kwe is a deep personal knowledge that is produced by combining the past with the present through everyday actions. It creates an attitude and process of engagement with the (...) world that responds to oppression by refusing domination of all kinds and generates new ways of engaging and living one’s grounded normativity. Grounded normativity is what stabilizes and motivates a life of meaning that participates in an embodied radical resurgence. (shrink)

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...) apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature. (shrink)

Legal epistemology has been an area of great philosophical growth since the turn of the century. But recently, a number of philosophers have argued the entire project is misguided, claiming that it relies on an illicit transposition of the norms of individual epistemology to the legal arena. This paper uses these objections as a foil to consider the foundations of legal epistemology, particularly as it applies to the criminal law. The aim is to clarify the fundamental commitments of legal epistemology (...) and suggest a way to vindicate it. (shrink)

Analyses of complex entities such as bureaucracies, courts, legislatures, and firms typically personify them. A strong conception of personification requires that these entities have rational interests, rational beliefs, and rational normative judgments. On one account of personification, such personified rationality should be aggregate rationality : the interests, beliefs, and normative judgments should depend only on the interests, beliefs, and judgments of the individuals who constitute the complex entity. I argue that aggregate rationality is too strong a normative requirement to impose (...) on courts and legislatures. Key Words: collective rationality • personification • adjudication • doctrinal paradox. (shrink)

In this Volume, published in1998, Fifteen scholars reveal the ways of preserving, conceiving and creating beauty were as diverse as the cultural influenced at work at the time, deriving from antique, medieval and more recent literature and philosophy, and from contemporary notions of morality and courtly behaviour. Approaches include discussion of contemporary critical terms and how these determined writers' appreciation of paintings, sculpture, architecture and costume; studies of the quest to create beauty in the work of artists such as Botticeli, (...) Leonardo, Raphael, Parmigianino and Vasari; and the investigation of changes functioning of the eye and brain, or to technical innovations like those found in Venetian glass. (shrink)

In his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try to (...) achieve the control of reason in law, which is manifest in law's coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Rhetoric of Philosophical Politics in Plato's Seventh LetterV. Bradley LewisThe name Syracuse has come to stand as an emblem of the problematic relationship between philosophy and politics. While the sources1 differ on specifics, we can be confident that Plato visited there at least three times between 387 and 362 B.C. On his first trip, during the reign of Dionysius I, he became acquainted with Dion, the tyrant's brother-in-law. (...) When the elder Dionysius died, Dion, a devotee of philosophy, apparently contrived for the old man's son, namesake, and successor to invite Plato back, believing that the young tyrant could be philosophically educated and convinced to lay down tyranny in favor of a new regime based on the rule of law. The plan was defeated, however, by a combination of Dionysius's dissolute life and opposition by Dion's enemies at court. Dion was exiled, and Plato returned to the Academy. Dion implored Plato to return to Syracuse on the basis of reports of Dionysius II's renewed resolution to take up philosophy and by the tyrant himself (who seems to have made some thinly veiled threats against the still-exiled Dion). Plato's second visit to Dionysius was no more successful than the first, however, and he considered himself fortunate to have escaped with his life. After a meeting at which Plato recounted the events of his final trip, Dion marshaled an expeditionary force, which included volunteers from the Academy, and set out to expel Dionysius II by violence. The effort succeeded, but the new regime was itself riven by faction, and Dion was assassinated in 353.2The principal legacy of this ill-starred episode is contained in the letters that have come down to us under the name of Plato, particularly those numbered seven and eight. Scholarly discussion of Plato's Seventh Letter has usually focused on three questions: the doctrinal content of the letter and its relationship to the doctrinal content of the dialogues; the character of the letter as an apologia for Plato's Syracusan activities; and the general authenticity of the letter. While the second of these questions focuses correctly [End Page 23] on the rhetorical character of the letter, it ignores the most obvious aspect, namely, the letter's explicit addressees: the friends and comrades of Dion, and their request for political advice. If we take this rhetorical element with sufficient seriousness, we will see that the content of the letter is fully consistent with the teachings of the political dialogues, a point that tells in favor of the authenticity of the letter. Specifically, a focus on the rhetorical character of the letter reveals that its content is determined mostly by what emerges as an effort by Plato to influence his correspondents by moderating their understandable desire for vengeance and thus to forestall further bloodshed and disorder in Syracuse. What is most important about the letter, then, is not so much its account of Plato's actions in Syracuse, but its unveiling of his intentions with respect to Dion's followers. It is not the philosophical-political blueprint, sketched vaguely in the Seventh Letter, that is most important,3 but the concrete effort to mitigate the passions of his correspondents. Read in this light, the letter becomes even more important, since it contradicts the popular image of Plato as a proponent of dangerous political utopianism and portrays a more subtle relationship between philosophy and politics.1. Dion's intentions, Plato's apologyTo the extent that the rhetoric of the letter has been treated, commentators have usually focused on Plato's (or whoever the author) defense of his own actions in Sicily.4 While there is certainly warrant for this approach, the most important fact about the letter concerns its intended audience, the "relatives and comrades of Dion."5 As Plato explains in the opening of the letter, these are the men who have sought not only his advice, but his cooperation in completing the political project halted by Dion's death at the hands of several of his other purported "allies."The most striking feature of the rhetorical structure is that, while the letter... (shrink)

