This article examines Re Imogen (No 6) (2020) 61 Fam LR 344, a decision of the Family Court of Australia, which held that an application to the Family Court is mandatory if a parent or a medical practitioner of a child or adolescent diagnosed with gender dysphoria disputes the diagnosis, the capacity to consent, or the proposed treatment. First, we explain the regulatory framework for the medical treatment of gender dysphoria in children and adolescents, including the development of the (...) welfare jurisdiction under Section 67ZC of the Family Law Act 1975 (Cth). We then provide an overview of the Re Imogen decision, and discuss the balancing exercise involved in determining a child’s best interests in the medical treatment context. We challenge the Family Court’s conclusion that, in relation to a dispute about diagnosis or treatment, a finding that the child or adolescent is Gillick competent to consent to treatment is not determinative, and the Family Court must determine the dispute. We argue that this conclusion represents an unjustified incursion into the right of Gillick competent transgender children and adolescents to make decisions about their own bodies and identities, and that the protective role of parents and the Family Court cannot justify interfering with their bodily autonomy in this context. Finally, we propose an alternative regulatory framework that removes the Family Court from the medical treatment process for gender dysphoria in circumstances of dispute between a parent and their Gillick competent child. (shrink)

Early in World War I, Virginia Woolf wrote these words: ‘The future is dark, which is on the whole, the best thing the future can be […]’. It is tempting to assume that darkness simply hides the unknown and the threatening. It is more challenging to think of it as Woolf did: rich with possibility in even the most desperate times.We live in what many would readily describe as dark times. These times have brought (among much else) a once-in-a-century public (...) health crisis, the continued redemption of toxic white supremacy, declining trust in and support for public institutions, and growing evidence of impending climate devastation. ‘Dark Futures’ will consider some of the scenes of this devastation and mine them for insights into our predicaments and our prospects. (shrink)

The characterization of the vices as ‘deadly’ has been explained in terms of the fatal harm they bring to those who possess them. Little has as yet been said about their effect on others, though there have been indications that at least potentially, they are likely to be harmful to others as well. A question is raised on whether the disposition of the vicious is such that by possessing a particular vice, they have further vicious tendencies as well.

This chapter explores the particular vice of acedia or sloth. Sloth is a paralyzing vice, with the slothful carrying the burden of a useless self. Awareness of this condition explains occurrent moods of indolence, hopelessness, and despair. If, like Oblomov, they manage nonetheless to achieve a relatively contented state of mind then this is because they have found some mental busyness and are given to idle daydreams, which may, at least for periods of time, conceal their burden from themselves.

The structural similarities between the different vices means that there will be overlaps between them, or that those in the grip of one of these vices should also naturally be exposed to another. One example is the relation between resentment and envy. The resentful and the envious share feelings of impotence and of hostility towards others. These are miserable feelings, and suffering them will reinforce both their sense of failure and their vengeful attitude towards the world. The avaricious, envious, proud, (...) and resentful can all be said to be inordinate in their desire to have a certain position for themselves secured or maintained. Covetousness is a prominent component of lust and gluttony, and thus be that which links these to the other vices. (shrink)

This introductory chapter begins with a discussion of the vices considered in this essay, namely, sloth, envy, avarice, pride, anger, lust, and gluttony. It argues that these so-called ‘deadly sins’ were correctly named and correctly classed together. Irrespective of their theological background, they are similar in structure in that the agent’s thoughts and desires, while differing in content depending on the vice in question, focus primarily on the self and its position in the world. They are similar also in that (...) in each case they are destructive of that self and prevent its flourishing. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

The moral doctrine of Hobbes, in many ways the most interesting of our major British philosophers, is, I think, commonly seen in a false perspective which has seriously obscured its real affinities. This is, no doubt, largely due to the fact that most modern readers begin and end their study of Hobbes's ethics with the Leviathan , a rhetorical and, in many ways, a popular Streitschrift published in the very culmination of what looked at the time to be a permanent (...) revolution, and do not pay such attention to the more calmly argued statements of the same doctrine contained in the Elements of Law , circulated before the outbreak of the Civil War, or the De Cive. (shrink)

Many think that properties are powers. However, whilst some claim that properties are pure powers, others claim that properties are powerful qualities. In this paper, I argue that the canonical formulation of the powerful qualities view is no different from the pure powers view. Contrary to appearances, the two positions accept the same view of properties. Thus, the debate between them rests on an illusion. I draw out some consequences of this surprising result for issues over property individuation. Along the (...) way, I argue that all existing objections to the powerful qualities view fail. (shrink)

