This new edition of Law and Medical Ethics continues to chart the ever-widening field that the topics cover. The interplay between the health caring professions and the public during the period intervening since the last edition has, perhaps, been mainly dominated by wide-ranging changes in the administration of the National Health Service and of the professions themselves but these have been paralleled by important developments in medical jurisprudence.

laudationem ferculum est insecutum plane non pro expectatione magnum: novitas tamen omnium convertit oculos. rotundum enim repositoriurr duodecim habebat signa in orbe disposita, super quae proprium convenien. temque materiae structor imposuerat cibum: super arietem cicer arietinum, super taurum bubulae frustum, super geminos testiculos ac rienes, supei cancrum coronam, super leonem ficum Africanam, super virginem steriliculam super libram stateram in cuius altera parte scriblita erat, in altera placenta super scorpionem † pisciculum marinum, super sagittarium oclopetam, supei capricornum locustam marinam,† super pisces (...) duos mullos. in medio autem caespes cum herbis excisus favum sustinebat. (shrink)

laudationem ferculum est insecutum plane non pro expectatione magnum: novitas tamen omnium convertit oculos. rotundum enim repositoriurr duodecim habebat signa in orbe disposita, super quae proprium convenien. temque materiae structor imposuerat cibum: super arietem cicer arietinum, super taurum bubulae frustum, super geminos testiculos ac rienes, supei cancrum coronam, super leonem ficum Africanam, super virginem steriliculam super libram stateram in cuius altera parte scriblita erat, in altera placenta super scorpionem † pisciculum marinum, super sagittarium oclopetam, supei capricornum locustam marinam,† super pisces (...) duos mullos. in medio autem caespes cum herbis excisus favum sustinebat. (shrink)

The capacity to control emotion is important for human adaptation. Questions about the neural bases of emotion regulation have recently taken on new importance, as functional imaging studies in humans have permitted direct investigation of control strategies that draw upon higher cognitive processes difficult to study in nonhumans. Such studies have examined (1) controlling attention to, and (2) cognitively changing the meaning of, emotionally evocative stimuli. These two forms of emotion regulation depend upon interactions between prefrontal and cingulate control systems (...) and cortical and subcortical emotion-generative systems. Taken together, the results suggest a functional architecture for the cognitive control of emotion that dovetails with findings from other human and nonhuman research on emotion. (shrink)

Originally published in 1926, this book attempts to state 'what has been believed with regard to God's incapacity for suffering'. Mozley charts the development of the doctrine from the Apostolic Fathers through the Reformation to the modern influence of metaphysical philosophy and concludes with six questions intended to prompt further theological discussion on this point. This book will be of value to anyone with an interest in the history of Christian theology.

The literature on collective action largely ignores the constraints that moral principle places on action-prompting intentions. Here I suggest that neither individualism nor holism can account for the generality of intentional contents demanded by universalizability principles, respect for persons, or proactive altruism. Utilitarian and communitarian ethics are criticized for nominalism with respect to social intentions. The failure of individualism and holism as grounds for moral theory is confirmed by comparing Tuomela's reductivist analysis of we-intentions with Gilbert's analysis of social facts. (...) Tuomela's account founders over intentions to cooperate, and Gilbert's cannot accommodate legitimate authority, vicarious agency, or group structure. (shrink)

In this moderate realist account of the whole range of issues facing contemporary analytic philosophy, J. K. Swindler aims to fill the gap in the literature between extreme realism and extreme nominalism. He discusses such fundamental concepts as existence, property, universality, individual, and necessity; analyzes the paradoxes of negative existentials and the substitutivity of co-referential terms; and defends objectivity in philosophy. The study moves through three phases: first, an argument that objective philosophical truth is attainable; second, an extended realist analysis (...) of fundamental ontological concepts; and finally, a demonstration of advantages of this ontology over leading alternatives. Weaving: An Analysis of the Constitution of Objects will be of interest to all philosophers working in contemporary philosophy, philosophy of language, logic, and metaphysics, and will serve as an excellent text for advanced undergraduate and graduate courses in metaphysics. (shrink)

