Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining leverage against (...) weak national governments, regional and international regulatory bodies. More recently, the industry has had to contend with another set of challenges that involved treatment of indigenous people and their traditional land rights, fair treatment of workers, human rights abuses, and bribery and corruption involving local officials and political leaders. These challenges currently fall outside the traditional areas of regulation and control. Nevertheless, they pose serious threat to the industry’s business practices because of their global scope, threat to company’s reputation, and long-term risks of political instability leading to increasing cost of capital. Industry has responded to these challenges by creating voluntary codes of conduct that would signify their intent to comply with higher standards of conduct, and assuage public opinion that no further action is called for. These codes, however, lack any monitoring mechanism and reporting integrity to assure the public that the industry members are indeed meeting their commitments. Consequently, pressure on the industry continues unabated and with ever increasing calls for mandatory regulation and oversight. This article examines the activities of one mining company, Freeport-McMoRan Copper & Gold, Inc., which has taken a radically different approach in responding to these challenges at its mining operations in West Papua, Indonesia. While cooperating with industry-based efforts of voluntary codes of conduct, Freeport also initiated a radically different response through its own voluntary code that would directly focus on issues of human rights, treatment of indigenous people on whose traditional land its mine was located; economic development and job creation and, improvements in health, education, and housing facilities, to name a few. Additionally, the company earmarked large sums of money and involved representatives of the indigenous people in their management and disbursement. The company took an even more radical action when it committed itself to independent external audits of the company’s compliance with the code, and that these findings and company’s responses would be made public without prior censorship by the company. We analyze the nature of corporate culture, vision and risk-taking propensities of its management that would impel the company to embark on a high risk strategy whose outcomes could not be predicted with any degree of certainty before the fact. The parent company also had to confront discontent among the management ranks at the mine site because of cultural differences and management styles of expatriates and local (Indonesian) managers. Finally, we discuss in some detail the extensive and intensive character of a two phase audit conducted by the outside monitors, their findings, and the process by which they were implemented and reported to general public. We also evaluate the strengths and challenges posed by such audits, their importance to the company’s future, and how such projects might be undertaken by other companies. (shrink)

In this astonishingly rich volume, experts in ethics, epistemology, philosophy of mind, political theory, aesthetics, history, critical theory, and hermeneutics bring to light the best philosophical scholarship on what is arguably Nietzsche's most rewarding but most challenging text. Including essays that were commissioned specifically for the volume as well as essays revised and edited by their authors, this collection showcases definitive works that have shaped Nietzsche studies alongside new works of interest to students and experts alike. A lengthy introduction, annotated (...) bibliography, and index make this an extremely useful guide for the classroom and advanced research. (shrink)

Wilkinson's (1) critique of psychoanalysis and psychoanalytically oriented psychotherapy is weakened by inconsistent use of crucial terms, a systematically biased selectivity in reviewing empirical evidence and prior debates, and a failure to address issues crucial for a scientific understanding of psychotherapy.

This project continues our interdisciplinary research into computational and cognitive aspects of narrative comprehension. Our ultimate goal is the development of a computational theory of how humans understand narrative texts. The theory will be informed by joint research from the viewpoints of linguistics, cognitive psychology, the study of language acquisition, literary theory, geography, philosophy, and artificial intelligence. The linguists, literary theorists, and geographers in our group are developing theories of narrative language and spatial understanding that are being tested by the (...) cognitive psychologists and language researchers in our group, and a computational model of a reader of narrative text is being developed by the AI researchers, based in part on these theories and results and in part on research on knowledge representation and reasoning. This proposal describes the knowledge-representation and natural-language-processing issues involved in the computational implementation of the theory; discusses a contrast between communicative and narrative uses of language and of the relation of the narrative text to the story world it describes; investigates linguistic, literary, and hermeneutic dimensions of our research; presents a computational investigation of subjective sentences and reference in narrative; studies children’s acquisition of the ability to take third-person perspective in their own storytelling; describes the psychological validation of various linguistic devices; and examines how readers develop an understanding of the geographical space of a story. This report is a longer version of a project description submitted to NSF. This document, produced in May 2007, is a L ATEX version of Technical Report 89-07 (Buffalo: SUNY Buffalo Department of Computer Science, August 1989), with slightly.. (shrink)