I present the foundational structure for a life-centered theory of environmental ethics. The structure consists of three interrelated components. First is the adopting of a certain ultimate moral attitude toward nature, which I call “respect for nature.” Second is a belief system that constitutes a way of conceiving of the natural world and of our place in it. This belief system underlies and supports the attitude in a way that makes it an appropriate attitude to take toward the Earth’s natural (...) ecosystems and their life communities. Third is a system of moral rules and standards for guiding our treatment of those ecosystems and life communities, a set of normative principles which give concrete embodiment or expression to the attitude of respect for nature. The theory set forth and defended here is, I hold, structurally symmetrical with a theory of human ethics based on the principle of respect for persons. (shrink)

A distinctive position in contemporary political philosophy is occupied by those who defend the principle of public justification. This principle states that the moral or political rules that govern our common life must be in some sense justifiable to all reasonable citizens. In this article, I evaluate Gerald Gaus’s defence of this principle, which holds that it is presupposed by our moral reactive attitudes of resentment and indignation. He argues, echoing P.F. Strawson in ‘Freedom and Resentment’, that these attitudes are (...) so deep a part of us that we are unable to rationally reject them. I examine and reject this defence of the principle. Considering the nature of our commitment to the moral reactive attitudes, I argue that those attitudes need not be grounded in a commitment to public justification. The availability of alternative grounds for these attitudes shows, contra Gaus, that we can rationally reject the principle of public justification while maintaining a wholehearted commitment to the reactive attitudes. (shrink)

Debates about indoctrination raise fundamental questions about the ethics of teaching. This paper presents a philosophical analysis of indoctrination, including 1) an account of what indoctrination is and why it is harmful, and 2) a framework for understanding the responsibilities of teachers and other educational actors to avoid its negative outcomes. I respond to prominent outcomes-based accounts of indoctrination, which I argue share two limiting features—a narrow focus on the threat indoctrination poses to knowledge and on the dyadic relationship between (...) indoctrinator and indoctrinated person. I propose a system-based account of indoctrination in which actors with authority contribute to the production or reinforcement of closed-mindedness, which threatens both knowledge and understanding. By taking a system-based approach, my account is better equipped to identify the implications of indoctrination for educational policy and practice. (shrink)

Contemporary republicans have adopted a less-than-charitable attitude toward private beneficence, especially when it is directed to the poor, worrying that rich patrons may be in a position to exercise arbitrary power over their impoverished clients. These concerns have led them to support impartial public provision by way of state welfare programs, including an unconditional basic income (UBI). In contrast to this administrative model of public welfare, I will propose a competitive model in which the state regulates and subsidizes a decentralized (...) and nonstatist provision of support for the poor. This model will fix the historically objectionable features of private provision by having the state prevent collusion among private charities, deliver information to recipients about alternative sources of assistance, and give substantial grants to charities as well as tax incentives and vouchers to donors. I will contend that such an approach would do a better job of minimizing domination of the poor than traditional welfare states and may prove more politically feasible than a UBI, at least in the near term in certain national contexts. (shrink)

Background:Data representing people’s behaviour, attitudes, feelings and relationships are increasingly being harvested from social media platforms and re-used for research purposes. This can be ethically problematic, even where such data exist in the public domain. We set out to explore how the academic community is addressing these challenges by analysing a national corpus of research ethics guidelines and published studies in one interdisciplinary research area.Methods:Ethics guidelines published by Research Councils UK, its seven-member councils and guidelines cited within these were reviewed. (...) Guidelines referring to social media were classified according to published typologies of social media research uses and ethical considerations for social media mining. Using health research as an exemplar, PubMed was searched to identify studies using social media data, which were assessed according to their coverage of ethical considerations and guidelines.Results:Of the 13 guidelines published or recom... (shrink)

Many scholars, including G. A. Cohen, Daniel Attas, and George Brenkert, have denied that a Kantian defense of self-ownership is possible. Kant's ostensible hostility to self-ownership can be resolved, however, upon reexamination of the Groundwork and the Metaphysics of Morals. Moreover, two novel Kantian defenses of self-ownership (narrowly construed) can be devised. The first shows that maxims of exploitation and paternalism that violate self-ownership cannot be universalized, as this leads to contradictions in conception. The second shows that physical coercion against (...) rational agents involves a profound status wrong--namely, their treatment as children or animals--and that this system of differential status and treatment (including self-ownership rights for rational agents) can be morally justified by our capacity for autonomy. (shrink)

