In Canada, as in many developed countries, healthcare conscientious objection is growing in visibility, if not in incidence. Yet the country's health professional policies on conscientious objection are in disarray. The article reports the results of a comprehensive review of policies relevant to conscientious objection for four Canadian health professions: medicine, nursing, pharmacy and dentistry. Where relevant policies exist in many Canadian provinces, there is much controversy and potential for confusion, due to policy inconsistencies and terminological vagueness. Meanwhile, in Canada's (...) three most northerly territories with significant Aboriginal populations, whose already precarious health is influenced by funding and practitioner shortages, there are major policy gaps applicable to conscientious objection. In many parts of the country, as a result of health professionals' conscientious refusals, access to some legal health services – including but not limited to reproductive health services such as abortion – has been seriously impeded. Although policy reform on conscientious conflicts may be difficult, and may generate strenuous opposition from some professional groups, for the sake of both patients and providers, such policy change must become an urgent priority. (shrink)
Humor is a surprisingly understudied topic in philosophy. However, there has been a flurry of interest in the subject over the past few decades. This article outlines the major theories of humor. It argues for the need for more publications on humor by philosophers. More specifically, it suggests that humor may not be a well-understood phenomenon by questioning a widespread consensus in recent publications – namely, that humor can be detached from laughter. It is argued that this consensus relies on (...) a cognitivist account of emotion, one that is open to debate, and that it becomes unclear what sorts of phenomena a theory of humor is supposed to explain when one questions this assumption. (shrink)
Blackmail raises a pair of parallel legal and moral problems, sometimes referred to as the "paradox of blackmail". It is sometimes legal and morally permissible to ask someone for money, or to threaten to release harmful information about them, while it is illegal and morally impermissible to do these actions jointly. I address the moral version of this paradox by bringing instances of blackmail under a general account of wrongful coercion. According to this account, and contrary to the appearances which (...) give rise to the paradox, threatening the release of harmful information to constrain another's actions is almost never morally impermissible unless it is likewise impermissible to carry out one's threat. To defend this claim I identify a special wrong that arises in the paradoxical cases of threatened information release. The account also resolves a number of other puzzles about blackmail—for example, why profiting from a threat in blackmail can sometimes be impermissible, even though accepting identical payment from an independent offer to retain the same information can be permissible. (shrink)
I argue that on very weak assumptions about truth (in particular, that there are coherent norms governing the use of "true"), there is a proposition absolutely inexpressible with conventional language, or something very close. I argue for this claim "constructively": I use a variant of the Berry Paradox to reveal a particular thought for my readership to entertain that very strongly resists conventional expression. I gauge the severity of this expressive limitation within a taxonomy of expressive failures, and argue that (...) despite its strength there is nothing incoherent about admitting its existence. The argument forms part of a project of clarifying precisely what trade-offs are required to secure the kinds of expressive power truth theorists typically want, in the process showing that the admission of very strong expressive limitations may ultimately prove to be the lesser of two evils. (shrink)
In the Gorgias, Socrates argues that just punishment, though painful, benefits the unjust person by removing injustice from her soul. This paper argues that Socrates thinks the true judge (i) will never use corporal punishment, because such procedures do not remove injustice from the soul; (ii) will use refutations and rebukes as punishments that reveal and focus attention on psychological disorder (= injustice); and (iii) will use confiscation, exile, and death to remove external goods that facilitate unjust action.
