Yasha Rohwer and Emma Marris argue there is no prima facie duty to preserve genetic integrity; they contend, rather, that preserving the integrity of specific genomes is only a mean...

This paper argues that epistemic errors rooted in group- or identity- based biases, especially those pertaining to disability, are undertheorized in the literature on medical error. After sketching dominant taxonomies of medical error, we turn to the field of social epistemology to understand the role that epistemic schemas play in contributing to medical errors that disproportionately affect patients from marginalized social groups. We examine the effects of this unequal distribution through a detailed case study of ableism. There are four primary (...) mechanisms through which the epistemic schema of ableism distorts communication between nondisabled physicians and disabled patients: testimonial injustice, epistemic overconfidence, epistemic erasure, and epistemic derailing. Measures against epistemic injustices in general and against schema-based medical errors in particular are ultimately issues of justice that must be better addressed at all levels of health care practice. (shrink)

A spellbinding look at the philosophical and moral implications of animal dreaming Are humans the only dreamers on Earth? What goes on in the minds of animals when they sleep? When Animals Dream brings together behavioral and neuroscientific research on animal sleep with philosophical theories of dreaming. It shows that dreams provide an invaluable window into the cognitive and emotional lives of nonhuman animals, giving us access to a seemingly inaccessible realm of animal experience. David Peña-Guzmán uncovers evidence of (...) animal dreaming throughout the scientific literature, suggesting that many animals run “reality simulations” while asleep, with a dream-ego moving through a dynamic and coherent dreamscape. He builds a convincing case for animals as conscious beings and examines the thorny scientific, philosophical, and ethical questions it raises. Once we accept that animals dream, we incur a host of moral obligations and have no choice but to rethink our views about who animals are and the interior lives they lead. A mesmerizing journey into the otherworldly domain of nonhuman consciousness, When Animals Dream carries profound implications for contemporary debates about animal cognition, animal ethics, and animal rights, challenging us to regard animals as beings who matter, and for whom things matter. (shrink)

This article highlights the mathematical structure of Henri Bergson’s method. While Bergson has been historically interpreted as an anti-scientific and irrationalist philosopher, he modeled his philosophical methodology on the infinitesimal calculus developed by Leibniz and Newton in the seventeenth century. His philosophy, then, rests on the science of number, at least from a methodological standpoint. By looking at how he conscripted key mathematical concepts into his philosophy, this article invites us to re-imagine Bergson’s place in the history of Western philosophy.

Many people believe that only humans have the cognitive and behavioral capacities needed for suicidal behavior, such as reflexive subjectivity, free will, intentionality, or awareness of death. Three counterarguments — based on (i) negative emotions and psychopathologies among nonhuman animals, (ii) the nature of self-destructive behavior, and (iii) the problem of model fidelity in suicide research — suggest that self-destructive and self-injurious behaviors among human and nonhuman animals vary along a continuum.

The authors adopt a critico-sociological methodology to investigate the current state of the philosophical profession. According to them, the question concerning the status of philosophy cannot be answered from within the precinct of philosophical reason alone, since philosophy—understood primarily as a profession—is marked by a constitutive type of self-ignorance that prevents it from reflecting upon its own sociological conditions of actuality. This ignorance, which is both cause and effect of the organization and investment of philosophical desire, causes philosophers to lose (...) themselves in an ideological myth ”) according to which philosophers are unaffected by the material conditions in which they exist. This myth prevents philosophers from noticing the extent to which their activity is influenced by extra-philosophical determinants that shape, empirically, who becomes a professional philosopher and who doesn't. This article explores the relationship between philosophy's “idea” and its “imago” as a way of shedding light on some of the mechanisms that make philosophy inhospitable for so many women, people of color, and economic minorities. (shrink)

This article reflects upon the state of the philosophical profession vis‐à‐vis a close reading of the hoax perpetrated against the International Journal of Badiou Studies in 2016. This hoax is not a subversive act of disciplinary criticism (as the hoaxers contend). Rather, it is a poorly disguised attempt to enforce a partisan and myopic conception of philosophy and to delegitimize an entire subfield of philosophical production—namely, continental philosophy. The hoax is symptomatic of a deeper problem that plagues the profession today: (...) the willingness exhibited by many philosophers to police the boundaries of the discipline by engaging in what we call “acts of force.” The prevalence of acts of force demonstrates that professional philosophy is shaped not only by the giving and taking of reasons but also by shopworn disciplinary tribalisms (for example, continental versus analytic) and asymmetrical power relations involving agents with unequal amounts of social, professional, and philosophical capital. (shrink)

