Myriad Genetics holds a patent on testing for the hereditary breast and ovarian cancer genes, BRCA1 and BRCA2, and therefore has a forced monopoly on this critical genetic test. Myriad launched a Direct-to-Consumer (DTC) marketing campaign in the Northeast United States in September 2007 and plans to expand that campaign to Florida and Texas in 2008. The ethics of Myriad's patent, forced monopoly and DTC campaign will be reviewed, as well as the impact of this situation on patient access and (...) care, physician liability, and the future of DTC campaigns for genetic testing. (shrink)

Contemporary Debates in Philosophy of Mind showcases the leading contributors to the field, debating the major questions in philosophy of mind today. Comprises 20 newly commissioned essays on hotly debated issues in the philosophy of mind Written by a cast of leading experts in their fields, essays take opposing views on 10 central contemporary debates A thorough introduction provides a comprehensive background to the issues explored Organized into three sections which explore the ontology of the mental, nature of the mental (...) content, and the nature of consciousness. (shrink)

Students of philosophy, psychology, sociology, and literature will welcome this collection of original essays on self-deception and related phenomena such as wishful thinking, bad faith, and false consciousness. The book has six sections, each exploring self-deception and related phenomena from a different perspective.

This commentary responds to the suggestion that we can humanize online university education through the design decisions we make about it. It offers several reasons why the suggestion may be unrealistic, given that choice in online course design is increasingly narrowed by the prevalence of relatively powerless part-time instructors, student preference for convenient online offerings, and the use of learning management systems. However, if our design decisions are constrained, it becomes all the more important that we engage in critical conversations (...) about what we gain and lose when technology is used to automate or mediate university education. (shrink)

While a necessary condition for perceiving a physical object is that the object cause the perceiver to undergo a sense experience, this condition is not sufficient. causal theorists attempt to provide a sufficient condition by placing constraints on the way the object causes the perceiver's experience. i argue that this is not possible since the relationship between a perceiver's experience and an object in virtue of which the perceiver perceives the object does not supervene on any of the ways in (...) which the object causes the perceiver's experience. (shrink)

Nurses make an important contribution to the organisation and coordination of patient care but receive little formal educational preparation for this work. This paper builds on Allen's care trajectory management framework to specify evidence‐based and theoretically informed competencies for this component of the nursing role and proposes how these might be incorporated into nursing curricula. This is necessary so that at the point of registration nurses have the expertise to realise their potential as both providers and organisers of patient care (...) and are better able to articulate and develop this aspect of nursing practice. (shrink)

Citizenship education is being formally introduced into schools in England as a matter of national policy for the first time. This article offers a critical evaluation of the report of the Advisory Group on Education for Citizenship and the Teaching of Democracy in Schools which was chaired by Professor Bernard Crick, and which has been influential in shaping current educational policy in relation to these matters. An assessment is also offered of the challenges and prospects which confront citizenship education in (...) England in the light of these developments. (shrink)

ABSTRACT The Daodejing (DDJ) is an ancient Chinese text traditionally taken as a representative Daoist classic expressing a distinctive philosophy from the Warring States Period (403–221 BCE). This essay explicates the ethical dimensions of the DDJ paying attention to issues related to war and peace. The discussion consists of four parts: (1) “naturalness” as an onto‐cosmological argument for a philosophy of harmony, balance, and peace; (2) war as a sign of the disruption of the natural pattern of things initiated by (...) the proliferation of desire; (3) defensive war and appropriate war conduct required when one has to be involved in warfare; and (4) the natural and spontaneous way of living that would prevent war from happening in the first place. This essay attempts to show that what makes the DDJ different from other military texts, or what is called the “art of war corpus” in China is that the discourse of war and warfare in the DDJ is presented via its unique understanding of peace at the personal and social levels. The DDJ is meant to be an inquiry into an effective method to prevent war from happening amid a world full of selfish interests and excessive desires. It proposes that peace is not only a condition in which there is freedom from war and overt violence, but a state of harmony that marks human life and its betterment. (shrink)

