The development of ethical guidelines and regulations regarding human subjects research has focused upon protection of vulnerable populations by relying on a limited typology of vulnerabilities. This results in several challenges: First, Institutional Review Boards struggle to interpret and apply the regulations because they are often vague and inconsistent. Second, applying the regulations to subjects who fit within multiple categories of vulnerability can lead to contradictions and the rejection of research that would be permissible if only one category were applicable. (...) Finally, some potential subjects have social and other context-based vulnerabilities that are not described in the federal regulations... (shrink)
Developing a care plan in a critical care context can be challenging when the therapeutic alliance between clinicians and families is compromised by anger. When these cases occur, clinicians often turn to clinical ethics consultants to assist them with repairing this alliance before further damage can occur. This paper describes five different reasons family members may feel and express anger and offers concrete strategies for clinical ethics consultants to use when working with angry families acting as surrogate decision makers for (...) critical care patients. We reviewed records of consults using thematic analysis between January 2015 and June 2016. Each case was coded to identify whether the case involved a negative encounter with an angry family. In our review, we selected 11 cases with at least one of the following concerns or reasons for anger: perceived or actual medical error, concerns about the medical team’s competence, miscommunication, perceived conflict of interest or commitment, or loss of control. To successfully implement these strategies, clinical ethics consultants, members of the medical team, and family members should share responsibility for creating a mutually respectful relationship. (shrink)
Clouser and Gert’s 'A Critique of Principlism’ (1990) has ignited debate over the adequacy of substituting principlism for moral theory as a means for dealing with biomedical dilemmas. Clouser and Gert argue that this sort of substitution is not adequate to the task. I examine their argument in light of recent defences of principlism on this score, those of B. Andrew Lustig (1992), David Degrazia (1992), and Beauchamp and Childress (1994). I argue that both sides in the debate (...) have assumed differing conceptions of a moral theory that virtually guarantee their respective conclusions. These differing conceptions are motivated by antecedent epistemological commitments. The present debate over principlism is therefore inconclusive. Future discussion should focus on the underlying epistemological issues. (shrink)
Andrew Tooke's 1691 English translation of Samuel Pufendorf's De officio hominis et civis, published as The Whole Duty of Man According to the Law of Nature, brought Pufendorf's manual fo statist natural law into English politics at a moment of temporary equilibrium in the unfinished contest between Crown and Parliament for the rights and powers of sovereignty. Drawing on the authors' re-edition of The Whole Duty of Man, this article describes and analyses a telling instance of how--by translation--the core (...) political terms and concepts of the German natural jurist's 'absolutist' formulary were reshaped for reception in the different political culture of late seventeenth-century England. (shrink)
Andrew Collier is the boldest defender of objectivity - in science, knowledge, thought, action, politics, morality and religion. In this tribute and acknowledgement of the influence his work has had on a wide readership, his colleagues show that they have been stimulated by his thinking and offer challenging responses. This wide-ranging book covers key areas with which defenders of objectivity often have to engage. Sections are devoted to the following: 'objectivity of value', 'objectivity and everyday knowledge', 'objectivity in political (...) economy', 'objectivity and reflexivity', 'objectivity, postmodernism and feminism', 'objectivity and nature'. The diverse contributions range from social and political thought to philosophy, reflecting the central themes of Collier's work. (shrink)
We invited five Cavell scholars to write on this topic. What follows is a vibrant exchange among Paola Marrati, Andrew Norris, Jörg Volbers, Cary Wolfe and Thomas Dumm addressing the question whether, in the contemporary political context, Cavell’s skepticism and his Emersonian perfectionism amount to a politics at all.