In Legality, Scott Shapiro – a leading legal positivist – analyses the problem of a wicked legal system in a way that brings him close to natural law positions. For he argues that a wicked legal system is botched as a legal system and I show that such an argument entails a prior argument that there is some set of standards or criteria internal to law which are both moral and legal. As a result, the more successful a legal (...) order is legally speaking, the better the moral quality of its law, and the more it is a failure morally speaking, the worse the legal quality of its law. It is such moral features of law that Shapiro concedes make it plausible to account for law’s claim to justified authority over its subjects. However, Shapiro cannot, as a legal positivist, accept this entailment. His book thus brings to the surface and illuminates a central dilemma for legal positivism. If legal positivists wish to account for the authority of law they have to abandon legal positivism’s denial that law has such moral features. If they do not, they should revive a form of legal positivism that specifically abjures any claim to account for law’s normative nature. (shrink)

Written by Thomas Hobbes and first published in 1651, _Leviathan_ is widely considered the greatest work of political philosophy ever composed in the English language. Hobbes's central argument—that human beings are first and foremost concerned with their own fears and desires, and that they must relinquish basic freedoms in order to maintain a peaceful society—has found new adherents and critics in every generation. This new edition, which uses modern text and relies on large-sheet copies from the 1651 Head version, includes (...) interpretive essays by four leading Hobbes scholars: John Dunn, David Dyzenhaus, Elisabeth Ellis, and Bryan Garsten. Taken together with Ian Shapiro’s wide-ranging introduction, they provide fresh and varied interpretations of _Leviathan_ for our time. (shrink)

Inspired by Cantor's Theorem (CT), orthodoxy takes infinities to come in different sizes. The orthodox view has had enormous influence in mathematics, philosophy, and science. We will defend the contrary view---Countablism---according to which, necessarily, every infinite collection (set or plurality) is countable. We first argue that the potentialist or modal strategy for treating Russell's Paradox, first proposed by Parsons (2000) and developed by Linnebo (2010, 2013) and Linnebo and Shapiro (2019), should also be applied to CT, in a way (...) that vindicates Countabilism. Our discussion dovetails with recent independently developed treatments of CT in Meadows (2015), Pruss (2020), and Scambler (2021), aimed at establishing the mathematical viability, and therefore epistemic possibility, of Countabilism. Unlike these authors, our goal isn't to vindicate the mathematical underpinnings of Countabilism. Rather, we aim to argue that, given that Countabilism is mathematically viable, Countabilism should moreover be regarded as true. After clarifying the modal content of Countabilism, we canvas some of Countabilism's many positive implications, including that Countabilism provides the best account of the pervasive independence phenomena in set theory, and that Countabilism has the power to defuse several persistent puzzles and paradoxes found in physics and metaphysics. We conclude that in light of its theoretical and explanatory advantages, Countabilism is more likely true than not. (shrink)

In “How Facts Make Law” and other recent work, Mark Greenberg argues that legal positivists cannot develop a viable constitutive account of law that meets what he calls the “the rational-relation requirement.” He argues that this gives us reason to reject positivism in favor of antipositivism. In this paper, I argue that Greenberg is wrong: positivists can in fact develop a viable constitutive account of law that meets the rational-relation requirement. I make this argument in two stages. First, I offer (...) an account of the rational-relation requirement. Second, I put forward a viable positivist account of law that I argue meets this requirement. The account that I propose is a version of Scott Shapiro’s Planning Theory of Law. The version of Shapiro’s account that I propose combines (1) the account of concepts and conceptual analysis put forward by David Chalmers and Frank Jackson with (2) the account of the concept LEGAL INSTITUTION (and its conceptual connections to the concept LEGAL NORM) that we get from a certain reading of Shapiro’s Planning Theory. In addition to providing a compelling response to Greenberg’s argument in “How Facts Make Law,” I argue that the explanation for why my response to Greenberg works underscores one of the central problems facing legal antipositivism: namely, its lack of a convincing account of the nature of legal institutions. (shrink)

Hartry Field has proposed a fundamental division of theories of linguistic and mental content into those that do, and those that don’t, give a central role to ‘that’-clause ascriptions. Here I investigate the commitments of theories that (in accord with Field’s position) deny ‘that’-clause ascriptions a central role, but (in contrast to Field’s position) give truth conditions a central role. Such non-oblique truth-conditionalism promises significant advantages. However, the stance is costlier than it may appear. Non-oblique truth-conditionalists, I argue, must renounce (...) a priori entitlement to schemas of disquotation that are presupposed when theories of content are put to metaphysical or epistemological use. As case studies, I discuss two theories that might seem to exemplify non-oblique truth-conditionalism: David Chalmers’s two-dimensionalist theory of content and Ruth Millikan’s teleosemantics. (shrink)