This article investigates the historical and philosophical background of the French tradition of historical epistemology. As a sort of ‘historical epistemology of historical epistemology,’ it traces some of the forces, incidents, and events that made possible the emergence of a new way of doing epistemology in the first half of the twentieth century in France. Three developments that occupy a position privilege in this narrative are: the collapse of German idealism, the birth of French positivism, and what the author calls (...) ‘the crisis in the theory of science’ that swept over Europe in the early 1900s. These developments suggest that the emergence and development of historical epistemology was the effect of changes internal to the history of Western philosophy as much as a function of changes external to this history. (shrink)

Inspired by the genetic phenomenology of Maurice Merleau-Ponty and the historical epistemology of Georges Canguilhem, this paper defends a theory of normativity grounded in pathos rather than logos. Proceeding from the double assumption that accounts of the origins of normativity circulated in antiquity and modernity are unsatisfactory, and the determinacy of norms remains a central problem not only for moral theory but also for epistemology, political theory, and even medicine, the author contends that the realm of lived experience can help (...) us furnish determinate though often pre-thetic norms that can underwrite or justify “non-moral normative distinctions,” such as the distinction between the just and the unjust in political theory and the distinction between the normal and the pathological in medicine. With the aid of comparative and hermeneutic analysis, the author establishes that Merleau-Ponty’s Phenomenology of Perception shares with Canguilhem’s The Normal and the Pathological a similar understanding of the norming and normative character of subjective experience and, moreover, that in these works one can find a “pathic” theory of norms that can give us, as the author puts it, “a new foundation for the very possibility of critique” in our post-Enlightenment moment. (shrink)

This article offers a systematic treatment of Beauvoir's reading of biology in The Second Sex. Following Gatens 's suggestion that this chapter has not received the scholarly consideration it demands and deserves, it explains key aspects of Beauvoir's relationship to biological reason by re-telling the story of Beauvoir's early life from the perspective of her scientific education, rationally reconstructing her argument in the chapter on "Biological Data," and exploring the philosophical orientation of her argument using the Frankfurt School model of (...) 'immanent critique.' By illuminating Beauvoir's reading of biology, this article contributes to our understanding of her philosophy while also deflating the widespread assumption that existentialist philosophy is inherently 'anti-science.'. (shrink)

The article examines the ethics and politics of international gestational surrogacy contracts through a three-dimensional framework that combines political accounts of framework precariousness, accounts of norm incompatibility in contracting scenarios, and feminist accounts of domination. This framework, which can be applied to a host of contemporary bioethical controversies, articulates the ways in which individuals' medical experiences are shaped and determined by social structures that lie beyond their field of control, thus pushing feminist bioethics toward closer collaboration with legal and political (...) theory. (shrink)

While there are important tensions between French historical epistemology and classical phenomenology as modes of thought, fixation on these differences has obstructed recognition of their similarities. Using the writings of Jean Cavaillès and Gaston Bachelard as case studies, this chapter shows that historical epistemology may be read as simultaneously critiquing and expanding the phenomenological project originated by Husserl in the early twentieth century. The author rebuffs the widespread conception that historical epistemology is phenomenology’s ‘Other’ and calls for further research on (...) their historical and philosophical relationships. (shrink)

Inspired by the genetic phenomenology of Maurice Merleau-Ponty and the historical epistemology of Georges Canguilhem, this paper defends a theory of normativity grounded in pathos rather than logos. Proceeding from the double assumption that accounts of the origins of normativity circulated in antiquity and modernity are unsatisfactory, and the determinacy of norms remains a central problem not only for moral theory but also for epistemology, political theory, and even medicine, the author contends that the realm of lived experience can help (...) us furnish determinate though often pre-thetic norms that can underwrite or justify “non-moral normative distinctions,” such as the distinction between the just and the unjust in political theory and the distinction between the normal and the pathological in medicine. With the aid of comparative and hermeneutic analysis, the author establishes that Merleau-Ponty’s Phenomenology of Perception shares with Canguilhem’s The Normal and the Pathological a similar understanding of the norming and normative character of subjective experience and, moreover, that in these works one can find a “pathic” theory of norms that can give us, as the author puts it, “a new foundation for the very possibility of critique” in our post-Enlightenment moment. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. We reject arbitrary distinctions that deny adequate protections to other animals who share with protected humans relevantly similar vulnerabilities to harms and relevantly similar interests in avoiding such harms. We strongly urge this Court, in keeping with the best philosophical standards of rational judgment and ethical standards of justice, to recognize that, as a nonhuman person, Happy should be (...) released from her current confinement and transferred to an appropriate elephant sanctuary, pursuant to habeas corpus. (shrink)

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s personhood.

