The legal consensus that has evolved through adjudication and legislation since the Karen Quinlan case in 1976 is founded on the premise that there is a bright line between passive euthanasia and active euthanasia. Indeed, the term passive euthanasia is often eschewed in favor of less emotionally-laden terminology such as "forgoing life-sustaining treatment" or "terminating life support" so as to further sever any possible connection with active euthanasia. Legal approval has been bestowed upon passive euthanasia under certain circumstances while active (...) euthanasia is routinely condemned. This consensus was put to a test in 1990 when the United States Supreme Court ruled on the Cruzan case. However, the Court's narrow decision did not upset the consensus, and in the most significant appellate decisions handed down by state courts since Cruzan, there has been a reaffirmation-and possibly even an extension-of the consensus. Two other threats to the legal consensus about forgoing life-sustaining treatment have begun to manifest themselves: the increasing pressure for mercy killing and "futility" cases. Both of these challenge the fundamental premises on which the consensus is grounded. (shrink)

A letter from Alan Meisel on "The Evolution of Consent Forms for Research: A Quarter Century of Changes," by Ilene Albala, Margaret Doyle, and Paul S. Appelbaum.

The article examines the legal status of living wills and health care proxies in Germany, the United States and Japan. The investigation begins with the question of what protection these three legal orders provide for the right to self-determination. Whereas in Germany and the United States, legislation and legal practice take the theory of informed consent very seriously, the doctor-patient relationship in Japan is much less oriented toward the idea of patient autonomy. This basic attitude is reflected in the legal (...) disposition given advance directives. In the USA, most of the individual states have legislation on the living will and health care proxies. In Germany, the judiciary and scholarly literature at least carefully affirm that they are legally binding. In Japan, at least currently, there is nothing at all similar to this approach. The authors then conduct a micro-legal comparison of cases of first impression decided in the USA and Germany and emphasize the amazing similarity of the judicial decisions in two cases . Finally, the question is raised for German law of whether, and in what form, further legislative development of the judicially established right to die appears reasonable. Der vorliegende Beitrag untersucht den rechtlichen Stellenwert von living wills und health care proxies in Deutschland, in den USA und in Japan. Ausgangspunkt der Untersuchung ist die Frage, welchen Schutz das Selbstbestimmungsrecht in den erwähnten Rechtsordnungen genießt. Während in Deutschland und in den USA Gesetzgebung und Rechtspraxis die Theorie vom informed consent sehr ernst nehmen, ist das Arzt-Patienten-Verhältnis in Japan weit weniger vom Gedanken der Autonomie des Patienten bestimmt. Diese Basiswertung schlägt auch im Bereich der rechtlichen Beurteilung von advance directives durch. In den USA sind living will und health care proxy in den meisten Einzelstaaten gesetzlich geregelt, in Deutschland wird ihre rechtliche Verbindlichkeit von Judikatur und Literatur zumindest vorsichtig bejaht. In Japan fehlen - zumindest derzeit - entsprechende Ansätze noch gänzlich.Die Verfasser stellen sodann einen Mikrorechtsvergleich zwischen den in den USA und in Deutschland entschiedenen cases of first impression an und betonen den erstaunlichen Gleichklang der rechtlichen Beurteilung dieser beiden Fälle .Schließlich wird für deutsches Recht die Frage gestellt, ob - und in welcher Form - eine legislative Weiterentwicklung des judiziell bereits etablierten right to die angemessen erschiene. (shrink)

Mrs. F, seventy‐five, was diagnosed with Alzheimer's. She and her spouse often discussed how to handle the progression of the disease. She was adamant about not coming to the point where she would be unable to recognize herself, her husband, or their son and daughter. The manner she chose was voluntarily stopping eating and drinking (VSED), and she chose a specific date on which to carry out her plan. She asked her husband to promise, should she ever waver and request (...) nutrition or hydration, to remind her of the reasons she had chosen for pursuing this path.Mrs. F's ability to function was beginning to wax and wane. Sometimes she was her old self, and sometimes she had no recollection of her past identity. After she voluntarily stopped eating and drinking, the couple's promise created a dilemma for her professional caregivers. She asked for food and drink. Her husband and family reminded her of the reasons she had chosen VSED: “Remember, you didn't want to live in a nursing home, and you didn't want us to be responsible for caring for you at home. You believe that stopping eating and drinking will allow you to die with dignity.” Although they also asked Mrs. F, “What do you want to do?” the family asked the professional caregivers to respect her original choice to stop eating and drinking. Mrs. F still evidenced decision‐making capacity but often did not recall having chosen VSED. She again requested food and drink, from family and the professional caregivers.Can VSED be carried out for a patient whose advanced dementia makes disciplined voluntary action difficult? (shrink)

