All things considered, there are many public assistance recipients for whom there are compelling moral reasons to engage in welfare fraud. For many people, failure to defraud the welfare system, should they find themselves in a position to do so with impunity, would constitute a serious moral offense. This conclusion seems to fly in the face of prevailing notions of common sense. But this is misleading, since it is at the same time implied by principles that are widely (...) embraced, assuming a set of circumstances that can be readily shown to obtain in many cases. Under that set of circumstances, and given our affirmation of certain basic moral convictions, we cannot consistently blame the practitioner of welfare fraud, or excuse, without special justifications, the legal conformist. (shrink)

Emotions are an everyday occurrence. Much work has been done into what the point of emotion is and what part emotions might play in our lives. The great impact emotions have on our lives means it’s not surprising that great philosophers have studied them over the centuries. Anger is an emotion that we encounter every day and most of us are very familiar with. Anger is a response to some ‘wrongfully’ inflicted damage to someone or something that one cares about. (...) When this happens, it is natural for us to feel the need for ‘payback. It is generally agreed by most philosophers that this wish for retribution is a key part of feeling anger. If there is no wish for retribution in your mind when you think you experience anger then perhaps you are experiencing grief or some other emotion. Nussbaum states that anger is a central threat to decent human interactions and posits that a necessary component of anger is the wish for retribution. She states that a wish for retribution can occur independently of anger but anger cannot occur independently of a wish for retribution. In this case – we would be feeling different emotion. This paper has two sections; In section One I will discuss in detail Nussbaum’s view, the two concepts of anger she presents: ‘Payback Anger’ and ‘Status Anger’. The former being anger with a retributive element and the latter being where one would react to an insult or wrong with anger in order to ‘put someone back in their place’ so to speak. This is followed by a brief word on why Nussbaum thinks anger might be beneficial in some circumstances. Section Two discusses cases of anger without the retributive element and how Nussbaum might respond to these cases. We will see how we can be angry at something within our circle of concern but simply want an end to the issue such as a war. This may not involve retribution but still generates anger. I discuss how we can be angry at a flatmate or family member but not want retribution. “Self-Retributive anger” comes up as another case where there does not seem to be retribution involved in anger towards the self. I also discuss here what retribution might consist of and how Nussbaum’s view is unclear on this. The conclusion will summarise the objections to Nussbaum’s view and the objections to that view culminating in a request for further empirical research to determine if we can establish the nature of the feeling of anger in humans. (shrink)

A traditional belief is that there is but one self to a body, and that each of us has a single biography and personality. Varieties of this monistic view have dominated most of mankind’s intellectual history in philosophy, science, religion, and psychology, as well as legal and social theory. It has been challenged by appeal to those people whom psychiatry labels “multiple,” or “dissociated” personalities who, some claim, are “multiple selves.” This may be adequate if the self is explained (...) by reference to personality. But if the self is characterized in terms of self-awareness, its numerical identity will be independent of that of the individual’s personality. On this account, the self is a biological ability that forms the basis of subjective reality without determinately enumerating the subject living it. The concept “self” is ambiguous and contextually sensitive; its meaning can vary with circumstances. On conceptual, ethical and existential grounds, a minimal conception of the self should be adopted without thereby excluding complementary stronger notions of the self. In principle, one organism could thus simultaneously be one and many selves in different meanings of that term. In human societies, the importance of being a self can hardly be overestimated, and any denial of this status must therefore carefully be considered. (shrink)

Despite recent advances in ways to prevent transmission of HIV from a mother to her child during pregnancy, infants continue to be born and become infected with HIV, particularly in southern Africa where HIV prevalence is the highest in the world. In this region, emphasis has shifted from voluntary HIV counselling and testing to routine testing of women during pregnancy. There have also been proposals for mandatory testing. Could mandatory testing ever be an option, even in high-prevalence settings? (...) Many previous examinations of mandatory testing have dealt with it in the context of low HIV prevalence and a well-resourced health care system. In this discussion, different assumptions are made. Within this context, where mandatory testing may be a strategy of last resort, the objections to it are reviewed. Special attention is paid in the discussion to the entrenched vulnerability of women in much of southern Africa and how this contributes to both HIV prevalence and ongoing challenges for preventing HIV transmission during pregnancy. While mandatory testing is ethically plausible, particularly when coupled with guaranteed access to treatment and care, the discussion argues that the moment to employ this strategy has not yet come. Many barriers remain for pregnant women in terms of access to testing, treatment and care, most acutely in the southern African setting, despite the presence of national and international human rights instruments aimed at empowering women and removing such barriers. While this situation persists, mandatory HIV testing during pregnancy cannot be justified. (shrink)

Despite recent advances in ways to prevent transmission of HIV from a mother to her child during pregnancy, infants continue to be born and become infected with HIV, particularly in southern Africa where HIV prevalence is the highest in the world. In this region, emphasis has shifted from voluntary HIV counselling and testing to routine testing of women during pregnancy. There have also been proposals for mandatory testing. Could mandatory testing ever be an option, even in high‐prevalence settings? (...) Many previous examinations of mandatory testing have dealt with it in the context of low HIV prevalence and a well‐resourced health care system. In this discussion, different assumptions are made. Within this context, where mandatory testing may be a strategy of last resort, the objections to it are reviewed. Special attention is paid in the discussion to the entrenched vulnerability of women in much of southern Africa and how this contributes to both HIV prevalence and ongoing challenges for preventing HIV transmission during pregnancy. While mandatory testing is ethically plausible, particularly when coupled with guaranteed access to treatment and care, the discussion argues that the moment to employ this strategy has not yet come. Many barriers remain for pregnant women in terms of access to testing, treatment and care, most acutely in the southern African setting, despite the presence of national and international human rights instruments aimed at empowering women and removing such barriers. While this situation persists, mandatory HIV testing during pregnancy cannot be justified. (shrink)

Are there universal ethical principles that should govern the conduct of medicine and research worldwide? -- Is it morally acceptable to buy and sell organs for human transplantation? -- Were it physically safe, would human reproductive cloning be acceptable? -- Is the deliberately induced abortion of a human pregnancy ethically justifiable? -- Is it ethical to patent or copyright genes, embryos, or their parts? -- Should minors have the right to refuse treatment, even when against the will of their (...) parents or guardians? -- Is physician-assisted suicide ever ethical? -- Should stem cell research utilizing embryonic tissue be conducted? -- Should we prohibit the use of chimpanzees and other great apes in biomedical research? -- Should the United States of America adopt universal health care? -- Is there a legitimate place for human genetic enhancement? -- Can there be agreement as to what constitutes human death? -- Is there ever a circumstance in which a doctor may withhold information? -- Should in vitro fertilization be an option for a woman? -- Are international clinical trials exploitative? (shrink)

The woman at the heart of Pearl Jam’s “Better Man” (Vitalogy, 1994) is trapped. She has committed herself to a relationship that makes her miserable, but she sees no viable alternative to staying in it. She mourns a past self who might have been able to leave and dreams of a dierent way things might be, but remains unable to move on. It is tempting to view her with a mixture of pity and frustration (reecting some of the personal circumstances (...) -- Eddie Vedder’s mother’s second marriage -- informing its composition). As a moral being, she appears to be hopelessly compromised by her situation, even as she is also doing her best to survive under conditions designed to undermine her autonomy and keep her trapped (as abusive relationships do). The song is not so much critical of her choice to stay as it is confused by and resigned to it. -/- What keeps a person where she so clearly does not want to be? -/- The song itself was, at least early in its recorded life for Pearl Jam, similarly compromised. Vedder appears to have thought of it as too “accessible”, too much of a pop hit for the kind of musical vision he had in mind either for Vs. (for which it had originally been intended) or for Vitalogy; by this point in the band’s career, he was ever more actively resisting success, accessibility, and everything that went with the version of rock star life imposed collectively on the band and on him as an individual. The form that resistance took was an exercise of artistic and other forms of control, sometimes exercised in ways that were destructive or damaging (to the band and its internal relationships, its fame or success, its image, its artistic identity, etc.). -/- What keeps an artist or a band where they so clearly do not want to be? In this chapter, I oer a loose exploration of some possible philosophical approaches to answering the question of what keeps us where we are, like it or not, worked out in parallel through the lyrics of “Better Man” and the circumstances of the song’s eventual arrival Vitalogy. My main interest is in examining the ethical dimensions of the question itself -- what, if anything, are we morally required or expected to do under compromised or compromising conditions? My main suggestion is that answering the question might require of us a messier, more ambivalent, and perhaps more compassionate notion of moral agency, inspired by Simone Weil’s work on affliction. (shrink)

Is there ever any reason for a doctor to lie to a patient? In this paper, we critically review the literature on lying to patients and challenge the common notion that while lying is unacceptable, a related entity--'benevolent deception' is defensible. Further, we outline a rare circumstance when treating psychotic patients where lying to the patient is justified. This circumstance is illustrated by a clinical vignette.