Curiously, while the efficacy of the arts for the development of multicultural understandings has long been theorized, empirical studies of this effect have been lacking. This essay recounts our combined empirical and philosophical study of this issue. We explicate the philosophical considerations that shaped the development of the arts course we studied, which was grounded in rather traditional humanist educational thought, informed by Deweyan considerations for pedagogy and multiculturalism. We also provide an overview of the course and of the study (...) design: the ways in which the course worked to teach aesthetic theory through a combination of popular and canonical works, and the ways in which it sought to instill a sense of cross-cultural appreciation and solidarity among students through the inclusion of art from different cultures and generations. We then share our research findings and our return to the realm of philosophy to interpret them. Our postcolonial analysis incorporates emerging discussions of the arts as a tool for resistance and dialogue within the system of public education, and revisit and reconsider the very concept of education for pluralistic democracy. This approach problematizes traditional conceptions of pluralism, in which an attempt is made to dissolve difference in a common understanding, and instead advocates that works from among the contemporary popular arts and works drawn from the artistic “canon” alike must be considered and employed for their instrumental value to the educational process—especially for their ability to prompt an intersubjectivity that is accompanied by a heightened awareness of difference. (shrink)

Curiously, while the efficacy of the arts for the development of multicultural understandings has long been theorized, empirical studies of this effect have been lacking. This essay recounts our combined empirical and philosophical study of this issue. We explicate the philosophical considerations that shaped the development of the arts course we studied, which was grounded in rather traditional humanist educational thought, informed by Deweyan considerations for pedagogy and multiculturalism. We also provide an overview of the course and of the study (...) design: the ways in which the course worked to teach aesthetic theory through a combination of popular and canonical works, and the ways in which it sought to instill a sense of cross-cultural appreciation and solidarity among students through the inclusion of art from different cultures and generations. We then share our research findings and our return to the realm of philosophy to interpret them. Our postcolonial analysis incorporates emerging discussions of the arts as a tool for resistance and dialogue within the system of public education, and revisit and reconsider the very concept of education for pluralistic democracy. This approach problematizes traditional conceptions of pluralism, in which an attempt is made to dissolve difference in a common understanding, and instead advocates that works from among the contemporary popular arts and works drawn from the artistic “canon” alike must be considered and employed for their instrumental value to the educational process—especially for their ability to prompt an intersubjectivity that is accompanied by a heightened awareness of difference. (shrink)

A letter to The Times of London, May 9, 1992 protesting the Cambridge University proposal to award an honorary degree to M. Jacques Derrida.

