Most donated organs in the United States come from brain dead donors, while a small percentage come from patients who die in “controlled,” or expected, circumstances, typically after the family or surrogate makes a decision to withdraw life support. The number of organs available for transplant could be substantially if donations were permitted in “uncontrolled” circumstances–that is, from people who die unexpectedly, often outside the hospital. According to projections from the Institute of Medicine, establishing programs permitting “uncontrolled donation after circulatory (...) determination of death,” or uDCDD, throughout the United States has the potential to provide 22,000 more donation opportunities annually. In contrast, U.S. controlled donation after circulatory determination of death, or cDCDD, cases have increased progressively over the past decade from 87 to 848 donors, but currently account for only 10.6 percent of all deceased donors. Following the IOM recommendations, several projects exploring the feasibility of uDCDD were funded by the federal government, including a grant from the Health Resources and Services Administration that supported a pilot project in New York City in which the authors of this article participated.A key feature of our protocol, and indeed of many uDCDD protocols, is the initiation of preservation methods such as chest compressions and extracorporeal membrane oxygenation shortly after death in order to perfuse and preserve the donor's organs. Critics of uDCDD argue that the means of determining death deviates from generally ascribed principles. They assert that reinstituting circulation in order to preserve organs has the effect of “undoing” the prior determination of death. The result is that cDCDD is widely accepted and practiced routinely even though it only marginally increases the number of organs available for transplantation, and uDCDD is widely considered unacceptable despite being ethically embraced and proven to significantly increase organ donation opportunities in other countries. This article explores the evolution of this counterintuitive state of affairs and calls for a policy that, in line with the IOM report, allows for both cDCDD and uDCDD protocols. (shrink)

The notions of duty and obligation constitute the central focus of Rawls's account of political authority. This chapter examines Rawls's accounts of (1) the justification of political authority; (2) the essential elements of a just constitutional regime; (3) the conditions under which resistance to just institutions is permissible or required; and (4) the conditions under which institutions cease to deserve fidelity and obedience. It commences with Rawls's accounts of duty and obligation, focusing on his accounts of (1) the duties and (...) obligation of citizens; and (2) the duty to obey unjust laws. Rawls discusses two instances in which certain forms of resistance are justifiable: civil disobedience; and conscientious refusal. Rawls's account continues to be oriented by the underlying notion that the legitimate exercise of coercive political power must be justifiable on terms that persons subject to that power can affirm on due reflection. (shrink)

A traditional interpretation holds that Kant's political theory simply constitutes an account of the constraints which reason places on the state's authority to regulate external action. Alexander Kaufman argues that this traditional interpretation succeeds neither as a faithful reading of Kant's texts nor as a plausible, philosophically sound reconstruction of a `Kantian' political theory. Rather, he argues that Kant's political theory articulates a positive conception of the state's role.

John Rawls argues that it is possible to describe a suitably defined initial situation from which to form reliable judgements about justice. In this initial situation, rational persons are deprived of information that is . It is rational, Rawls argues, for persons choosing principles of justice from this standpoint to be guided by the maximin rule. Critics, however, argue that (i) the maximin rule is not the appropriate decision rule for Rawls's choice position; (ii) the maximin argument relies upon an (...) imprecise account of the satisfactory minimum to be secured under the maximin rule; or that (iii) Rawls relies upon unrealistic assumptions about diminishing marginal value. These critics, I will suggest, argue from a number of assumptions that are confused or false. The satisfactory minimum that choosers in the original position seek to achieve is not a minimum level of primary goods, nor is the satisfactory minimum sought under the maximin rule supplied by the difference principle. I will argue that the maximin argument is more robust than has generally been recognized and that this argument performs a number of important functions in clarifying the nature and implications of Rawls's argument for justice as fairness. (shrink)