This chapter argues that there is a collective responsibility to have enough children in order to ensure that people will not, in the future, suffer great harm due to depopulation. Moreover, if people stopped having children voluntarily, it could be legitimate for states to incentivize and maybe even coerce individuals to bear and rear children. Various arguments against the enforceability of an individual duty to bear and rear children are examined. Coercing people to have children would come at significant (...) moral cost; however, none of the arguments against enforceability seem decisive. The existence of a collective responsibility to have children bears on the question of whether parents and non-parents ought to shoulder the costs of childbearing and child rearing together. (shrink)

Arguments in the neuroenhancement debate are sometimes based upon idealistic scenarios involving the assumption of using a drug that has no or negligible side effects. At least it is often implicitly assumed – as technology and scientific knowledge advances - that there soon will be a drug with no or negligible side effects. We will review evidence from neuroscience, complex network research and evolution theory and demonstrate that - at least in terms of psychopharmacological intervention – on the basis (...) of our understanding of brain function it seems inconceivable that there ever will be a drug that has the desired effect without undesirable side effects. We will illustrate this by reference to enhancing edge detection in V2 in monkeys and demonstrate that even for this localised single neuron coded function there would be numerous side effects. Taking the more realistic case of pharmacological enhancement that is inevitably associated with side effects will change consequentialist arguments for neuroenhancement and have implications for the conception of autonomy, specifically in the case of performance enhancement. We conclude that a neuroethics debate that aims to inform policy decisions should take these findings into account. We hope that our article will precipitate more interdisciplinary research in neuroscience and philosophy. (shrink)

Entrepreneurs typically live with the ever-present threat of business failure arising from limited financial resources and aggressive competition in the marketplace. Under these circumstances, conflicting priorities arise and the entrepreneur is thus faced with certain dilemmas. In seeking to resolve these, entrepreneurs must often rely on their own judgment to determine “what is right”. There is thus a need for a technique to assist them decide on a course of action when no precedent or obvious solution exists. This (...) research paper examines how entrepreneurs experience and deal with these dilemmas. The research is based on interviews with seven entrepreneurs in established service-oriented ventures, which gave rise to 26 dilemmas. These dilemmas were analyzed by making use of the Synergy Star technique, which is introduced here as a tool that is useful in defining any dilemma, isolating the ethical component, and resolving the dilemma in a way that is congruent with the entrepreneur’s personal world-view. (shrink)

A sentence is never not in a context. We are never not in a situation. A statute is never not read in the light on some purpose. A set of interpretative assumptions is always in force. A sentence that seems to need no interpretation is already the product of one...No sentence is ever apprehended independently of some or other illocutionary force. Illocutionary force is the key term in speech-act theory. It refers to the way an utterance is taken—as an (...) order, a warning, a promise, a proposal, a request, etc.—and the theory's strongest assertion is that no utterance is ever taken purely, that is, without already having been understood as the performance of some illocutionary act. Consider, as an example, the sentence "I will go." Depending on the context in which it is uttered, "I will go" can be understood as a promise, a threat, a warning, a report, a prediction, etc., but it will always be understood as one of these, and it will never be an unsituated kernel of pure semantic value. In other words, "I will go" does not have a basic or primary meaning which is then put to various illocutionary uses; rather, "I will go" is known only in its illocutionary lives, and in each of them its meaning will be different. Moreover, if the meaning of a sentence is a function of its illocutionary force , and if illocutionary force varies with the circumstances, then illocutionary force is not a property of sentences, but of situations. That is, while a sentence will always have an illocutionary force , the illocutionary force it has will not always be the same. Stanley E. Fish is the author of, among many other works, Is There a Text in This Class? Interpretative Authority in the Classroom and in Literary Criticism, and The Living Temple: George Herbert and Catechizing. His contributions to Critical Inquiry include "Facts and Fictions: A Reply to Ralph Rader" , "Interpreting the Variorum" , "Interpreting 'Interpreting the Variorum'" , "A Reply to John Reichert; or, How to Stop Worrying and Learn to Love Interpretation" , and "One More Time". (shrink)

Is there is a moral obligation to militarily intervene in another state to stop a genocide from happening (if this can be done with proportionate force)? My answer is that under exceptional circumstances a state or even a non-state actor might have a duty to stop a genocide (for example if these actors have promised to do so), but under most circumstances there is no such obligation. To wit, “humanity,” states, collectives, and individuals do not have an obligation (...) to make such promises in the first place or to create institutions that would impose a legal obligation of intervention upon them. Nor do states or persons or humanity “collectively” have – originally, without specifically creating such duties by contracts or promises – any pro tanto or special duties to save strangers at considerable cost to themselves or their own citizens (including their soldiers). That is, these costs do not merely override a duty to intervene, but rather there is no such duty to begin with – as shown by the fact that in such cases of non-intervention agents would not owe those they let die any compensation: if I do not save someone’s life because saving him would have cost me my arm or would have come with a high risk of losing my own life or would have forced me to kill innocent bystanders, I do not owe this person compensation. Thus the point of this chapter is that there is no “natural” or “general” or “original” duty to militarily intervene (or to create a legal obligation) to stop a genocide. I will consider and refute a number of arguments to the contrary, for example by Lango, Tan, and Pattison. (shrink)

In this provocative book, Alexander offers a sceptical appraisal of the claim that freedom of expression is a human right. He examines the various contexts in which a right to freedom of expression might be asserted and concludes that such a right cannot be supported in any of these contexts. He argues that some legal protection of freedom of expression is surely valuable, though the form such protection will take will vary with historical and cultural circumstances and is not a (...) matter of human right. Written in a clear and accessible style, this book will appeal to students and professionals in political philosophy, law, political science, and human rights. (shrink)

Entrepreneurs typically live with the ever-present threat of business failure arising from limited financial resources and aggressive competition in the marketplace. Under these circumstances, conflicting priorities arise and the entrepreneur is thus faced with certain dilemmas. In seeking to resolve these, entrepreneurs must often rely on their own judgment to determine “what is right”. There is thus a need for a technique to assist them decide on a course of action when no precedent or obvious solution exists. This (...) research paper examines how entrepreneurs experience and deal with these dilemmas. The research is based on interviews with seven entrepreneurs in established service-oriented ventures, which gave rise to 26 dilemmas. These dilemmas were analyzed by making use of the Synergy Star technique, which is introduced here as a tool that is useful in defining any dilemma, isolating the ethical component, and resolving the dilemma in a way that is congruent with the entrepreneur’s personal world-view. (shrink)