The study of the mind has always been one of the main preoccupations of philosophers, and has been a booming area of research in recent decades, with remarkable advances in psychology and neuroscience. Oxford University Press now presents the most authoritative and comprehensive guide ever published to the philosophy of mind. An outstanding international team of contributors offer 45 specially written critical surveys of a wide range of topics relating to the mind. The first two sections cover the place of (...) the mind in the natural world: its ontological status, how it fits into the causal fabric of the universe, and the nature of consciousness. The third section focuses on the much-debated subjects of content and intentionality. The fourth section examines a variety of mental capacities, including memory, imagination, and emotion. The fifth section looks at epistemic issues, in particular regarding knowledge of one's own and other minds. The volume concludes with a section on self, personhood, and agency. The Oxford Handbook of Philosophy of Mind will be an invaluable resource for advanced students and scholars of philosophy, and also for researchers in neighboring disciplines seeking a high-level survey of the state of the art in this flourishing field. (shrink)

This article revisits a principle of distributive justice accepted by most, if not all, scholars of climate justice. The principle at stake, the limit, protects those who are very badly off from bearing the costs of climate change mitigation. The persistent noncompliance of developed states with their obligations toward burden sharing, however, means that this principle is increasingly in tension with successful climate change mitigation, given it seems to require that those in poverty have continued access to emissions in cases (...) where alternative forms of energy are not provided. In the first half of the paper I outline this tension and show how the dominant expression of the limit in the literature, advanced by Henry Shue, must be abandoned. I argue that any attempt to articulate the limit in current circumstance, where the carbon budget is very scarce, must consider the climate harm associated with continued subsistence emissions. The second half of the article defends a principle, the exemption, which is best able to maintain the strong commitment to shielding those below the minimal threshold from the costs of mitigation, even in light of the potential harm that will result if they require emissions to fuel their energy needs. (shrink)

Extracorporeal membrane oxygenation (ECMO) provides continuous circulation and/or oxygenation to adults with cardiac failure, pulmonary dysfunction, or both. The technology is similar to the traditional heart-lung bypass machines used during surgical procedures, however ECMO may be used outside the confines of the operating room and for extended periods of time. This paper explores the complexities, both clinical and ethical, of a donot-resuscitate (DNR) order for patients with cardiopulmonary failure on veno-arterial (VA-ECMO), a type of ECMO that provides resuscitation superior to (...) the chest compressions that DNR is intended to prevent. Clinically, a DNR order has limited utility for patients on VA-ECMO and its presence can serve to create confusion. Symbolically, however, the designation may serve as a stepping-stone for surrogates facing difficult end-of-life decisions. The paper concludes by suggesting that it is prudent to avoid DNR discussions in the context of VA-ECMO. (shrink)

Courts and legal commentators have been notoriously unsuccessful in articulating a rule to differentiate between uncompensated police power regulations of land by govemment and situations in which the govemment can only interfere with property rights if it provides compensation to those owners who suffer losses. Noticeably absent from most discussions of this “takings” issue is any foundational underpinning in a theory of justice with respect to property holdings. Can two of the most influential contemporary theories ofjustice-that of John Rawls and (...) Robert Nozick -provide such needed support for the analysis of the “takings” issue? By employing the vehicle of three hypothetical exampIes I investigate this question and reach some conclusions conceming the applicability of such abstract theories of justice to the real world. (shrink)

There has been a marked increase in the active involvement of children and young people in social research. This move is underpinned by rights based arguments that children and young people should have a voice, and that this voice should be listened to. However, concerns have been raised about the appropriateness of children’s and young people’s rights and participation in research. This is primarily due to queries over whether they have enough capacity to enact the individual agency required to be (...) rights holders and participate in research. In addition, a focus on their inherent vulnerability continues to be a key feature of research ethics protocols. In this paper I argue that both capacity and vulnerability should be seen as socially produced, meaning that the scope for capacity to be increased and vulnerability decreased also lies within the social. I draw from notions of relational autonomy or ‘associational presence’ to argue that what children and young people need to be active participants in research is the creation of spaces within which relational agency can be nurtured and sustained. Such techniques and values are found in participatory research approaches and can be used to create such emancipatory environments. (shrink)