This is a new interpretation and analysis of John Rawls's leading theory of distributive justice, which also considers the responding egalitarian theories of scholars such as Richard Arneson, G. A. Cohen, Ronald Dworkin, Martha Nussbaum, John Roemer, and Amartya Sen. Rawls's theory, Kaufman argues, sets out a normative ideal of justice that incorporates an account of the structure and character of relations that are appropriate for members of society viewed as free and equal moral beings. Forging an approach distinct (...) amongst contemporary theories of equality, Rawls offers an alternative to egalitarian justice methodologies that aim primarily to compensate victims for undeserved bad luck. For Rawls, the values that ground the most plausible account of egalitarianism are real equality of economic opportunity combined with the guarantee of a fair distribution of social goods. Kaufman's analysis will be of interest to scholars and advanced students of political theory and political philosophy, particularly those working on justice, and on the work of John Rawls. (shrink)

John Rawls's account of Kantian constructivism is perhaps his most striking contribution to ethics. In this paper, I examine the relation between Rawls's constructivism and its foundation in Kantian intuitions. In particular, I focus on the progressive influence on Rawls's approach of the Kantian intuition that the substance of morality is best understood as constructed by free and equal people under fair conditions. Rawls's focus on this Kantian intuition, I argue, motivates the focus on social contract that grounds both his (...) accounts of the original position and of reflective equilibrium. Critics, including Onora O'Neill and Larry Krasnoff, object that Rawls's view distorts various aspects of Kantian moral reasoning. I argue that these objections (i) exaggerate the distinctions between Kant's and Rawls's decision procedures and (ii) reflect an unnecessarily constricted view of Kant's moral thought. (shrink)

In this volume, leading scholars present new and original essays to address controversies raised regarding the focus, structure and justification of the capabilities approach to equality.

G. A. Cohen was one of the world's leading political theorists. He was noted, in particular, for his contributions to the literature of egalitarian justice. Cohen's classic writings offer one of the most influential responses to the currency of the egalitarian justice question - the question, that is, of whether egalitarians should seek to equalize welfare, resources, opportunity, or some other indicator of well-being. Underlying Cohen's argument is the intuition that the purpose of egalitarianism is to eliminate disadvantage for which (...) it is inappropriate to hold the person responsible. His argument therefore focuses on the appropriate role of considerations regarding responsibility in egalitarian judgment. This volume comprises chapters by major scholars addressing and responding both to Cohen's account of the currency of egalitarian justice and its practical implications and to Cohen's arguments regarding the appropriate form of justificatory arguments about justice. (shrink)

Organic farming is spreading throughout Asia, including in Thailand. Little is known about whether farmers’ values change as they make the shift from conventional farming to organic farming. The benefits farmers perceive from making the shift have also scarcely been studied. We investigated these factors in Northeastern Thailand by conducting observations, key informant interviews, semi-structured interviews and questionnaire interviews. We found that as Thai farmers adopted organic methods, they developed an eco-consciousness. In comparing members of a Buddhist temple-based organic farmer (...) support group with members of a non-profit organic agriculture support group, we found that the temple-based group adopted deeper Buddhist eco-spiritual values while the non-profit group remained more commercially oriented. Farmers who adopted Buddhist eco-spiritual values enjoyed greater financial and health benefits from making the organic shift. A higher proportion of the temple-based group eliminated their debts after making the shift . Additionally, a higher proportion of members in the temple-based group felt that their physical health improved after becoming an organic farmer . Interestingly, the less debt farmers carried, the healthier they felt . Participants believed that eliminating the use of agro-chemicals, using organic fertilizers, consuming organic food, and increasing biodiversity on their farms also contributed to improving their health. We conclude that for Thai farmers who are devoutly committed to Buddhism, temple-based organic support programs provided an effective pathway to improving their finances, health and well-being. For Thai farmers generally, a fundamental adoption of eco-conscious values is integral to experiencing deeper non-commercial benefits from organic farming. Findings suggest that the expansion of organic farming systems depends on changing perspectives about well-being. (shrink)