A set is said to be amorphous if it is infinite, but is not the disjoint union of two infinite subsets. Thus amorphous sets can exist only if the axiom of choice is false. We give a general study of the structure which an amorphous set can carry, with the object of eventually obtaining a complete classification. The principal types of amorphous set we distinguish are the following: amorphous sets not of projective type, either bounded or unbounded size of members (...) of partitions of the set into finite pieces), and amorphous sets of projective type, meaning that the set admits a non-degenerate pregeometry, over finite fields either of bounded cardinality or of unbounded cardinality. The hope is that all amorphous sets will be of one of these types. Examples of each sort are constructed, and a reconstruction result for bounded amorphous sets is presented, indicating that the amorphous sets of this kind constructed in the paper are the only possible ones. The final section examines some questions concerned with the resulting cardinal arithmetic. (shrink)

Recently, new developments took place in the Dutch debate on the legislation of euthanasia. After a brief account of that debate, the article discusses a new government proposal for legislation in this field, which was submitted to the Dutch parliament in November 1991. This proposal relates not only to euthanasia but also to some other medical decisions concerning the end of life. The author concludes that, for several reasons, it is unsatisfactory.

This article revisits long-standing questions about consent, membership and emigration in Locke’s thought. Commentators such as A John Simmons have argued that Locke opens political membership to both express consenters and some kind of tacit consenters, and not just to the former, as some have suggested. Simmons’s reading seems to render Locke more sensible in that it does not exclude large numbers of people from membership or burden the few members with all the civic duties, and also in that it (...) allows at least tacit-consenting members the right to relocate, while this right is denied to express-consenting members. Against this reading, the article shows, by resolving seemingly conflicting claims in the text, that people become members only by express consent. It also responds to the criticism that the express-consent-only reading would limit membership to a few and so would render Locke’s account implausible from a practical point of view. The article then addresses the purported restriction Locke imposes on express consenters’ right to emigrate, arguing that the restriction concerns the change of membership and not the right to relocate. (shrink)