Can new technology enhance purpose-driven, democratic dialogue in groups, governments, and societies? Online Deliberation: Design, Research, and Practice is the first book that attempts to sample the full range of work on online deliberation, forging new connections between academic research, technology designers, and practitioners. Since some of the most exciting innovations have occurred outside of traditional institutions, and those involved have often worked in relative isolation from each other, work in this growing field has often failed to reflect the full (...) set of perspectives on online deliberation. This volume is aimed at those working at the crossroads of information/communication technology and social science, and documents early findings in, and perspectives on, this new field by many of its pioneers. -/- CONTENTS: -/- Introduction: The Blossoming Field of Online Deliberation (Todd Davies, pp. 1-19) -/- Part I - Prospects for Online Civic Engagement -/- Chapter 1: Virtual Public Consultation: Prospects for Internet Deliberative Democracy (James S. Fishkin, pp. 23-35) -/- Chapter 2: Citizens Deliberating Online: Theory and Some Evidence (Vincent Price, pp. 37-58) -/- Chapter 3: Can Online Deliberation Improve Politics? Scientific Foundations for Success (Arthur Lupia, pp. 59-69) -/- Chapter 4: Deliberative Democracy, Online Discussion, and Project PICOLA (Public Informed Citizen Online Assembly) (Robert Cavalier with Miso Kim and Zachary Sam Zaiss, pp. 71-79) -/- Part II - Online Dialogue in the Wild -/- Chapter 5: Friends, Foes, and Fringe: Norms and Structure in Political Discussion Networks (John Kelly, Danyel Fisher, and Marc Smith, pp. 83-93) -/- Chapter 6: Searching the Net for Differences of Opinion (Warren Sack, John Kelly, and Michael Dale, pp. 95-104) -/- Chapter 7: Happy Accidents: Deliberation and Online Exposure to Opposing Views (Azi Lev-On and Bernard Manin, pp. 105-122) -/- Chapter 8: Rethinking Local Conversations on the Web (Sameer Ahuja, Manuel Pérez-Quiñones, and Andrea Kavanaugh, pp. 123-129) -/- Part III - Online Public Consultation -/- Chapter 9: Deliberation in E-Rulemaking? The Problem of Mass Participation (David Schlosberg, Steve Zavestoski, and Stuart Shulman, pp. 133-148) -/- Chapter 10: Turning GOLD into EPG: Lessons from Low-Tech Democratic Experimentalism for Electronic Rulemaking and Other Ventures in Cyberdemocracy (Peter M. Shane, pp. 149-162) -/- Chapter 11: Baudrillard and the Virtual Cow: Simulation Games and Citizen Participation (Hélène Michel and Dominique Kreziak, pp. 163-166) -/- Chapter 12: Using Web-Based Group Support Systems to Enhance Procedural Fairness in Administrative Decision Making in South Africa (Hossana Twinomurinzi and Jackie Phahlamohlaka, pp. 167-169) -/- Chapter 13: Citizen Participation Is Critical: An Example from Sweden (Tomas Ohlin, pp. 171-173) -/- Part IV - Online Deliberation in Organizations -/- Chapter 14: Online Deliberation in the Government of Canada: Organizing the Back Office (Elisabeth Richard, pp. 177-191) -/- Chapter 15: Political Action and Organization Building: An Internet-Based Engagement Model (Mark Cooper, pp. 193-202) -/- Chapter 16: Wiki Collaboration Within Political Parties: Benefits and Challenges (Kate Raynes-Goldie and David Fono, pp. 203-205) -/- Chapter 17: Debian’s Democracy (Gunnar Ristroph, pp. 207-211) -/- Chapter 18: Software Support for Face-to-Face Parliamentary Procedure (Dana Dahlstrom and Bayle Shanks, pp. 213-220) -/- Part V - Online Facilitation -/- Chapter 19: Deliberation on the Net: Lessons from a Field Experiment (June Woong Rhee and Eun-mee Kim, pp. 223-232) -/- Chapter 20: The Role of the Moderator: Problems and Possibilities for Government-Run Online Discussion Forums (Scott Wright, pp. 233-242) -/- Chapter 21: Silencing the Clatter: Removing Anonymity from a Corporate Online Community (Gilly Leshed, pp. 243-251) -/- Chapter 22: Facilitation and Inclusive Deliberation (Matthias Trénel, pp. 253-257) -/- Chapter 23: Rethinking the ‘Informed’ Participant: Precautions and Recommendations for the Design of Online Deliberation (Kevin S. Ramsey and Matthew W. Wilson, pp. 259-267) -/- Chapter 24: PerlNomic: Rule Making and Enforcement in Digital Shared Spaces (Mark E. Phair and Adam Bliss, pp. 269-271) -/- Part VI - Design of Deliberation Tools -/- Chapter 25: An Online Environment for Democratic Deliberation: Motivations, Principles, and Design (Todd Davies, Brendan O’Connor, Alex Cochran, Jonathan J. Effrat, Andrew Parker, Benjamin Newman, and Aaron Tam, pp. 275-292) -/- Chapter 26: Online Civic Deliberation with E-Liberate (Douglas Schuler, pp. 293-302) -/- Chapter 27: Parliament: A Module for Parliamentary Procedure Software (Bayle Shanks and Dana Dahlstrom, pp. 303-307) -/- Chapter 28: Decision Structure: A New Approach to Three Problems in Deliberation (Raymond J. Pingree, pp. 309-316) -/- Chapter 29: Design Requirements of Argument Mapping Software for Teaching Deliberation (Matthew W. Easterday, Jordan S. Kanarek, and Maralee Harrell, pp. 317-323) -/- Chapter 30: Email-Embedded Voting with eVote/Clerk (Marilyn Davis, pp. 325-327) -/- Epilogue: Understanding Diversity in the Field of Online Deliberation (Seeta Peña Gangadharan, pp. 329-358). -/- For individual chapter downloads, go to odbook.stanford.edu. (shrink)