What should we do about low conviction rates for sexual offences? Much of the discussion focuses on the problem of prosecution: i.e. too few accusations of sexual assault make their way to court. Here, I want to consider the problem from a different angle—namely, what should we do if prosecution rates rise, but conviction rates do not? After all, prosecutions are not an end in themselves. The problem is that too few people who are guilty of sexual assault are (...) being punished. So, what steps, if any, should be taken if conviction rates fail to rise along with prosecution rates? (shrink)

The United States Court of Appeals for the District of Columbia Circuit held that the district court did not have jurisdiction over the American Chiropractor's Association's federal question claims brought under the Medicare Act, despite affirming the ACA's prudential standing to pursue its claims. The Appeals Court reversed the lower court's decision allowing a doctor of medicine or osteopathy to perform manual manipulations of the spine on Medicare beneficiaries to correct a subluxation.The Medicare program “subsidizes medical (...) insurance for elderly and disabled persons.” An enrollee selects a physician or obtains medical services through a managed-care provider, such as a health maintenance organization. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Controversy Between Schelling and Jacobi LEWIS S. FORD SCHELLING, ALONGWITH FICHTE, has suffered the fate of being labelled one of tIegel's predecessors. Richard Kroner provides the classic expression of this viewpoint in his monumental study, Von Kant bis Hegel, which examines Schelling's thought primarily for its contribution to Hegel's final synthesis.I In English we have Josiah Royce's sympathetic and lively account of Schelling's early romantic exuberance, regarded (...) as a transitional stage in the development of German idealism. 2 But this emphasis on the early ScheUing has led to an unfortunate neglect of his work subsequent to the break with Hegel in 1807. Schelling's romanticism, so ably documented by E. D. Hirsch, Jr., 3 can only be regarded as one phase in the total sweep of his thought, for, after the break with Hegel, Schelling produced at least three major works: the essay •ber das Wesen der menschlichen Freiheit,4 wrestling with the problem of evil and human freedom, the fragmentary Weltalter, 5 which in scope and dialectical intricacy should be compared with Hegel's Logic, and the Philosophie der Mythologie und Offenbarung, 6 furnishing a fundamental critique of the whole dialectical enterprise. Save for the essay on human freedom, however, none of these works were published during his lifetinm, as Schelling withdrew from the public eye after his controversies with Hegel and Jacobi. Thus the publishing histories of Schelling and Hegel are exactly reverse. Schelling rushed into print his early speculative gropings, while Hegel suppressed his/making the Ph~nomenologic des Geistes his first major publication. Then while Hegel's Logic and Encyclopedia were being publicly acclaimed, Schelling remained silent. This accident of history is largely responsible for the illusion that Schelling is the older of the two x (Tiibingen: J. C. B. Mohr, 1921-24),2 vols. 2The Spirit of Modern Philosophy (Boston: Houghton Mifflin, 1892), Lecture VI, 164-189. Wordsworth and ScheUing, A Typological Study of Romanticism (New Haven: Yale University Press, 1960),Yale Studies in English, Vol. CXLV. 4Friedrich Wilhelm Joseph yon Sehelling, Philosophische Untersuchungen i~berdas Wesen der menschlichen Freyheit und die damit zusaramenhdngenden Gegenstdnde, 1809. Reprinted in the Sdmmtliche Werke, Erste Abtheilung, VII. Band (Stuttgart und Augsburg: J. G. Cotta, 1856), 331-416. English translation by James Gutmann: Of Human Freedom (Chicago: Open Court, 1936). 5Three fragmentary versions of the Weltalter have been published. The Urfassungen of 1811 and 1813were edited by Manfrcd SehrSter and published as a separate Naehlassband to the M~nchener Jubildumsausgabe of the collected works: Die Weltalter, Fragmente (Munich: Biederstein, Leibniz, 1946). A later version is published in S.W. I: 8, pp. 195-344,which has been translated by Frederick de Wolfe Bolman, Jr. : The Ages of the World (NewYork: Columbia University Press, 1942). 6Philosophie der Mythologie is published in S.W. II: 1-2; Philosophie der Offenbarung in S.W. II: 3-4. These essays were first collected and published by Herman Nohl in Hegels theologische Jugendschriften (Tiibingen: 1907).T. M. Knox translated them into English, with an introduction by Richard Kroner: GeorgWilhelm Friedrich Hegel, Early Theological Writings (Chicago: University of Chicago Press, 1948). [75] 76 HISTORY OF PHILOSOPHY thinkers (actually he was five years Hegel's junior), who retired from the philosophical scene after making his contribution to the Hegelian synthesis. Paul Tillich's doctoral dissertations s and Ernst Cassirer's studies in post-Kantian thought 9 made serious inroads on this conception, yet the iIInsion persisted. Their insistence on the importance of the later Schelling has been brilliantly sustained by two recent studies: Horst Fuhrmans's Schellings Philosophie der Weltalter1~and Walter Schulz's Die Vollendung des deutschen Idealismus in der Spdtphilosophie Schellings, ~ and we may hope that the conventional estimate of Schelling will be drastically revised. Fuhrmans has demonstrated that the split between the early and the later Schelling must be placed in the year 1806 when he came in contact with Franz yon Bander in Munich, who encouraged him to delve deeper into the theological and cosmological ramifications of Jacob Boehme's thought. TM The reorientation this caused is apparent in the essay on human freedom, published in 1809, but it was not fully exploited until the... (shrink)