In this provocative book, Alexander offers a sceptical appraisal of the claim that freedom of expression is a human right. He examines the various contexts in which a right to freedom of expression might be asserted and concludes that such a right cannot be supported in any of these contexts. He argues that some legal protection of freedom of expression is surely valuable, though the form such protection will take will vary with historical and cultural circumstances and is not a (...) matter of human right. Written in a clear and accessible style, this book will appeal to students and professionals in political philosophy, law, political science, and human rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:IS THERE A LANGUAGE-GAME THAT EVEN THE DECONSTRUCTIONIST CAN PLAY? by Steven Fuller After reading A. J. Cascardi's fascinating "Skepticism and Deconstruction," I am led to ask the question that "entitles" this response.1 The answer I want to give is "yes," but Cascardi has made the task more difficult than I would have liked. In brief, he has dissociated deconstruction from all philosophical pursuits, including skepticism, which it (...) superficially resembles. I shall proceed, first, by reasserting deconstruction 's skeptical credentials and, then, by showing how these credentials enable the deconstructionist to play an interesting language-game. I Cascardi's thesis is most vividly stated in the following passage: But the deconstructionist, wrongly thought of as a skeptic, has no idea of what an epistemology counter to his uncertainties and indeterminacies would look like. This is because he is out to question the very axis ofwhich skepticism and epistemology are the opposite poles. Because his questioning shows up as a denial of the principle of non-contradiction, one is likely to think that deconstruction is a form of irrationalism. (p. 7) For all its forcefulness, this statement suggests that Cascardi may have fallen prey to a Cartesian ruse involving the meaning of "skepticism." A coherent history of skepticism can be told that extends from Sextus Empiricus's Outlines ofPyrrhonism (c. 200 AD) to Pierre Bayle's Historical and Critical Dictionary (c. 1700) without ever mentioning Descartes. The theme 104 Steven fuller105 of this history would be that no claims to knowledge are certifiable. In a more modern vein, we would say that no proposition has a determinate truth-value. The skeptics in our history would be presented as moral philosophers instructing their readers on how to live in a world in which they can never tell the true from the false — a world in which doubt is the natural attitude. The paraphrase is crucial because virtually all philosophers — most notably Husserl — have regarded doubt as unnatural, a psychic tension that must somehow be resolved. And just as hunger motivates the drive for food, it has usually been assumed that doubt motivates the drive for method. Whereas food sustains the physical needs of the sentient being as it reduces hunger, so too method sustains the cognitive needs of the rational being as it reduces doubt. Our skeptics have perennially noted that to think of all knowledge claims as certifiably true or false would be to think that nature answers us directly upon being addressed. In less metaphorical terms, we would be speaking a language whose predicates pick out natural kinds. The "dogmatists," as Sextus and Bayle liked to call their opponents (we would now call them "foundationalists"), could then easily conceive of how nature appears to us as nature's response to our utterances. To drive home the dogmatists' intentionalist stance toward nature, instead of "how nature appears to us," we might say "how nature represents itselfto us." In the case of truths, nature represents itself transparently, while in the case of falsehoods, representation has gone awry: either we misspoke or nature deceived us. To put the blame on ourselves is to call for a revision in method; to put the blame on nature is to suspect that an evil designer, a Cartesian demon, is behind the faulty appearances. The point, of course, is that one needs to be a dogmatist in order to have Descartes's more demonic thoughts. The classical skeptic, who held the language-world link to be purely conventional, used the uncertifiability of knowledge claims as an argument for denying any design whatsoever to nature — either for good or for ill. Descartes muddled things, however, when he interpreted the skeptical stance as claiming that all knowledge claims may turn out to be false. From the First Meditation, it is never made clear why we should worry about the Cartesian demon (and hence send him into cognitive exile as quickly as possible). Presumably, the concern arises from the possibility of discovering that the appearances are indeed illusory — that is, certifiablyfalse. This concern becomes a full-fledged anxiety once the doubter realizes that he ultimately has no control over how his doubt is resolved. In other words... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:IS THERE A PRUSSIAN HUME? or How Far Is It from Könisberg to Edinburgh! Lewis White Beck has recently argued that Hume, in spite of his empiricist commitment, implicitly recognized the limitations of that position when he incorporated in his thinking ideas that are essentially Kantian and incompatible with his official empiricism. Beck is not, of course, the first so to argue; Robert Paul Wolff made a 2 (...) similar claim some years ago in a well-known paper. Wolff's case has, however, been challenged, and it is the aim of the present paper to challenge Beck's somev.'hat different case. 4 Beck argues that Hume has two causal principles: (1)Every event has a cause (2)Same cause, same effect the second of which he claims Hume defends, and the first of which he claims Hume does not defend. He then turns to the case of perception, where we observe an object once intermittently and once continuously. The result is a gappy series of impressions in the first case, and a non-gappy one in the second. The existence of the gap falsifies principles (1) and (2). In order to save principle (2), Beck argues, Hume relies on principle (1). The latter enables Hume to "feign" unobserved events to fill the gap. But (1) is also falsified by the empirical data, that is, the existence of the gap. So this appeal to (1) is illegitimate. At least it is illegitimate if the only support we are permitted to use is observational data. And that is all that the official Hume, committed to empiricism, is permitted to use. However, Hume does use (1), contrary to what his official position allows. This suggests that he recognizes, what Kant explicitly argued, that there are non-empirical reasons justifying the acceptance of (1). And it is here that we see the Prussian aspects of the Scots sceptic. Beck's case depends upon three points: (a)He must separate principles (1) and (2). (b)He must argue that gappy series of impressions are filled by appealing to (1). (c)He must argue that gappy series of impressions falsify (1), rendering its use to fill those gaps illegitimately. In what follows it is argued that the distance from Königsberg to Edinburgh cannot thus be bridged. Specifically, it is argued, first, that (a) is false, or, more specifically that for Hume (2) entails (1) ; second, that, when (1) and (2) are so understood, then (b) is partially correct; and third, that, when (1) and (2) are taken as Hume takes them, then (c) is incorrect: the gaps do not falsify (1), its use remains legitimate. Let us begin with principle (2), the "same cause, same effect" principle. This principle is Rule 4 of Hume's rules by which to judge of causes and effects. He states it as The same cause always produces the same effect, and the same effect never arises hut from the same cause. (T173) Rules 1-3 give the analysis of the causal relation insofar as it is an ob8 jective relation among things. Rule 4 then makes a claim about events and causes. Rule 4 is followed by four rules which are the best statement of Mill's Methods of eliminative induction prior to Herschell's Preliminary Discourse. When one of these methods is used, the data eliminate all possible hypotheses but one, and the conclusion is that this uneliminated hypothesis must be true, correctly describing the relevant causal relation. Hume carefully points out that we draw this conclusion not from the data alone, but 3. also from the "same cause, same effect" principle. Thus, when Hume states Rule 5, the method of agreement, he writes There is another principle, which hangs upon this [i.e., upon Rule 4, "same cause, same effect"], viz. that where several different objects produce the same effect, it must be by means of some quality, which we discover to be common amongst them. For as_ like effects imply like causes, we must always ascribe the causation to the circumstance, wherein we discover the resemblance. (T174, italics added) We can bring out the logic of the situation if we translate this into the... (shrink)

An Indian Court recently awarded 50,000 rupees damages to a couple who gave birth to their fourth daughter. The couple were mistakenly told they were carrying a male fetus. The doctor mistook a section of the umbilical cord for a penis. The husband said: “We are already struggling to raise three children. This was a big sacrifice for us to have a fourth child. We would have had an abortion if we had known it was a girl”. The cost of (...) damages amounted to the dowry they would have to pay at the time of their daughter's marriage.This is a fictional case. But the cases of Nicholas Perruche and Lionel1 are not fictional. According to reports, damages were paid to these children on the basis of what the media has described as a “right not to be born”. Is there a “right not to be born?” Was it right to compensate Nicholas Perruche for being born with congenital rubella and Lionel for being born with Down's syndrome?HARM TO THE CHILDWhat constitutes a right is a complex question. On one interpretation, rights protect interests. This implies that a right not to be born would exist if a child had an interest in not being born. Is it ever in a child's interests not to have been born? If it were, this might imply the child is better off dead than alive, as the Collective against Handiphobia claim. Is it better to be dead than have Down's syndrome?Some people do believe that Down's syndrome constitutes a life not worth living.2 But this view seems false. Children with Down's syndrome can and often do lead happy and worthwhile lives. After all, we do not suggest that other animals have a right not to be born or a life not worth …. (shrink)