Plato often rejects hedonism, but in the "Protagoras", Plato's Socrates seems to endorse hedonism. In this book, J. Clerk Shaw removes this apparent tension by arguing that the "Protagoras" as a whole actually reflects Plato's anti-hedonism. He shows that Plato places hedonism at the core of a complex of popular mistakes about value and especially about virtue: that injustice can be prudent, that wisdom is weak, that courage is the capacity to persevere through fear, and that virtue cannot be taught. (...) The masses reproduce this system of values through shame and fear of punishment. The "Protagoras" and other dialogues depict sophists and orators who have internalized popular morality through shame, but who are also ashamed to state their views openly. Shaw's reading not only reconciles the "Protagoras" with Plato's other dialogues, but harmonizes it with them and even illuminates Plato's wider anti-hedonism. (shrink)
The Sleeping Beauty puzzle has dramatized the divisive question of how de se beliefs should be integrated into formal theories of rational belief change. In this paper, I look ahead to a related question: how should de se beliefs be integrated into formal theories of rational choice? I argue that standard decision theoretic frameworks fail in special cases of de se uncertainty, like Sleeping Beauty. The nature of the failure reveals that sometimes rational choices are determined independently of one’s credences (...) in the kinds of ‘narrow’ de se propositions that Sleepy Beauty has set in relief. Consequently, in addition to pinpointing a failure of standard decision theoretic frameworks, this result casts doubt on a large class of strategies for determining principles for the rationally updating de se beliefs in cases like Sleeping Beauty, and also calls into question the importance of making such a determination at all. (shrink)
Well-known epistemologies of science have implications for how best to understand knowledge transfer (KT). Yet, to date, no serious attempt has been made explicate these particular implications. This paper infers views about KT from two popular epistemologies; what we characterize as incommensurabilitist views (after Devitt 2001; Bird 2002, 2008; Sankey and Hoyningen-Huene 2013) and voluntarist views (after van Fraassen 1984; Dupré 2001; Chakravartty 2015). We argue views of the former sort define the methodological, ontological, and social conditions under which research (...) operates within ‘different worlds’ (to use Kuhn’s expression), and entail that genuine KTs under those conditions should be difficult or even impossible. By contrast, more liberal voluntarist views recognize epistemological processes that allow for transfers across different sciences even under such conditions. After outlining these antithetical positions, we identify two kinds of KTs of two kinds present in well-known episodes in the history of ecology—specifically, successful model transfers from chemical kinetics and thermodynamics into areas of ecological research—which reveal significant limitations of incommensurabilitist views. We conclude by discussing how the selected examples support a pluralistic voluntarism regarding KT. (shrink)
The series of 'trolley' examples issue a challenge to moral principles based on intentions, since it seems that these give the wrong answers in two important cases: 'Fat Man', where they seem to say that it is permissible to push someone in front of a trolley to save others, and 'Loop', where they seem to say that it is wrong to divert a trolley towards a single person whose body will stop it and save others. I reply, first, that there (...) is a parallel between the wrongful intention to mutilate in 'Transplant', where one person's vital organs are removed to save others' lives, and the intention to assault in Fat Man. Secondly, I defend Frances Kamm's view that in Loop one can divert the trolley towards the one without an intention to kill or assault, since good potential side-effects can be taken into account in deciding what to do, without their becoming intentions. (shrink)
Music is an inescapable part of social, cultural and political life, and has played a powerful role in mobilising support for popular movements demanding social justice. The impact of David Bowie, Prince and Bob Dylan, for example, on diversity awareness and legislative reform relating to sexuality, gender and racial equality respectively is still felt; with the latter receiving a Nobel Prize in 2016 for ‘having created new poetic expressions within the great American song tradition’. The influence of these composers and (...) performers reached far beyond the concert hall. Conversely, musical propaganda has been a common feature of many dictatorships, most notably Nazism’s Adolf Hitler and Communism’s Joseph Stalin, and is still instrumental in the election campaigns of political parties. US President Donald Trump’s winning retro classic rock campaign playlist conveyed an idealised version of the past which aligned with the tastes and interests of his core constituency, and evoked feelings of nationalistic pride and patriotism. The eclectic selection of upbeat music effectively masked the underlying capitalist initiatives, corporate greed and allegations of financial impropriety that characterised both the Democrat and Republican campaigns. Although unable to impart meaning with the same level of precision as language, music has a potentially broader semantic capacity due to its greater elasticity. It constitutes a common language which has the ability to create a community of people that sings, speaks, reasons, votes and even feels the same way. Accordingly, this article explores the symbiotic relationship between music and law, identity politics and social justice, via the lens of musical semiosis. (shrink)
Truth-value gaps have received little attention from a foundational perspective, a fact which has rightfully opened up gap theories to charges of vacuousness. This paper develops an account of the foundations of gap-like behavior which has some hope of avoiding such charges. I begin by reviewing and sharpening a powerful argument of Dummett’s to constrain the options that gap theorists have to make sense of their views. I then show that within these strictures, we can give an account of gaps (...) by drawing on elements of a broadly Stalnakerian framework for assertion and using gaps to track an amalgamation of assertoric effects. The discussion reveals that we may need special resources in our theories of assertion to posit gaps, that gaps may be unusable in characterizing the structure of mental states, and that gaps may have heterogeneous linguistic sources that result in equally heterogeneous projective and inferential behavior. (shrink)