The Oxford Monographs On Criminal Law And Justice series aims to cover all aspects of criminal law and procedure including criminal evidence. the scope of the series is wide, encompassing both practical and theoretical works. Series Editor: Professor Andrew Ashworth, Vinerian Professor of English Law, All Souls College, Oxford. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays fall into three groups. Part I considers the underlying justifications for the imposition of punishment (...) by the State, and examines the relationship between victims, offenders and the State. Part II addresses a number of areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected. Part III raises various questions about the unequal impact on offenders of different sentencing measures, and examines the extent to which sentences should be adjusted to take account of these different impacts and of broader social inequalities. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection. (shrink)
Book Symposium on Andrew Feenberg’s Between Reason and Experience: Essays in Technology and Modernity Content Type Journal Article Pages 203-226 DOI 10.1007/s13347-011-0017-8 Authors Inmaculada de Melo-Martín, Division of Medical Ethics, Weill Cornell Medical College, New York, NY 10065, USA David B. Ingram, Loyola University Chicago, 6525 North Sheridan Road, Chicago, IL 60626, USA Sally Wyatt, e-Humanities Group, Royal Netherlands Academy of Arts and Sciences (KNAW) & Maastricht University, Cruquiusweg 31, 1019 AT Amsterdam, The Netherlands Yoko Arisaka, Forschungsinstitut für Philosophie (...) Hannover, Gerberstrasse 26, 30169 Hannover, Germany Andrew Feenberg, School of Communication, Simon Fraser University at Harbour Centre, 515 West Hastings Street, Vancouver, BC V6B 5K3, Canada Journal Philosophy & Technology Online ISSN 2210-5441 Print ISSN 2210-5433 Journal Volume Volume 24 Journal Issue Volume 24, Number 2. (shrink)
This important collection of essays by Andrew Feenberg presents his critical theory of technology, an innovative approach to philosophy and sociology of technology based on a synthesis of ideas drawn from STS and Frankfurt School Critical Theory. The volume includes chapters on citizenship, modernity, and Heidegger and Marcuse.
Andrew Wayne discusses some recent attempts to account, within a Bayesian framework, for the "common methodological adage" that "diverse evidence better confirms a hypothesis than does the same amount of similar evidence". One of the approaches considered by Wayne is that suggested by Howson and Urbach and dubbed the "correlation approach" by Wayne. This approach is, indeed, incomplete, in that it neglects the role of the hypothesis under consideration in determining what diversity in a body of evidence is relevant (...) diversity. In this paper, it is shown how this gap can be filled, resulting in a more satisfactory account of the evidential role of diversity of evidence. In addition, it is argued that Wayne's criticism of the correlation approach does not indicate a serious flaw in the approach. (shrink)
In his paper, ‘A critique of religious fictionalism’, Benjamin Cordry raises a series of objections to a fictionalist form of religious non-realism that I proposed in my earlier paper, ‘Can an atheist believe in God?’. They fall into two main categories: those alleging that an atheist would be unjustified in adopting fictionalism, and those alleging that fictionalism could not be successfully implemented, or practised communally. I argue that these objections can be met.
In this essay I describe how contractarianism might approach interspecies welfare conflicts. I start by discussing a contractarian account of the moral status of nonhuman animals. I argue that contractors can agree to norms that would acknowledge the “moral standing” of some animals. I then discuss how the norms emerging from contractarian agreement might constrain any comparison of welfare between humans and animals. Contractarian agreement is likely to express some partiality to humans in a way that discounts the welfare of (...) some or all animals. While the norms emerging from the contract might be silent or inconsistent in some tragic or catastrophic cases, in most ordinary conflicts of welfare, contractors will agree to norms that produce some determinate resolution. What the agreement says can evolve depending upon how the contractors or the circumstances change. I close with some remarks on contractarian indeterminacy. (shrink)
Andrew Dickson White played a pivotal role in constructing the image of a necessary, and even violent, confrontation between religion and science that persists to this day. Though scholars have long acknowledged that his position is more complex, given that White claimed to be saving religion from theology, there has been no attempt to explore what this means in light of his overwhelming attack on existing religions. This essay draws attention to how White's role as a historian was decisive (...) in allowing him to posit a future for religion purified of dogma by science. It argues, furthermore, that this effort is better understood as religious innovation, rather than a plea for strictly secular science. In so doing it hopes to lay the foundation for a more fruitful historical treatment of White, and a range of other figures whose devotion to science has otherwise been difficult to grasp. (shrink)