This paper describes the first three-year experience of the Consortium Ethics Program (CEP-1) of the University of Pittsburgh Center for Medical Ethics, and also outlines plans for the second three-year phase (CEP-2) of this experiment in continuing ethics education. In existence since 1990, the CEP has the primary goal of creating a cost-effective, permanent ethics resource network, by utilizing the educational resources of a university bioethics center and the practical expertise of a regional hospital council. The CEP's conception and specific (...) components stem from recognition of the need to make each hospital a major focus of educational efforts, and to provide academic support for the in-house activities of the representatives from each institution. (shrink)

This essay sets out from the strain of liberal political thought which, in recent years, has come to the defence of nationalism, and raises some preliminary thoughts concerning its appropriate application to the very concrete issue of national territorial rights. It asks what type of justifications could be morally acceptable to “liberal nationalism” for the acquisition and holding of territory. To this end, the paper takes a brief look at five central arguments for territorial entitlement which have become predominant in (...) political debates. These are: so called “historical rights” to territory; demands for territorial restitution; efficiency arguments; claims of entitlement to territories settled by co‐nationals; and lastly, territorial demands based on claims of equal entitlement to the earth's natural resources. These popular arguments point towards several potential criteria for the arbitration of territorial conflicts. The paper attempts to outline the morally relevant guidelines for thinking about territorial issues that flow from, or are at least consistent with, applying liberal values to the national phenomenon. It places the territorial aspect of nationalism at the head of the liberal nationalist agenda and offers an initial common ground for discussion among liberals, and for the mediation of claims between nations. (shrink)

The founder of modern linguistics, Ferdinand de Saussure inaugurated semiology, structuralism, and deconstruction and made possible the work of Jacques Derrida, Roland Barthes, Michel Foucault, and Jacques Lacan, thus enabling the development of French feminism, gender studies, New Historicism, and postcolonialism. Based on Saussure's lectures, _Course in General Linguistics_ traces the rise and fall of the historical linguistics in which Saussure was trained, the synchronic or structural linguistics with which he replaced it, and the new look of diachronic linguistics that (...) followed this change. Most important, Saussure presents the principles of a new linguistic science that includes the invention of semiology, or the theory of the "signifier," the "signified," and the "sign" that they combine to produce. This is the first critical edition of _Course in General Linguistics_ to appear in English and restores Wade Baskin's original translation of 1959, in which the terms "signifier" and "signified" are introduced into English in this precise way. Baskin renders Saussure clearly and accessibly, allowing readers to experience his shift of the theory of reference from mimesis to performance and his expansion of poetics to include all media, including the life sciences and environmentalism. An introduction situates Saussure within the history of ideas and describes the history of scholarship that made _Course in General Linguistics_ legendary. New endnotes enlarge Saussure's contexts to include literary criticism, cultural studies, and philosophy. (shrink)

_Humanizing Education_ offers historic examples of humanizing educational spaces, practices, and movements that embody a spirit of hope and change. From Dayton, Ohio, to Barcelona, Spain, this collection of essays from the _Harvard Educational Review_ carries readers to places where people have first imagined—and then organized—their own educational responses to dehumanizing practices and conditions. Contributors include Montse Sánchez Aroca, William Ayers, Kathy Boudin, Fernando Cardenal, Jeffrey M. R. Duncan-Andrade, Marco Garrido, Jay Gillen, Maxine Greene, Kathe Jervis, Nancy Uhlar Murray, Valerie (...) Miller, Wendy Ormiston, Ana Y. Ramos-Zayas, Vanessa Siddle Walker, Arthur E. Thomas, and Travis Wright. (shrink)