Just about every theorist holds that vague terms are context-sensitive to some extent. What counts as ?tall?, ?rich?, and ?bald? depends on the ambient comparison class, paradigm cases, and/or the like. To take a stock example, a given person might be tall with respect to European entrepreneurs and downright short with respect to professional basketball players. It is also generally agreed that vagueness remains even after comparison class, paradigm cases, etc. are fixed, and so this context sensitivity does not solve (...) the problems with vague terms. In this paper, I briefly sketch the main features of my broadly contextualist account of vagueness, that of the late Ruth Manor, and that of Agustín Rayo, showing how the three accounts relate to, and reinforce, each other, noting a seeming difference. A key item used to articulate my own view is David Lewis's notion of conversational score. This is used to track which borderline cases have been called in the course of a conversation. Manor alludes to Lewis's notion of accommodation, a key aspect of the kinematics of conversation, and Rayo invokes Stalnaker's notion of common ground. I'll show how the conversational score could be employed to develop and extend their views, showing how vague terms, as they construe them, are (or can be) deployed in conversation, consistent with both the underlying indeterminacy of the terms and normal communicative goals. To help develop all three views further, I invoke Craige Roberts's notion of Retrievability, a tool developed to show how definites, such as definite descriptions, singular pronouns, and proper names, are deployed in conversation, in a Lewis-style scorekeeping framework. This, I think, is exactly the right way to understand conversations in what Manor calls non-sorities situations and, to invoke my own view, in sorites situations as well. (shrink)

According to Scott Shapiro’s Moral Aim Thesis, it is an essential feature of the law that it has a moral aim. In short, for Shapiro, this means that the law has the constitutive aim of providing morally good solutions to morally significant social problems in cases where other, less formal ways of guiding the activity of agents won’t work. In this article, I argue that legal positivists should reject the Moral Aim Thesis. In short, I argue that although (...) there are versions of the Moral Aim Thesis that are arguably compatible with legal positivism, all of the different ways of making it compatible face serious philosophical difficulties. Following a discussion of what these difficulties are, I provide an alternative to the Moral Aim Thesis, a thesis that I call the ‘Represented-as-Moral Thesis’. This thesis avoids the problems that I raise for the Moral Aim Thesis and better resonates with some of the core intuitions behind legal positivism. Furthermore, a version of Shapiro’s Planning Theory of Law that is developed with the Represented-as-Moral Thesis (as opposed to the Moral Aim Thesis) can explain all of the things that Shapiro uses the Moral Aim Thesis to explain. (shrink)

William Connolly, one of the best-known and most important political theorists writing today, is a principal architect of the “new pluralism.” In this volume, leading thinkers in contemporary political theory and international relations provide a comprehensive investigation of the new pluralism, Connolly’s contributions to it, and its influence on the fields of political theory and international relations. Together they trace the evolution of Connolly’s ideas, illuminating his challenges to the “old,” conventional pluralist theory that dominated American and British political science (...) and sociology in the second half of the twentieth century. The contributors show how Connolly has continually revised his ideas about pluralism to take into account radical changes in global politics, incorporate new theories of cognition, and reflect on the centrality of religion in political conflict. They engage his arguments for an agonistic democracy in which all fundamentalisms become the objects of politicization, so that differences are not just tolerated but are productive of debate and the creative source of a politics of becoming. They also explore the implications of his work, often challenging his views to widen the reach of even his most recently developed theories. Connolly’s new pluralism will provoke all citizens who refuse to subordinate their thinking to the regimes in which they reside, to religious authorities tied to the state, or to corporate interests tied to either. _The New Pluralism_ concludes with an interview with Connolly in which he reflects on the evolution of his ideas and expands on his current work. _Contributors_: Roland Bleiker, Wendy Brown, David Campbell, William Connolly, James Der Derian, Thomas L. Dumm, Kathy E. Ferguson, Bonnie Honig, George Kateb, Morton Schoolman Michael J. Shapiro, Stephen K. White. (shrink)

This paper and its companion (‘‘The Planning Theory of Law I: The Nature of Legal Institutions’’) provide a general introduction to Scott Shapiro’s Planning Theory of Law as developed in his recent book Legality. The Planning Theory encompasses both an account of the nature of legal institutions and an account of the nature of legal norms. The first paper concerns the account of legal institutions. This paper concerns the account of legal norms.