Psychologists representing a broad spectrum of psychological specialties use the term "constructivist" to characterize their theories and underscore individuals' active participation in reality-making. In spite of consructivism's apparent widespread influence on psychology, however, significantly different forms of constructivist metatheory may be identified when constructivist assumptions about causal processess are contrasted. Both Pepper's worldview framework and Aristotle's four-fold classification of causation in natural phenomena are used to distinguish four forms of constructivism-material, efficient, formal, and final. Salient examples of each form as (...) evident in contemporary psychological theory are given with a discussion of implications of these distinctions for the development of a comprehensive conception of cognition and human knowing. (shrink)

I develop a phenomenological hermeneutics of four poems by Sylvia Plath: 'Mystic,' 'Ariel,' 'The Moon and the Yew Tree,' and 'The Arrival of the Bee Box.' Inspired by the work of Maurice Merleau-Ponty, I illustrate how we can experience individual poems through the multiple aspects of our embodiment. Importantly, single artworks are treated here with the same respect as single philosophical texts. Heidegger treats poems similarly in his "later" philosophy, which also influenced this dissertation. This emphasis on embodiment does not (...) mean to privilege the body over the cognitive. Instead, the cognitive is revealed as one aspect of our bodily existence. ;Plath's poetic themes intertwine with philosophical questions, such as the difference between instituted and creative language, the nature of gender, and the ethical status of the non-human. For example, Plath's work offers new ways of addressing feminist concerns over essentialism, identity, and spirituality. Plath's emerging notion of a feminine divine resonates with Luce Irigaray's call for a philosophical revisioning of the God of Western metaphysics. Plath's articulations of the body as it lives through pain contribute to the existentialist task of drawing us closer to an authentic experience of death. I show how pain possesses a spiritual dimension for Plath and connect this phenomenon with the act of writing poetry. ;The poetic dimension of language has been suppressed by reductive accounts that theorize language and the body's involvement in language in terms of representation rather than embodiment. I reveal the non-linguistic meanings within the lines and silences of poetic space that impact and alter our bodily being. Poetry allows us to experience, among other things, the flow of lived time, the colors of sounds, and our body's fusion with the world. Significantly, phenomenology bends with these issues in a chiasmic gathering where we can experience the affinity between these two discourses. Phenomenological hermeneutics uncovers the depth of language that is usually suppressed in calculative-rational discourses. ;Through these poetic phenomenological meditations, I open up ways of understanding spiritual and poetic language that impact our ethical encounters with one another, the environment, and the divine. (shrink)

This is the first book-length study of the conception of emotions in premodern, or more specifically, pre-Han Chinese philosophical traditions, ranging from the early-5th to the late-3rd centuries BCE. This era is known as the "Warring States period" in China and marked by the flourishing of a number of different schools of philosophers who advocated their visions of how society should be run. The author looks at wide-ranging views about the nature of emotions and their proper role in moral life (...) espoused by representative thinkers of the time. The approach taken by the author is based on a premise that what constitutes emotions as phenomena in the world is of primary importance to questions concerning the... (shrink)

In this collection, twelve philosophers, historians, and political philosophers-scholars with a diverse set of disciplinary and political leanings-assess aspects of socialism in light of its recent reversals. Some of the essays consider what made the socialist project seem compelling to its advocates, examining the moral and political values that made socialism appealing to intellectuals. Others evaluate whether there are aspects of socialism that ought to be preserved, such as its quest for equality and community. Some essays examine whether free-market systems (...) need to be further modified in response to ongoing socialist critiques. Several others argue for the continuing validity of socialism in its social democratic incarnation, suggesting ways in which socialism may still have a productive future. Still others condemn the socialist project as inherently misguided in theory, while also portraying 'really existing socialism' as cataclysmic in practice. (shrink)

Freedom of association is a cherished liberal value, both for classical liberals who are generally antagonistic toward government interference in the choices made by individuals, and for contemporary liberals who are more sanguine about the role of government. However, there are fundamental differences between the two viewpoints in the status that they afford to associational freedom. While classical liberals ground their support for freedom of association on the core notion of individual liberty, contemporary liberals usually conceive of freedom of association (...) as one among many values that are necessary for a liberal democracy to flourish. Which position provides a better grounding for freedom of association? The twelve essays in this volume explore the history and development of the right of free association, and discuss the limits that may legitimately be placed on this right. (shrink)

