This article, prompted by Heidi Crowter’s campaign to eliminate the discriminatory aspects of current abortion law, outlines the challenges to good governance in a context of bioethical plurality. First, the nature of the plurality is sketched. Secondly, some reflections are presented on how those who have governance responsibilities might ease the tensions engendered by the plurality; and, at the same time, how the discontented governed might reasonably press their views. Thirdly, a model of good governance (demanding integrity by those who (...) govern and respect for the global commons) is introduced. The conclusion is that good faith governance merits our respect, but it does not guarantee particular outcomes or positions that will meet with the approval of all bioethical constituencies or individuals. Accordingly, we have to learn not only to live with rocks and hard places but also to find civilized ways of debating our differences. (shrink)

This article addresses two questions: First, how does the value of human dignity distinctively bear on a state’s responsibilities in relation to migrants; and, secondly, how serious a wrong is it when a state fails to respect the dignity of migrants? In response to these questions, a view is presented about the distinction between wrongs that violate cosmopolitan standards and wrongs that violate the standards that are distinctive to a particular community; about when and how the contested concept of human (...) dignity might be engaged; and, elaborating a three-tiered and lexically ordered scheme of state responsibilities, about how we should assess the seriousness of a state’s failure to respect the dignity of migrants. (shrink)

This paper argues that, in a community of rights, the prima facie responsibilities of researchers to attend to the ancillary-care needs of their participants would be determined by a four-stage test . This test, it is suggested, sets a standard for common law courts that are invited to recognize the ancillary-care responsibilities of researchers, whether as a matter of contract or tort law.

It is axiomatic that the first responsibility of researchers, whether they are working in the developed or the developing world, is to do no harm to those who participate in their studies or trials. However, on neither side of the Atlantic is there any such settled view with regard to the responsibility of researchers to attend to the ancillary-care needs of their participants – that is, a responsibility to advise or assist participants who have medical condition X in circumstances where (...) the research concerns medical condition Y, and the research did not contribute to the presence of condition X in participants, nor did the having of condition X contribute to the research. Consider, for example, the following hypothetical posed by Leah Belsky and Henry Richardson:Researchers testing a new treatment for tuberculosis in a developing country discover some patients have HIV infection. Do they have a responsibility to provide antiretroviral drugs? (shrink)

This article sketches how liberal principles can be coherently set alongside the stewardship responsibilities of regulators. It indicates how this bears on the legitimacy of public health interventions in general and interventions of the kind associated with New York City’s public health programme in particular. The key idea is that stewardship responsibilities relate to the essential infrastructural conditions for human well-being; these conditions need to be protected because they are the staging for all human activity. Liberal principles, by contrast, presuppose (...) that the basic conditions for human well-being are in place; and, given this presupposition, they present a view about how humans should live, about how they should interact and transact and about how they should flourish. Where regulators are guided by a liberal ethic, they act illegitimately if they try to dictate how individuals should lead their lives; but, acting under their stewardship jurisdiction, regulators may legitimately intervene if they are trying to protect the conditions that are essential for any kind of human life. The article concludes by suggesting that while it is a good thing that New York City’s policies provoke debate about the legitimacy of public health interventions, it is the infrastructural conditions, and not the superstructural activities, that are the regulatory priority. (shrink)

This paper, guided by the UNESCO Universal Declaration on Bioethics and Human Rights, assumes that regulators should aim to support the development of nanomedicine while, at the same time, putting in place whatever limits or safeguards are indicated by ethical considerations. Relative to this regulatory objective, it is argued that, notwithstanding the importance of precaution (characteristically, concerning health, safety, and the environment), ethical reflection needs to go both broader and deeper. It is suggested that, by attending to the basic matrix (...) of ethical debate and the “bioethical triangle” through which the matrix is currently articulated, the breadth, depth, and conflictual plurality of ethical concerns about nanomedicine will be clarified. In this light, the conventional thinking about precaution is revisited and concerns about human dignity and informed consent (under conditions of extreme uncertainty) are analysed. The paper concludes that, once the range of ethical pluralism is grasped, the extent of the challenge facing regulators will be more clearly appreciated. (shrink)

In the original publication the title reads “The Right to Know and the Right Not to Know Revisited: Part One”. The paper consisted of both Part One and Part Two hence the title has to be corrected.

This special issue of the Modern Law Review addresses a range of key issues - conceptual, ethical, political and practical - arising from the regulatory ...