This paper and its companion (“The Planning Theory of Law II: The Nature of Legal Norms”) provide a general introduction to Scott Shapiro’s Planning Theory of Law as developed in his recent book Legality. The Planning Theory encompasses both an account of the nature of legal institutions and an account of the nature of legal norms. This first paper concerns the account of legal institutions. The second concerns the account of legal norms.

This scholarly inquiry examines the interplay between artificial intelligence (AI) and academic integrity within higher education. Through a comprehensive synthesis of academic literature, the study delves into the multifaceted implications of AI tools on academic practices, pedagogical approaches, and the evolving landscape of academic integrity within higher education. The findings, derived from an extensive analysis of scholarly works, offer profound insights into the challenges posed by the integration of AI in higher education. The impact on academic dishonesty, the nuances of (...) pedagogical shifts, and the dynamic relationship between students and AI are scrutinized, contributing to a nuanced comprehension of the intricate dynamics within the academy. (shrink)

Work on the therapeutic misconception suggests that investigators should ensure that potential research subjects understand the fundamental differences between clinical research and clinical care. Yet, what potential research subjects should understand depends on their circumstances and the study in question. This analysis implies that researchers and review committees should stop attempting to define, measure, and dispel the therapeutic misconception, and instead should focus on what potential subjects should understand to participate in individual studies.

In Australia, as in many countries, the early advertising industry had a poor reputation for honesty. However, in 1920 ?truth in advertising? and raising ethical behavior became the focus of the Second Convention of Advertising Men of Australasia, held in Sydney. This was a major event in Australia's advertising history and was seen as a way to legitimize the industry in the eyes of those who doubted advertising's honesty. This paper will look at the Sydney Advertising Convention, with particular reference (...) to quotes from presenters and the establishment of self-regulatory bodies, to help gain an insight into the beginning of a system to observe ethical behavior in advertising. (shrink)

The shape and turnover of photoreceptor membranes appears to depend on associated actin filaments. In dipterans, the photoreceptor membrane is microvillar. It is turned over by the addition of new membrane at the bases of the microvilli and by subsequent shedding, mostly from the distal ends. Each microvillus contains actin filaments as a component of its cytoskeletal core. Two myosin I‐like proteins co‐localize with the actin filaments. It is suggested that one of the myosin I‐like proteins might be linked to (...) the microvillar membrane. By interacting with the actin filaments, this motor should move the membrane of a microvillus in a distal direction, thus providing a possible mechanism for the turnover of the membrane.A vertebrate photoreceptor cell contains a small cluster of actin filaments in its connecting cilium at the site where new transductive disk membranes are formed. Disruption of the actin filaments perturbs disk morphogenesis. The most likely explanation for this perturbation is that the process of initiating a new disk is inhibited. Conventional myosin (myosin II) is found in the connecting cilium with the same distribution as actin. A simple model is proposed to illustrate how the actin–myosin system of the connecting cilium might function to initiate the morphogenesis of a disk membrane. (shrink)

An integrated statement is made concerning the semantic status of nodes in a propositional semantic network, claiming that such nodes represent only intensions. Within the network, the only reference to extensionality is via a mechanism to assert that two intensions have the same extension in same world. This framework is employed in three application problems to illustrate the nature of its solutions.The formalism used here utilizes only assertional information and no structural, or definitional, information. This restriction corresponds to many of (...) the psychologically motivated network models. Some of the psychological implications of network processes called node merging and node splitting are discussed. Additionally, it is pointed out that both our networks and the psychologically based networks are prone to memory confusions about knowing unless augmented by domain‐specific inference processes, or by structural information. (shrink)

_Real Essentialism_ presents a comprehensive defence of neo-Aristotelian essentialism. Do objects have essences? Must they be the kinds of things they are in spite of the changes they undergo? Can we know what things are really like – can we define and classify reality? Many, if not most, philosophers doubt this, influenced by centuries of empiricism, and by the anti-essentialism of Wittgenstein, Quine, Popper, and other thinkers. _Real Essentialism_ reinvigorates the tradition of realist, essentialist metaphysics, defending the reality and knowability (...) of essence, the possibility of objective, immutable definition, and its relevance to contemporary scientific and metaphysical issues such as whether essence transcends physics and chemistry, the essence of life, the nature of biological species, and the nature of the person. (shrink)