It is exceedingly frequent for people to speak of the ‘passing of time’. We do not, on the other hand, speak of the ‘passing of space’. There do not seem to be any common locutions concerning spatial passage analogous to those of time’s assumed passage. Further, there is a long held belief in the philosophy of time that there is no spatial analogue of the passage of time. This opinion does not take into account circumstances that cannot (...) be noticed in day-to-day existence and which indicate that there is such a spatial analogue. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:IS THERE A PRUSSIAN HUME? or How Far Is It from Könisberg to Edinburgh! Lewis White Beck has recently argued that Hume, in spite of his empiricist commitment, implicitly recognized the limitations of that position when he incorporated in his thinking ideas that are essentially Kantian and incompatible with his official empiricism. Beck is not, of course, the first so to argue; Robert Paul Wolff made a 2 (...) similar claim some years ago in a well-known paper. Wolff's case has, however, been challenged, and it is the aim of the present paper to challenge Beck's somev.'hat different case. 4 Beck argues that Hume has two causal principles: (1)Every event has a cause (2)Same cause, same effect the second of which he claims Hume defends, and the first of which he claims Hume does not defend. He then turns to the case of perception, where we observe an object once intermittently and once continuously. The result is a gappy series of impressions in the first case, and a non-gappy one in the second. The existence of the gap falsifies principles (1) and (2). In order to save principle (2), Beck argues, Hume relies on principle (1). The latter enables Hume to "feign" unobserved events to fill the gap. But (1) is also falsified by the empirical data, that is, the existence of the gap. So this appeal to (1) is illegitimate. At least it is illegitimate if the only support we are permitted to use is observational data. And that is all that the official Hume, committed to empiricism, is permitted to use. However, Hume does use (1), contrary to what his official position allows. This suggests that he recognizes, what Kant explicitly argued, that there are non-empirical reasons justifying the acceptance of (1). And it is here that we see the Prussian aspects of the Scots sceptic. Beck's case depends upon three points: (a)He must separate principles (1) and (2). (b)He must argue that gappy series of impressions are filled by appealing to (1). (c)He must argue that gappy series of impressions falsify (1), rendering its use to fill those gaps illegitimately. In what follows it is argued that the distance from Königsberg to Edinburgh cannot thus be bridged. Specifically, it is argued, first, that (a) is false, or, more specifically that for Hume (2) entails (1) ; second, that, when (1) and (2) are so understood, then (b) is partially correct; and third, that, when (1) and (2) are taken as Hume takes them, then (c) is incorrect: the gaps do not falsify (1), its use remains legitimate. Let us begin with principle (2), the "same cause, same effect" principle. This principle is Rule 4 of Hume's rules by which to judge of causes and effects. He states it as The same cause always produces the same effect, and the same effect never arises hut from the same cause. (T173) Rules 1-3 give the analysis of the causal relation insofar as it is an ob8 jective relation among things. Rule 4 then makes a claim about events and causes. Rule 4 is followed by four rules which are the best statement of Mill's Methods of eliminative induction prior to Herschell's Preliminary Discourse. When one of these methods is used, the data eliminate all possible hypotheses but one, and the conclusion is that this uneliminated hypothesis must be true, correctly describing the relevant causal relation. Hume carefully points out that we draw this conclusion not from the data alone, but 3. also from the "same cause, same effect" principle. Thus, when Hume states Rule 5, the method of agreement, he writes There is another principle, which hangs upon this [i.e., upon Rule 4, "same cause, same effect"], viz. that where several different objects produce the same effect, it must be by means of some quality, which we discover to be common amongst them. For as_ like effects imply like causes, we must always ascribe the causation to the circumstance, wherein we discover the resemblance. (T174, italics added) We can bring out the logic of the situation if we translate this into the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:IS THERE A PRUSSIAN HUME? or How Far Is It from Könisberg to Edinburgh! Lewis White Beck has recently argued that Hume, in spite of his empiricist commitment, implicitly recognized the limitations of that position when he incorporated in his thinking ideas that are essentially Kantian and incompatible with his official empiricism. Beck is not, of course, the first so to argue; Robert Paul Wolff made a 2 (...) similar claim some years ago in a well-known paper. Wolff's case has, however, been challenged, and it is the aim of the present paper to challenge Beck's somev.'hat different case. 4 Beck argues that Hume has two causal principles: (1)Every event has a cause (2)Same cause, same effect the second of which he claims Hume defends, and the first of which he claims Hume does not defend. He then turns to the case of perception, where we observe an object once intermittently and once continuously. The result is a gappy series of impressions in the first case, and a non-gappy one in the second. The existence of the gap falsifies principles (1) and (2). In order to save principle (2), Beck argues, Hume relies on principle (1). The latter enables Hume to "feign" unobserved events to fill the gap. But (1) is also falsified by the empirical data, that is, the existence of the gap. So this appeal to (1) is illegitimate. At least it is illegitimate if the only support we are permitted to use is observational data. And that is all that the official Hume, committed to empiricism, is permitted to use. However, Hume does use (1), contrary to what his official position allows. This suggests that he recognizes, what Kant explicitly argued, that there are non-empirical reasons justifying the acceptance of (1). And it is here that we see the Prussian aspects of the Scots sceptic. Beck's case depends upon three points: (a)He must separate principles (1) and (2). (b)He must argue that gappy series of impressions are filled by appealing to (1). (c)He must argue that gappy series of impressions falsify (1), rendering its use to fill those gaps illegitimately. In what follows it is argued that the distance from Königsberg to Edinburgh cannot thus be bridged. Specifically, it is argued, first, that (a) is false, or, more specifically that for Hume (2) entails (1) ; second, that, when (1) and (2) are so understood, then (b) is partially correct; and third, that, when (1) and (2) are taken as Hume takes them, then (c) is incorrect: the gaps do not falsify (1), its use remains legitimate. Let us begin with principle (2), the "same cause, same effect" principle. This principle is Rule 4 of Hume's rules by which to judge of causes and effects. He states it as The same cause always produces the same effect, and the same effect never arises hut from the same cause. (T173) Rules 1-3 give the analysis of the causal relation insofar as it is an ob8 jective relation among things. Rule 4 then makes a claim about events and causes. Rule 4 is followed by four rules which are the best statement of Mill's Methods of eliminative induction prior to Herschell's Preliminary Discourse. When one of these methods is used, the data eliminate all possible hypotheses but one, and the conclusion is that this uneliminated hypothesis must be true, correctly describing the relevant causal relation. Hume carefully points out that we draw this conclusion not from the data alone, but 3. also from the "same cause, same effect" principle. Thus, when Hume states Rule 5, the method of agreement, he writes There is another principle, which hangs upon this [i.e., upon Rule 4, "same cause, same effect"], viz. that where several different objects produce the same effect, it must be by means of some quality, which we discover to be common amongst them. For as_ like effects imply like causes, we must always ascribe the causation to the circumstance, wherein we discover the resemblance. (T174, italics added) We can bring out the logic of the situation if we translate this into the... (shrink)

It is exceedingly frequent for people to speak of the ‘passing of time’. We do not, on the other hand, speak of the ‘passing of space’. There do not seem to be any common locutions concerning spatial passage analogous to those of time’s assumed passage. Further, there is a long held belief in the philosophy of time that there is no spatial analogue of the passage of time. This opinion does not take into account circumstances that cannot (...) be noticed in day-to-day existence and which indicate that there is such a spatial analogue. (shrink)

Pietsch, Chelsea In a claim of negligence, plaintiffs must be able to prove that they have suffered some sort of damage or loss. Proving damage is usually a straightforward task which involves making a comparison between the plaintiff's position before and after the alleged negligence. However, what damage has been done if a doctor's negligence results in the conception and subsequent birth of a child? Is it ever possible to conceive of life as damage? These questions must ultimately be (...) addressed in wrongful birth claims where parents seek compensation for the conception and/or birth of a life that would not have existed but for the doctor's negligent advice or treatment. However, they are not as easy for judges to answer as you may think. Judges have a duty to resolve such matters - not with reference to vague notions of 'common sense' or 'community interests' - but in accordance with established law. However, what if there is no statute or precedent that speaks on the matter? How should judges resolve such 'novel' issues? Can judges rely on 'common sense' or arguments about 'community interests' in these limited circumstances? The question of whether or not a child may be categorised as damage for the purpose of satisfying a claim in negligence is such an issue. In this essay I acknowledge that, in the absence of guiding legal rules and principles, judges have no choice but to resolve novel questions on grounds of policy considerations. I suggest, however, that a distinction should be made between legal and public policy and that reliance on the former, not the latter, may be used to assert that children are blessings, not injuries. While it may be morally desirable for the issue to end there, this is not the case. Legal policy has also developed the notion of reproductive autonomy in such a way that suggests the opposite may also be true. In an attempt to resolve these conflicting values, I propose the damage in wrongful birth cases is not the conception and/or birth of a child but rather a doctor's infringement on their patient's reproductive autonomy, which warrants legal recognition in the form of compensation. (shrink)

The title of this dissertation is a question: Is there a future to Marxist humanism? The work itself is an affirmative answer. The motive behind asking this question is the perennial debate surrounding the relevance of Marxism as a school of social and political thought. There are aspects of Marxism that are, arguably, no longer tenable, yet there are others that are more relevant today than ever. It is the argument of the following dissertation that Marxist (...) humanism is of continued relevance as both an analytical tool as well as a fertile ground for a political project of emancipation. However, the notion of a uniquely "Marxist humanism" is problematic. The fact that it is "Marxist" might lead to the confusion that it is thus based solely on the teachings of Karl Marx. Although his works provide the groundwork to the present project, it is the spirit and not necessarily the letter of Marxism that motivates the following discussion. That is, Marx's humanist project can continue without necessarily relying on his more questionable doctrines. The spirit of Marxist humanism lies in its demand for human well-being through mutual recognition achieved within an appropriately amenable social space wherein economic relations form the foundation to other equally as important intersubjective relationships. Marxist humanism is concerned primarily with the promotion of human values, namely, the alleviation of suffering and the promotion of human flourishing through a systemic change in the structure of society, beginning with economics but encompassing all areas of interpersonality... (shrink)

It is exceedingly frequent for people to speak of the ‘passing of time’. We do not, on the other hand, speak of the ‘passing of space’. There do not seem to be any common locutions concerning spatial passage analogous to those of time’s assumed passage. Further, there is a long held belief in the philosophy of time that there is no spatial analogue of the passage of time. This opinion does not take into account circumstances that cannot (...) be noticed in day-to-day existence and which indicate that there is such a spatial analogue. (shrink)

Rape and sexual assault are major problems. In the majority of sexual assault cases consent is the central issue. Consent is, to borrow a phrase, the ‘moral magic’ that converts an impermissible act into a permissible one. In recent years, a handful of companies have tried to launch consent apps which aim to educate young people about the nature of sexual consent and allow them to record signals of consent for future verification. Although ostensibly aimed at addressing the problems of (...) rape and sexual assault on university campuses, these apps have attracted a number of critics. In this paper, I subject the phenomenon of consent apps to philosophical scrutiny. I argue that the consent apps that have been launched to date are unhelpful because they fail to address the landscape of ethical and epistemic problems that arise in the typical rape or sexual assault case: they produce distorted and decontextualised records of consent which may in turn exacerbate the other problems associated with rape and sexual assault. Furthermore, because of the tradeoffs involved, it is unlikely that app-based technologies could ever be created that would significantly address the problems of rape and sexual assault. (shrink)

This essay focuses on cases in which a physician elects to withhold, either temporarily or permanently, certain information from a patient for arguably beneficent reasons. That is, the physician is not being self-serving, to herself or her institution, by not revealing this information. Rather, the goal is purely to promote what the physician believes to be in the patient’s best interest by withholding information that may be harmful to him. This practice of informational guardianship is known as the “therapeutic privilege.” (...) This discussion is thus also limited to clinical interactions and not explicitly discuss withholding information from research subjects, which raises distinct ethical issues and elicits different reasons used to justify or nullify the moral permissibility of nondisclosure. (shrink)

