The opinion of Mr. Justice Francis of the English High Court which denied the parents of Charlie Gard, who had been born with an extremely rare mutation of a genetic disease, the right to take their child to the United States for a proposed experimental treatment occasioned world wide attention including that of the Pope, President Trump, and the US Congress. The case raise anew a debate as old as the foundation of Western medicine on who should decide and on (...) what standard when there is a conflict between a family and the treating physicians over a possible treatment. This paper will explore the different approaches of the British and American courts on the issue and the various proposals from that of John Rawls in his A Theory of Justice to a processed-based approach for resolving such disputes. As carefully crafted as the opinion of Mr Justice Nicholas Francis in the Gard case proved to be, it left commentators unsatisfied. A widespread criticism, captured in an article by Michael Dougherty in The National Review was for the state to ‘get out of the way of the parents trying to act in the best interests of the child’.1 Although he conceded the parents could be adding to the suffering of the child by taking Charlie to America for an experimental therapy and agreed that such a choice ‘may be the wrong decision,’ in Dougherty’s view, it should still be ‘their decision’. Dougherty’s stand was the popular response to the question of ‘Who should decide?’ It fails, however, to propose any rationale for the decision. It provided no norms, no standards and no guidelines for the parents. Their motive could equally well be indifference to the suffering of the child as concern for his well-being. Furthermore, even good, loving parents may make …. (shrink)

When there is a conflict between parents and the physician over appropriate care due to an infant whose decision prevails? What standard, if any, should guide such decisions?This article traces the varying standards articulated over the past three decades from the proposal in Duff and Campbell’s 1973 essay that these decisions are best left to the parents to the Baby Doe Regs of the 1980s which required every life that could be salvaged be continued. We conclude with support for the (...) policy articulated in the 2007 guidelines of the American Academy of Pediatrics on non-intervention or withdrawal of intensive care for high-risk newborns. (shrink)

A unique anthology of essays exploring the philosophical wisdom runners contemplate when out for a run. It features writings from some of America’s leading philosophers, including Martha Nussbaum, Charles Taliaferro, and J.P. Moreland. A first-of-its-kind collection of essays exploring those gems of philosophical wisdom runners contemplate when out for a run Topics considered include running and the philosophy of friendship; the freedom of the long distance runner; running as aesthetic experience, and “Could a Zombie Run a Marathon?” Contributing essayists (...) include philosophers with athletic experience at the collegiate level, philosophers whose pasttime is running, and one philosopher who began running to test the ideas in his essay. (shrink)