Whether free speech is defended as a fundamental right that inheres in each individual, or as a guarantee that all of society's members will have a voice in democratic decision-making, the central role of expressive freedom in liberating the human spirit is undeniable. Freedom of expression will, as the essays in this volume illuminate, encounter new and continuing controversies in the twenty-first century. Advances in digital technology raise pressing questions regarding freedom of speech and, with it, intellectual property and privacy (...) rights. Campaign finance reform limits the formerly sacrosanct category of 'political speech'. Expressive liberties may face their greatest challenge from government efforts to thwart terrorism. The twelve legal scholars and philosophers whose work appears in this volume examine the history of free speech doctrine, its relevance to other social and personal values, and the radical critiques it has withstood in recent years. (shrink)

The essays in this volume examine the nature of human flourishing and its relationship to a variety of other key concepts in moral theory. Some of them trace the link between flourishing and human nature, asking whether a theory of human nature can allow us to develop an objective list of goods that are of value to all agents, regardless of their individual purposes or aims. Some essays look at the role of friendships or parent-child relationships in a good life, (...) or seek to determine whether an ethical theory based on human flourishing can accommodate concern for others for their own sake. Other essays analyze the function of families or other social-political institutions in promoting the flourishing of individuals. Still others explore the implications of flourishing for political theory, asking whether considerations of human flourishing can help us to derive principles of social justice. (shrink)

What are the core values of liberalism and how can they best be promoted? Liberals in the classical tradition championed individual freedom, limited government and a capitalist economic system with strong rights to private property. Contemporary liberals, in contrast, embrace more egalitarian values and allow for a far more prominent role for government intervention in the market to reduce inequality, redistribute wealth and regulate economic activity. What accounts for these very disparate liberal views of property rights and economic freedom? How (...) should we understand the transition from the classical view of liberalism to its more egalitarian modern version? And what, ideally, should the relationship be between the central values of liberalism and the economic institutions of capitalism? The eleven essays in this volume address these questions and examine related issues. (shrink)

In this collection, thirteen prominent philosophers and political scientists address the nature of liberalism, its origins, and its meaning and proper interpretation. Some essays examine the writings of liberalism's earliest defenders, like John Locke and Adam Smith, or the influence of classical liberalism on the American founders. Some focus on the Progressive movement and the rise of the administrative state, while others defend particular conceptions of liberalism or examine liberal theories of justice, including those of John Rawls and Robert Nozick. (...) Several essays discuss the U.S. Constitution, seeking to determine whether it is best viewed as empowering the federal government to achieve certain ends, or as strictly limiting its power to ensure the broadest freedom for individuals to pursue their own ends. Other essays address the limits of economic freedom or focus on the nature and extent of property rights and the government's power of eminent domain. (shrink)

Divisions abound as to whether politics should be held responsible to a higher moral standard or whether pragmatic considerations, or realpolitik, should prevail. The two poles are represented most conspicuously by Aristotle (for whom the proper aim of politics is moral virtue) and Machiavelli (whose prince exalted political pragmatism over morality). The fourteen contributions to this volume address perennial concerns in political and moral theory. They underscore the rekindled yearning of many to hold the political realm to a higher standard (...) despite the skepticism of dissenters who question the likelihood, or even the desirability, of success. (shrink)

The institution of private property lies at the heart of contemporary Western societies. However, what are the limits of property ownership? Do principles of justice require some measure of governmental redistribution of property in order to relieve poverty or to promote greater equality among citizens? And what do principles of justice have to say about individuals' ownership of their own talents and the products of their labor, and about the initial acquisition of land and natural resources? The essays in this (...) volume, written by eleven prominent political and moral philosophers, address these questions and explore related issues. A number of them consider the theoretical foundations of property ownership, asking how the rights of individuals to acquire property can be justified, and how extensive these rights are. Some focus on the concept of self-ownership, discussing how the individual's right to control their own mind, body and actions relates to their right to gain control over extrapersonal objects and resources. Others look at connections between property ownership and various values, including democratic political participation and equality of wealth and opportunity. (shrink)