Disturbances of consciousness, including fluctuations in attention and awareness, are a common and clinically important symptom in dementia with Lewy bodies. In the present study we investigate potential mechanisms of such disturbances of consciousness in a clinicopathological study evaluating specific components of the cholinergic system. [3H]Epibatidine binding to the high-affinity nicotinic receptor in the temporal cortex differentiated DLB cases with and without DOC, being 62–66% higher in those with DOC. The were no differences between DLB patients with or without DOC (...) in 125I-labeled α-bungaratoxin binding to the low-affinity nicotinic receptor, [3H]pirenzepine binding to the muscarinic M1 receptor, or in choline acetyltransferase activity. These findings provide support for the hypothesis that cholinergic activity is an important neural correlate if consciousness and suggest a mechanism of DOC in DLB involving alterations in the nicotinic receptor, composed of predominantly α4 and β2 subunits. (shrink)

Although medicolegal challenges to the use of neurologic criteria to declare death in the USA have been well-described, the management of court cases in the United Kingdom about objections to the use of neurologic criteria to declare death has not been explored in the bioethics or medical literature. This article (1) reviews conceptual, medical and legal differences between death by neurologic criteria (DNC) in the United Kingdom and the rest of the world to contextualize medicolegal challenges to DNC; (2) (...) summarizes highly publicized legal cases related to DNC in the United Kingdom, including the nuanced 2022 case of Archie Battersbee, who was transiently considered dead by neurologic criteria, but ultimately determined to be in a vegetative state/unresponsive-wakeful state; and (3) provides an overview of ethical issues raised by medicolegal challenges to DNC in the United Kingdom and a comparison to the management of these challenges in the USA. (shrink)