1. Overview -/- 1.1 Main Divisions When, if ever, is it morally permissible to end the life of a human embryo or fetus, and why? As regards the first of these questions, there are extreme anti-abortion views, according to which abortion is prima facie seriously wrong from conception onwards – or at least shortly thereafter; there are extreme permissibility views, according to which abortion is always permissible in itself; and there are moderate views, according to which abortion is sometimes permissible, (...) and sometimes not. -/- Moderate views appeal to a variety of considerations in support of the view that abortion is sometimes justified, but these fall into four main categories. First, there are cases where the developing human is seriously defective in some way – perhaps such that it will not have a life that is worth living. Secondly, there are cases where continuation of pregnancy would involve serious risks to the life or health of the woman. Thirdly, there are moderate positions according to which the developing human initially does not have serious moral status, or a right to life, but acquires such status at some point before birth. Finally, it is often held that abortion is justified in the case of rape. -/- With the exception of the last consideration, moderate views assume that the moral status of the developing human is crucial with respect to the permissibility of abortion. Moreover, this is a natural assumption that was shared by all sides until the publication in 1971 of Judith Jarvis Thomson’s article “A Defense of Abortion,” in which she argued that abortion is permissible even if one assumes, for the sake of argument, that human embryos and fetuses have a right to life. Thus we have one of the great divides in the philosophical discussion of abortion: Is the moral status of the developing human generally decisive with regard to the moral permissibility of abortion or not? -/- 1.2 The Moral Status of the Developing Human: Thomson and Boonin Thomson’s article evoked many critical responses, along with some defenses, which I have described elsewhere (2013; “Thomson’s Attempt to Defend Abortion in General”). Crucial, however, is David Boonin’s defense (2003), which contains responses to all of the important objections directed against the attempt to show that one can defend abortion while granting that human embryos and fetuses have a right to life fully on a par with that of normal adult human beings. -/- Boonin’s impressive efforts notwithstanding, I do not think that this way of defending an extreme permissibility view is successful. The crucial issue is whether it is morally permissible intentionally to bring into existence an entity with a right to life in a situation where one knows that it will not survive without one’s assistance, and then to refrain from providing that assistance. An especially forceful way of arguing that this is not permissible is found in an article by Richard Langer (1993, 351-2), who argues that if this were permissible, it would follow not only that abortion was justified, but also that it is permissible to allow one’s children to die, some years after birth, simply because one no longer wishes to care for them. -/- 1.3 Moderate Views Moderate positions on abortion raise a number of issues that, for reasons of space, I cannot address here. Some of these depend on the issue of the moral status of the developing human, and defending a moderate view requires showing that both extreme anti-abortion and extreme moral permissibility views concerning the moral status of humans before birth are incorrect. I have argued elsewhere (1983, 285-302, and 2009, 59-63) that the prospects of doing this are not promising. -/- As regards permissibility in the case of rape, everything depends upon whether, as Thomson contends (1971), there is no obligation to be a good Samaritan, rather than merely a minimally decent one, and so no obligation for a woman to remain pregnant to save the life of a being that she was not responsible for bringing into existence. Finally, on the one hand, in cases where the woman will die if an abortion is not performed, virtually all moral philosophers, with the exception of those who embrace the moral view advanced by the Catholic Church in encyclicals by Pope Pius XI (1930) and Pope Paul VI (1968), agree that abortion is morally permissible, while, on the other hand, if the situation is one where there is only some risk that the woman will die if an abortion is not performed, or where the threat is not to the woman’s life, but only to her health, then the situation does seem clear-cut if one assumes that the embryo or fetus has a right to life. -/- 1.4 Extreme Anti-Abortion Views Very different arguments are offered for the view that abortion is in itself never permissible. First of all, in popular discussions, appeal is frequently made to the mere fact of membership in the biologically defined species Homo sapiens, but among those who are philosophically knowledgeable, this line of argument is almost invariably rejected, for reasons that I have set out elsewhere (Tooley, 2009, 21-35). -/- Secondly, appeal is also made to the idea that humans have immaterial minds, or souls – for example, by Stephen Schwartz (1990), J. P. Moreland and Scott B. Rae (2000), Norman Ford (2002), and Francis J. Beckwith, (2005). The postulation of immaterial minds or souls is, however, open to strong objections, since there is excellent evidence that human psychological powers have their categorical bases in neural structures, rather than in an immaterial substance (Tooley, 2009, 15-19). In addition, the postulation of an immaterial soul, conceived of along Thomistic lines, is on a collision course with biology, since such an immaterial soul is held to govern a human’s life processes and biological development. -/- Thirdly, there is the ‘substantial identity’ argument, advanced for example by Patrick Lee (2004), and which claims that an entity possesses a right to life by virtue of the type of substance it is. This view is exposed to a number of strong objections, however, among them the fact that it leads to the unacceptable consequence that a human that has suffered upper brain death still has a right to life (Tooley, 2009, 51-9). -/- The upshot is that most philosophers do not find any of the preceding three lines of argument for an extreme anti-abortion position promising. The focus, accordingly, has been elsewhere – namely, on arguments claiming that human embryos and fetuses have serious moral status, or a right to life, because they have the potentiality for developing those psychological capacities – for thought, self-consciousness, rationality, and so on – that seem clearly relevant to a being’s moral status. -/- In what follows, then, I shall confine my discussion to what seems to me the most crucial issue bearing upon the moral status of abortion, namely, that between, on the one hand, a potentiality account of moral status, and, on the other, the type of approach most commonly appealed to in support of an extreme permissibility position on abortion, namely, a personhood account of the right to life. -/- One of the earliest defenders of the view that potentialities give something a right to life was Jim Stone in his article, “Why Potentiality Matters,” where Stone argues for the conclusion, “we have a prima facie duty not to deprive them of the conscious goods which it is their nature to realize” (1987, 821). Stone’s discussion, however, attracted much less attention than an article published two years later by Don Marquis, entitled “Why Abortion is Immoral.” The latter is one of the most interesting articles on abortion, as well as one of the most discussed––and deservedly so. In what follows, then, I shall focus upon it. -/- My discussion is organized as follows. In section 2, I summarize Marquis’s account of the wrongness of killing. Then, in section 3, I set out an alternative account, one in which the concept of a neo-Lockean person is central. Sections 4, 5, and 6 are then devoted to criticisms of Marquis’s approach, all of which also support the alternative, rights-based, neo-Lockean personhood account. (shrink)

What is truth? Michael Lynch defends a bold new answer to this question. Traditional theories of truth hold that truth has only a single uniform nature. All truths are true in the same way. More recent deflationary theories claim that truth has no nature at all; the concept of truth is of no real philosophical importance. In this concise and clearly written book, Lynch argues that we should reject both these extremes and hold that truth is a functional property. (...) To understand truth we must understand what it does, its function in our cognitive economy. Once we understand that, we'll see that this function can be performed in more than one way. And that in turn opens the door to an appealing pluralism: beliefs about the concrete physical world needn't be true in the same way as our thoughts about matters -- like morality -- where the human stain is deepest. (shrink)

A review of J.P. Moreland's SCIENTISM AND SECULARISM: Learning to Respond to a Dangerous Ideology.

