Controlling the movement of potentially infectious bodies has been central to Australian immigration law. Nowhere is this more evident than in relation to tuberculosis, which is named as a ground for refusal of a visa in the Australian context. In this paper, I critically examine the “will to knowledge” that this gives rise to. Drawing on a critical analysis of texts, including interviews with migrants diagnosed with TB and healthcare professionals engaged in their care, I argue that this focus on (...) border policing, rather than resettlement and the broader social determinants of health that drive current rates of TB, paradoxically renders migrants diagnosed with TB as liminal subjects in the post-arrival phase. This raises ethical issues about who “matters,” as well as dilemmas about what constitutes adequate care for the “Other,” both of which go to the heart of the political economy of migration. (shrink)

In their article, Crutchfield and Redinger (2024) outline the conditions that they have identified as situations in which it is ethically permissible to use chemical restraints, defined as medicati...

This paper offers an original argument for a Humean thesis about promising that generalises to the domain of normative powers. The Humean ‘natural unintelligibility’ thesis – prominently endorsed by Rawls, Hart, and Anscombe, and roundly rejected or forgotten by contemporary writers (conventionalists and non – conventionalists alike) – holds that a rational, suitably informed agent cannot so much as make a promise (much less a morally-binding promise) without exploiting conventional norms that confer promissory significance on act types (e.g., signing on (...) the dotted line) that would not otherwise have such significance. The argument (like Hume’s) is action-theoretic in character; its central premise is the Contribution Condition on acting with an aim: roughly, that doing X in order to (bring about) Y requires that the agent believe that their having X-ed on the occasion might come to fully or partly account for Y’s coming to pass. The argument generalises to the broader domain of exercises of normative powers, i.e., to acts that modify normative properties by ‘fiat’ or ‘stipulation’. This stipulative act has been characterised in three different ways, each of which is given due consideration. Finally, two different ways of accommodating the ‘natural unintelligibility’ thesis are considered, as is the thesis’s normative significance. (shrink)

Jean-Luc Marion is one of the leading Catholic thinkers of our time: a formidable authority on Descartes and a major scholar in the philosophy of religion. This book presents a concise, accessible, and engaging introduction to the theology of Jean-Luc Marion. Described as one of the leading thinkers of his generation, Marion's take on the postmodern is richly enhanced by his expertise in patristic and mystical theology, phenomenology, and modern philosophy. In this first introduction to Marion's thought, Robyn Horner (...) provides the essential background to Marion's work, as well as analysing the most significant themes for contemporary theology. This book serves as an ideal starting point for students of theology and philosophy, as well as for those seeking to further their knowledge of cutting-edge thinking in contemporary theology. (shrink)

The “Dead Donor Rule” (DDR) is an important injunction shaping the field of organ retrieval and scholarly assessments of specific retrieval practices’ permissibility (e.g., Pasquerella, Smith, and...

We can imagine a world in which ectogenesis provides a safe gestating space that eliminates maternal morbidity and mortality while maximising healthy outcomes for babies. In this world, women, no longer physically—and visibly—pregnant, are no longer economically, socially or physically disadvantaged due to the potential for pregnancy and birth. Because everyone can access the same technology, women are able to work without fear of pregnancy-related discrimination or restrictions, and health disparities among individuals in gestation and birth based on socioeconomic status (...) are eliminated. This imagining allows us to explore the ethical and social underpinnings of such a world, and consider how to achieve it in our current paradigm. Having explored the freedom and equality that is possible in an ideal hypothetical where all have equal access to such technologies, we can now imagine that same world without ectogenesis: women, no longer economically, socially or physically disadvantaged due to pregnancy and birth, despite still becoming pregnant. Such is the potential political perspective and provocation that can be spurred on by discussion of ectogenesis. As Cavaliere argues, the technological reality of ectogenesis may not achieve the freedom and equality that …. (shrink)