In this new edition of his acclaimed autobiography — long out of print and rare until now — Alan Watts tracks his spiritual and philosophical evolution from a child of religious conservatives in rural England to a freewheeling spiritual teacher who challenged Westerners to defy convention and think for themselves. From early in this intellectual life, Watts shows himself to be a philosophical renegade and wide-ranging autodidact who came to Buddhism through the teachings of Christmas Humphreys and D. T. (...) Suzuki. Told in a nonlinear style, In My Own Way wonderfully combines Watts’ own brand of unconventional philosophy and often hilarious accounts of gurus, celebrities, psychedelic drug experiences, and wry observations of Western culture. A charming foreword written by Watts’ father sets the tone of this warm, funny, and beautifully written story of a compelling figure who encouraged readers to “follow your own weird” — something he always did himself, as his remarkable account of his life shows. (shrink)

Evolutionary developmental biology (Evo-devo) is a loose conglomeration of research programs in the life sciences with two main axes: (a) the evolution of development, or inquiry into the pattern and processes of how ontogeny varies and changes over time; and, (b) the developmental basis of evolution, or inquiry into the causal impact of ontogenetic processes on evolutionary trajectories—both in terms of constraint and facilitation. Philosophical issues are found along both axes surrounding concepts such as evolvability, novelty, and modularity. The developmental (...) basis of evolution has garnered much attention because it speaks to the possibility of revising a standard construal of evolutionary theory, but the evolution of development harbors its own conceptual questions. This article addresses the heterogeneity of Evo-devo’s conglomerate structure (including disagreements over its individuation), as well as the concepts and controversies of philosophical interest pertaining to the evolution of development and the developmental basis of evolution. Future research will benefit from a shift away from global theorizing toward the scientific practices of Evo-devo. (shrink)

Co-published with the University of Queensland Press. HPC holds rights in North America and U. S. Dependencies. Since its first publication in 1976, Alan Chalmers's highly regarded and widely read work--translated into eighteen languages--has become a classic introduction to the scientific method, known for its accessibility to beginners and its value as a resource for advanced students and scholars. In addition to overall improvements and updates inspired by Chalmers's experience as a teacher, comments from his readers, and recent developments (...) in the field, this fourth edition features an extensive chapter-long postscript that draws on his research into the history of atomism to illustrate important themes in the philosophy of science. Identifying the qualitative difference between knowledge of atoms as it figures in contemporary science and metaphysical speculations about atoms common in philosophy since the time of Democritus offers a revealing and instructive way to address the question at the heart of this groundbreaking work: What is this thing called science? (shrink)

White searches for the subtler side of Nietzsche beyond his ambiguous support for violence and oppression. He looks at the `yes saying teachings' articulated with the `voice of beauty'.

Since its first publication in 1976, Alan Chalmers's highly regarded and widely read work--translated into eighteen languages--has become a classic introduction to the scientific method, known for its accessibility to beginners and its value as a resource for advanced students and scholars. -- Amazon.com.

Including significant passages from The Prince, The Discourses, The Art of War and History of Florence, this illuminating book explores the influence of Machiavelli, who was often reviled as a teacher of evil, on the modern state.

This compilation offers a unique synthesis of the traditional branches of Eastern thought by drawing upon their historical connections and common foundations in mystical experience.

The conduct of hostilities is very bad for the environment, yet relatively little attention has been focused on environmental military ethics by just war theorists and revisionist philosophers of war. Contemporary ecological concerns pose significant challenges to jus in bello. I begin by briefly surveying existing literature on environmental justice during wartime. While these jus in bello environmental issues have been addressed only sparsely by just war theorists, environmental jus ad bellum has rarely been tackled within JWT or the morality (...) of war. In line with the theme of this special issue, I focus my discussion of war and the natural environment primarily on the jus ad bellum level. I set out with the presumption against the use of force, and its possible exceptions. The principal question raised is whether environmental harm can trigger a new justification for war. Beyond just cause, I consider what might be a proportionate response to “environmental aggression,” or negligent harm to nature. The use of force is clearly justified in response to military attacks, against the natural environment or otherwise. Where harm to nature or its inhabitants are not caused by military aggression, just war theory criteria point in favor of responding via measures short of war. Finally, I suggest that responding by means that are not themselves harmful to nature serves to fulfill the further jus ad bellum criterion of “right intention.”. (shrink)