Medical assistance in dying was legalized by the Supreme Court of Canada in June 2016 and became a legal, viable end of life care option for Canadians with irremediable illness and suffering. Much attention has been paid to the balance between physicians’ willingness to provide MAiD and patients’ legal right to request medically assisted death in certain circumstances. In contrast, very little attention has been paid to the challenge of making MAiD accessible to vulnerable populations. The purpose of this paper (...) was to examine the extant literature and resources that are available on the provision of MAiD in Canada. We found that the provision of EOLC in Canada offers insufficient access to palliative and EOLC options for Canadians and that vulnerable Canadians experience disproportional barriers to accessing these already limited resources. Consequently, we argue that palliative care, hospice care and MAiD must be considered a spectrum of EOLC that is inclusive and accessible to all Canadians. We conclude by imploring Canadian healthcare professionals, policy makers and legislators to consider MAiD as a viable EOLC option for all Canadians. (shrink)
I argue for two theses about semantically anomalous utterances (more commonly called "category mistakes") like "sequestered slaps reel evergreen rights". First, semantic anomaly generates a unique form of semantically enforced quantifier domain restriction. Second, the best explanation for why anomaly interacts with quantifiers in this way is that anomalous utterances are truth-valueless. After arguing for these points, I trace out two consequences these theses have in semantics and logic. First, I argue they motivate a trivalent semantics on which truth-valueless material (...) has an unsual positive role to play in the compositional semantics of truth-evaluable utterances. Second, I argue that the interaction of anomaly with quantifiers generates a unique form of classical inference failure, and also provides special motivations for reconceptualizing our logical consequence relations. (shrink)
This paper argues that Socrates does not claim to be a political expert at Gorgias 521d6-8, as many scholars say. Still, Socrates does claim a special grasp of true politics. His special grasp (i) results from divine dispensation; (ii) is coherent true belief about politics; and (iii) also is Socratic wisdom about his own epistemic shortcomings. This condition falls short of expertise in two ways: Socrates sometimes lacks fully determinate answers to political questions, and he does not grasp the first (...) principles of politics. (shrink)
Feyerabend is infamous for his defense of pluralism, which he extends to every topic he discusses. Disagreement, a by-product of this pluralism, becomes a sign of flourishing critical communities. In Feyerabend’s political works, he extends this pluralism from science to democratic societies and incorporates his earlier work on scientific methodology into a procedure for designing just policy. However, a description and analysis of Feyerabend’s conception of disagreement is lacking. In this paper, I reconstruct and assess Feyerabend’s conception of disagreement, with (...) a particular emphasis on the role of experts, and its role in the formation of science policy. I go on to assess this argument in light of recent literature on manufactured disagreement on politically contentious science policy. I conclude by suggesting some prospects and problems for de-idealizing Feyerabend’s position on disagreement to see whether it may be plausibly implemented. (shrink)
This paper reads Republic 583b-608b as a single, continuous line of argument. First, Socrates distinguishes real from apparent pleasure and argues that justice is more pleasant than injustice. Next, he describes how pleasures nourish the soul. This line of argument continues into the second discussion of poetry: tragic pleasures are mixed pleasures in the soul that seem greater than they are; indulging them nourishes appetite and corrupts the soul. The paper argues that Plato has a novel account of the ‘paradox (...) of tragedy’, and that the Republic and Philebus contain complementary discussions of tragic and comic pleasure. (shrink)
Two of the most important contributions that Bimal Krishna Matilal made to comparative philosophy are his doctoral dissertation The Navya-Nyāya Doctrine of Negation: The Semantics and Ontology of Negative Statements in Navya-Nyāya Philosophy and his classic: Perception: An Essay on Classical Indian Theories of Knowing. In this essay, we aim to carry forward the work of Bimal K. Matilal by showing how ideas in classical Indian philosophy concerning absence and perception are relevant to recent debates in Anglo-analytic philosophy. In particular, (...) we focus on the recent debate in the philosophy of perception centering on the perception of absence. In her Seeing Absence, Anya Farennikova argues for the thesis that we literally see absences. Her thesis is quite novel within the contexts of the traditions that she engages: analytical philosophy of perception, phenomenology, and cognitive neuroscience. In those traditions there is hardly any exploration of the epistemology of absence. By contrast, this is not the case in classical Indian philosophy where the debate over the ontological and epistemological status of absence is longstanding and quite engaging. In what follows, we engage Farennikova’s arguments, and those of John-Rémy Martin and Jérome Dokic in their response to her work. Using the work of Matilal, Bilimoria and Shaw we show that there are several engaging ideas that can be taken from Indian philosophy into the terrain explored by Farennikova, and Martin & Dokic. Our aim is to provide an updated comparative engagement on absence and its perception for the purposes of enhancing future discussions within global philosophy. However, we do not aim to do this merely by focusing on the history of primary texts or on twentieth century commentary on primary texts. Instead, we hope to show that the living tradition of Indian philosophy that Matilal embodied carries forward in his students and colleagues as they revive, revise, and extend Indian philosophy. (shrink)