This is the fourth volume of a series entitled `Current Legal Issues' that are published each Summer as a sister volume to `Current Legal Problems'. The interaction of religious practice and the law raises a number of difficult and fascinating issues. What exactly do we mean by religious faith? To what extent are the Courts competent to pass judgement on disputes arising within religious organisations? Are some religious faiths more legitimate than others? Should the law grant special privileges to religious (...) believers? - for example exemption from provisions in human rights legislation which would otherwise restrict their activities. (shrink)

The High Court continues to exercise its inherent jurisdiction to make declarations about interventions into the lives of situationally vulnerable adults with mental capacity. In light of protective responses of health care providers and the courts to decision-making situations involving capacitous vulnerable adults, this paper has two aims. The first is diagnostic. The second is normative. The first aim is to identify the harms to a capacitous vulnerable adult’s autonomy that arise on the basis of the characterisation of situational (...) vulnerability and autonomy as fundamentally opposed concepts or the failure to adequately acknowledge the conceptual relationship between them at common law. The second part of this aim is to draw upon developments in analytic feminist philosophy to illustrate how standard approaches to autonomy are ill-equipped to capture the autonomy issues of capacitous vulnerable adults when their decisions regarding care and treatment are at stake. The second (normative) aim is to develop an account of self-authorised, intersubjective autonomy on the basis of analytic feminist insights into the relational practices of recognition. This account not only attempts to capture the autonomy of capacitous vulnerable adults and account for the necessary harms to their autonomy that arise from standard common law responses to their situational vulnerability, it is also predicated on the distinctions between mental capacity, the satisfaction of conditions for informed consent and the exercise of autonomy, meaning that it is better placed to fulfil the primary aim of the inherent jurisdiction – to facilitate the autonomy of vulnerable adults with capacity. (shrink)

Recently, there have been a number of lawsuits in the United States in which families objected to performance of apnoea testing for determination of brain death. The courts reached conflicting determinations in these cases. We discuss the medicolegal complications associated with apnoea testing that are highlighted by these cases and our position that the decision to perform apnoea testing should be made by clinicians, not families, judges, or juries.

According to the High Court in England and Wales, the primary purpose of legal interventions into the lives of vulnerable adults with mental capacity should be to allow the individuals concerned to regain their autonomy of decision making. However, recent cases of clinical decision making involving capacitous vulnerable adults have shown that, when it comes to medical law, medical ethics and clinical practice, vulnerability is typically conceived as opposed to autonomy. The first aim of this paper is to detail (...) the problems that arise when the courts and health care practitioners respond to the vulnerability of capacitous adults on the basis of such an opposition. It will be shown that not only does the common law approach to vulnerability fail to adequately capture the autonomy of capacitous vulnerable adults, the conception of vulnerability and autonomy in oppositional terms leads to objectionably paternalistic health care responses that undermine the autonomy of vulnerable patients as well as clinical and legal interventions that violate their autonomy. In response, the second aim of this paper is to show that the concepts of autonomy and vulnerability are necessarily entwined and, on that basis, the focus should be on promoting the autonomy of capacitous vulnerable adults where possible. In order to make this case, the paper explains the limitations of standard approaches to the autonomy of vulnerable adults and, in their place, offers a conception of legitimate, self-authorised autonomy that is fundamentally dependent on intersubjective practices of recognition. (shrink)

In 1968, the definition of death in the United States was expanded to include not just death by cardiopulmonary criteria, but also death by neurologic criteria. We explore the way the definition has been modified by the medical and legal communities over the past 50 years and address the medical, legal and ethical controversies associated with the definition at present, with a particular highlight on the Supreme Court of Nevada Case of Aden Hailu.

Philosophical Foundations of Precedent offers a broad, deep, and diverse range of philosophical investigations of the role of precedent in law, adjudication, and morality. The forty chapters present the work of a large and inclusive group of authors which comprises of well-established leaders in the discipline and new voices in legal philosophy. The magnitude of the resulting project is extraordinary, presenting a diverse array of innovative and creative philosophical investigations of the practice of adhering to past decisions, in law and (...) allied fields of practical reasoning. And by the same token, the contributions elucidate the reasons that courts and other decision-makers may have for departing from what has been done before. The phenomena under investigation include the law and practice of common law and civil jurisdictions around the world. In addition to its fundamental relevance to common law jurisdictions, this work will be of broad and significant interest to theoretically minded audiences in continental Europe, Latin America, and Asia because it involves an extensive study of practices of precedent in civil law systems as well as common law systems. (shrink)