Nuffield Council on Bioethics, London * Corresponding author: Nuffield Council on Bioethics, 28 Bedford Square, London WC1B 3JS, UK. Email: hschmidt{at}nuffieldbioethics.org ' + u + '@' + d + ' '//--> Abstract In November 2007, the Nuffield Council on Bioethics published the report Public Health: Ethical Issues . While the report has been welcomed by a wide range of stakeholders, there has also been some criticism. First, it has been suggested that it is not clear why, in developing its ‘stewardship (...) model’, the Council felt the need to go beyond the liberal position developed by John Stuart Mill—what is it that the stewardship model adds? Second, it is suggested that the Report is confused about the concept of paternalism. Third, it is argued that the discussion of the concept of stewardship is lacking in detail and substance. We clarify the Working Party's thinking regarding these three areas, which demonstrates the robustness of the framework set out in the report. CiteULike Connotea Del.icio.us What's this? (shrink)

This paper challenges the view, commonly held inbiolaw and bioethics, that there can be no proprietaryrights in our own bodies or body parts. Whether thestarting point is the post-intervention informedconsent regime of Article 22 of the Convention ofHuman Rights and Biomedicine or the traditional(exclusionary) understanding of private property it isargued that property in our own bodies or body partsis presupposed. Although these arguments do notdemonstrate that there is property of this kind (forthat, a full-scale justification of the institution ofprivate property (...) would be required), they suggestnevertheless that the commonly held view has animmanent property logic that has not yet been drawnout or appreciated. (shrink)

Two claims lay the foundation for Beyleveld and Brownsword’s legal theory. The first says that immoral laws cannot be law, the second that rights to freedom and welfare can be proven to be logically necessary given merely the phenomenon of agency. The author argues that both claims are too strong. The first is an overidealization of law, which fails to do justice to its double nature as a real as well as an ideal phenomenon. The second must fail, for (...) a moral “ought” cannot be deduced from a merely instrumental “ought.”. (shrink)

Introduction: Conversion and the practice of transformation -- The philosophical structure of Jonathan Edwards's religious affections -- Habit, habit change, and conversion in C.S. Peirce -- Reconstructing faith : religious overcoming in Dewey's pragmatism -- Transforming obligation in William James -- Dwelling in absence: the reflective origin of conversion -- Creative transformation : the work of conversion -- The evasion of conversion in recent American philosophy.

This paperback edition is fully updated with new chapters on the livestoick crisis, fishing and BSE and a layman's guide introduction to philosophical concepts, ...

Argues that the only way to understand the Confucian vision of the consummate moral life is to take the tradition on its own terms.

Roger North's The Musicall Grammarian 1728 is a treatise on musical eloquence in all its branches. Of its five parts, I and II, on the orthoepy, orthography and syntax of music, constitute a grammar; III and IV, on the arts of invention and communication, form a rhetoric; and V, on etymology, consists of a history. Two substantial chapters of commentary introduce the text, which is edited here for the first time in its entirety: Jamie Kassler places his treatise within (...) the broader context not only of North's musical and non-musical writings but also their relation to the intellectual ferment of the seventeenth and eighteenth centuries and Mary Chan describes physical and textual aspects of the treatise as evidence for North's processes of thinking about musical thinking. (shrink)

Descartes and the last Scholastics: objections and replies -- Descartes and the Scotists -- Ideas, before and after Descartes -- The Cartesian destiny of form and matter -- Descartes, Basso, and Toletus: three kinds of Corpuscularians -- Scholastics and the new astronomy on the substance of the heavens -- Descartes and the Jesuits of La Fleche: the Eucharist -- Condemnations of Cartesianism: the extension and unity of the universe -- Cartesians, Gassendists, and censorship -- The cogito in the seventeenth century.

This volume brings together much of the most influential work undertaken in the field of virtue ethics over the last four decades. The ethics of virtue predominated in the ancient world, and recent moral philosophy has seen a revival of interest in virtue ethics as a rival to Kantian and utilitarian approaches to morality. Divided into four sections, the collection includes articles critical of other traditions; early attempts to offer a positive vision of virtue ethics; some later criticisms of the (...) revival of virtue ethics; and, finally, some recent, more theoretically ambitious essays in virtue ethics. (shrink)

In this lucid and engaging introductory volume on the nature of society, Roger Trigg examines the scientific basis of social science and shows that philosophical presuppositions are a necessary starting point for the study of society.