Most mainstream feminist anti-rape scholarship and activism may be described as carceral feminism, insofar as it fails to engage with critiques of the criminal punishment system and endorses law-and-order responses to sexual and gendered violence. Mainstream feminist anti-rape scholars and activists often view increased conviction rates and longer sentences as a political goal—or, at the very least, are willing to collaborate with police and lament cases where perpetrators of sexual violence are given “light” or non-custodial sentences. Prison abolitionists, on the (...) other hand, have tended to insist that most lawbreakers are non-violent and that the “dangerous” are “few”, thus avoiding serious engagement with the widespread phenomenon of sexual violence. Despite the prevalence of carceral feminism, to my knowledge no feminist scholar has explicitly embraced this label, and the closest I have found to a defense of carceral feminism is feminist legal scholar Lise Gotell’s “critique of the critique of carceral feminism”. For this reason, it is with Gotell’s article that I primarily engage in defending anti-carceral feminism and prison abolitionism even in the difficult case of sexual assault. (shrink)

The republican tradition has long been ambivalent about markets and commercial society more generally: from the contrasting positions of Rousseau and Smith in the eighteenth century to recent neorepublican debates about capitalism, republicans have staked out diverse positions on fundamental issues of political economy. Rather than offering a systematic historical survey of these discussions, this chapter will instead focus on the leading neo-republican theory—that of Philip Pettit—and consider its implications for market society. As I will argue, Pettit’s theory is even (...) friendlier to markets than most have believed: far from condemning commercial society, his theory recognizes that competitive markets and their institutional preconditions are an alternative means to limit arbitrary power across the domestic, economic, and even political spheres. While most republican theorists have focused on political means to limit such power—including both constitutional means (e.g., separation of powers, judicial review, the rule of law, federalism) and participatory ones (democratic elections and oversight)—I will examine here an economic model of republicanism that can complement, substitute for, and at times displace the standard political model. Whether we look at spousal markets, labor markets, or residential markets within federal systems, state policies that heighten competition among their participants and resource exit from abusive relationships within them can advance freedom as non-domination as effectively or even more effectively than social-democratic approaches that have recently gained enthusiasts among republicans. These conclusions suggest that democracy, be it social or political, is just one means among others for restraining arbitrary power and is consequently less central to (certain versions of) republicanism than we may have expected. So long as they counteract domination, economic inroads into notionally democratic territory are no more worrisome than constitutional ones. (shrink)

In many theories in contemporary philosophy of mind, attention is constitutively linked to phenomenal consciousness. Ned Block has recently argued that ‘identity crowding’ provides an example of subjects consciously seeing something to which they are unable to attend. Here I examine the reasons that Block gives for thinking that this is a case of a consciously perceived item that we are unable to attend to, and I offer a different interpretation.

Informed consent, decision-making styles and the role of patient-physician relationships are imperative aspects of clinical medicine worldwide. We present the case of a 74-year-old woman afflicted with advanced liver cancer whose attending physician, per request of the family, did not inform her of her true diagnosis. In our analysis, we explore the differences in informed-consent styles between patients who hold an "independent" and "interdependent" construal of the self and then highlight the possible implications maintained by this position in the context (...) of international clinical ethics. Finally, we discuss the need to reassess informed-consent styles suitable to the needs of each patient regardless of whether he or she resides in the United States or in Japan. (shrink)

In Liberalism, Community and Culture, Will Kymlicka suggests that the cultural resources with which communitarians have been concerned, inasmuch as they are prerequisites for the individual choice of the good, are appropriate objects of liberal protection. But Kymlicka's liberalism fails to fully meet the concerns of those who see their communities as intrinsically valuable—not merely as necessary means for the clarification of their options. Ultimately Kymlicka's approach shares in the tendency of liberalism to reduce manifold values to the single standard (...) of equal concern for individuals—which results in a paternalistic disregard for those individuals’ actual motivations. (shrink)

Philosophy written in Arabic and in the Islamic world represents one of the great traditions of Western philosophy. Inspired by Greek philosophical works and the indigenous ideas of Islamic theology, Arabic philosophers from the ninth century onwards put forward ideas of great philosophical and historical importance. This collection of essays, by some of the leading scholars in Arabic philosophy, provides an introduction to the field by way of chapters devoted to individual thinkers or groups, especially during the 'classical' period from (...) the ninth to the twelfth centuries. It also includes chapters on areas of philosophical inquiry across the tradition, such as ethics and metaphysics. Finally, it includes chapters on later Islamic thought, and on the connections between Arabic philosophy and Greek, Jewish, and Latin philosophy. The volume also includes a useful bibliography and a chronology of the most important Arabic thinkers. (shrink)

Moralism involves the distortion of moral thought, the distortion of reflection and judgement. It is a vice, and one to which many - from the philosopher to the media pundit to the politician - are highly susceptible. This book examines the nature of moralism in specific moral judgements and the ways in which moral philosophy and theories about morality can themselves become skewed by this vice. This book ranges across a wide range of topics: the problem of the demandingness of (...) morality; the conflict between moral and other values; the contrast between the practice of moral philosophy and other modes of moral thought or reflection; moralism in the media; and, moralism in the public discussion of literature and art. This highly original and provocative book will be of interest to students of philosophy, psychology, theology and media, and to anyone who takes a serious interest in contemporary morality. (shrink)