For many, Thomas Beauchamp and James Childress have elaborated moral reasoning by using the four principles whereby all substantive problems of medical ethics (and of ethics more generally) can be properly analysed and cogent philosophical solutions for the problems can be found. It seems that their ‘principlism’ gets updated, with better features being added during the course of the six editions of Principles of Biomedical Ethics. Nonetheless, Beauchamp and Childress seem to have been losing their way when it (...) comes to the common-morality justification, which is the epistemological (and perhaps metaphysical) backbone of their method, and this is shown more vividly in their most recent (2009) edition of Principles of Biomedical Ethics. The author points out what he calls the problem of ‘thick in status, thin in content’ in principlism. The problem exists because principlism cannot adequately explain how the prescriptive sense of common morality it supports is consistent with the existence of what Beauchamp and Childress call the ‘legitimate moral diversity in the world’. Because of this problem, first, the practical end that principlism allegedly accomplishes (ie, providing practical moral guidelines in a relatively ‘thick’ content, based on common morality) is frustrated, and, second, principlism makes itself the method of common morality de jure and of moral pluralism de facto. (shrink)
Andrew Feenberg's Questioning Technology (1999) is his third book in a series of studies which undertake to provide critical theoretical and democratic political perspectives to engage technology in the contemporary era. In Critical Theory of Technology (1991), Feenberg draws on neo-Marxian and other critical theories of technology, especially the Frankfurt School, to criticize determinist and essentialist theories. In this ground-breaking work (which will go into its second edition in 2001), he discusses both how the labor process, science, and technology (...) are constituted as forms of domination of nature and human beings, and how they could be democratically transformed as part of a program of radical social transformation. In Alternative Modernity (1995), Feenberg turns to focus on constructivist theories and the ways in which individuals and groups can reconstruct technology to make it serve more humane and democratic goals. His most recent book draws on his earlier work while polemically developing his own positions within contemporary debates over technology. (shrink)
This essay examines the funeral sermon given by the Baptist theologian Andrew Fuller for his friend and deacon Beeby Wallis in 1792 as a vantage-point from which to pursue reflection on Fuller’s concept of heaven and the beatific vision. The sermon has two main themes: the rest and rewards of those who die in Christ. The essay examines how Fuller interprets both of these phrases and then, looking at the rest of Fuller’s corpus, notes that ultimately God himself is (...) the believer’s reward. (shrink)
Andrew H. Gleeson has written an essay commenting on an exchange between Dewi Z. Phillips and me, arguing that I was mistaken to dismiss Phillips’ criticism of the standard definition of omnipotence as unsuccessful. Furthermore, he charges Swinburne, me, and analytic theists in general, with an excessive anthropomorphism that obliterates the distinction between Creator and creature. In response, I contend that all of Gleeson’s criticisms are unsound.
These reflections on Andrew Grosso’s recent book Personal Being highlight his philosophical construction of a concept of personhood based on themes from the writings Of Michael Polanyi and his use of this conception to express creatively elements of the traditional Christian doctrines on the trinity. Additional clarifications are sought regarding his formulations on the divine personhood of Jesus, the adequacy of his formulations on the intra-trinitarian relations, and the insightfulness of the absolute personhood of the divine. This study is (...) a helpful model for extending Polanyian insights into the realm of dogmatic theology. (shrink)
What a pleasure to have such subtle thinkers and scholars as Bill Martin and Andrew Cutrofello reflect on the relation of irony and comedy to politics and philosophy through their commentary on my new book. To set the tone, Martin begins with a koan, or a parody of one, “What if a tree told a joke in the woods and there was no one there to hear it?” He means, I believe, to sound a warning on the limits of (...) irony in our serious, or perhaps, Martin would say, our seriously idiotic, times. By the end of his discussion, Martin wonders if perhaps a politics of irony might not lead to greater cynicism in our morally upside-down times and if those Wall Street rip-off artists merit something more than satire—they may .. (shrink)
By what steps, historically, did morality emerge? Our remote ancestors evolved into social animals. Sociality requires, among other things, restraints on disruptive sexual, hostile, aggressive, vengeful, and acquisitive behavior. Since we are innately social and not social by convention, we can assume the biological evolution of the emotional equipment – numerous predispositions to want, fear, feel anxious or secure – required for social living, just as we can assume cultural evolution of various means to control antisocial behavior and reinforce the (...) prosocial kind. Small clans consisting, say, of several extended families whose members cooperated in hunting, gathering, defense, and child-rearing could not exist without a combination of innate and social restraints on individual behavior. I shall argue for a naturalistic theory of morality, by which I do not mean the definitional claims G.E. Moore sought to refute, but