Demands for access to experimental therapies are frequently framed in the language of rights. This article examines the justifiability of such demands in the specific context of surgical innovations, these being promising but non-validated and potentially risky departures from standard surgical practices. I argue that there is a right to access innovative surgery, drawing analogies with other generally accepted rights in medicine, such as the right not to be forcibly treated, to buy contraceptives, and to choose to have an (...) abortion, including a post-viability abortion where the mother's life or health is threatened by the pregnancy. I argue that we accept these rights because we believe that people are entitled to try to preserve their lives and health and to make choices of an important and intensely personal kind, and I suggest that a person's choice of medical treatment should be seen in the same light. However, since few rights are absolute, I also consider the circumstances in which it may be justifiable to limit the right to access innovative surgery. In discussing this question, I apply the human rights standard of proportionality, comparing the importance of the reasons for limiting the right with the severity of the invasion on liberty. (shrink)

Is it ever right to prescribe placebos to patients in clinical practice? The General Medical Council is ambivalent about the issue; the American Medical Association asserts that placebos can be administered only if the patient is (somehow) ‘informed’. The potential problem with placebos is that they may involve deception: indeed, if this is the case, an ethical tension arises over the patient's autonomy and the physician's requirement to be open and honest, and the notion that medical care should be (...) the primary concern. This paper examines the case of depression as an entry point for understanding the complexities of the prescription of placebos. Recent important meta-analyses of antidepressants claim that they are not significantly more effective in a clinical setting than placebos. Given that antidepressants have numerous adverse side effects and are hugely expensive, this provocative research has serious potential ethical and practical implications for patients and medical providers. Should placebos be prescribed in place of antidepressants? The case of depression highlights another important issue which medical ethical codes have hitherto overlooked: well-being is not synonymous with being realistic about oneself, one's circumstances and the future. While severely depressed individuals are unduly pessimistic about themselves and the world around them, treatment of depressed individuals can be deemed successful when patients have successfully attained those positive illusions that are indicative of psychological health. This is exactly what successful psychological treatments of depression seem to achieve. It is therefore possible that there may be a limited unavoidable role for deception in medicine. (shrink)

This article asks how state formation processes informed the normative frameworks of late-Medieval and early-Modern Latin European and Muslim Middle Eastern regimes. The question at hand is not why pre-Modern regimes discriminated against religious minorities (as well as other groups) during the pre-Modern period, but why Western European states consistently engaged in mass expulsions of their non-Christian subjects from the late thirteenth century onward and the neighboring states of the Middle East did not. Rather than addressing these peculiar policies as (...) a function of religion, culture, or law the article adopts a comparative, contextual method. With the aid of Charles Tilly’s theoretical perspectives it isolates critical variables in pre-Modern Middle Eastern state formation. These variables are then used to shed light on the circumstances and relationships that led to Latin Europe’s mass expulsions of Jews and Muslims between 1290 and 1614. (shrink)

The Tuskegee Syphilis Study is often cited as a major reason for low research participation rates among racial/ethnic minorities. We use data from a random-digit-dial telephone survey of 510 African Americans and 253 Latinos drawn from low income Los Angeles neighborhoods to investigate associations between knowledge of the study and endorsement of HIV/aids conspiracy theories. Results indicate African Americans were significantly more likely than Latinos to endorse HIV/aids conspiracy theories and were more aware of the study. Nevertheless, few Americans and (...) Latinos had ever heard of Syphilis Study suggesting that awareness is not a major factor in low participation rates. (shrink)

BackgroundThe theory and practice of ethics consultations (ECs) in health care are still characterized by many controversies, including, for example, the practice of giving recommendations. These controversies are complicated by an astonishing lack of evidence in the whole field. It is not clear how often a recommendation is issued in ethics consultations and when and why this step is taken. Especially in a facilitation model in which giving recommendations is optional, more data would be helpful to evaluate daily practice, ensure (...) that this practice is in line with the overarching goals of this approach and support the development of standards.MethodsWe analyzed all consultations requested from an EC service working under a facilitation approach at a maximum-care university hospital in Germany over a period of more than 10 years. Our aim was to better understand why—and under what circumstances—some consultation requests result in a recommendation, whereas others can be sufficiently addressed solely by facilitated meetings. We especially wanted to know when and why clients felt the need for clear advice from the EC service while in other cases they did not. We compared ethics consultations in terms of the differences between cases with and without recommendations issued by the ethics consultants using χ2 difference tests and Welch’s t-test.ResultsA total of 243 ECs were carried out between September 2008 and December 2019. In approximately half of the cases, a recommendation was given. All recommendations were issued upon the request of clients. When physicians asked for an EC, the consultation was significantly more likely to result in a recommendation than when the EC was requested by any other party. ECs in cases on wards with ethics rounds resulted in comparably fewer recommendations than those in wards without ethics rounds. When interpersonal conflicts were part of the problem or relatives were present in the meeting, clients less frequently asked for a recommendation.ConclusionFrom the client’s point of view, there does not seem to be only one “right” way to provide ethics consultations, but rather several. While facilitated meetings are obviously appreciated by clients, there also seem to be situations in which a recommendation is desired (especially by physicians). Further empirical and theoretical research is needed to validate our single-center results and re-evaluate the role of recommendations in ethics consultations. (shrink)

How should we conceive of policymakers for the purposes of political analysis? In particular, if we wish to explain and predict political decisions and their consequences, if we wish to ensure that political action is as effective as it can be, how should we think of policymakers? Should we think of them as they are commonly conceived in traditional political analysis, i.e., as uniquely knowledgeable and as either altruistic (i.e., as motivated to realize goals associated with their constituents’ interests) or (...) knavish (i.e., as motivated to realize goals associated with their own personal interests), or should we treat them as possibly ignorant with respect to their political tasks? -/- It is always an open question whether policymakers possess the knowledge required to realize some policy objective. It should never be assumed a priori that policymaker knowledge is adequate to the policy tasks with which policymakers are charged. Politicians need knowledge concerning the causes of social phenomena adequate to control events sufficiently well to ensure the success of their policies. No argument has ever been offered for the standard, if only implicit, assumption that policymakers, somehow automatically, possess this knowledge. In many contexts, there is no reason to believe that policymakers possess or can acquire this knowledge. Indeed, a bit of reflection reveals how unlikely it is that and how rare the circumstances must be in which policymakers meet this condition, which political philosophers, theorists, economists, and other political thinkers have traditionally assumed as a matter of course. -/- The main purpose of the book is to encourage a conversation among scholars and students of political inquiry (in philosophy and political theory, political science, economics and political economy) concerning the best way to conceive of policymakers for the purposes of such inquiry. -/- The book defends an alternative, more realistic, method of political analysis. The book argues against the false assumption that policymakers are epistemically privileged. The book presents and defends the alternative assumption that, with respect to the knowledge required to discharge their political tasks effectively, policymakers are at least as ignorant as constituents. -/- The book further argues that whether policymakers are altruistic or knavish is, in the first instance, a function of the nature and extent of their ignorance with regard to constituent-minded policy goals. Policymakers who possess the knowledge required to be effectively altruistic are more likely to be altruistic, other things the same, than policymakers who are ignorant of the knowledge that successful altruism requires. -/- This being said, my goal is more to leave readers thinking about and inclined to debate these profound issues than to prescribe a particular methodological conclusion (even less to advocate a particular political conclusion). The book is a heuristic for spurring further conversation. It makes of readers fellow interlocutors partnered with the characters (and the author!) of the dialogue. -/- The vehicle for this analysis is a conversation between four friends, philosophy graduate students, with different interests, different levels and kinds of experience, and different political preferences. The four friends consider how politicians should be conceived for the purposes of analyzing political decision-making and its consequences. -/- In his famous Dialogues concerning Natural Religion, David Hume concluded that the assumption of an all-knowing and all-powerful God was neither necessary nor sufficient to explain natural phenomena. Dialogues concerning Natural Politics does for social science what Hume did for natural science. Both books undermine the assumption that some epistemically privileged being – God in the case of natural phenomena and God-like politicians in the case of social phenomena – must be invoked to explain relevant phenomena. (shrink)

The calibration solution to the stability of the world despite eye movements depends, according to Bridgeman et al., upon a combination of three factors which presumably all need to operate to achieve the goal of stability. Although the authors admit (sect. 4.3, para. 5) that the relative contributions of retinal and extraretinal factors will depend on the particular viewing situation, Figure 5 (sect. 4.3) makes it clear in its representation that the role of perceptual factors is relatively minor compared to (...) extraretinal ones. It is with this representation that this commentary wishes to take issue, believing that it occurs as a result of some assumptions about terminology that may be ambiguous, as well as some misconceptions about the circumstances in which there is a need for stability. (shrink)