IN THE beginning Parmenides sought to deny the void. But he found himself trapped by his language and his thought into admitting what he sought to deny. Wisely, he counseled others to avoid the whole region in which the problem arises, lest they too be unwarily ensnared. Plato, being less easily intimidated and grasping for the first time the urgency of the paradox, unearthed each snare in turn until he felt he had found a safe path through the forbidden terrain (...) in a new conception of being and the derivation of its linguistic consequences in the Sophist. Aristotle evidently took Parmenides’ advice; and save for a few groping scholastics, perhaps Leibniz, Brentano, and Meinong, and Frege only in passing, no one else attempted the crossing before Russell made his spectacular dash through the posted ground from the completely new direction of linguistic reference. Again the problem lay dormant for half a century until Strawson constructed a new low road through ordinary language and Quine improved Russell’s high algebraic pass. Refinements of these routes have been forthcoming, especially from Searle and Kripke, until today it might appear that there are two super highways through Parmenides’ forbidden country of nonbeing. In this essay I will first argue that these new linguistic highways are no more than flimsy camouflage hiding but not resolving the old paradoxes. I will then show how Plato’s ontological way out, though more difficult, is the straight and narrow path. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:MACINTYRE'S REPUBLIC J. K. SWINDLER Westminster College Fulton, Missouri CONTRARY TO HIS own evident intentions and perceptions, in After Virtue A'lasdair Macinty!l.·e is much more of a Ptlatonist 1than the A1 ristotelian he aims to be. I hase this judgment both on the positive evidence that Macintyre and Plato (in the Republic) m1gue for and against the same crucial theses and on the negative evidence that Plato has read (...) answers to the very issues which Macintyre finds 1 intractable from an AristoteHan point of viiew. My thesis can be made out in terms of a half dozen issues which Maclntyire takes as crucial to his case: (1) Can there he a science of government? (2) Is there an answer to the sophist's chaillenge to morality? (3) How oan the fragmentation of the modern self he theoretically overcome? (4) What are the hi1stocical and social determinants of morality? (5) Is there a unity of virtue in addition to individual virtues? (6) Can we reconcile ourselves to teleofogy, the absence of the polis, and the tragedy of human 1:ife? I will consider each of these in turn. I. Wisdom Plato defines wisdom as knowledge of how to rule, and Aristotle (in the Nichomachean Ethics) distinguishes between theoretical and practical wisdom, 1suggesting thereby an interesting ambiguity in Plato's view, an ambiguity of which Macintyre makes a great deal. One may rule eithecr hy law or by judgment. In his attack on the Enlightenment, MacIntyre showis quite clearly tha;t the idea of a social science that would p11ovide laws of human behavior, which could in 343 344 J. K. SWINDLER turn be used by il"ulers and managers to predict and therefore manipulate!human action, was an invention of the eighteenth century. He offers an extensive 1oritique o.f this conception of socirul science, grounded primarily in the claim that human.behavior is essentially unlawful, at least if we judge it by the standards of the physical sciences. There is in human affairs a farge 1and uneliminwble element of fortiuna which makes it impossrible rto.formulate laws of human nature or behavior that would he exceptionless and therefore underwrite predictions of behavior. For there is nothing to be done about the unpredictability of innovations or, from one's own point of view, of one's own future actions; nor can the uncertainties of gametheoretie decisions and 1 the general contingency of the outcomes of ruction,be remedied. There is therefore no possibility of a social science in the sense in which Hume tried to imitate Newton. So much for Marx and Weber and the horde of modern.social scientists. This is not to say that life is completely uncertain; on the contrary, there are genuine and general regularities in society, some natural, some social, ·some statistical, some causal, wihich make life bearable. But these provide a,ground for the Aristotelian idea, endorsed by MacIntyre, that the principles of conduct, such as they might be, hold only for the most part and not universa1ly. There is therefore in Maclntyre's view no justification for 1a mora;l oode in the modern sense, nor ev;en of moral principles of the kind we are used to from Kant ·and Mill, Rawls and Nozick, which purport to istand as a sufficient criterion of right in all cases. But, importantly, we do not find any such rules or codes in Pla.to either. For Plato, too, insists on the mixed reign of chaos and logos in the materia;l world and in our Jives and concludes that judgment is essential to· determining right conduct. He tellrs us that wise rule comes only &om good oharructer and good institutions, that legislating in such detaii1 as to eliminate judgment is "cut:ting off the heads of a hy:dra." One cannot help hut think that tMs (essentially Hemclitean) point is something Aristotle ~earned at his MACINTYRE'S REPUBLIC 345 master's knee. And both aspects of Plato's :point ~e ipresent in Aristotle, viz., that s~nce the:ve is chance in nature, there is luck (good 'and had) in life, and since no rule can capture the particularity of conorete situations right... (shrink)

It is often said that if free speech means anything it means freedom for the thought we hate. This core idea is generally referred to as “viewpoint neutrality” and is consistent with the liberal intuition that governments should remain neutral with regard to conceptions of the good life. None of the traditional defenses of free speech seem to secure viewpoint neutrality, however. Instead, each justification leaves room to censor some viewpoints. Ironically my defense of viewpoint neutrality does not come from (...) the liberal assumption that governments should remain neutral about the good life. I defend a version of the virtue argument for free speech that is explicitly perfectionist—-government does not have to remain neutral when promoting good lives for its citizens. Free speech is not just a means to promote virtue but is part and parcel of intellectual virtue—-a decidedly perfectionist value. (shrink)

_Practical Bioethics_ offers a mix of theory and readings, presented in a format that is succinct and approachable. Each chapter begins and ends with a case study, illustrating the core issues at play and emphasizing the practical nature of the dilemmas arising in medicine. Primary source texts are provided to flesh out the issues, and each of these is carefully edited and presented with interwoven explanatory comments to assist student readers. Throughout, J.K. Miles shows the importance of health-care ethics to (...) us all, whether we be medical providers, patients, or both. (shrink)