Gestational surrogacy relies on a legal agreement between the surrogate and the intended parents to define the roles and responsibilities of the parties, including explicit consent by the surrogate to allow the physician to release all pregnancy-related medical information to the intended parents. In the event of surrogate misconduct, however, physicians may feel conflicted if the surrogate asks the physician to withhold information about potentially dangerous behaviour in pregnancy from the intended parents. While the American Society for Reproductive Medicine guidelines (...) may support disclosure over the objections of the surrogate, the authors argue that such disclosure is a violation of the surrogate’s rights and the physician’s ethical and professional duties. A surrogate’s confidentiality must be maintained as it is an essential element of the physician–patient relationship. (shrink)

"Combining aspects of his acclaimed street work with an innovative approach to portraiture, Chicago-based photographer Jed Fielding has concentrated closely on these children's features and gestures, probing the enigmatic boundaries between surface and interior. Design, composition, and the play of light and shadow are central elements in these photographs, but the images are much more than formal experiments; they confront disability in a way that affirms life. Fielding's sightless subjects project a vitality that seems to extend beyond the limits of (...) self-consciousness. In collaborative, joyful participation with the children, he has made pictures that reveal essential gestures of absorption and the basic expressions of our creatureliness. Fielding's work achieves what only great art, and particularly great portraiture can: it launches and then complicates a process of identification across the barriers that separate us from each other. (shrink)

A notable feature of our moral and legal practices is the recognition of privileges, powers, and entitlements belonging to a select group of individuals in virtue of their status as victims of wrongful conduct. A philosophical literature on relational normativity purports to account for this status in terms of such notions as interests, rights, and attitudes of disregard. This paper argues that such individualistic notions cannot account for prevailing and intuitive ways of demarcating the class of victims. The focus of (...) the discussion is the wrongful infliction of harm, and the mediating role played by impersonal “danger-making properties” in the determination of the class of victims. Beginning with a treatment of one of the most well-known discussions of negligently-inflicted harm — from the most famous case of the American common law tradition, Palsgraf v. Long Island Railroad Co. — the analysis is then extended to the morality of harm-doing more broadly, negligent and intentional alike. The paper’s chief targets are interest theories of rights — including contractualist theories of moral claim-rights of the kind defended by R. Jay Wallace — and neo-Strawsonian Quality of Will theories of “moral injury”. (shrink)

This article argues that the dominant “nonconventionalist” theories of promising cannot account for the moral impact of two basic commercial practices: the transfer of contractual rights and the discharge of contractual debt in bankruptcy. In particular, nonconventionalism’s insensitivity to certain features of social context precludes it from registering the moral significance of these social phenomena. As prelude, I demonstrate that Seana Shiffrin’s influential position concerning the divergence between promise and contract commits her to impugning these features of the modern economy. (...) Finally, I examine the importance of promising for friendship and why we resist the commodification of promissory rights in this domain. (shrink)

Unfortunately, only after online first article publication, it was noticed that the first four sentences in footnote two were incorrect.

Analogues between the coherentism-foundationalism debate in Western philosophy and Candrakīrti's critique of Dignāga's Pramāṇavāda approach are well attested.1 Many scholars who argue that Candrakīrti advocates a form of coherentism cite the following verse from Clear Words as evidence: Thus, knowledge of worldly objects is determined through the fourfold epistemic instruments. And those are established with respect to each other. When the epistemic instruments are correct, so are their objects, and when the objects to be validated are correct, so are their (...) epistemic instruments. It is not at all the case that the nature of the epistemic instrument or of the epistemic object is... (shrink)

From one of our most astute art critics, an impassioned and elegant book that questions the demand for art's political relevance or its need to deliver a message, and insists on its power to take us out of the everyday world, and its most important role: to excite, disturb, inspire or unsettle us. As more and more critics and enthusiasts insist that art needs to promote a particular idea or message, be it political or social, as a brand, a means (...) of education or entertainment, Jed Perl wants to remind us that the purpose of art lies not in our ability to define it, to place it in a context, whether a cause, an issue or an ideology. Instead the true power of art lies in its ability to shake our need for definitions, relevance or categories. He reminds us of the inherently uncategorizable nature of the artistic imagination, that a work of art is not merely a statement beamed out into the world, but the result of a dialogue between the artist and the tools and tradition of the medium, and that the fascination of the arts lies in their ability to be both dispassionate and impassioned. Perl explores the practices that are the foundation for the two catalysts of imaginative achievement: authority and freedom. He discusses the sense of vocation that give artists their purpose and focus, and how the interplay between authority and freedom underpin the creative process. (shrink)