I begin by contending that an absolute prohibition to avoid resorting to shoot-to-kill, under any circumstances, does not adequately address the considerable negative consequences that could follow. In opening up the question for debate, I seek to alert us to the risks of moral corruption in both thought and practice, but I do not take these to be unassailable. Next, I pose a set of questions in order to interrogate unsafe assumptions and to disambiguate critical language in the shoot-to-kill scenario. (...) (1) How might shoot-to-kill be analogous to self-defence? (2) Should we not distinguish between reasons which could explain from those which do not justify why a suicide bomber acted as they did? (3) Must we avoid entertaining any charges of complicity on the suicide bombers’ behalf? (4) How, if at all, does racial profiling adulterate the grounds for police suspicion? (5) Does “reasonability” differ from “absolute necessity” as a precondition for enacting shoot-to-kill? And, (6), prompted by the injustice of the Jean Charles de Menezes case, can we assess the moral consequences of relocating the moment of decision from the firearms officer to their operational commander? After taking stock of the results of these enquiries, I conclude that resort to 'Kratos' rules of engagement unjustifiably raises the risk of shooting dead an innocent person, compared to the risk from harm that the general population may be reasonably expected to shoulder. (shrink)

On 22 July, 2011, we were confronted with the horror of the actions of Anders Behring Breivik. The instant reaction, as we have seen with similar incidents in the past—such as the Oklahoma City bombings—was to attempt to explain the incident. Whether the reasons given were true or not were irrelevant: the fact that there was a reason was better than if there were none. We should not dismiss those that continue to cling on to the initial claims (...) of a wider Jihadist plot behind the actions of Timothy McVeigh and Terry Nichols as Islamophobes (or merely lacking common sense): for, it is often easier to rely on reason—no matter how fictional—than not to have anything to cling on at all. In many ways, it is even better if the reason is fictional: for, if grounded in a certain fact, or reality, it can then go away. However, if it is in the realm of the imaginary, it is then always already metaphorical: thus, can be applied to any and every situation. And it is this, if we echo Friedrich Nietzsche, that gives us our “metaphysical comfort”; that we can know what is going on. This is why conspiracy theories are so popular: underlying them is the logic that someone—no matter how implausible—is in control of the situation. One would rather believe that all acts of terror stemmed from Osama bin Laden (and the narrative worked even better when he was in a ‘cave in Afghanistan’) than if they were the actions, and decisions, of singular individuals. For, if there is a head organizing everything, it can be cut off; there is no controlling a mass of singularities. As Jean Baudrillard continues to teach us, the term ‘mass’ is not a concept. It is a leitmotif of political demagogy, a soft, sticky, lumpen-analytical notion. A good sociology would attempt to surpass it with ‘more subtle’ categories: socio-professional ones, categories of class, cultural status, etc. This is wrong: it is by prowling around these soft and acritical notions (like ‘mana’ once was) that one can go further than intelligent critical sociology. Besides, it will be noticed retrospectively that the concepts ‘class’, ‘social relations’, ‘power’, ‘status’, ‘institution’, and ‘social’ itself—all these too-explicit concepts which are the glory of the legitimate sciences—but also only ever been muddled notions themselves, but notions upon which agreement has nevertheless been reached for mysterious ends: those of preserving a certain code of analysis. To want to specify the term ‘mass’ is a mistake—it is to provide meaning for that which has none.1 And it is this lack of meaning—this nothingness of not only the mass, but our inability to know in general—that truly scares us. For, if we are never able to legitimately make a generalizing statement, this suggests that we can never actually posit beyond a singular, situational, moment. Hence, we can never claim to know anyone: at best, we can only catch momentary glimpses. It is for this very reason that the insanity plea Breivik’s lawyer will attempt is the one that horrifies us the most. For, if Breivik is insane, this foregrounds our inability to understand, know. And as Aristotle has taught us, it is more important that something is plausible than if something were probable—in this context, we would rather have Breivik as a calculating mass murderer than someone who was completely out of his mind. This is especially ironic in the light of the fact that none of us would say that we have any similarity with Breivik. If that were so, the declaration that he was mad should be no more than a logical consequence. However, we also want Breivik to be accountable for his actions. And in order for that to be so, we need him to be of sound mind. But if that were true, we can then no longer distinguish ourselves from him. And it is precisely this that scares us. For, we are horrified not when there are abnormalities to our way of life. There are usually two different reactions to this—either oppose and destroy it; or subsume it under the dominant logic. We see this most clearly in reactions to immigration: there are either calls for immigrants to ‘pack up and leave’ or pseudo-liberal notions of ‘we are all alike’. Both of which are merely version of “all men are brothers”—the brutal translation of which is that you are my brother if you live the same way as me; otherwise not only are you not my brother, you are also potentially not part of mankind (you might as well be, to echo Giorgio Agamben, bare life ). This is played out in our age of what is commonly termed post-political bio-politics —an instance of horribly awkward theoretical jargon that Slavoj Žižek channeling Agamben unpacks rather elegantly: “ post-politics is a politics which claims to leave behind old ideological struggles and, instead, focus[es] on expert management and administration, while bio-politics designates the regulation of the security and welfare of human lives as its primary goal.”2 Žižek continues: Post-political bio-politics also has two aspects which cannot but appear to belong to two opposite ideological spaces: that of the reduction of humans to ‘bare life,’ to Homo sacer , that so-called sacred being who is the object of expert caretaking knowledge, but is excluded, like prisoners at Guantanamo or Holocaust victims, from all rights; and that of respect for the vulnerable Other brought to an extreme through an attitude of narcissistic subjectivity which experiences the self as vulnerable, constantly exposed to a multitude of potential harassments [….] What these two poles share is precisely the underlying refusal of any higher causes, the notion that the ultimate goal of our lives is life itself. That is why there is no contradiction between the respect for the vulnerable Other and […] the extreme expression of treating individuals as Homini sacer .3 This is why the ones that are harshest towards new immigrants are the recently naturalized citizens of any country. For, if there is no longer any “ideological struggle” and all life is reduced to mere automaton-living, there is the realization that we are all the same—not in a tree-hugging hippie sense—but that the immigrant is the same as us precisely because we are all immigrants. And since all nations, and by extension peoples in a nation (especially those who believe in the notion of nationality, and national identity), have to find some manner, no matter from where or what it is, to distinguish themselves from those around them, the other (in spite, and especially in the light, of its absence) is the most crucial aspect of the discourse of nationality. More precisely, in the interests of what Baudrillard calls “preserving a certain code of analysis” (nationality in this case), what has to be maintained is the absolute otherness of the other. Very rarely is Boris Johnson right: “it is not enough to say he is mad. Anders Breivik is patently mad.”4 However, much like Breivik in his manifesto, he should have stopped whilst he was ahead. By attempting to diagnose Breivik—“the fundamental reasons for their callous behavior lie deep in their own sense of rejection and alienation. It is the ideology that gives them the ostensible cause … that gives them an excuse to dramatize the resentment … and to kill.”—Johnson falls into the same trap that he accuses others of: “to try to advance any other explanation for their actions … is simply to play their self-important game.” More crucially, and this is the point that Johnson completely misses, attempting to rationalize Breivik’s actions—to rehabilitate reason—is a desperate attempt at maintaining his otherness. In fact, we’ll end up going one step further, insist on Breivik’s sanity, put him on the stand, and hope that he will display such a difference from all of us that we can rest safe that we are unlike him and his kind. That, in itself, is a dangerous game to play. One should not forget that the turning point in Mary Shelley’s Frankenstein is in the central part of her novel where she lets the monster speak. At that moment, the monster moves from an ‘it’ to a fully subjectivized person; with his own stories, historicities, emotions, and so on. In Slavoj Žižek’s reading of Frankenstein , this is the moment where “the ultimate criminal is thus allowed to present himself as the ultimate victim. The monstrous murderer reveals himself to be a deeply hurt and desperate individual, yearning for company and love.”5 But, in the case of Breivik, this goes beyond just a risk of us feeling for him: for, no right-minded person should ever deny another the opportunity to put forth her or his own case. The problem lies with us trying to deny the madness of Breivik’s act by putting him back under reason. The problem is in our inability to differentiate the act from the person; the singular from the universal.6 In our desperation to preserve the notion that we are rational beings incapable of becoming monsters, we’ve had to deny the meaninglessness—in the strict sense of it lying outside of reason—of Breivik’ act; we’ve had to “provide meaning where there is none.” For, if this act were a moment of madness—a moment that comes from elsewhere—we cannot say that it will not descend upon us one day. If Breivik’s actions were that of a sane person, one who is in control of his being, his self, we can then locate the otherness in his being. More importantly, this would allow us to distinguish ourselves from that said being. Breivik’s sanity is the only thing that allows us to say that ‘this act of terror is borne out of one with an ultra-right ideology’; and ‘since I am not of that ideology, I would never do such a thing’. By doing that, we attempt to protect ourselves by claiming that people who share Breivik’s ideology are foreign to us, other to us. However, if Breivik’s act was a moment of insanity, his otherness is no longer locatable: and the notion of ‘us and them’ shifts from a geographical, physical, religious, or cultural notion, to one in the realm of ideas. And this is what truly scares us. For, if what is foreign is not phenomenological, then it cannot be seen, detected, sensed. Anders Behring Breivik, Timothy McVeigh, and Terry Nichols, terrify us not merely for the fact that they were white in a white society, but more pertinently that their skin color did not matter: we would not be able to spot them even if they were blue, even if they were right next to us, even if we had known them all our lives. Even as we are grappling with holding Breivik accountable by declaring him of sound mind, what truly terrifies us is that deep down we know that Breivik’s act is a moment of madness; beyond all comprehensibility. And this means that we would not be able to spot the idea; even if it were in our heads at this very moment. We have gone to lengths to rehabilitate Breivik, McVeigh, Nichols, and such perpetrators of massive incomprehensible violence, in order to preserve our difference from them. What we have really been trying to deny is the fact that everyone, at any given moment, could have a moment of madness. And this is the true radicality of Mary Shelley: in allowing us to momentarily enter the head of the monster, she shows us not just the fact that he is like any one of us, but that any one of us could, in the right (or wrong) circumstance, be like him. Perhaps here, there is a lesson to be learned from Wes Craven’s A Nightmare on Elm Street . The most dangerous thing that one could do on Elm Street was to mention Freddy’s name—once you had knowledge of him, you were open to the possibility of a visit during your dreams. This suggests that Freddy is a combination of externalities (after all, when you die, he survives) and your self (if you have never heard of him, he cannot come for you). In this sense, Freddy would be the manifestation par excellence of what Avital Ronell calls a “killer text”—it is one’s relationality with the text (and the ideas, notions, in the said text) that opens oneself to it, to the lessons of the text, to being changed, affected, even to the dangers of the text. After all, one should never forget Plato’s warning that ideas can corrupt, can be perilous. To compound matters, as Ronell reminds us, “the connection to the other is a reading—not an interpretation, assimilation, or even a hermeneutic understanding, but a reading.”7 Thus, in attempting to differentiate ourselves from Breivik by concocting some reason(s) why we are not like him, we have done nothing but read him, open a connection to him. *** Bang bang, he shot me down Bang bang, I hit the ground Bang bang, that awful sound Bang bang, my baby shot me down. “Bang Bang (My Baby Shot Me Down)” Sonny Bono, 1966. This is the part that we all know and remember. Whilst never quite remembering that this is a song that is not so much about violence, love, but about remembering. For, after the bridge comes the accusatory stanza: “Now he's gone, I don't know why/ And till this day, sometimes I cry/ He didn't even say goodbye/ He didn't take the time to lie.” Bang Bang is a game that the two lovers used to play; and all she has now is the memory of the game to remember him by. And the only reason she has to recall this game is: he never provided her a reason for his leaving, his death. Not that she will, can, ever get that satisfactory answer. This is precisely the game we are playing with Anders Behring Breivik. Even though he has left a 1500 page manifesto, even though we will allow him to use the court-room as his platform, we will continue screaming at him “tell me why …” For, what we want him to say is that we are not like him: what we really want him to do is, “take the time to lie …” Perhaps here, we should allow the echo of the infans to resound in baby . As Christopher Fynsk reminds us, the infans is one that is pre-language, pre-knowing, pre-understanding: it is the very finitude, and exteriority, of relationality itself.8 And thus, it is a position of openness to the fullness of possibility—and nothing else. This would be, in Ronell’s terms, a “connection to the other” that knows nothing other than the fact that it is a connection. The true horror of 22 July, 2011, is the fact that it is not Anders Behring Breivik who is mad, but the act itself that is. And this is precisely why only “my baby” that could have “shot me down.” For, it is an act that is from beyond, a sheer act of madness that—as Plato warns us—is whispered into our ears (and can so easily be mistaken for inspiration, and even wisdom), an act that can both seize, and cease, us at the same time. And what can this utter openness to an other, the other, be but a moment of love, a true ‘falling in love’. At the moment of whispering, nothing can be known as we are babies as our baby shoots us down …. Hence, all attempts at analyzing this event (including this one) are not only futile, but border on the farcical. The real tragedy is that we forget that all of us have the possibility of becoming Breivik. NOTES Jean Baudrillard. In the Shadow of the Silent Majorities . Trans. Paul Foss, John Johnston, Paul Patton, & Andrew Berardini. Los Angeles: Semiotext(e), 2007. p. 37. Slavoj Žižek. Violence: Six Sideway Reflections . London: Profile Books, 2009. p. 34 Ibid: 35-36. Boris Johnson. “ Anders Breivik: There is nothing to study in the mind of Norway’s mass killer .” The Telegraph . (25 July, 2011): Slavoj Žižek. Violence: Six Sideway Reflections . London: Profile Books, 2009. p.39. What is killing us is the notion that Breivik’s act is beyond reason, beyond knowing, outside understanding itself. This is why Boris Johnson’s plea was for us to ignore Breivik as a madman. But to do so, Johnson conflates the notion of the act and the person; the singular and the universal. This is exactly the same gesture as insisting on his sanity: the ‘madman’ is merely the absolute other, one that we are not. Avital Ronell. The Telephone Book: Technology, Schizophrenia, Electric Speech . Lincoln: University of Nebraska Press, 1989: 380. Christopher Fynsk. Infant Figures: The Death of the Infans and Other Scenes of Origin . Stanford, CA: Stanford University Press, 2000.  . (shrink)