Purpose The purpose of this article is to assess the operation of the UK’s Public Interest Disclosure Act 1998 (PIDA 1998) during its first 10 years and to consider its implications for the whistleblowing process. Method The article sets the legislation into context by discussing the common law background. It then gives detailed consideration to the statutory provisions and how they have been interpreted by the courts and tribunals. Results In assessing the impact of the legislation’s approach to whistleblowing both (...) in the UK and elsewhere, the author draws upon empirical research. Conclusion The author concludes that PIDA 1998 has not adequately protected whistleblowers and makes 12 recommendations for change. Despite the European Commission’s acknowledgement that whistleblowers can play a part in the fight against corruption, the author notes that common standards for their protection still seem a long way off. (shrink)

The purpose of this paper is to address the question of whethercomputer source code is speech protected by the First Amendmentto the United States Constitution or whether it is merelyfunctional, a ``machine'', designed to fulfill a set task andtherefore bereft of protection. The answer to this question is acomplex one. Unlike all other forms of ``speech'' computer sourcecode holds a unique place in the law: it can be copyrighted, likea book and it can be patented like a machine or process.Case (...) law, intellectual property law and encryption exportregulations all reflect this contradictory dichotomy. (shrink)

One of the main moral costs of stare decisis lies in the continuous possibility of entrenching morally deficient decisions in the law. Although legal systems usually make provision for dealing with morally deficient precedents, there are cases in which the legal obligation of later courts to follow one of these precedents is undefeated. This possibility affects the overall justification of stare decisis. One traditional answer to this problem consists in accepting this moral cost, on the belief that the benefits of (...) stare decisis outweigh it. On this view, when there is an undefeated legal obligation to follow a morally deficient precedent, the court must simply follow precedent. In this article, I question this approach and defend an alternative solution. I argue that, under some conditions, a court facing a morally deficient precedent should have the power to either follow the precedent or suspend its application to the parties by ordering a temporary stay of proceedings and referring the case to a higher court with power to overrule the precedent. This proposal entails exercising an equitable power recognised by the legal system, which I defend against three possible objections. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:George Engel’s Legacy for the Philosophy of Medicine and PsychiatryBradley Lewis (bio)KeywordsBiopsychosocial model, George Engel, pragmatism, philosophy of medicine, philosophy of psychiatryEach of the respondents to this paper raises critical and important concerns. I am grateful for the quality of their insights. David Brendel’s response, along with his recent book, Healing Psychiatry: Bridging the Science/Humanism Divide, resembles my efforts in several ways. Like Brendel, I too believe that (...) the American pragmatic philosophy can be helpful in healing the splits and divisions within psychiatry. And, like Brendel, I believe that psychiatry would benefit from what he calls the “four ps” of pragmatism. Where we differ with regard to George Engel and his biopsychosocial model seems to be less about philosophy and more about strategy. Brendel argues that Engel was too scientistic in his manifest reasoning to be considered a pragmatist. I agree with this description of Engel. But, strategically, we can go beyond Engel’s manifest reasoning to draw out the implications of Engel’s writings in a pragmatic fashion. I am not saying that Engel did this himself; I am only saying that it is very possible to reinterpret Engel along these lines.Brendel also argues that the biopsychosocial model itself needs improvement. But, just as it is possible to update Engel’s theoretical scaffold, we can also update Engel’s biopsychosocial model. Along the lines of Brendel’s concerns, we can easily revise the model so that we remember that not all problems need complex analysis and interventions. Some problems are relatively simple and can have a simple solution. We can also revise the model so we include questions of consumer participation and the provisional nature of the clinical encounter. I see nothing in the biopsychosocial model that contradicts either of these concerns. Yes, the biopsychosocial model needs to be updated, refurbished, expanded, and reimagined. That is my point in the paper.The traction of Brendel’s concerns is not can we reinterpret Engel? or can we refresh the biopsychosocial model?—of course we can. The traction of his concern seems to be “should we?” To this strategic question, Brendel’s answer is no and my answer is yes. I argue that it is a good idea to refresh and refurbish Engel and his biopsychosocial model because it helps to create a connection with an important tradition within both medicine and psychiatry: the tradition of balanced, broadminded, nuanced, patient-centered and anti-reductionistic [End Page 327] care. This tradition is important because medicine and psychiatry seem perpetually vulnerable to the temptations of reductionist approaches and to what Engel, and Nassir Ghaemi more recently, call “dogmatism” (Engel 1977, 130; Ghaemi, 2003, 301). Whether reductionism and dogmatism take the form of biopsychiatry, or psychoanalysis, or antipsychiatry, or cognitive-behavioral therapy, the problems of dogmatism are the same.I am sure Brendel would agree with this, which is why he raises pluralism to such a prominent position in his own reasoning. The difference is that Brendel believes we can better get to this kind of balanced clinical care by letting go of the past figures like Engel and moving into the bright light of the twenty-first century. Maybe so. But my thinking when I wrote the paper goes the other way around. For me, if clinical medicine and psychiatry more carefully tended to its history and tradition, it would be less likely to fall sway to the next Johnny-come-lately reductionistic model.Jeffery Spike’s memories of George Engel during the years they worked together at the University of Rochester School of Medicine provide a good sense of why Engel is an important figure to remember and to pay homage. As Spike puts it, Engel was not only a “legendary figure” with an “almost mythical diagnostic ability,” Engel “probably had more influence on the philosophy of medicine in the United States than any other person, physician, or philosopher.” Both of these accomplishments help to explain why Engel is worth remembering.Those of us in medicine and psychiatry all know mythical clinicians and teachers—the ones who seem like Michael Jordan used to seem on the basketball court, able to somehow make even... (shrink)