“Life exists only at this very moment, and in this moment it is infinite and eternal. For the present moment is infinitely small; before we can measure it, it has gone, and yet it exists forever…. You may believe yourself out of harmony with life and its eternal Now; but you cannot be, for you are life and exist Now.”–from Become What You Are In this collection of writings, including nine new chapters never before available in book form, Watts displays (...) the intelligence, playfulness of thought, and simplicity of language that has made him so perennially popular as an interpreter of Eastern thought for Westerners. He draws on a variety of religious traditions, and covers topics such as the challenge of seeing one’s life “just as it is,” the Taoist approach to harmonious living, the limits of language in the face of ineffable spiritual truth, and the psychological symbolism of Christian thought. (shrink)

Tamar Meisels responds to the preceding article.

Sex chromosomes can differ between species as a result of evolutionary turnover, a process that can be driven by evolution of the sex determination pathway. Canonical models of sex chromosome turnover hypothesize that a new master sex determining gene causes an autosome to become a sex chromosome or an XY chromosome pair to switch to a ZW pair (or vice versa). Here, a novel paradigm for the evolution of sex determination and sex chromosomes is presented, in which there is an (...) evolutionary transition in the master sex determiner, but the X chromosome remains unchanged. There are three documented examples of the novel paradigm, and it is hypothesized that a similar process could happen in a ZW sex chromosome system. Three other taxa are also identified where the novel paradigm may have occurred, and how it could be distinguished from canonical trajectories in these and additional taxa is also described. (shrink)

This essay sets out from the strain of liberal political thought which, in recent years, has come to the defence of nationalism, and raises some preliminary thoughts concerning its appropriate application to the very concrete issue of national territorial rights. It asks what type of justifications could be morally acceptable to “liberal nationalism” for the acquisition and holding of territory. To this end, the paper takes a brief look at five central arguments for territorial entitlement which have become predominant in (...) political debates. These are: so called “historical rights” to territory; demands for territorial restitution; efficiency arguments; claims of entitlement to territories settled by co‐nationals; and lastly, territorial demands based on claims of equal entitlement to the earth's natural resources. These popular arguments point towards several potential criteria for the arbitration of territorial conflicts. The paper attempts to outline the morally relevant guidelines for thinking about territorial issues that flow from, or are at least consistent with, applying liberal values to the national phenomenon. It places the territorial aspect of nationalism at the head of the liberal nationalist agenda and offers an initial common ground for discussion (including disagreement) among liberals, and for the mediation of claims between nations. (shrink)

An explanation is given of why it is in the nature of inquiry into whether or not p that its aim is fully achieved only if one comes to know that p or to know that not-p and, further, comes to know how one knows, either way. In the absence of the latter one is in no position to take the inquiry to be successfully completed or to vouch for the truth of the matter in hand. An upshot is that (...) although knowledge matters because truth matters this should not be understood to mean that knowledge matters because true belief matters. (shrink)

Liberal defences of nationalism have become prevalent since the mid-1980 s. Curiously, they have largely neglected the fact that nationalism is primarily about land. Should liberals throw up their hands in despair when confronting conflicting claims stemming from incommensurable national narratives and holy texts? Should they dismiss conflicting demands that stem solely from particular cultures, religions and mythologies in favour of a supposedly neutral set of guidelines? Does history matter? Should ancient injustices interest us today? Should we care who reached (...) the territory first and who were its prior inhabitants? Should principles of utility play a part in resolving territorial disputes? Was John Locke right to argue that the utilisation of land counts in favour of its acquisition? And should Western style settlement projects work in favour or against a nation s territorial demands? When and how should principles of equality and equal distribution come into play? Territorial Rights examines the generic types of territorial claims customarily put forward by national groups as justification for their territorial demands, within the framework of what has come to be known as liberal nationalism . The final outcome is a multifarious theory on the ethics of territorial boundaries that supplies a workable set of guidelines for evaluating territorial disputes from a liberal-national perspective, and offers a common ground for discussion (including disagreement) and for the mediation of claims. (shrink)