Mark Murphy has argued that the relationship between a creator and their creatures is not a special relationship that generates new moral obligations for the creator. Murphy’s position is grounded, in part, on his claim that there are no good arguments to the contrary and that the creator-creature relationship is not a relationship between equals. I argue that there are good reasons to think that a creator and creature being equals is not required for such an obligation. I (...) offer an argument for such an obligation based on the moral significance of thrusting upon sentient or rational beings significant, unsought, and wholly new circumstances. More specifically, I argue that it is reasonable to conclude that a creator enters into a duty-generating special relationship with their creatures to promote their creatures’ well-being, when the creator is the voluntary source of the creatures’ wholly new and unconsented to circumstances from which to flourish or languish and it would cost the creator virtually nothing to promote the creatures’ welfare. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Art's DetourA Clash of Aesthetic TheoriesS. K. Wertz (bio)Both John Dewey1 and Martin Heidegger2 thought that art's audience had to take a detour in order to appreciate or understand a work of art. They wrote about this around the same time (mid-1930s) and independently of one another, so this similar circumstance in the history of aesthetics is unusual since they come from very different philosophical traditions. What was (...) it about the climate of the times that led them to such an idea? Is it still viable today? Both philosophers thought that art's audience is not in a position to immediately appreciate works of art—that we are missing something for a direct appreciation or apprehension—so we must take a detour. Why the detours and what are they? Are the detours similar? And are Dewey and Heidegger right about this? The essay that unfolds below attempts to answer these questions.First a definition is in order so we know what the term "detour" means when I use it. What is a detour? It is a deviation from a direct course or the usual procedure; a roundabout way temporarily replacing part of a route; in other words, a bypass or a roundabout way to some destination. The Little Oxford Dictionary adds a different twist on my characterization: "a course that leaves and rejoins [the] direct route."3 Applying this idea to art, we can say that a detour describes an audience who ordinarily perceives an artwork is a legitimate beginning for an appreciation of it, but that course must be bypassed for another (conception) before it can rejoin the direct route (perception). In other words, perceptions in the aesthetic experience must be aided by conceptions—a decidedly Kantian stance taken by Dewey and Heidegger. Their illustrations make my interpretation plausible.One of Heidegger's examples is Van Gogh's painting of a pair of peasant boots.4 He selects this painting to illustrate his metaphysics, which centers around the notion of "equipment." Peasant boots are equipment in [End Page 100] the sense that they are worn or used; the mere thing (like shoes or boots in a store [exhibited] or a closet [in storage]) disappears in use and becomes equipment. Between equipment and mere things—these two categories of being—are artworks. They are pictorial representations of equipment (in Heidegger's illustration; a pair of shoes as mere things could be a pictorial representation, like an advertisement, but it wouldn't be the same). Through the painted boots, a world comes into focus—a network of meaning. The world Heidegger sees in the Van Gogh painting is captured in the following descriptions: "In the vicinity of the [art]work we were suddenly somewhere else than we usually tend to be…. The art work let us know what shoes are in truth" (ATCR 233). So the nature of art is still a question about the nature of representation for Heidegger: it is what the shoes disclose to us about human existence. As he says, it is not just merely a pair of shoes portrayed but shoes "from the dark opening of the worn insides … the toilsome tread of the worker stares forth" (ATCR 232). In other words, we see the difficult labor that this particular owner toiled with in her daily chores.In Tralbaut's book, he quotes Heidegger in a caption alongside the painting: "Engraving in the intimate obscurity of the hollow of a boot is the weariness of the steps of work. The rough and solid weight of the clog tells of the slow and obstinate trudge across the fields."5 Heidegger continues in the same vein:In the stiffly rugged heaviness of the shoes there is the accumulated tenacity of her slow trudge through the far-spreading and ever-uniform furrows of the field swept by a raw wind. On the leather lie the dampness and richness of the soil. Under the soles slides the loneliness of the field-path as evening falls. In the shoes vibrates the silent call of the earth, its quiet gift of the ripening grain and its unexplained self-refusal in the fallow desolation of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Note on Being Ability–different, Atypically–bodied... Criptastic?Emily HutcheonIn being prompted to write about my experiences with disability [alternatively written: (dis)ability, dis/ability, “disability,” disAbility], I am confronted with more questions than I have answers. Am I to reflect on that small window of time, one so small that I don’t actually remember it, when I did not know that I was different? My mom [End Page 196] has recounted vivid (...) moments where I seem to come to this realization—for example, at the age of three, when I see my twin sister and friends scrambling on a playground and I process that I am unable to join them. Realization of my differentness (my different body, my different way of moving, my different abilities) continued into my youth and adulthood (Can’t skate—check. Can’t ride a two–wheeled bike—check. Usually walk behind others, destined to be the last in a group—check. Was the smart kid in class, aka smartass–in–training—check).Eventually, I realized that my differentness was not contained to my body or my abilities. Were my mind, my self, and my relationships different as well? I seemed to empathize when others didn’t or couldn’t. I saw that certain things were just wrong, and was confused when others didn’t share my concern. I seemed to see, feel, and experience things that others did not. For instance, I had two invasive operations before the age of eleven, a handful of minor procedures and countless physiotherapy sessions. Some memories of these times are horrific. Some I cherish, including the genuine care of the health care staff. Some are hilarious, like being doped–up before invasive surgery at the age of ten and calling my favorite surgeon “So cute!!” But always, there was physical pain, pain, pain. At times, I was completely dependent on others to help me to the bathroom, the shower, to move around, and to recover. I received such tender and exquisite care from my mom during these times. The dependency, which I had no choice but to experience, the dependency that is feared by almost everyone I know (“If I am ever a burden to my family, shoot me”) is something that my mom and I constantly joke about (“Em, I will take care of you now, only if you change my diapers when I’m old, kay?”). I have come to learn that this dependency, along with those other shades of vulnerability, are an inevitable consequence of being human, and to deny this is to relinquish our capacity to connect with others.I had, and continue to have, relationships with strangers, friends and family, which are, in my best estimation, atypical. I am the recipient of staring, laughing, pointing, sympathy, disgust, empathy, tender care, curiosity, hostility, resentment, and ambivalence. While in the gym, complete strangers approach me to say, with all the kindness, enthusiasm, and obliviousness in the world: “Glad to see you out and about. Good for you!” For some, I am to be protected; for others, I am to be tiptoed around; and for others, I am to be congratulated for “overcoming my circumstance” and for being oh–so–valuable to society because of my smarts and productivity.It is a rare few who accept what Cerebral Palsy and epilepsy offer to my life and to their own, with all of their accompanying complexities, possibilities, and contradictions.It is ironic that the excellent health care and services I have received, which have probably changed my life for the better, are only made possible because of the “disability” label, which I have come to heartily dislike. I have always felt ill–at–ease with this word and concept. In my mind, it just does not describe me or others around me. Perhaps more accurately, the definitions and associations that stubbornly accompany the term (e.g., the disabled person as asexual, passive and in need of protection, the disabled person as the conquering hero) would never accurately describe me. Undoubtedly, the term is negative in its connotations. And, of course, the concept of disability relies on certain notions of “normal.” By most accounts in... (shrink)