A general practice of precedent is one that can plausibly apply to any well-functioning legal system. This practice, which can be grounded in the Rule of Law, needs to make it the case that courts always have a legal reason for following relevant precedent – even if the precedent is morally suboptimal, so long as it is not evil. Without this reason, a precedent may be treated as having no legal influence for the later court (‘the Null Model’), and (...) this runs counter to the Rule of Law. On top of this reason, courts may have a general legal obligation to follow precedent – stare decisis – but this risks entrenching morally bad decisions in the law. We need, therefore, a type of reason that lies in between the Null Model and stare decisis as a necessary step for any future justification of stare decisis. But how can courts have a legal reason for following morally suboptimal precedent? They can have that reason, I argue, in virtue of a specific judicial duty, positively laid down in a legal source, which aims to advance the Rule of Law in an institutionalised way. In this article, I aim to explain and justify that judicial duty. (shrink)

The information contained in this teaching module and the accompanying PowerPoint slides is appropriate for use in a survey public health law course or seminar. The purpose of this lesson is two-fold. The first objective is to provide law students with an overview of the authority public health agencies have to set and enforce policies necessary to keep the population healthy. The second objective is to inform law students about the legal constraints courts have placed upon the actions of those (...) agencies. The module ends with a project designed to give law students the opportunity to apply the law to a “real world” situation. (shrink)