a broader and more complex theory that maintains that a sufficient understanding of human nature, history, and culture can fully explain morality; that nothing is left hanging. A theory that coherently brings together the needed biological, psychological, and cultural facts I shall call a philosophical anthropology; it is a theory that: 1) takes the good for humans – both an ultimate good and other important goods – to depend on human nature; 2) argues that a rudimentary but improving scientific and philosophical theory of human nature now exists, and thus denies that people are “essenceless”; 3) takes this theory to be evolutionary and historical, making the question “How did morality originate?” pivotal for ethical theory, but leaves open the empirical question of the relative importance of biological and cultural evolution; and 4) takes the origin of the moral ideas to be explainable in terms of human nature and history. (shrink)
Intellectual historian Andrew Jewett sets an enormous task for himself: to trace the history and context of science and values relations over the course of some hundred-odd years of U.S. history. He does this to further an argument that science was once explicitly connected to the study of human values, and that the story that explains how science became value neutral is a contingent one. It could have happened differently, he argues, and it should have. Furthermore, because that history (...) is contingent, we are free to still change our academic habits and to allow the social sciences to be sciences alongside the natural and physical sciences. The reason this would be worth doing, according to Jewett, is.. (shrink)
In his essay On the History of Religion and Philosophy in Germany, of 1834, Heinrich Heine suggested to his French audience that the German propensity for ‘metaphysical abstractions’ had led many people to condemn philosophy for its failure to have a practical effect, Germany having only had its revolution in thought, while France had its in reality. Heine, albeit somewhat ironically, refuses to join those who condemn philosophy: ‘German philosophy is an important matter, which concerns the whole of humanity, and (...) only the last grandchildren will be able to judge whether we should be blamed or praised for working out our philosophy before our revolution.’ He then makes the following prognosis: the German revolution will not be more mild and more gentle because it was preceded by Kantian critique, Fichtean transcendental idealism and even philosophy of nature. Revolutionary forces have developed via these doctrines which are just waiting for the day when they can break out and fill the world with horror and admiration. … Don't smile at my advice, the advice of a dreamer who warns you about Kantians, Fichteans and philosophers of nature. Don't smile at the fantast who expects the same revolution in the realm of appearance as took place in the realm of spirit. … A play will be performed in Germany in comparison with which the French Revolution could appear just as a harmless idyll. (shrink)
After canvassing with good grace the make-up of cyberspace Andrew Murray wonders, in his recent book The Regulation of Cyberspace, which role traditional lawmakers are left to play in the new cyber-regulatory environment. Murray describes the static `command and control' regulatory model as disruptive and ineffective, and supports instead a dynamic, complimentary, and symbiotic regulatory model, which he presents under the features of an autopoietic environment and systems dynamics theory.Regulatory models, explains Andrew Murray in his recent book The (...) Regulation of Cyberspace, intervene when a `disruptive innovation', such as the Internet, creates a regulatory vacuum. As cyberpaternalists suggest, however, the lack of traditional legal-regulatory control systems does not mean total freedom within cyberspace . On the contrary, as the author contends, `regulators of all forms rush to fill in this vacuum' so that the traditional regulatory mechanism is replaced by private regulatory systems acting, as Joel Reidenberg exposed, as `proxies' to the traditional regulatory system . Murray shares this point, but also gives credit to the views of cyberlibertarians. Cyberlibertarians argue that traditional command and control models are at last ineffective, even when they operate through proxies. In cyberspace, so they claim, regulators and regulatees mingle with each other to such an unheard-of extent that regulatory interventions cannot be effective unless regulatees co-operate actively.In his book, professor Andrew Murray treasures the sound arguments advanced by the cyberlibertarian and cyberpaternalist camps, and draws lessons from both in order to build a dialectic confrontation between static instrument and dynamic instrument thinking in the regulation of cyberspace. He consecrates the pars destruens of his work to explain why lawmakers should eschew the static approach and adheres to the pars construens to expand on a more dynamic and `smarter' regulatory model. (shrink)