In The Law of Peoples, John Rawls develops a theory of global justice whose scope and ambitions are quite modest. Far from justifying a global resource distribution principle modeled on the difference principle, Rawls’s theory does not argue for significant redistribution among peoples. This paper focuses on Rawls’s claim that the character and scope of his account of global justice are determined by the constructivist method that he employs to extend political liberalism’s project from the domestic to the global sphere. (...) The principles of an acceptable law of peoples, he argues, are simply those principles that would be selected by rational representatives of peoples from the standpoint of a suitably characterized fair choice position. This paper argues that Rawls’s constructivist method in fact provides support for an account of global justice of greater scope and ambition than Rawls’s Law of Peoples. (shrink)

Constitutionally protected rights remove political issues from the control of the democratically elected legislature. Since such rights therefore limit the power of the majority, recent work in rights theory argues that the constitutional protection of rights is inconsistent with the fundamental democratic idea of government by the people. According to this view, democracies should assign the power to resolve questions regarding the nature and extent of individual rights to the majority. Constitutional attempts to remove such questions from the public agenda, (...) it is argued, are disrespectful to citizens who disagree with the views embodied in the constitutionalized rights. I argue that this critique: is insufficiently attentive to the question of when legislation by the majority constitutes a legitimate exercise of political power; and underestimates the importance of securing the constitutive conditions of democratic self-government. (shrink)

In Political Liberalism, Rawls emphasizes the practical character and aims of his conception of justice. Justice as fairness is to provide the basis of a reasoned, informed and willing political agreement by locating grounds for consensus in the fundamental ideas and values of the political culture. Critics urge, however, that such a politically liberal conception of justice will be designed merely to ensure the stability of political institutions by appealing to the currently-held opinions of actual citizens. In order to evaluate (...) this concern, I suggest, it is necessary to focus on the normative character of Rawls's analysis. Rawls argues that justice as fairness is the conception of justice that citizens of modern democratic cultures should choose in reflective equilibrium, after reflecting fully upon their considered judgments regarding justice. Since judgments in reflective equilibrium are grounded in considered judgment, rather than situated opinions, I argue that the criticism fails. Key Words: justification • objectivity • political liberalism • Rawls • reflective equilibrium. (shrink)

Because of his preoccupation with the formal aspects of music and literature, Theodor W. Adorno is often regarded as the most aesthetically oriented thinker of the Frankfurt School theorists. It is Adorno’s perceived commitment to aestheticism—the study of art for art’s sake and the study of art as a source of sensuous pleasure, rather than as a vehicle for culturally constructed morality or meaning—that many scholars have criticized as hostile to genuine, concrete, substantive political, social, and ethical engagement with the (...) arts. _Adorno and Ethics_—the first issue of _New German Critique_ to be published by Duke University Press—takes issue with Adorno’s critics. These essays reconsider Adorno’s unique brand of aestheticism, revealing a “politics of aestheticism” and exploring the political and ethical dimensions of his writings. One contributor links the ethical turn taken in Adorno criticism with related developments in American poetry and poetics. Another examines Adorno’s aphorism “Gold Assay” for the ways in which it anticipates one of his seminal works, _The Jargon of Authenticity_. Focusing on Auschwitz and the testimony of its survivors, one contributor explores the impact of the Holocaust on modern philosophy and reason, a relationship that he argues Adorno never specified. Another contributor considers the figure of the animal in the writings of Kant, Adorno, and Lévinas, exploring what it might mean to live, as Adorno suggests, as “a good animal.” _Contributors_. J. M. Bernstein, Detlev Claussen, Samir Gandesha, Alexander García Düttmann, Christina Gerhardt, Martin Jay, Robert Kaufman, Michael Marder, Gerhard Richter. (shrink)

My general objective in this paper is to provide the outlines of the reception of Baruch Spinoza and Moses Mendelssohn in the Russian Enlightenment of the late 18th century as well as in the Russian-Jewish Haskalah. In part of the paper I consider Gavrila Derzhavin’s mention of Mendelssohn in his “Opinion,” the translation of Mendelssohn’s Phaedon in Nikolay Novikov’s Masonic-inspired journal Utrennyi Svet, and the readings of Spinoza’s view on God and then-shared interpretation of his views as an “atheism” in (...) Feofan Propovich, Vasily Trediakovskiy, and Alexander Sumarokov. In the part on the late Russian-Jewish Haskalah of 1860s I examine two intellectual biographies appeared in the period—Saveliy Kovner on Spinoza and Yakov Gurliand on Mendelssohn, which aim to interpret positions of Spinoza and Mendelssohn as exemplary strategies of the Jewish emancipation within the framework of claims and prospects of the modern European culture. I also rediscover and reinterpret Spinoza’s approach to religion as the late Russian Haskalah’s authors strongly object to label Spinoza’s philosophy of religion as “atheistic” and consider it as close to the “pure, or true Judaism.”. (shrink)