Shifts in the national cultural identity of the US have been reflected in shifts in the US’ dominant constitutional narratives. For the United States, “inter-legality” has been less a matter of dealing with alternative non-state legal narratives than of contending with constantly arising and competing narratives about the “correct” nature of the “official” legal order of the state. The US Supreme Court has claimed to have the “last word” in resolving these arguments but because that Court is so (...) often sharply divided and because the Court membership and the nature of its “last words” changes so often, where a significant element of the society seeks to advance its ideas and interests, it will often do so in legal and constitutional terms. As the national culture undergoes changes, a competing constitutional narrative may gain ground and even ultimately prevail, at least for a time, and achieve Supreme Court “endorsement” for its claims. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Rhetoric of Philosophical Politics in Plato's Seventh LetterV. Bradley LewisThe name Syracuse has come to stand as an emblem of the problematic relationship between philosophy and politics. While the sources1 differ on specifics, we can be confident that Plato visited there at least three times between 387 and 362 B.C. On his first trip, during the reign of Dionysius I, he became acquainted with Dion, the tyrant's brother-in-law. (...) When the elder Dionysius died, Dion, a devotee of philosophy, apparently contrived for the old man's son, namesake, and successor to invite Plato back, believing that the young tyrant could be philosophically educated and convinced to lay down tyranny in favor of a new regime based on the rule of law. The plan was defeated, however, by a combination of Dionysius's dissolute life and opposition by Dion's enemies at court. Dion was exiled, and Plato returned to the Academy. Dion implored Plato to return to Syracuse on the basis of reports of Dionysius II's renewed resolution to take up philosophy and by the tyrant himself (who seems to have made some thinly veiled threats against the still-exiled Dion). Plato's second visit to Dionysius was no more successful than the first, however, and he considered himself fortunate to have escaped with his life. After a meeting at which Plato recounted the events of his final trip, Dion marshaled an expeditionary force, which included volunteers from the Academy, and set out to expel Dionysius II by violence. The effort succeeded, but the new regime was itself riven by faction, and Dion was assassinated in 353.2The principal legacy of this ill-starred episode is contained in the letters that have come down to us under the name of Plato, particularly those numbered seven and eight. Scholarly discussion of Plato's Seventh Letter has usually focused on three questions: the doctrinal content of the letter and its relationship to the doctrinal content of the dialogues; the character of the letter as an apologia for Plato's Syracusan activities; and the general authenticity of the letter. While the second of these questions focuses correctly [End Page 23] on the rhetorical character of the letter, it ignores the most obvious aspect, namely, the letter's explicit addressees: the friends and comrades of Dion, and their request for political advice. If we take this rhetorical element with sufficient seriousness, we will see that the content of the letter is fully consistent with the teachings of the political dialogues, a point that tells in favor of the authenticity of the letter. Specifically, a focus on the rhetorical character of the letter reveals that its content is determined mostly by what emerges as an effort by Plato to influence his correspondents by moderating their understandable desire for vengeance and thus to forestall further bloodshed and disorder in Syracuse. What is most important about the letter, then, is not so much its account of Plato's actions in Syracuse, but its unveiling of his intentions with respect to Dion's followers. It is not the philosophical-political blueprint, sketched vaguely in the Seventh Letter, that is most important,3 but the concrete effort to mitigate the passions of his correspondents. Read in this light, the letter becomes even more important, since it contradicts the popular image of Plato as a proponent of dangerous political utopianism and portrays a more subtle relationship between philosophy and politics.1. Dion's intentions, Plato's apologyTo the extent that the rhetoric of the letter has been treated, commentators have usually focused on Plato's (or whoever the author) defense of his own actions in Sicily.4 While there is certainly warrant for this approach, the most important fact about the letter concerns its intended audience, the "relatives and comrades of Dion."5 As Plato explains in the opening of the letter, these are the men who have sought not only his advice, but his cooperation in completing the political project halted by Dion's death at the hands of several of his other purported "allies."The most striking feature of the rhetorical structure is that, while the letter... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Rhetoric of Philosophical Politics in Plato's Seventh LetterV. Bradley LewisThe name Syracuse has come to stand as an emblem of the problematic relationship between philosophy and politics. While the sources1 differ on specifics, we can be confident that Plato visited there at least three times between 387 and 362 B.C. On his first trip, during the reign of Dionysius I, he became acquainted with Dion, the tyrant's brother-in-law. (...) When the elder Dionysius died, Dion, a devotee of philosophy, apparently contrived for the old man's son, namesake, and successor to invite Plato back, believing that the young tyrant could be philosophically educated and convinced to lay down tyranny in favor of a new regime based on the rule of law. The plan was defeated, however, by a combination of Dionysius's dissolute life and opposition by Dion's enemies at court. Dion was exiled, and Plato returned to the Academy. Dion implored Plato to return to Syracuse on the basis of reports of Dionysius II's renewed resolution to take up philosophy and by the tyrant himself (who seems to have made some thinly veiled threats against the still-exiled Dion). Plato's second visit to Dionysius was no more successful than the first, however, and he considered himself fortunate to have escaped with his life. After a meeting at which Plato recounted the events of his final trip, Dion marshaled an expeditionary force, which included volunteers from the Academy, and set out to expel Dionysius II by violence. The effort succeeded, but the new regime was itself riven by faction, and Dion was assassinated in 353.2The principal legacy of this ill-starred episode is contained in the letters that have come down to us under the name of Plato, particularly those numbered seven and eight. Scholarly discussion of Plato's Seventh Letter has usually focused on three questions: the doctrinal content of the letter and its relationship to the doctrinal content of the dialogues; the character of the letter as an apologia for Plato's Syracusan activities; and the general authenticity of the letter. While the second of these questions focuses correctly [End Page 23] on the rhetorical character of the letter, it ignores the most obvious aspect, namely, the letter's explicit addressees: the friends and comrades of Dion, and their request for political advice. If we take this rhetorical element with sufficient seriousness, we will see that the content of the letter is fully consistent with the teachings of the political dialogues, a point that tells in favor of the authenticity of the letter. Specifically, a focus on the rhetorical character of the letter reveals that its content is determined mostly by what emerges as an effort by Plato to influence his correspondents by moderating their understandable desire for vengeance and thus to forestall further bloodshed and disorder in Syracuse. What is most important about the letter, then, is not so much its account of Plato's actions in Syracuse, but its unveiling of his intentions with respect to Dion's followers. It is not the philosophical-political blueprint, sketched vaguely in the Seventh Letter, that is most important,3 but the concrete effort to mitigate the passions of his correspondents. Read in this light, the letter becomes even more important, since it contradicts the popular image of Plato as a proponent of dangerous political utopianism and portrays a more subtle relationship between philosophy and politics.1. Dion's intentions, Plato's apologyTo the extent that the rhetoric of the letter has been treated, commentators have usually focused on Plato's (or whoever the author) defense of his own actions in Sicily.4 While there is certainly warrant for this approach, the most important fact about the letter concerns its intended audience, the "relatives and comrades of Dion."5 As Plato explains in the opening of the letter, these are the men who have sought not only his advice, but his cooperation in completing the political project halted by Dion's death at the hands of several of his other purported "allies."The most striking feature of the rhetorical structure is that, while the letter... (shrink)