A tension has been identified between the acquisition and participation metaphors for learning, and it is generally agreed that this tension has still not been adequately resolved. In this paper, we offer an alternative to the acquisition and participation metaphors for learning: the metaphor of mastering. Our claim is that the mastering metaphor, as grounded in inferentialism, allows one to treat both the acquisition and participation dimensions of learning as complementary and mutually constitutive. Inferentialism is a semantic theory which explains (...) concept formation in terms of the inferences individuals make in the context of an intersubjective practice of acknowledging, attributing, and challenging one another's commitments. We first introduce the key concepts of inferentialism and consider the perspective on learning that inferentialism inspires. Then, we condense the lessons of the inferentialist concepts into a single mastering metaphor for learning and argue that learning consists in the process by which learners come to master concepts and practices. We conclude by discussing how the mastering metaphor could be put to work in a theoretical reconciliation of the cognitive and sociocultural dimensions of learning. (shrink)

This book provides an introduction to Plato’s work that gives a clear statement of what Plato has to say about the problems of thought and life. In particular, it tells the reader just what Plato says, and makes no attempt to force a system on the Platonic text or to trim Plato’s works to suit contemporary philosophical tastes. The author also gives an account that has historical fidelity - we cannot really understand the Republic or the Gorgias if we forget (...) that the Athens of the conversations is meant to be the Athens of Nicias or Cleon, not the very different Athens of Plato’s own manhood. To understand Plato’s thought we must see it in the right historical perspective. (shrink)

I must explain at once that these few pages do not attempt or pretend to be anything like a formal review of the recently published posthumous volume of Professor Bowman with the same title. I am precluded from writing such a review partly by the wide range of problems attacked by the author, partly by my own insufficient familiarity with many of the positions of the most recent physical and natural science which are brought under review. I will therefore confine (...) myself, so far as the strict business of the reviewer is concerned, to the single remark that the editor, Professor J. W. Scott, has discharged his difficult task of preparing the book for publication—no easy matter, as will be seen from his Preface—with equal skill and devotion, and has laid himself open to no worse criticism than that there are less than a dozen obvious slight misprints which have escaped detection, but will readily be detected by a careful reader. What I propose to do in the remarks which follow is simply to indicate the very real importance of the book by saying something as to its main purpose and thesis, and the points where I still feel that there is some difficulty or ambiguity about the writer's position which would, no doubt, have been largely cleared up if he had lived to reconstruct the whole six of his Vanuxem Lectures for publication as he has done the first three. (shrink)

Is it possible to say anything on the well-worn theme of human freedom or unfreedom which has not been ahready better said by someone else before us? It may be doubted; yet it is always worth while to see whether we cannot at least set what is perhaps already familiar to us in a fresh light and so come to a clearer comprehension of our own meaning. This, at any rate, is all that will be attempted in these pages; I (...) have spoken in an earlier essay of the “practical situation” in which we find ourselves whenever we have to make a decision as involving indetermination , and my purpose is simply to make it plainer to myself, and so incidentally perhaps to a reader, what I mean by such an expression. I shall start, then, by adopting what we may perhaps agree to call a phenomenological attitude to the subject; that is, I will try to describe the facts in a way which anyone who recalls occasions when he has been driven to take a decision will recognize as faithful to his experience, without imparting into the description any element of explanatory speculative hypothesis. The description is meant to be one which will be admitted to be true to the “appearances,” independently of any theory about the “freedom of the will”—to describe correctly that which it is the object of all such theories to explain. (shrink)

Measuring outcomes using quantitative analytic methods is the hallmark of scientific research in healthcare. For clinical ethics support services (CESS), tangible outcome metrics are lacking and literature examining CESS quality is limited to evaluation of single cases or the influence on individual healthcare professional’s perceptions or behaviour. This represents an enormous barrier to implementing and evaluating ethics initiatives to improve quality. In this context, Kok _et al_ propose a theoretical framework for how moral case deliberation (MCD) can drive quality at (...) an organisational-level, termed _morisprudence_ 1. By offering mechanistic insights into how MCD can lead to organisational learning and quality improvement (QI), they provide a roadmap for actionable items to measure quality. As conceptualised, _morisprudence_ follows accumulation of organisational practical wisdom from a repertoire of ‘paradigmatic’ MCDs, aiding identification of patterns of morally important features. Here, there are parallels between healthcare professionals’ clinical judgement, where past experience... (shrink)