Recent scholarship on technology-induced ‘conceptual disruption’ has spotlighted the notion of a conceptual gap. Conceptual gaps have also been discussed in scholarship on epistemic injustice, yet up until now these bodies of work have remained disconnected. This article shows that ‘gaps’ of interest to both bodies of literature are closely related, and argues that a joint examination of conceptual disruption and epistemic injustice is fruitful for both fields. I argue that hermeneutical marginalization—a skewed division of hermeneutical resources, which serves to (...) diminish the experiences of marginalized folk—does not only transpire because of conceptual gaps, but also because of two other kinds of conceptual disruption: conceptual overlaps and conceptual misalignments. Hence, there are multiple kinds of conceptual disruption that can be usefully studied through the normative lens of epistemic injustice. Technology can play different roles vis-a-vis epistemic injustices, both as a causal trigger of conceptual disruption, but also as a mediator of hermeneutical resources. Its role is normatively significant, in particular because socially disruptive technologies can have different epistemic implications for different groups: they may amplify the epistemic resources of some groups, while diminishing those of others. (shrink)

Gundel, Hedberg and Zacharski propose a framework whereby different referring forms conventionally signal different cognitive statuses on an implica-tional 'givenness hierarchy'. Interaction of the hierarchy with Grice's Maxim of Quantity gives rise to scalar implicatures which further constrain the choice among forms and their interpretations when necessary conditions for more than one form are met. Wilson and Matsui show that reference assignment for NPs introduced by the definite article is constrained within Relevance Theory by the automatic selection of an interpretation (...) that yields adequate contextual effects for minimal processing effort. This paper proposes that an optimal account of how people understand the intended referent of an NP must appeal to both the Givenness Hierarchy and Relevance Theory. Such an account still requires the first part of the Quantity Maxim, however, either as a socially based assumption or as part of the Principle of Relevance itself. (shrink)

We sketch a group-theoretical framework, based on the Heisenberg–Weyl group, encompassing both quantum and classical statistical descriptions of unconstrained, non-relativistic mechanical systems. We redefine in group-theoretical terms a kinematical arena and a space of statistical states of a system, achieving a unified quantum-classical language and an elegant version of the quantum-to-classical transition. We briefly discuss the structure of observables and dynamics within our framework.

The catastrophe of the eye -- A new view of seeing -- Applying the new view of seeing -- The illusion of seeing everything -- Some contentious points -- Towards consciousness -- Types of consciousness -- Phenomenal consciousness, raw feel, and why they're hard -- Squeeze a sponge, drive a porsche : a sensorimotor account of feel -- Consciously experiencing a feel -- The sensorimotor approach to color -- Sensory substitution -- The localization of touch -- The phenomenality plot -- (...) Consciousness. (shrink)

Open peer commentary on the article “Designing Academic Conferences in the Light of Second-Order Cybernetics” by Laurence D. Richards. Upshot: This commentary gives voice to Richards’s desire to move away from traditional formats, such as the paper presentation, by digressing from the OPC format by illustrating how the proposal inspires and disseminates rather than merely adding any critical commentary.

Most discussions of medical futility try to answer the Futility Question: when is a medical procedure futile? No answer enjoys universal support. Some futility policies say that the health care provider will answer this question when the provider and patient cannot agree. This raises the Decision Question: who has the moral authority to decide what to do in cases where futility is disputed? I look for a procedural answer to this question, an answer that does not turn on whether a (...) given party happens to answer the Futility Question correctly. I argue that these policies get it right; the provider should decide because providers have a right of conscientious refusal that extends to refusing procedures on grounds of futility. This is a procedural answer because providers have this right even if they are sincerely mistaken about whether a procedure is futile. (shrink)

In this paper I describe and analyze an economic situation involving two competitive organizations. I put forth the argument that because of the systemic nature of decision making relative to managing the requirements of utilizing a descriptive equation that determines how many people an economic system can support, that even if all the players in the situation act ethically, the results will still be harmful, and necessarily so, to the system and to many innocent people. I will demonstrate that harming (...) innocent people is required and morally defensible given the choices available. The best one can do is slow down the increase in disutilities and possibly operate the system within a range of acceptable behavior that minimizes the resulting harm to innocent people, even if we cannot entirely remove this harm. In this context ethics becomes the study of the acceptable as opposed to the preferable. (shrink)