The United States Court of Appeals for the District of Columbia Circuit held that the district court did not have jurisdiction over the American Chiropractor's Association's federal question claims brought under the Medicare Act, despite affirming the ACA's prudential standing to pursue its claims. The Appeals Court reversed the lower court's decision allowing a doctor of medicine or osteopathy to perform manual manipulations of the spine on Medicare beneficiaries to correct a subluxation.The Medicare program “subsidizes medical (...) insurance for elderly and disabled persons.” An enrollee selects a physician or obtains medical services through a managed-care provider, such as a health maintenance organization. (shrink)

The interpretation of the US Constitution by the Supreme Court of the US has often focused on conflicts arising from intense differences over the meaning attached to symbols including armbands, flags and banners; statues of the Ten Commandments and other religious symbols; depictions involving indecent images; and the conflicting perceptions of, and reactions to, “dirty” words. The symbols involved in these conflicts are essentially condensation symbols, and divisions over these decisions reflect cultural rifts that manifest themselves in the profoundly (...) different ways large groups of US citizens perceive images and words that evoke powerful emotional response. The Court has utilized a variety of doctrinal devices while engaging in the process of constitutional interpretation as it has struggled with these controversies in the context shaped by the broader culture that informs and constrains this process and by the elements within it that constantly struggle for validation. But the efficacy of its efforts remains questionable. (shrink)

The destruction of cultural heritage in war is currently attracting considerable attention. ISIS’s campaign of deliberate destruction across the Middle East was met with widespread horror and calls for some kind of international response. The United States attracted criticism for both its accidental damaging of Ancient Babylon in 2015 and its failure to protect the Mosul Museum from looters in 2003. In 2016, the International Criminal Court prosecuted its first case of the destruction of heritage as a war crime. (...) While the destruction of heritage is widely condemned, there has also been condemnation of calls to mobilize our resources for the sake of heritage protection when human beings face threats to life and limb. Such issues are both philosophically rich and personally significant to a wide range of people. And yet they have been largely neglected by academic philosophers. This book makes a substantial contribution to developing this new philosophical territory. The contributors are a mixture of internationally recognized authorities in their fields and early-career researchers working in this area. Their eleven original essays investigate a variety of philosophical and ethical issues arising from the phenomenon of heritage destruction in war, including conflicts between protecting heritage and protecting people, how we ought to respond to heritage that is damaged in war, the nature of the harm caused by such damage, and the morally appropriate treatment of sites of war and conflict that have themselves become heritage sites. (shrink)