Al lector se le ofrece en esta antología de trabajos un dialogo interdisciplinar bajo la rubrica de una filosofía de la medicina. La elaboración de esta obra ha sido posible gracias a las aportaciones tan versátiles que el Seminario de Epistemología de las Ciencias de la Salud (SECS) acogió en su programa transversal: donde se trataba de articular aquello que hemos venido llamando una filosofía de la medicina en concreto y una filosofía de las ciencias de la salud en general. (...) Con el propósito de emplazar la filosofía de la medicina dentro del conjunto de campos que puedan adscribirse a las ciencias de la salud, esta antología se divide en cuatro bloques en los que se figura: el horizonte temático de la filosofía de la medicina, un análisis exhaustivo sobre el abordamiento metodológico en las ciencias de la salud, el estado de la cuestión sobre los debates concurridos en torno a la definición de la enfermedad y el estudio pormenorizado de los presupuestos del modelo biomédico. En este primer bloque: Filosofía de la medicina: estado del arte, la tarea de responder una serie de preguntas que permita delimitar el mapa de este campo de investigación con respecto a otros. ¿Qué hace a la filosofía de la medicina un campo autónomo de investigación? ¿Cuál es el conjunto de problemas que aborda la filosofía de la medicina? ¿Qué subcampos conforman, en la actualidad, a esta disciplina? El segundo bloque que compone esta antología, se da comienzo al estudio de la epistemología y metodología de la ciencias de la salud. Atocha Aliseda, Rodrigo Itzamna Fuentes y Fernanda Samaniego realizarán en sus trabajos una tarea tentativa, pero metodológicamente sugerente, de destacar actividades cognitivas específicas para la resolución de problemas en terreno clínico. Sobre la caracterización de enfermedad: disfunción biológica y sobrediagnóstico es el título de nuestro tercer bloque; donde Mariana Salcedo y Adriana Murguía analizan los diferentes debates surgidos sobre la concepción -tan escurridiza- de enfermedad. El cuarto y último bloque se divide entre los trabajos de Marcia Villanueva, David Fajardo-Chica y David Servín Hernández, en los que se realizará una reflexión de la deshumanización en la práctica de la medicina, el sufrimiento al final de la vida y la práctica clínica en el modelo biomédico actual. (shrink)

We give topological characterizations of filters${\cal F}$onωsuch that the Mathias forcing${M_{\cal F}}$adds no dominating reals or preserves ground model unbounded families. This allows us to answer some questions of Brendle, Guzmán, Hrušák, Martínez, Minami, and Tsaban.

This text addresses the profound human questions of love and work. Beginning with a historical introduction, the author progresses through adaptive problems that humans face, and concludes by showing how evolutionary psychology encompasses all branches of psychology.

In this paper I attempt to address what appears to be a novel theoretical and practical problem concerning physician-assisted suicide (PAS). This problem arises out of a newly created set of circumstances in which persons are hospitalized in jurisdictions where PAS, though now legally available to patients, remains morally contentious. When moral disagreements over PAS come to divide physicians, patients, and family members, it is quite likely they will today find their way to the hospital’s consulting ethicist, a member of (...) an emerging group of professionals charged with the responsibility (so we are told) of resolving moral conflict in the clinic. What can or should an ethics consultant do to fulfill this mandate in such circumstances? I argue that the now predominant conception of clinical ethics consultation is importantly deficient in that it provides no final guidance to ethicists on how they should respond in such cases. The ethicist may only recommend—or assist others to reach—solutions to moral disagreements falling within the limits of established norms. Since the normative landscape of PAS appears to be changing, whether it falls within these limits is unsettled. I conclude that the accepted goals of ethics consultation require a revised and expanded conception of the ethicist's role in cases involving PAS. I close by outlining what that revised understanding would look like and the further questions it raises. (shrink)