Harry van der Linden's review of: Welfare in the Kantian State. By Alexander Kaufman. Oxford: Oxford University Press, 1999. Pp.xii, 179. ISBN 0-19-829467-0. £42.50, $45.00.

Distributive Justice and Access to Advantage is the most recent anthology devoted to the work of the great and, sadly, late political philosopher G.A. Cohen. Wh.

Deleuze, The Dark Precursor is organized around three themes that critically overlap: dialectic, structure, and being.

The doctrine of karma and rebirth is often praised for its ability to offer a successful solution to the Problem of Evil. This essay evaluates such a claim by considering whether the doctrine can function as a systematic theodicy, as an explanation of all human suffering in terms of wrongs done in either this or past lives. This purported answer to the Problem of Evil must face a series of objections, including the problem of anylackofmemoryofpastlives,the lack of proportionality between wrongdoing (...) and the observed suffering in the world, the problem of infinite regress of explanation, and the problem of compatibility of free will with karmic determinism. These objections, either separately or taken together, provide sufficient reason to doubt whether the doctrine of karma and rebirth can in fact provide a satisfactory theodicy. (shrink)

The problem of punishment -- Punishment as crime prevention -- Can retributive punishment be justified? -- The mixed theory of punishment -- Retribution and revenge -- What is the purpose of retribution? -- Making sense of honor -- Is punishment justified?

Some combinations of attitudes--of beliefs, credences, intentions, preferences, hopes, fears, and so on--do not fit together right: they are incoherent. A natural idea is that there are requirements of "structural rationality" that forbid us from being in these incoherent states. Yet a number of surprisingly difficult challenges arise for this idea. These challenges have recently led many philosophers to attempt to minimize or eliminate structural rationality, arguing that it is just a "shadow" of "substantive rationality"--that is, correctly responding to one's (...) reasons. -/- In *Fitting Things Together*, Alex Worsnip pushes back against this trend--defending the view that structural rationality is a genuine kind of rationality, distinct from and irreducible to substantive rationality, and tackling the most important challenges for this view. In so doing, he gives an original positive theory of the nature of coherence and structural rationality that explains how the diverse range of instances of incoherence can be unified under a general account, and how facts about coherence are normatively significant. He also shows how a failure to focus on coherence requirements as a distinctive phenomenon and distinguish them adequately from requirements of substantive rationality has led to confusion and mistakes in several substantive debates in epistemology and ethics. -/- Taken as a whole, Fitting Things Together provides the first sustained defense of the view that structural rationality is a genuine, autonomous, unified, and normatively significant phenomenon. (shrink)

Artificial intelligence is a general-purpose technology (GPT), term given to technologies that shape an entire era and reorient innovations by reconfiguring the economy’s logic and functioning and bringing in new business models. AI offers unprecedented opportunities and risks. The benefits of AI are extraordinary, as are its potential harms. Potential damage does not have the same degree of problematization, since the intensity and extent of the damage varies according to the domain and the object of application. To address the scale (...) of this challenge, regulation is necessary but not sufficient. Standards, unwritten codes of compliance and arbitration procedures, supervision and auditability, AI governance, international agreements, compliance with current local and global standards and laws. All of this needs to be integrated. Society seems to have no alternative to facing the challenges of at least mitigating the damage already identified and trying to predict future damage in advance. The purpose of this article is to encourage reflection regarding the main initiatives that are available to society to protect its citizens and organizations from the potential harm caused by AI models, vis-à-vis the technology’s own limits to act in ethical and legal compliance. (shrink)