We propose a formal framework for interpretable machine learning. Combining elements from statistical learning, causal interventionism, and decision theory, we design an idealised explanation game in which players collaborate to find the best explanation for a given algorithmic prediction. Through an iterative procedure of questions and answers, the players establish a three-dimensional Pareto frontier that describes the optimal trade-offs between explanatory accuracy, simplicity, and relevance. Multiple rounds are played at different levels of abstraction, allowing the players to explore overlapping causal (...) patterns of variable granularity and scope. We characterise the conditions under which such a game is almost surely guaranteed to converge on a optimal explanation surface in polynomial time, and highlight obstacles that will tend to prevent the players from advancing beyond certain explanatory thresholds. The game serves a descriptive and a normative function, establishing a conceptual space in which to analyse and compare existing proposals, as well as design new and improved solutions. (shrink)

We describe a knowledge representation and inference formalism, based on an intensional propositional semantic network, in which variables are structures terms consisting of quantifier, type, and other information. This has three important consequences for natural language processing. First, this leads to an extended, more natural formalism whose use and representations are consistent with the use of variables in natural language in two ways: the structure of representations mirrors the structure of the language and allows re-use phenomena such as pronouns and (...) ellipsis. Second, the formalism allows the specification of description subsumption as a partial ordering on related concepts (variable nodes in a semantic network) that relates more general concepts to more specific instances of that concept, as is done in language. Finally, this structured variable representation simplifies the resolution of some representational difficulties with certain classes of natural language sentences, namely, donkey sentences and sentences involving branching quantifiers. The implementation of this formalism is called ANALOG (A NAtural LOGIC) and its utility for natural language processing tasks is illustrated. (shrink)

(1999). Critical hermeneutics and American legal interpretation:A search for the meaning of new york times v. sullivan. Angelaki: Vol. 4, Judging the law, pp. 173-188.

We propose a formal framework for interpretable machine learning. Combining elements from statistical learning, causal interventionism, and decision theory, we design an idealisedexplanation gamein which players collaborate to find the best explanation(s) for a given algorithmic prediction. Through an iterative procedure of questions and answers, the players establish a three-dimensional Pareto frontier that describes the optimal trade-offs between explanatory accuracy, simplicity, and relevance. Multiple rounds are played at different levels of abstraction, allowing the players to explore overlapping causal patterns of (...) variable granularity and scope. We characterise the conditions under which such a game is almost surely guaranteed to converge on a (conditionally) optimal explanation surface in polynomial time, and highlight obstacles that will tend to prevent the players from advancing beyond certain explanatory thresholds. The game serves a descriptive and a normative function, establishing a conceptual space in which to analyse and compare existing proposals, as well as design new and improved solutions. (shrink)

We examine two different descriptions of the behavioral functions of the hippocampal system. One emphasizes spatially organized behaviors, especially those using cognitive maps. The other emphasizes memory, particularly working memory, a short-term memory that requires iexible stimulus-response associations and is highly susceptible to interference. The predictive value of the spatial and memory descriptions were evaluated by testing rats with damage to the hippocampal system in a series of experiments, independently manipulating the spatial and memory characteristics of a behavioral task. No (...) dissociations were found when the spatial characteristics of the stimuli to be remembered were changed; lesions produced a similar deficit in both spatial and nonspatial test procedures, indicating that the hippocampus was similarly involved regardless of the spatial nature of the task. In contrast, a marked dissociation was found when the memory requirements were altered. Rats with lesions were able to perform accurately in tasks that could be solved exclusively on the basis of reference memory. They performed at chance levels and showed no signs of recovery even with extensive postoperative training in tasks that required working memory. In one experiment all the characteristics of the reference memory and working memory procedures were identical except the type of memory required. Consequently, the behavioral dissociation cannot be explained by differences in attention, motivation, response inhibition, or the type of stimuli to be remembered. As a result of these experiments we propose that the hippocampus is selectively involved in behaviors that require working memory, irrespective of the type of material that is to be processed by that memory. (shrink)