During the Cold War, the spread and fear of communism furnished the overarching ideological rationale for American foreign policy and for the deployment of United States military forces and resources. Subscribing to the domino theory and its potential impact on Southeast Asia, the Johnson Administration committed the United States to the Vietnam War. Following the September 11, 2001 attacks on the United States, and the commencement of the Global War on Terrorism, Washington once again set a national agenda rooted in (...) a simplistic analysis reminiscent of Vietnam and the domino theory. Ignorant of Iraq’s mammoth sectarian, historical, ethnic, and global strategic complexities, the Bush Administration launched Operation Iraqi Freedom. The absence of critical analysis, contrarian viewpoints, and sound judgment characterized the US policy and strategy for both the Vietnam War and OIF, exhibiting the lack of moral courage that the national security enterprise seeks, but seldom attains. Faced with this challenge, this article draws attention to the ethical lessons we can learn from the dissent of William Fulbright and Andrew Bacevich. (shrink)
The neuroscientists Eugene d'Aquili and Andrew Newberg, in addition to defending an empirically fruitful model of mystical experiences, argue that such experiences constitute evidence for the existence of a transcendent reality, which they call "Absolute Unitary Being." D'Aquili and Newberg point out that mystical experiences carry with them a vivid sense of reality, and that they involve characteristic forms of brain activity, just like perceptions of objects in ordinary waking consciousness. Their argument for Absolute Unitary Being fails, however, since (...) the vivid sense of reality of an experience is not the sole criterion by which to judge its veridicality, since the object of mystical experiences cannot be confirmed by independent observers, and since there is no evidence for a mechanism by which mystics experience a transcendent reality. (shrink)
This essay explores Heidegger’s “The Origin of the Work of Art” and Andrew Goldsworthy’s artworks. Both Heidegger and Goldsworthy can be seen as refashioning our ontological bearings towards nature through the work of art. After introducing a set of distinctions (e.g., world/earth) in the context of Heidegger’s conception of the artwork as the event of truth, I argue that Heidegger’s releasing of the work of art from metaphysical notions of “the thing” illuminates the ambiguous status of Goldsworthy’s artworks as (...) things. Goldsworthy’s crafting of artworks from natural materials exemplifies Heidegger’s concept of technē as the bringing forth of a work in the midst of phūsis, or beings that arise of their own accord. (shrink)
Andrew Benjamin’s book Disclosing Spaces (2004) presents a theory of painting. The theory is developed via a meticulous analysis of a series of individual artworks. The pivot of Benjamin’s theory of painting is the idea of relationality. The theory is critically reviewed with reference to the works of Edward Hopper, Gerhard Richter and Jacques-Louis David.
A paradox adapted from the well-known ‘paradox of increase’ has been formulated against composite Christology in recent literature. I argue that concrete-composite Christologists can reply by denying the premise that the pre-incarnate divine nature=the Second Person of the Trinity. This denial can be made by modifying a hylomorphic theory of individuals. Using an analogy from material coinciding objects, this modified theory provides an illuminating account of how a person can gain parts over time but remain numerically identical, and it demonstrates (...) that concrete nature and person are not the same thing. (shrink)
Millions of Americans, as well as millions in Europe, have used or will use a library established by Andrew Carnegie. In his lifetime Carnegie gave the equivalent of several billion dollars in today's money to establish 1,689 public libraries in the United States, Hawaii and Puerto Rico. Moreover, 660 libraries in Britain and Ireland, 125 in Canada, 17 in New Zealand, 12 in South Africa and scattered others around the world exist because of this man. 1 And this does (...) not include the extensive positive influence of the foundations and grants established by Carnegie. Aristotle would likely have called him ‘magnificent’. Carnegie had the virtue beyond mere generosity available only to those with the means and position to benefit the polis on a grand scale. Unlike generosity, magnificence involves what Irwin has called ‘the judgment and tact that are needed for large benefactions. 2 Whether ‘magnificent’ or ‘generous’ is a better term for Carnegie's character is not my major concern. Carnegie's recent biographer simply uses ‘generous’. So, for the remainder of this paper, I will use ‘generous’. 3 But was Carnegie, in fact, generous? This paper will explore both the definition of the virtue and its application to Andrew Carnegie. (shrink)
Andrew Reid's essay on the value of education in this journal distinguished the intrinsic features of education from what education is for, the latter being ultimately located in the promotion of personal well-being. At a meta-ethical level, this response accepts Reid's claim about ultimate location, but challenges his view that prudential goods are desire- independent, arguing for a desire-dependent conception based on supra-individual, but not always universal-human, preferences. It also questions his claim that the source of educational value lies (...) in the intrinsic features of education, rejecting the suggestion that epistemological rather ethical considerations should be the starting-point. (shrink)
This paper is a slightly expanded and altered version of comments delivered in response to a paper by Andrew Dilts at the 35th Annual Spindel Conference in Memphis, TN. I focus on the elision of the state in Dilts' paper in order to demonstrate the need for a genealogy that takes seriously the role of sovereignty in constructing the present of trans femmes and trans women of color.