_The Undiscovered Dewey_ explores the profound influence of evolution and its corresponding ideas of contingency and uncertainty on John Dewey's philosophy of action, particularly its argument that inquiry proceeds from the uncertainty of human activity. Dewey separated the meaningfulness of inquiry from a larger metaphysical story concerning the certainty of human progress. He then connected this thread to the way in which our reflective capacities aid us in improving our lives. Dewey therefore launched a new understanding of the modern self (...) that encouraged intervention in social and natural environments but which nonetheless demanded courage and humility because of the intimate relationship between action and uncertainty. Melvin L. Rogers explicitly connects Dewey's theory of inquiry to his religious, moral, and political philosophy. He argues that, contrary to common belief, Dewey sought a place for religious commitment within a democratic society sensitive to modern pluralism. Against those who regard Dewey as indifferent to moral conflict, Rogers points to Dewey's appreciation for the incommensurability of our ethical commitments. His deep respect for modern pluralism, argues Rogers, led Dewey to articulate a negotiation between experts and the public so that power did not lapse into domination. Exhibiting an abiding faith in the reflective and contestable character of inquiry, Dewey strongly engaged with the complexity of our religious, moral, and political lives. (shrink)

My intention is to show that, starting from an empiricist philosophy of mind, it is possible to give a systematic account of aesthetic experience. I argue that empiricism involves a certain theory of meaning and truth; one problem is to show how this theory is compatible with the activity of aesthetic judgment. I investigate and reject two attempts to delimit the realm of the aesthetic: one in terms of the individuality of the aesthetic object, and the other in terms of (...) 'aesthetic properties'. I go on to argue that aesthetic descriptions must not be thought to ascribe properties to their objects, and I show how the suggestion that they are non-descriptive need not conflict with the empiricist view of meaning. The problem is then seen to lie with the analysis of the 'acceptance-conditions' of aesthetic descriptions. I counter certain idealist objections to this approach, and then present a theory of imagination, in terms of which the acceptance conditions of aesthetic judgments may be described. This theory attempts to explain how the element of thought in aesthetic appreciation may become inseparable from an experience of its object, and how the aesthetic emotions are both like and unlike their equivalents in life. The first part concludes with an analysis of the general conditions of aesthetic experience. I try to show that aesthetic experience can be described in terms of certain 'formal' properties, independently of its material object. In the second part I am concerned to show that this empiricist theory of aesthetics does not, like most empiricist theories, make nonsense of our appreciation of art. First, I attempt to show that 'understanding' art is not merely a cognitive process, but involves certain experiences that can be accounted for in terms of the previous theory. I then analyse the concepts of representation and expression, and in the course of this analysis I attempt to refute what I take to be the most serious rival analysis of our appreciation of art - the semantic theory. (shrink)

Brings together essays on the philosophy of art in which a philosophical theory of aesthetic judgment is tested and developed through its application to particular examples. Each essay approaches, from its own field of study, what Roger Scruton argues to be the central problems of aesthetics -- what is aesthetic experience, and what is its importance for human conduct? The book is divided into four parts. The first contains a resume of modern analytical aesthetics, which also serves as an (...) introduction to subsequent chapters. It also includes an essay that reviews current theories of literary criticism. The second part is devoted to musical aesthetics and contains the theoretical core of the work. Here Scruton describes the contours of aesthetic understanding, and defends the view that the object of aesthetic experience is inherently significant, even when it has no "content" that can be described in propositional terms. He rebuts the view that music is representational, and in the third part goes on to propose a theory of representation whereby to refute the suggestion that photography is a representational art. This third section also contains a study of film. The final part comprises essays relating aesthetic judgment to the understanding of culture, humor, and design. It covers many subjects, including the prose works of Samuel Beckett and the architecture of Leninism. The essays in this book form parts of a single intellectual enterprise, which is to give analytical foundations to the criticism of literature, visual art, music, and culture. (shrink)

This volume contains eighteen essays by established and younger historians that examine non-democratic alternative political systems and ideologies--oligarchies, monarchies, mixed constitutions--along with diverse forms of communal and regional associations such as ethnoi, amphiktyonies, and confederacies. The papers, which span the length and breadth of the Hellenic world highlight the immense political flexibility and diversity of ancient Greek civilization.

This book is intended as an equivalent to or substitute for that "more reflective reading" which Rousseau considered essential to an understanding of his ideas. It is designed to complement perusal of the texts themselves, and the arrangement is such that chapters on each of Rousseau's major writings can be consulted separately or the commentary may be read through in sequence. The author's purpose is not to present a "key" to Rousseau's political philosophy, but rather to explore the works themselves (...) in an effort to reveal Rousseau's "system," from which the reader may then draw his own conclusions. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)