One of the aims of this paper is to discuss the different senses of the term 'existence' as used by the nyaya philosophers. this discussion leads us to a discussion on absence or negation and its role in logic. a discussion on empty terms has also been introduced in this context. according to the nyaya, existence, knowability and nameability are considered as universal properties. the distinction between these universal properties has been discussed in this context. i have also discussed the (...) question whether the nyaya has used redundant terms in designating the same imposed property by using three different terms. a distinction between different senses of the term 'property' has also been discussed in this context. (shrink)
This paper argues that not only is there a relationship between birth activism and abortion activism, but that if empowering women is the goal, the two cannot be separated. By understanding how women's bodies have been controlled and their reproductive lives appropriated, the current pro-choice and birth activist frameworks that are used to advocate for women can no longer be understood to address women’s needs. It is by working through the framework of full-spectrum reproductive justice that women may become truly (...) empowered to regain control over their reproductive lives. (shrink)
ANALYTICAL PHILOSOPHY IN COMPARATIVE PERSPECTIVE: AN INTRODUCTION. The aim of this volume is to extend the horizon of philosophical analysis as it is ...
The use of intention in ethics has been the subject of intense debate for many years, but no consensus has emerged over whether intention is morally relevant, or even how it should be understood. In this paper I wish to make a thorough, though by no means exhaustive, examination of the concept and the concepts around it, some to be seen as near-synonyms, and some as contrasting ideas. My interest is in the ethical use of the concept, though my own (...) analysis of it will be indebted to discussions in the philosophy of action. The most famous ethical use, which will not, however, be my direct focus here, is the ‘principle of double effect,’ which states that an agent may cause or allow something bad as long as, first, no evil is intended as an end or a means; and, second, that the foreseen bad is not out of proportion with the anticipated good. It is important to note the principle’s testimony to the plausibility of prohibitions expressed in terms of intentions, and, alongside these, a general prohibition on doing inordinate harms even without intention. (shrink)
In conjunction with the growing feminist literature on pregnancy and visualization, this paper uses Foucault’s The Birth of the Clinic to demonstrate how the effort to make the interior of the pregnant body visible in medical discourse was a crucial part of the development of the modern medical gaze. In doing so I develop two concurrent arguments. First, I argue that the pathological corpse of the Clinic can conceptually serve as a double for the pregnant body as it emerged in (...) modern medicine in the 20th century. At the same time I use the insights of the Clinic to illustrate changes in pregnancy from early modernity to the 20th century. In early modernity, the pregnant body was understood in terms of generation, as a tree that bears fruit; by the 19th century, the pregnant body was a machine that reproduced the species. This transition can be seen in the overlap of pathology and pregnancy in early modernity, an overlap that continued throughout the 19 century and is inadvertently reinforced through the practice of ultrasound. (shrink)
In this paper I give an account and defence of the thought and practice associated with the notion of obedience in religious ethics, especially in reply to the claim that obedience is necessarily unconscientious. First, I argue that it is conscientious to give weight to commands if they are identifiable as pieces of authoritative advice, or, as theists commonly believe, if they have intrinsic moral force. Second, I argue that a theist's strictly moral reasons for fulfilling obligations are not replaced (...) but reinforced by reasons arising out of a personal relationship with God. Anyone who loves God will want to please God, to act in accordance with His teaching and to avoid His punishment, and theists can do these things by respecting existing moral reasons for action. Third, I show how it can be valuable that people submit to God in further ways, by doing what God commends, and by committing themselves to obeying divine commands which would not otherwise be addressed to them. Finally, I argue that subordinating oneself to God's will is itself a partial attainment of the spiritual ideal of mystical union with God. (shrink)
In this late modern era within which the basic values of life have been reordered (driven by globalisation, the corporate agenda and mass communication technologies), the individual has effectively been reduced to a mere abstraction. It might be argued that the rational, moral and humanistic concept of freedom has, to a great extent, been compromised by a consequent crisis within the intelligentsia. These groups, in particular the gatekeepers of a classical liberal approach to legal scholarship, are caught between the twin (...) evils of increased unreflective populism and pragmatism evident within many law schools and modern legal institutions. Although a contested term, defenders of the ‘socio-legal’ tradition, who place the humanities at the heart of legal research and education, are obliged to restate with increased determination the utility of the liberal arts and literature to the law profession and wider legal community. In a normative environment, law and narrative are inextricably linked and narrative poetry is not only invaluable to explaining the origins and location of the legal tradition, but also elicits a mode of understanding which transcends the boundaries of narrowlydefined legal hermeneutics—which often only addresses issues of an operational nature. French novelist Flaubert claimed “chaque notaire porte en soi les débris d’un poète” (Flaubert in Madame bovary (trans: Wall, G.), Penguin Classics, London, 1960: 269), paraphrased by American civil rights lawyer, Clarence Darrow, as “inside every lawyer is the wreck of a poet” (Lukas in Big trouble: a murder in a small western town sets off a struggle for the soul of America, Simon & Schuster, New York, 1997: 323). In an age of disenchantment, this paper explores the poetic form as an important medium within which to understand the nature and function of law in a society of differentiated individuals. (shrink)
The aim of this paper is to present the Nyāya concept of number in the light of contemporary philosophy and to show that the Frege-Russell concept of number does not contradict the Nyāya concept of number but rather supplements it.