Software-intensive systems are ubiquitous in the industrialized world. The reliability of software has implications for how we understand scientific knowledge produced using software-intensive systems and for our understanding of the ethical and political status of technology. The reliability of a software system is largely determined by the distribution of errors and by the consequences of those errors in the usage of that system. We select a taxonomy of software error types from the literature on empirically observed software errors and compare (...) that taxonomy to Giuseppe Primiero’s Minds and Machines 24: 249–273, (2014) taxonomy of error in information systems. Because Primiero’s taxonomy is articulated in terms of a coherent, explicit model of computation and is more fine-grained than the empirical taxonomy we select, we might expect Primiero’s taxonomy to provide insights into how to reduce the frequency of software error better than the empirical taxonomy. Whether using one software error taxonomy can help to reduce the frequency of software errors better than another taxonomy is ultimately an empirical question. (shrink)

I scratch your back, you scratch mine—how must these services relate in order to constitute a quid pro quo exchange? In the ordinary quid pro quo exchange, each party agrees to do their part in order to get the other party to do theirs; each conditions their own willingness to perform on the willingness of the other; and each regards the other as obligated to do their part in light of their agreement. But not all exchanges are ordinary, and a (...) proper analysis is of considerable practical and theoretical significance. In the law alone, quid pro quo figures prominently in a wide range of contexts—civil as well as criminal, public as well as private—and lies at the core of a number of raging controversies concerning official corruption, insider trading, and other matters. This Article offers the first philosophical analysis of quid pro quo exchange in the Anglophone tradition. (shrink)

Biomedical research and its translation continue to pose normative questions about the nature of relations between researcher and participant and the role of research involving human subjects in so...

"At once rigorous, insightful, and accessible.... the most thorough study yet available on the phenomenological treatment of God as gift in Marion and Derrida. Invaluable reading for those concerned with the theological promise of contemporary Continental philosophy."-Thomas A. Carlson, University of California, Santa Barbara.

This commentary responds to Samuel Director's article “Dementia and Concurrent Consent to Sexual Relations,” in the May‐June 2023 issue of the Hastings Center Report. In the article, Director sets out a set of conditions for sexual consent after one partner in a committed, long‐term relationship develops dementia. While we share Director's view that dementia patients should not be categorically cut off from sexual intimacy, we caution against the use of his approach as a rigid test for allowing sexual activity. Director's (...) analysis does not address the full range of plausibly permissible sexual relationships, which is unfortunate, as intimacy has consistently been linked to physical and psychological well‐being. Moreover, because decisions about sex often carry moral and emotional overtones, we propose that a dementia patient's prior values should sometimes be considered by caregivers in a measured way. (shrink)

Gestational surrogacy relies on a legal agreement between the surrogate and the intended parents to define the roles and responsibilities of the parties, including explicit consent by the surrogate to allow the physician to release all pregnancy-related medical information to the intended parents. In the event of surrogate misconduct, however, physicians may feel conflicted if the surrogate asks the physician to withhold information about potentially dangerous behaviour in pregnancy from the intended parents. While the American Society for Reproductive Medicine guidelines (...) may support disclosure over the objections of the surrogate, the authors argue that such disclosure is a violation of the surrogate’s rights and the physician’s ethical and professional duties. A surrogate’s confidentiality must be maintained as it is an essential element of the physician–patient relationship. (shrink)

This paper provides a reply to articles by Nicola Angius and Guiseppe Primiero responding to our paper “Software Intensive Science”.