In The Afterlife of Moses, Steinberg addresses the story of Moses and the Exodus as a foundational myth of politics, of the formation not of a nation but of a political community grounded in universal law. Motivated in part by this recent period of reactionary insurgency in the US, Europe, and Israel, this work of intellectual history articulates the way in which a critique of myths of origin as a principle of democratic government, affect, and citizenship has equal relevance in (...) these places and equal fragility. (shrink)

In Natural Rights and the New Republicanism, Michael Zuckert proposes a new view of the political philosophy that lay behind the founding of the United States.

Translating Religion advances thinking about translation as a critical category in religious studies, combining theoretical reflection about processes of translation in religion with focused case studies that are international, interdisciplinary, and interreligious. By operating with broad conceptions of both religion and translation, this volume makes clear that processes of translation, broadly construed, are everywhere in both religious life and the study of religion; at the same time, the theory and practice of translation and the advancement of translation studies as a (...) field has developed in the context of concerns about the possibility and propriety of translating religious texts. The nature of religions as living historical traditions depends on the translation of religion from the past into the present. Interreligious dialogue and the comparative study of religion require the translation of religion from one tradition to another. Understanding the historical diffusion of the world's religions requires coming to terms with the success and failure of translating a religion from one cultural context into another. Contributors ask what it means to translate religion, both textually and conceptually, and how the translation of religious content might differ from the translation of other aspects of human culture. This volume proposes that questions on the nature of translation find particularly acute expression in the domains of religion, and argues that theoretical approaches from translation studies can be fruitfully brought to bear on contemporary religious studies. (shrink)

Journal of Philosophy of Education, Volume 55, Issue 1, Page 204-214, February 2021.

Philosophers often distinguish in some way between two senses of life's meaning. Paul Edwards terms these a ‘cosmic’ and ‘terrestrial’ sense. The cosmic sense is that of an overall purpose of which our lives are a part and in terms of which our lives must be understood and our purposes and interests arranged. This overall purpose is often identified with God's divine scheme, but the two need not necessarily be equated. The terrestrial sense of meaning is the meaning people find (...) in their own lives apart from the place of their lives in any ultimate end or context. (shrink)

Know-it-All Society is about how we form and maintain our political convictions, and the ways in which political ideologies, human psychology and technology conspire to make our society more dogmatic, less intellectually humble and ultimately less democratic.

An investigation into the way in which information technology has shaped how and what we know, from "Google-knowing" to privacy and social media.

In this engaging and spirited text, Michael Lynch argues that truth does matter, in both our personal and political lives. He explains that the growing cynicism over truth stems in large part from our confusion over what truth is.

One new form of liberalism is a doctrine that might be called Constitutional Welfare Liberalism. It stands in some continuity with the varieties of welfare and equality oriented liberalism that emerged in the Nineteenth Century and which found expression in the U.S. in political movements like the New Deal of F.D.R. and the Great Society of L.B.J. Constitutional Welfare Liberalism differs somewhat from earlier versions of Welfare Liberalism in that it claims to be solidly grounded in the fundamentals of the (...) liberal tradition and of the American Constitution. Advocates of Constitutional Welfare Liberalism would replace what they call the “negative-liberties model” of the Constitutional order with a “benefits model.” They rest their case on an analysis of rights that denies the meaningfulness of the common distinction between negative and positive rights. Some advocates of Constitutional Welfare Liberalism also base their claims on the positive empowerments and ends of government as expressed in the Preamble to the Constitution. It is shown here via an analysis of the negative/positive rights distinction that the distinction is indeed meaningful when understood more accurately than Constitutional Welfare Liberalism theorists do. Likewise it is shown that neither the general character of the Constitution as an empowerment of government, nor the particular goals stated in the Preamble imply the benefits model. (shrink)