Evidence that placebo acupuncture is an effective treatment for chronic pain presents a puzzle: how do placebo needles appearing to patients to penetrate the body, but instead sitting on the skin’s surface in the manner of a tactile stimulus, evoke a healing response? Previous accounts of ritual touch healing in which patients often described enhanced touch sensations suggest an embodied healing mechanism. In this qualitative study, we asked a subset of patients in a singleblind randomized trial in irritable bowel syndrome (...) to describe their treatment experiences while undergoing placebo treament. Analysis focused on patients’ unprompted descriptions of any enhanced touch sensations and any significance patients assigned to the sensations. We found in 5/6 cases, patients associated sensations including “warmth” and “tingling” with treatment efficacy. The conclusion offers a “neurophenomenological” account of the placebo effect by considering dynamic effects of attentional filtering on early sensory cortices, possibly underlying the phenomenology of placebo acupuncture. (shrink)
Reagon, Bellin and Boniface argue that traditional models of evidence-based practice focus too much on randomised controlled trials and neglect 'the multiple truths of occupational therapy'. This opinion piece points out several flaws in their argument, and suggests that it is unethical to rely on weaker evidence sources when higher quality evidence exists. Ironically, the evidence that they provide to support their argument regarding different types of evidence is itself very weak.
The claim that they are the ‘Divine Command Theory of Morality’ might seem to be the neatest and most obvious way to account for the moral force of divine commands. In this paper I shall argue that the Divine Command Theory fails as an account of God’s relationship with morality, both in terms of coherence and in terms of fidelity to the traditional theist practice of obedience to God, while a more modest account of how God is to be understood (...) as having a special moral authority can be successful on both counts. (shrink)
Divine commands are typically held, by theists, to be made not only at the foundations of morality, but also in an 'everyday' setting, when there are already moral considerations applicable to the addressee(s). My aim is to show how a particular command could relate to these pre-existing moral considerations, if it is more than just a repetition of them. If it is right that an action be obligatory, wrong or supererogatory, why would God want to change its status? Anyone can (...) make a normative difference by giving information, making co-ordination proposals, or transferring rights, and it is clear why these actions will sometimes by worthwhile. The problem must be focused on when God makes a moral difference directly, using a 'special moral authority', when His commands are efficacious qua commands. Using this authority, God can perfect imperfect duties, which may make it easier to carry them out. He can extend duties, to make sure more value is produced. He can allocate sacrifices, which can be carried by anyone. And He can resolve conflict games, to everyone's benefit. This explains why God should issue commands in the way that theists typically represent him as doing. (shrink)
The use of intention in ethics has been the subject of intense debate for many years, but no consensus has emerged over whether intention is morally relevant, or even how it should be understood. In this paper I wish to make a thorough, though by no means exhaustive, examination of the concept and the concepts around it, some to be seen as near-synonyms, and some as contrasting ideas. My interest is in the ethical use of the concept, though my own (...) analysis of it will be indebted to discussions in the philosophy of action. The most famous ethical use, which will not, however, be my direct focus here, is the ‘principle of double effect,’ which states that an agent may cause or allow something bad as long as, first, no evil is intended as an end or a means; and, second, that the foreseen bad is not out of proportion with the anticipated good. It is important to note the principle’s testimony to the plausibility of prohibitions expressed in terms of intentions, and, alongside these, a general prohibition on doing inordinate harms even without intention. (shrink)