In order to come to your senses, Alan Watts often said, you sometimes need to go out of your mind. Perhaps more than any other teacher in the West, this celebrated author, former Anglican priest, and self-described spiritual entertainer was responsible for igniting the passion of countless wisdom seekers to the spiritual and philosophical delights of India, China, and Japan. With Out of Your Mind, you are invited to immerse yourself in six of this legendary thinker's most engaging teachings (...) on how to break through the limits of the rational mind and expand your awareness and appreciation for the great game unfolding all around us. Distilled from Alan Watts’s pinnacle lectures, Out of Your Mind brings you an inspiring new resource that captures the true scope of this brilliant teacher in action. For those both new and familiar with Watts, this book invites us to delve into his favorite pathways out of the trap of conventional awareness, including: • The art of the “controlled accident”—what happens when you stop taking your life so seriously and start enjoying it with complete sincerity • How we come to believe “the myth of myself”—that we are skin-encapsulated egos separate from the world around us—and how to transcend that illusion • Why we must fully embrace chaos and the void to find our deepest purpose • Unconventional and refreshing insights into the deeper principles of Buddhism, Hinduism, Western philosophy, Christianity, and much more. (shrink)

In his newly updated version of The Anatomy of a Constitutional Law Case, Alan F. Westin provides a documentary portrait of historically important constitutional law case, 'Youngstown Sheet & Tube Co. v. Sawyer, ' from its rise in a bargaining dispute in the steel industry during 1952 to the aftermath of its decision by the United States Supreme Court. Westin has added to his classic book additional materials and personal commentaries collected since the work was first published. The new (...) information covers what went on within the Truman administration, what went on within the Supreme Court when analyzing and resolving issues that come before it. Westin includes selections from transcripts, briefs and other official proceedings, adds notes describing each phase of the constitutional process, and a section of commentary and questions relating this case to others. (shrink)

In spite of a powerful tradition, more than two thousand years old, that in a valid argument the premises must be relevant to the conclusion, twentieth-century logicians neglected the concept of relevance until the publication of Volume I of this monumental work. Since that time relevance logic has achieved an important place in the field of philosophy: Volume II of Entailment brings to a conclusion a powerful and authoritative presentation of the subject by most of the top people working in (...) the area. Originally the aim of Volume II was simply to cover certain topics not treated in the first volume--quantification, for example--or to extend the coverage of certain topics, such as semantics. However, because of the technical progress that has occurred since the publication of the first volume, Volume II now includes other material. The book contains the work of Alasdair Urquhart, who has shown that the principal sentential systems of relevance logic are undecidable, and of Kit Fine, who has demonstrated that, although the first-order systems are incomplete with respect to the conjectured constant domain semantics, they are still complete with respect to a semantics based on "arbitrary objects." Also presented is important work by the other contributing authors, who are Daniel Cohen, Steven Giambrone, Dorothy L. Grover, Anil Gupta, Glen Helman, Errol P. Martin, Michael A. McRobbie, and Stuart Shapiro. Robert G. Wolf's bibliography of 3000 items is a valuable addition to the volume. (shrink)

Just war theory focuses primarily on bodily harm, such as killing, maiming, and torture, while other harms are often largely overlooked. At the same time, contemporary international conflicts increasingly involve the use of unarmed tactics, employing 'softer' alternatives or supplements to kinetic power that have not been sufficiently addressed by the ethics of war or international law. Soft war tactics include cyber-warfare and economic sanctions, media warfare, and propaganda, as well as non-violent resistance as it plays out in civil disobedience, (...) boycotts, and 'lawfare.' While the just war tradition has much to say about 'hard' war - bullets, bombs, and bayonets - it is virtually silent on the subject of 'soft' war. Soft War: The Ethics of Unarmed Conflict illuminates this neglected aspect of international conflict. (shrink)

All this is tightly reasoned, the argument is packed, but the language is clear."—Christian Century "The man value of this book seems to me to be that it ...