A Pulitzer Prize–winning dance critic teaches us to appreciate—and enact—grace in every dimension, from the physical to the emotional. Grace has long been taught as essential to civilized living. The Three Graces—goddesses of charm, beauty, and creativity—exemplify ease and harmony with one another and the world around them. But what has happened to this simple, marvelous concept of being at ease in the world? With warmth, humor, and an ever-perceptive eye, Sarah L. Kaufman sifts the graceful from the graceless, (...) celebrating heart-catching moments of physical elegance in sports, movies, dance, fashion, and music; rare sightings of celebrity grace; the secrets of gracious hosts; and grace found unexpectedly, in the kitchen of a high-end restaurant and among strippers in a basement bar. Kaufman’s thought-provoking reflections on these physical and social acts of grace offer hope for even the clumsiest, most awkward among us. Guided by the muse of Cary Grant (with further inspiration from Smokey Robinson, Roger Federer, Nelson Mandela, Margot Fonteyn, Amy Purdy, Beyoncé, and others), Kaufman illuminates the importance of grace in the small moments of everyday life. In The Art of Grace, she inspires us to walk taller, spend time on unnecessary kindnesses, and celebrate the grace notes in our lives and those of others. (shrink)

During his more than fifty-year writing and teaching career, Horace M. Kallen (1882-1974), the American Jewish philosopher who coined the term "cultural pluralism," incorporated into his pragmatism-infused philosophy of life a number of different sciences, from racial science to psychology and physics. Part biography, part cultural history, "Horace Kallen Confronts America" offers fresh insight into the larger question of how social discourses shape modern American Jewish identity.

The Seventeenth century is one of the most important periods in the history of Western philosophy, witnessing philosophical, scientific, religious and social change on a massive scale. In spite of this, there are remarkably few comprehensive, single volume surveys of the period as a whole. The Routledge Companion to Seventeenth Century Philosophy is an outstanding and comprehensive survey of this momentous period, covering the major thinkers, topics and movements in Seventeenth century philosophy. It is divided into seven parts: Historical Context (...) Metaphysics Epistemology Mind and Language Moral and Political Philosophy Natural Philosophy and Mathematics Philosophical Theology. An outstanding team of international contributors provide students and scholars of philosophy and related disciplines with a superb guide to Seventeenth century philosophy. Additional features include annotated further reading at the end of each chapter and biographical entries on the most important philosophers. (shrink)

Gilles Deleuze is considered one of the most important French philosophers of the twentieth century. Eleanor Kaufman situates Deleuze in relation to others of his generation, such as Jean-Paul Sartre, Pierre Klossowski, Maurice Blanchot, and Claude Lévi-Strauss, and she engages the provocative readings of Deleuze by Alain Badiou and Slavoj ?i?ek. Deleuze, The Dark Precursor is organized around three themes that critically overlap: dialectic, structure, and being. Kaufman argues that Deleuze's work is deeply concerned with these concepts, even (...) when he advocates for the seemingly opposite notions of univocity, nonsense, and becoming. By drawing on scholastic thought and reading somewhat against the grain, Kaufman suggests that these often-maligned themes allow for a nuanced, even positive reflection on apparently negative states of being, such as extreme inertia. This attention to the negative or minor category has implications that extend beyond philosophy and into feminist theory, film, American studies, anthropology, and architecture. (shrink)

Necessary Existence breaks ground on one of the deepest questions anyone ever asks: why is there anything? Pruss and Rasmussen present an original defence of the hypothesis that there is a necessarily existing being capable of providing an ultimate foundation for the existence of all things.