Justice Stephen J. Field was the champion of a form of liberalism often said to be especially friendly to capitalism, the approach to the Constitution traditionally identified with “Lochnerism,” i.e., a laissez-faire oriented judicial activism. More recently a form of judicial revisionism has arisen, challenging the accepted descriptions of “Lochnerism” and of Field's jurisprudence. This article is an attempt to extend the revisionist approach by arriving at a more satisfactory understanding of the grounding of Field's jurisprudence in the natural rights (...) philosophy. Field, it turns out, orienting around natural rights, was not so unambiguously friendly to capitalism as previous generations of scholars maintained, but his approach is surely friendlier than the constitutional theories that have replaced natural rights since Field's day. (shrink)

Let us follow Robert Oakes in describing a self-authenticating experience of God as one that ‘would have the epistemic uniqueness of guaranteeing –all by itself – its veridicality to the person who had it.’ The idea that there could be self-authenticating experiences of God has been criticized often in recent years. It seems that the only experiences that could be self-authenticating are those about one's own current psychological states. Nevertheless, the individual who claims to have such an experience of God (...) is clearly using ‘experience’ in such a way as to suppose that one's experience of God is logically independent of the existence of God, but still self-authenticating. (shrink)

I shall argue that the question ‘Can we speak literally of God?’ is fundamentally an epistemological question concerning whether we can know that God exists. If and only if we can know that God can exist can we know that we can speak literally of God.

Through various applications of the ‘deep structure’ of moral and religious reasoning, I have sought to illustrate the value of a morally informed approach in helping us to understand the complexity of religious thought and practice…religions are primarily moved by rational moral concerns and…ethical theory provides the single most powerful methodology for understanding religious belief. Ronald Green, Religion and Moral Reason.

In The Existence of God Richard Swinburne argues that ‘if there is a God, any experience which seems to be of God, will be genuine – will be of God.’ On the face of it this claim of the essential veridicality of any religious experience, given the existence of God, is incredible. Consider what is being claimed by looking at a particularly dramatic example – but one that is well within the purview of Swinburne's claim. The ‘Yorkshire Ripper’ who murdered (...) at least thirteen women, claimed to hear voices telling him to kill. He took these voices to be divine. While it is easy enough to suspect the killer's sanity, it is not so easy to doubt his sincerity. Yet since Swinburne claims that God probably exists, he is committed to the view that the Ripper had a series of genuine religious experiences – so much for the arduous preparations sometime taken as necessary for a ‘vision’ of God. (shrink)

Two theses are central to foundationalism. First, the foundationalist claims that there is a class of propositions, a class of empirical contingent beliefs, that are ‘immediately justified’. Alternatively, one can describe these beliefs as ‘self–evident’, ‘non–inferentially justified’, or ‘self–warranted’, though these are not always regarded as entailing one another. The justification or epistemic warrant for these beliefs is not derived from other justified beliefs through inductive evidential support or deductive methods of inference. These ‘basic beliefs’ constitute the foundations of empirical (...) knowledge. One can give a reason for the justification of a basic belief even though the justification for that belief is not based on other beliefs. Thus, according to Chisholm, if asked what one's justification was for thinking that one knew, presently, that one is thinking about a city one takes to be Albuquerque, one could simply say ‘what justifies me…is simply the fact that I am thinking about a city I take to be Albuquerque’. (shrink)

Why does the paradox play such a crucial role in Kierkegaard's notion of truth as subjectivity? Richard Schacht explains it as follows: Eternal happiness is possible for a man only if it is possible for him to relate himself to God. A man, however, is a being who exists in time; and it would not be possible for such a being to enter into a ‘God-relationship’ if God had not also at some point existed in time. Through the ‘leap of (...) faith’ in which one affirms the proposition that God did exist in time, one is able to enter a ‘God-relationship’ and thereby attains ‘an eternal happiness’. (shrink)

A Choice Outstanding Academic Title for 1999 Academic debates about pluralism and truth have become increasingly polarized in recent years. One side embraces extreme relativism, deeming any talk of objective truth as philosophically naïve. The opposition, frequently arguing that any sort of relativism leads to nihilism, insists on an objective notion of truth according to which there is only one true story of the world. Both sides agree that there is no middle path. In Truth in Context, Michael Lynch (...) argues that there is a middle path, one where metaphysical pluralism is consistent with a robust realism about truth. Drawing on the work of Hilary Putnam, W.V.O. Quine, and Ludwig Wittgenstein, among others, Lynch develops an original version of metaphysical pluralism, which he calls relativistic Kantianism. He argues that one can take facts and propositions as relative without implying that our ordinary concept of truth is a relative, epistemic, or "soft" concept. The truths may be relative, but our concept of truth need not be. (shrink)

These essays center around two questions: Does truth have an underlying nature? And if so, what sort of nature does it have?