The creditions model is incredibly powerful at explaining both how beliefs are formed and how they influence our perceptions. The model contains several cognitive loops, where beliefs not only influence conscious interpretations of perceptions downstream but are active in the subconscious construction of perceptions out of sensory information upstream. This paper shows how this model is mirrored in the epistemology of two central Buddhist figures, Dignāga and Dharmakı̄rti. In addition to showing these parallels, the paper also demonstrates that by drawing (...) on Dignāga and Dharmakı̄rti's theory, we can extend the explanatory power of the creditions model. Namely, while creditions explain how beliefs influence both the conscious interpretation and subconscious construction of sensory information, Dignāga and Dharmakı̄rti suggest beliefs can even be generative of sensory-like information. I recruit ancient Buddhist texts in conjunction with contemporary cognitive science scholarship to offer a hypothesis for the cognitive mechanisms responsible for this. (shrink)

Tibetan Buddhism, the Gelug school specifically, promotes a deep skepticism about the ability to know others’ minds. Its scripture is rife with cautionary tales allegorizing and extolling this skepticism in adherents, while claiming a buddha, by contrast, has eradicated this skepticism with their omniscience. I describe a buddha’s purported privileged epistemic access to others’ minds as “double-hiddenness.” On this skepticism, not just what a buddha knows, but if they know it is hidden, making their authority irreputable. I use critical theory (...) to investigate the ramifications of this double hiddenness, demonstrating that the resultant subjectivization brought about by this extreme skepticism—although the product of power—is not merely a type of subjugation, as suggested by Foucault, but also constitutes a robust agency. (shrink)

The pronunciation of Augustine’s name is a matter of some dispute, between those (including most British scholars) who pronounce it aw-GUS-tin, and those who pronounce it AW-gus-teen. This essay argues for the former as the preferred pronunciation. It is (humorously) modeled on the technical argumentative model of the medieval disputation, which is known best by philosophers in the form of Thomas Aquinas’s masterwork, Summa Theologiae.

In lieu of an abstract, here is a brief excerpt of the content:A Pragmatist in Paris: Frédéric Rauh’s “Task of Dissolution”Richard HornerIntroductionRichard Rorty has suggested that we think of “pragmatism in the professorial sense” as “just a repudiation of the quest for certainty and foundations.” 1 In other words think of a pragmatist as someone who links the quest for privileged method with the quest for foundational knowledge and gives up both. As Rorty explained several years ago,If one believes, as (...) I do, that the traditional ideas of “an absolute (‘objective’) conception of reality” and of “scientific method” are neither clear nor useful, then one will see the interlocked questions “What should be the method of the social sciences?” and “What are the criteria of an objective moral theory?” as badly posed. 2Pragmatists not only give up the quest for grounding, foundations, or essences, then, but they also understand that the dissolution of essences leads in turn to “the dissolution of inquiry into a self-reweaving web of beliefs.” If this “seems wacky to you,” Rorty notes, “consider that such a dissolution is a natural and [End Page 289] easy consequence of a generalized antiessentialism.” 3 Whether he speaks in terms of foundations or essences, Rorty’s message remains the same: pragmatists not only let go of the quest for foundations, they also let go of the quest for privileged method.Perhaps the principle difficulty with this way of defining pragmatism is that not very many people seem to qualify as pragmatists. What Rorty has been able to do with remarkable consistency, others have been less willing and less able to do. There are, of course, still numerous foundationalists among us who are explicit about their commitment to the quest for foundations and to the quest for method that accompanies it. While anti-foundationalism may be all the rage, “it would be too much to say that the foundationalist argument lies in ruins. It is in fact remarkably resilient and resourceful in the face of attacks against it.” 4 Furthermore, even where the “death of foundationalism” is a given, 5 the quest for method continues to hold interest. To cite only one notable example among many, Jürgen Habermas may have successfully resisted the seductive attraction of the quest for Letzbegründung or ultimate foundations, but he clearly remains committed to “a metahermeneutical analysis” of communication, the purpose of which is “to identify universals and thus to produce a type of theoretical knowledge.” 6 This kind of “anti-foundationalist theory hope,” 7 can be found among Deweyan pragmatists as well. While many of them let go of the quest for foundations with relative ease, they find it difficult to abandon the quest for method 8 or to allow the epistemological enterprise to succumb to Rorty’s “vulgar pragmatism.” 9 Furthermore, in doing so they believe that Dewey would have sided with them rather than with Rorty.Given the difficulty in identifying pragmatists who have consistently abandoned both quests, it is especially striking to discover Frédéric Rauh practicing “pragmatism in the professorial sense” in the philosophy section of the Faculté [End Page 290] des lettres of the Sorbonne and Ecole normale supérieure during the first decade of the twentieth century. While this period of French history certainly produced intellectuals who were sympathetic to the American pragmatists, these intellectuals were, as Durkheim noted, “far from subscribing to all their theses.” 10 Renouvier, for instance, remained, in James’s own words, “too classic in the general rationalism of his procedure.” 11 Similarly, James’s good friend Boutroux, though “simpatico” toward American pragmatism, also “betrayed... a philosophical inheritance quite foreign to that of James.” 12 Ralph Barton Perry, comes to a similar conclusion with regard to Bergson, writing that Bergson and James “exchanged salutations and gifts, and then proceeded on their way. In no sense did they coincide either as systems or in their particular theorems.” 13 Apparent alliances, then, emerge finally as “misalliances,” showing that “what has passed as pragmatism in European philosophical thought has not been distinctive of the essential and most important features of American pragmatism.” 14 Whatever their affinities with pragmatism may have been and whatever their contributions to dissolving the... (shrink)

