The principle of exchange seems to be limited in its application, and it cannot serve as a link between utilitarianism and the idea of a market for interpersonal relations. Our preferences concern the inner states of other people as well as their overt behavior. The neglect of this aspect of our preferences is a result of the coupling of utilitarianism with behaviorism. The problem is thus behaviorism, not consequentialism. It might be argued that commensurability is wrong because it sanctions impure (...) practices - aside from any principle of exchange. In reply, it may be argued that the principle of purity is an intuitive one, which must be justified at a higher level. At the intuitive level, the purity principle competes with the view that practices are in some cases too pure already, and that blind purity cannot be maintained without educational deception. The apparent difficulty of making tradeoffs among different kinds of consequences is a problem in practice, not a problem in principle. The difficulty may indeed justify certain prescriptive rules, but a blanket prohibition against impure practices would seem to require considerable defense. (shrink)

Inherent in providing healthcare for youth lie tensions among best interests, decision-making capacity, rights, and legal authority. Transgender youth experience barriers to needed gender-affirming care, often rooted in ethical and legal issues, such as healthcare provider concerns regarding youth capacity and rights to consent to hormone therapy. Even when decision-making capacity is present, youth may lack the legal authority to give consent. The aims of this paper are therefore to provide an empirical analysis of minor trans youth capacity to consent (...) to hormone therapy and to address the normative question of whether there is ethical justification for granting trans youth the authority to consent to this care. Through qualitative content analysis of interviews with trans youth, parents, and healthcare providers, we found that trans youth demonstrated the understandings and abilities characteristic of the capacity to consent to hormone therapy and that they did consent to hormone therapy with positive outcomes. Employing deontological and consequentialist reasoning and drawing on a foundation of empirical evidence, human rights, and best interests we conclude that granting trans youth with decisional capacity both the right and the legal authority to consent to hormone therapy via the informed consent model of care is ethically justified. (shrink)

Deux ouvrages récents permettent d’analyser les rapports de la philosophie aux expériences humaines extrêmes : celui de Stéphane Madelrieux sur les « expériences radicales » et celui d’Agata Zielinski sur les « situations extrêmes ».

The effectiveness of information retrieval technology in electronic discovery (E-discovery) has become the subject of judicial rulings and practitioner controversy. The scale and nature of E-discovery tasks, however, has pushed traditional information retrieval evaluation approaches to their limits. This paper reviews the legal and operational context of E-discovery and the approaches to evaluating search technology that have evolved in the research community. It then describes a multi-year effort carried out as part of the Text Retrieval Conference to develop evaluation methods (...) for responsive review tasks in E-discovery. This work has led to new approaches to measuring effectiveness in both batch and interactive frameworks, large data sets, and some surprising results for the recall and precision of Boolean and statistical information retrieval methods. The paper concludes by offering some thoughts about future research in both the legal and technical communities toward the goal of reliable, effective use of information retrieval in E-discovery. (shrink)

Part I raises some questions concerning the extent of our freedom on the view that Henry Allison's Kant's Theory of Freedom attributes to Kant, and the possibility, on that view, of weakness of will. Allison is correct to attribute to Kant the "Incorporation Thesis": one is never compelled to do x just because one has a desire (even a very intense desire) to do x; a desire moves one to action only if one allows it to. But while the attribution (...) seems correct, there is a puzzle: how, given the Incorporation Thesis, is weakness of will, or "frailty", possible? Part II considers Kant's claim in The Doctrine of Virtue that we have an indirect duty to cultivate our sympathetic feelings. Allison's interpretation is unsatisfactory because it fails to steer clear of the "impurity" problem: the interpretation seems to foist on Kant an endorsement of impurity, i.e. the seeking out of nonmoral reasons to induce one to do one's duty. To seek out such reasons is to cultivate an impure will, something Kant warns against. A different interpretation is offered. (shrink)

. Whether to use privileged information as a basis for a decision to sell stock is the central issue in thiscase. A conflict between a stockbrokers perceived obligations to maximize clients stock values and protect their investments (fiduciary responsibility) and violating Security and Exchange Commission insider trading regulations must be resolved.

.Whether to use privileged information as a basis for a decision to sell stock is the central issue in this␣case. A conflict between a stockbroker’s perceived obligations to maximize clients stock values and protect their investments and violating Security and Exchange Commission insider trading regulations must be resolved.

The Cove, Mine, and Food, INC. each use the documentary genre to advocate for change, whether in regards to mass wild animal kills, companion animals in natural disasters, or the modern food industry. The films, however, present views of human-nonhuman animal relations that vary greatly. Where The Cove regards dolphins as beings who deserve freedom, Mine explores the view of companion animals as property. Food, INC., finally, treats farm animals solely as a food source.