DCPS is a connectionist production system interpreter that uses distributed representations. As a connectionist model it consists of many simple, richly interconnected neuron‐like computing units that cooperate to solve problems in parallel. One motivation for constructing DCPS was to demonstrate that connectionist models are capable of representing and using explicit rules. A second motivation was to show how “coarse coding” or “distributed representations” can be used to construct a working memory that requires far fewer units than the number of different (...) facts that can potentially be stored. The simulation we present is intended as a detailed demonstration of the feasibility of certain ideas and should not be viewed as a full implementation of production systems. Our current model only has a few of the many interesting emergent properties that we eventually hope to demonstrate: It is damage‐resistant, it performs matching and variable binding by massively parallel constraint satisfaction, and the capacity of its working memory is dependent on the similarity of the items being stored. (shrink)

As machine learning has gradually entered into ever more sectors of public and private life, there has been a growing demand for algorithmic explainability. How can we make the predictions of complex statistical models more intelligible to end users? A subdiscipline of computer science known as interpretable machine learning (IML) has emerged to address this urgent question. Numerous influential methods have been proposed, from local linear approximations to rule lists and counterfactuals. In this article, I highlight three conceptual challenges that (...) are largely overlooked by authors in this area. I argue that the vast majority of IML algorithms are plagued by (1) ambiguity with respect to their true target; (2) a disregard for error rates and severe testing; and (3) an emphasis on product over process. Each point is developed at length, drawing on relevant debates in epistemology and philosophy of science. Examples and counterexamples from IML are considered, demonstrating how failure to acknowledge these problems can result in counterintuitive and potentially misleading explanations. Without greater care for the conceptual foundations of IML, future work in this area is doomed to repeat the same mistakes. (shrink)

Machine learning algorithms may radically improve our ability to diagnose and treat disease. For moral, legal, and scientific reasons, it is essential that doctors and patients be able to understand and explain the predictions of these models. Scalable, customisable, and ethical solutions can be achieved by working together with relevant stakeholders, including patients, data scientists, and policy makers.

We propose a formal framework for interpretable machine learning. Combining elements from statistical learning, causal interventionism, and decision theory, we design an idealised explanation game in which players collaborate to find the best explanation for a given algorithmic prediction. Through an iterative procedure of questions and answers, the players establish a three-dimensional Pareto frontier that describes the optimal trade-offs between explanatory accuracy, simplicity, and relevance. Multiple rounds are played at different levels of abstraction, allowing the players to explore overlapping causal (...) patterns of variable granularity and scope. We characterise the conditions under which such a game is almost surely guaranteed to converge on a optimal explanation surface in polynomial time, and highlight obstacles that will tend to prevent the players from advancing beyond certain explanatory thresholds. The game serves a descriptive and a normative function, establishing a conceptual space in which to analyse and compare existing proposals, as well as design new and improved solutions. (shrink)

Proponents of physical intentionality argue that the classic hallmarks of intentionality highlighted by Brentano are also found in purely physical powers. Critics worry that this idea is metaphysically obscure at best, and at worst leads to panpsychism or animism. I examine the debate in detail, finding both confusion and illumination in the physical intentionalist thesis. Analysing a number of the canonical features of intentionality, I show that they all point to one overarching phenomenon of which both the mental and the (...) physical are kinds, namely finality. This is the finality of ‘final causes’, the long-discarded idea of universal action for an end to which recent proponents of physical intentionality are in fact pointing whether or not they realise it. I explain finality in terms of the concept of specific indifference, arguing that in the case of the mental, specific indifference is realised by the process of abstraction, which has no correlate in the case of physical powers. This analysis, I conclude, reveals both the strength and weakness of rational creatures such as us, as well as demystifying the way in which powers work. (shrink)

The Dead Donor Rule holds that removing organs from a living human being without their consent is wrongful killing. The rule still prevails in most countries, and I assume it without argument in order to pose the question: is it possible to have a metaphysically correct, clinically relevant analysis of human death that makes organ donation possible? I argue that the two dominant criteria of death, brain death and circulatory death, are both empirically and metaphysically inadequate as definitions of human (...) death, and therefore of no epistemic value in themselves. I first set out a neo-Aristotelian theory of death as separation of soul (understood as organising principle) and body, which is then fleshed out as loss of organismic integrity. The brain and circulatory criteria are shown to have severe weaknesses as physiological manifestations of loss of integrity. Given the mismatch between what death is metaphysically speaking, and the dominant criteria accepted by clinicians and philosophers, it turns out that only actual bodily decomposition is a sure sign of death. In this I differ from Alan Shewmon, whose important work I discuss in detail. (shrink)