On November 11 and 12, 2011, a symposium held at the University of North Carolina in Chapel Hill honored John M. Headley, Emeritus Professor of History. The organizers, Professor MelissaBullard—Headley’s colleague in the department of history at that university—along with ProfessorsPaul Grendler (University of Toronto) and James Weiss (Boston College), as well as Nancy GraySchoonmaker, coordinator of the Program in Medieval and Early Modern Studies—assembled presenters, respondents, and dozens of other participants from Western Europe and North America to celebrate the (...) career of their prolific, versatile, and influential colleague whose publications challenged and often changed the ways scholars think about Martin Luther, Thomas More, the Habsburg empire,early modern Catholicism, globalization, and multiculturalism.This special issue contains the major papers delivered at the symposium, revised to take account of colleagues’ suggestions at the conference and thereafter.^John O’Malley studies the censorship ofsacred art with special reference to Michelangelo’s famed “Last Judgment” and the Council of Trent.John Martin sifts Montaigne’s skepticism about contemporaneous strategies for self-disclosure andself-discipline. Stressing the significance of grammar, Constantin Fasolt helps us recapture theRenaissance’s and the early modern religious reformations’ disagreements with antiquity. RonaldWitt’s reappraisal of humanist historiography probes Petrarch’s perspectives on ancient Rome. JohnMcManamon includes tales of theft and market manipulation in his study of the early moderncollection and circulation of books and manuscripts, the commodification of study. To “nuance” John Headley’s conclusions about “the Europeanization of the world,” Jerry Bentley repossesses the influence of other than European societies on several European theorists of human rights.^Kate Lowe’s remarks on the reconstruction of race in the Renaissance explores the effects of a critical mistranslation on what being black was taken to mean by Europeans. David Gilmartin introduces readers to the shape of democracy in nineteenth- and twentieth-century India, as well as to the understandings of popular sovereignty that affected elections, suggesting strides that scholars might take “toward a worldwide history of voting”.The remarkable range of these contributions comes close to reflecting the range of ProfessorHeadley’s interests and achievements, which James M. Weiss maps in his tribute, identifying“unifying themes” in Headley’s work. (shrink)

Jacobi held a position of unparalleled importance in late eighteenth and early nineteenth century intellectual history. This includes his role in bringing about the close of the Enlightenment, his central part in shaping the reception of Kant's philosophy and German idealism, and his influence on the development of Romanticism and existentialism.

This book compares two competing theories of human nature: the more traditional theory espoused in different forms by centuries of western philosophy and the newer, Darwinian model. In the traditional view, the human being is a hybrid being, with a lower, animal nature and a higher, rational or “spiritual” component. The competing Darwinian account does away with the idea of a higher nature and attempts to provide a complete reduction of human nature to the evolutionary goals of survival and reproduction. (...) Whitley Kaufman presents the case that the traditional conception, regardless of one's religious views or other beliefs, provides a superior account of human nature and culture. We are animals, but we are also rational animals. Kaufman explores the most fundamental philosophical questions as they relate to this debate over human nature—for example: Is free will an illusion? Is morality a product of evolution, with no objective basis? Is reason merely a tool for promoting reproductive success? Is art an adaptation for attracting mates? Is there any higher meaning or purpose to human life? Human Nature and the Limits of Darwinism aims to assess the competing views of human nature and present a clear account of the issues on this most pressing of questions. It engages in a close analysis of the numerous recent attempts to explain all human aims in terms of Darwinian processes and presents the arguments in support of the traditional conception of human nature. (shrink)

A profound, valuable, scholarly study of theology from a cogent well- written Jewish perspective, exposing the arrogant disregard the "New Atheists" bring to the God-controversy by their collective neglect of the great variety of God- concepts embodied in the works of Jewish theologians.

This is the opening chapter to The Philosophy of Creativity: New Essays. It argues that since creativity is such a significant aspect of the human experience, and since it raises a wealth of philosophical questions, it deserves much more attention than it currently receives in philosophy. It also argues for the fruitfulness of interdisciplinary exchange, integrating philosophical insights with research in experimental psychology. Providing an overview of the field and of the subsequent essays in the volume, this chapter surveys issues (...) such as the definition of creativity, the role of consciousness in the creative process, the role of the audience in the creation of art, the emergence of creativity through childhood pretense, whether great works of literature give us insight into human nature, whether a computer program can really be creative, whether creativity is a virtue, the difference between creativity in science and art, and whether creativity can be taught—both in general and within philosophy itself. (shrink)

This Is A New Release Of The Original 1868 Edition.