The Standard View of personal identity says that someone who exists now can exist at another time only if there is continuity of her mental contents or capacities. But no person is psychologically continuous with a fetus, for a fetus, at least early in its career, has no mental features at all. So the Standard View entails that no person was ever a fetus--contrary to the popular assumption that an unthinking fetus is a potential person. It is also (...) mysterious what does ordinarily happen to a human fetus, if it does not come to be a person. Although an extremely complex variant of the Standard View may allow one to persist without psychological continuity before one becomes a person but not afterwards, a far simpler solution is to accept a radically non-psychological account of our identity. (shrink)

The Standard View of personal identity says that someone who exists now can exist at another time only if there is continuity of her mental contents or capacities. But no person is psychologically continuous with a fetus, for a fetus, at least early in its career. has no mental features at all. So the Standard View entails that no person was ever a fetus---contrary to the popular assumption that an unthinking fetus is a potential person. It is also (...) mysterious what does ordinarily happen to a human fetus, if it does not come to be a person. Although an extremely complex variant of the Standard View may allow one to persist without psychological continuity before one becomes a person but not afterwards, a far simpler solution is to accept a radically non-psychological account of our identity. (shrink)

Liberal political theory sees justice as the "first virtue" of a good society, the virtue that guides individuals' conceptions of their own good, and protects the equal liberty of all to pursue their ends, so long as these ends and pursuits are just. But ever since Marx's declaration that "liberty as a right of man is not founded upon the relations between man and man, but rather upon the separation of man from man...,"i liberal society has been frequently criticized (...) for falling seriously short of the conditions of a good society.ii A prominent recent criticism of this sort has been voiced by "communitarians," who charge that the primacy of rights in liberalism reveals a failure to appreciate the value of friendship and community, and tends to undermine their possibility.iii My aim in this paper is to defend liberal political theory, understood as the theory that justifies a polity of individual rights and justice, against this charge.iv My main argument will be directed at the assumption that there is an inherent tension between rights and justice on the one hand, and familial love and friendship on the other. According to the communitarian, two or more individuals constitute a community when they share a common conception of the good, and see this good as partly constitutive of their identities or selves.v Such "constitutive community," in Michael Sandel's words, may be a close friendship or family relationship, or an intermediate association such as a neighborhood organization, or a comprehensive political community. The communitarian charges that in making justice the first virtue of social institutions, liberalism undermines community at all levels, and this for two reasons. First, liberalism demands that we revise or surrender our conceptions of the good - including our attachments and commitments to family and friends - if they should turn out to be unjust. But this demand, the communitarian claims, requires attitudes 2 that are inconsistent with these attachments and commitments.. (shrink)

Moral and ethical agreements require sufficiently shared values, or at least some common ground. We might think of this in terms of a shared ‘form of life’, ‘lebensform’, as Wittgenstein describes it in his Philosophical Investigations. Yet it is not clear what will be sufficient, nor how to bridge gaps when disagreement occurs, for instance on whether it is ever right to lie. Ethical and moral theories offer some guidance, but there is no guide for which theory one (...) ought to follow. Whether you favour eudaimonist (flourishing, well-being), deontological (duty), or utilitarian (consequentialist) principles, the selection of a philosophy says much about who you are (preferences, judgements, beliefs) and your context (social, political, cultural). More than this it can indicate certain psychological and personal dispositions, whether defined as brain states, mental states, or personalities. In this article I outline some arguments for why ethics might need a philosophy of mind, and why this poses problems for ethical and moral theory building. (shrink)

This article addresses whether cardiopulmonary resuscitation and sustained physiological support should ever be permitted in individuals who are diagnosed as brain dead and who had held previously expressed moral or religious objections to the currently accepted criteria for such a determination. It contrasts how requests for care would normally be treated in cases involving a brain-dead individual with previously expressed wishes to donate and a similarly diagnosed individual with previously expressed beliefs that did not conform to a brain-based conception (...) of death. The paper first focuses narrowly on requests for CPR and then expands its scope to address extended physiological support. It describes how refusing the brain-dead non-donor's requests for either CPR or extended support would represent enduring harm to the antemortem or previously autonomous individual by negating their beliefs and self-identity. The paper subsequently discusses potential implications of policy that would allow greater accommodations to those with conscientious objections to currently accepted brain-based death criteria, such as for cost, insurance, higher brain formulations and bedside communication. The conclusion is that granting wider latitude to personal conceptions around the definition of death, rather than forcing a contested definition on those with valid moral and religious objections, would benefit both individuals and society. (shrink)

This article addresses contentious questions concerning individual freedom and democratic citizenship education in the contemporary circumstances of multiculturalism. It suggests that educating children for civic equality is an ambitious aim for any democracy and not one that can ever be realized once and for all. It provides evidence that multicultural conditions can challenge the very aim of educating children for civic equality. It explains that democracies are variously multicultural and the varieties of groups make a difference in the kind (...) of education and the progress toward civic equality that can realistically be expected at any time. (shrink)

Aesthetic non-naturalism is the view that there are objective aesthetic truths that hold in virtue of sui generis facts. This view is seldom explicitly endorsed in philosophical aesthetics. I argue that many aestheticians should treat it as the view to beat, since (a) their commitments favour aesthetic realism, (b) non-naturalistic forms of aesthetic realism are particularly promising and (c) non-naturalists have reasonable answers to four important objections.

An unquestionably important biological question is whether human beings are the product of chance or of purpose in the evolutionary process. Charles Darwin did not accept purpose in biological evolution, a view not shared by his colleague Alfred Russel Wallace. The controversy has remained ever since, and while many experts argue against purpose in biological evolution, many others defend it. This paper reflects on this biological and ethical problem, relating it to the possible existence of a plan that governs (...) and shapes the evolution of living beings and that is ultimately responsible for the development of Homo sapiens. (shrink)