The present paper is a commentary on an article by Drew Leder [1]. Leder identifies a series of texts in the clinical encounter, emphasizes the central role of interpretation in making sense of each of these texts, and articulates ordering principles to guide the interpretive work.The metaphor of clinical work as textual explication, however, creates the expectation that there is a text somewhere to be found. Such an expectation invites doctors and patients to search for the text and runs the (...) risk of conceptualizing patients as more static than they are. If one is to use the textual metaphor, one must appreciate the radical extent to which the clinical encounter is a mutually produced and shifting entity. The qualities of mutuality and indeterminacy are not those one usually associates with texts. One might ultimately be better served by a different metaphor based more directly on uncertainty. (shrink)

A long-standing observation about the interface between emotion and language is that positive words are used more frequently than negative ones, leading to the Pollyanna hypothesis which alleges a predominantly optimistic outlook in humans. This paper uses the largest available collection of affective ratings as well as insights from linguistics to revisit the Pollyanna hypothesis as it relates to two dimensions of emotion: valence (pleasantness) and arousal (intensity). We identified systematic patterns in the distribution of words over a bi-dimensional affective (...) space, which (1) run counter to and supersede most prior accounts, and (2) differ drastically between word types (unique, distinct words in the lexicon) and word tokens (number of occurrences of available words in the lexicon). We argue for two factors that shape affect in language and society: a pro-social benevolent communication strategy with its emphasis on useful and dangerous phenomena, and the structure of human subjective perception of affect. (shrink)

To promote ethical practices, healthcare managers must understand the ethical challenges encountered by key stakeholders. To characterize ethical challenges in Veterans Administration facilities from the perspectives of managers, clinicians, patients, and ethics consultants. We conducted focus groups with patients and managers ; semi-structured interviews with managers, clinicians, and ethics committee chairpersons. Data were analyzed using content analysis. Managers reported that the greatest ethical challenge was fairly distributing resources across programs and services, whereas clinicians identified the effect of resource constraints on (...) patient care. Ethics committee chairpersons identified end-of-life care as the greatest ethical challenge, whereas patients identified obtaining fair, respectful, and caring treatment. Perspectives on ethical challenges varied depending on the respondent's role. Understanding these differences can help managers take practical steps to address these challenges. Further, ethics committees seemingly, are not addressing the range of ethical challenges within their institutions. (shrink)

This article considers the application of utilitarian and deontological theories to questions that arise in the conduct of government, including whether a government may mislead the public without actually lying, how far civil servants should maintain political neutrality, whether civil servants should leak information to the press, and whether a government should avoid getting legal advice that it might not like.

This analysis comes from a philosophical glance at Aristophanic comedy, where the problem seems to move towards universality of poetry. The common manner to face this problem is getting close to the concepts of learning and inference, introduced in the field of a sort of action or a sort of character without consideration for the Aristotle’s horizon of the poetic research télos, érgon, oikeía hedone and katharsis, or the Greek theatrical-poetic representation as an autonomous form of universal mythos. The underestimation (...) of the comic genre has centered the research upon Aristophanes in the fields of politics, philology and history, but seldom philosophy. (shrink)

Reality Making By JagoMarkOxford University Press, 2016, vi + 200 pp.

Richard Lennan’s Tilling the Church treats ecclesial conflict, the possibility of change, and the tensions involved. He acknowledges the resistance to development within the Church’s structures. This resistance helps to explain the church’s distrust of women, which frustrates many Catholics. Cornell philosopher Kate Manne puts resistance to change in context by describing the social expectations of women, by showing that those who resist change feel entitled to do so, and by revealing how victimization is legitimated. “Tilling the church” is an (...) apt metaphor for transformation that does not sufficiently appreciate socially-mediated systems of privilege and vulnerability. (shrink)

To the person unfamiliar with the wide variety of street art, the term “street artist” conjures a young man furtively sneaking around a decaying city block at night, spray paint in hand, defacing concrete structures, ears pricked for police sirens. The possibility of the ethical criticism of street art on such a conception seems hardly worth the time. This has to be an easy question. Street art is vandalism; vandalism is causing the intentional damage or destruction of someone else’s property; (...) causing destruction or damage is wrong. The only remaining question is which of two coarse-grained models of ethical criticism we choose. The ethicist model holds that a work of art that exhibits ethically bad properties is a work that is thereby aesthetically flawed. That is, the work is flawed as a work of art just because of its ethical flaws. Bad ethics make art worse than it otherwise would have been, although it may be aesthetically successful otherwise. The autonomist model, by contrast, holds that the ethical properties of a work of art have no bearing at all on its aesthetic success. One might suppose, therefore, that on either model, a criticism of street art would be relatively easy to undertake. In defacing public property, some street art exhibits and endorses ethically bad attitudes. On the ethicist model, such a work is thereby pro tanto aesthetically flawed because in the process of creating such works, they violate ethical norms concerning the use of public spaces; on the autonomous model, any ethical criticism of the aesthetics of street art would need to be set aside entirely in favor of criticism that focused purely on the aesthetic properties of street art. I will argue in this paper that neither the ethicist nor the autonomist model adequately captures the moral landscape of street art. Street art may indeed be criticized productively on aesthetic grounds for the destruction it does to public spaces, but the existing models of ethical criticism overlook the complex ethical landscape of street art that results from its use of public spaces. In the interplay of various forms of street art we can see the emergence of an ethical criticism of art that is accomplished by the material properties of related artwork, and consists in the creation of a dialogue over the proper use of contested public spaces. (shrink)