In this chapter I consider the narrow and wider benefits of permitting assisted dying in the specific context of organ donation and transplantation. In addition to the commonly used arguments, there are two other neglected reasons for permitting assisted suicide and/or euthanasia: assisted dying enables those who do not wish to remain alive to prolong the lives of those who do, and also allows many more people to fulfill their wish to donate organs after death. In the first part of (...) this chapter I explore the possibility of allowing those who die with assistance to donate their organs and the potential benefits of doing so in countries where some form of assisted dying is legal; in the second part I consider the added force that organ donation considerations bring to the argument in favour of legalizing assisted dying in countries where such practices remain forbidden. (shrink)

Contemporary mate preferences can provide important clues to human reproductive history. Little is known about which characteristics people value in potential mates. Five predictions were made about sex differences in human mate preferences based on evolutionary conceptions of parental investment, sexual selection, human reproductive capacity, and sexual asymmetries regarding certainty of paternity versus maternity. The predictions centered on how each sex valued earning capacity, ambition— industriousness, youth, physical attractiveness, and chastity. Predictions were tested in data from 37 samples drawn from (...) 33 countries located on six continents and five islands. For 27 countries, demographic data on actual age at marriage provided a validity check on questionnaire data. Females were found to value cues toresource acquisitionin potential mates more highly than males. Characteristics signalingreproductive capacitywere valued more by males than by females. These sex differences may reflect different evolutionary selection pressures on human males and females; they provide powerful cross-cultural evidence of current sex differences in reproductive strategies. Discussion focuses on proximate mechanisms underlying mate preferences, consequences for human intrasexual competition, and the limitations of this study. (shrink)

The emphasis is always on the arguments used, and the way one position develops from another. By the end of the book the reader is afforded both a grasp of the state of the controversy, and how we got there.

The model of clinical ethics consultation (CEC) defended in the ASBH Core Competencies report has gained significant traction among scholars and healthcare providers. On this model, the aim of CEC is to facilitate deliberative reflection and thereby resolve conflicts and clarify value uncertainty by invoking and pursuing a process of consensus building. It is central to the model that the facilitated consensus falls within a range of allowable options, defined by societal values: prevailing legal requirements, widely endorsed organizational policies, and (...) professional standards of practice and codes of conduct. Moreover, the model stipulates that ethics consultants must refrain from giving substantive recommendations regarding how parties to a moral disagreement in the clinic should evaluate their options. We argue that this model of CEC is incomplete, because it wrongly assumes that what counts as the proper set of allowable options among which the parties are to deliberate will itself always be clearly discernible. We illustrate this problem with a recent case on which one of us consulted—a neonate born with trisomy 18 (T18). We try to show that law, policy, and standards of practice reveal no clear answer to the question posed by the case: namely, whether forgoing gastrostomy tube feedings for a baby with T18 is allowable. We suggest there may be other kinds of cases in which it may simply be unsettled whether a given choice falls within the set of allowable options within which consensus is to be facilitated. What should an ethicist do when confronting such unsettled cases? We agree with the facilitation model that an ethicist should remain neutral among the allowable options, when it is clear what the allowable options are. But, in unsettled cases, the role of a consultant should be expanded to include a process of moral inquiry into what the allowable options should be. We end by raising the issue of whether this means an ethicist should share his or her own conclusions or views about the allowability of a given clinical option. (shrink)

One phenomenon pertains roughly to being awake. A person or other creature is conscious when it's awake and mentally responsive to sensory input; otherwise it's unconscious. This kind of consciousness figures most often in everyday discourse.

In considering the nature of properties four controversial decisions must be made. (1) Are properties universals or tropes? (2) Are properties attributes of particulars, or are particulars just bundles of properties? (3) Are properties categorical (qualitative) in nature, or are they powers? (4) If a property attaches to a particular, is this predication contingent, or is it necessary? These choices seem to be in a great degree independent of each other. The author indicates his own choices.

PHILOSOPHICAL PROBLEMS IN THE LAW is the perfect introduction to the philosophy of law. This collection of articles and cases helps you consider philosophical problems associated with the law through examples, case studies, and decision scenarios. Case examples and recent decisions such as Boumediene v. Bush (rights of Guantanamo detainees) and Brown v. Entertainment Merchants Association (freedom of expression and violent video games) coupled with new readings help you see the real-world relevance of what you are learning.