Contraception works by preventing fertilization of an egg or preventing implantation of a fertilized embryo. For those who believe pregnancy begins at implantation, contraceptives preventing implantation are not abortifacient. However, for those who assert that pregnancy begins at fertilization, any agent causing the intentional loss of an embryo, even prior to implantation, is abortifacient, both morally and for lack of a different term to describe the postfertilization, preimplantation loss. In the debate on this topic, much of the discourse on both (...) sides wrongly focuses on the opposing side's perceived ignorance in denying scientifically proven definitions rather than on the substance of the conflict. Indeed, both sides accuse the other of prioritizing its “subjective” views over “objective” facts. In this essay, we unpack the scientific, cultural, and religious factors that underlie this debate. We argue that the only way to move forward is to clarify our terminology and engage with the substance of the argument, rather than merely the rhetoric. (shrink)

Most recent work on the nature of experiment in physics has focused on "big science"--the large-scale research addressed in Andrew Pickering's Constructing Quarks and Peter Galison's How Experiments End. This book examines small-scale experiment in physics, in particular the relation between theory and practice. The contributors focus on interactions among the people, materials, and ideas involved in experiments--factors that have been relatively neglected in science studies. The first half of the book is primarily philosophical, with contributions from Andrew Pickering, Peter (...) Galison, Hans Radder, Brian Baigrie, and Yves Gingras. Among the issues they address are the resources deployed by theoreticians and experimenters, the boundaries that constrain theory and practice, the limits of objectivity, the reproducibility of results, and the intentions of researchers. The second half is devoted to historical case studies in the practice of physics from the early nineteenth to the early twentieth century. These chapters address failed as well as successful experimental work ranging from Victorian astronomy through Hertz's investigation of cathode rays to Trouton's attempt to harness the ether. Contributors to this section are Jed Z. Buchwald, Giora Hon, Margaret Morrison, Simon Schaffer, and Andrew Warwick. With a lucid introduction by Ian Hacking, and original articles by noted scholars in the history and philosophy of science, this book is poised to become a significant source on the nature of small-scale experiment in physics. (shrink)

The revival of virtue ethics is largely inspired by Aristotle, but few---especially Christians---follow him in seeing virtue supremely exemplified in the “magnanimous” man. However, Aristotle raises a matter of importance: the character traits and type of psychological stance exemplified in those who aspire to acts of extraordinary excellence. I explore the accounts of magnanimity found in both Aristotle and Aquinas, defending the intelligibility and acceptability of some central elements of a broadly Aristotelian conception of magnanimity. Aquinas, I argue, provides insight (...) into how Christian ethics may appropriate central elements of a broadly Aristotelian conception of extraordinary virtue. (shrink)

Should we try to live in the present? Such is the imperative of modernity, Jed Rubenfeld writes in this important and original work of political theory. Since Jefferson proclaimed that 'the earth belongs to the living', since Freud announced that mental health requires people to 'get free of their past', since Nietzsche declared that the happy man is the man who 'leaps into the moment', modernity has directed its inhabitants to live in the present, as if there alone could they (...) find happiness, authenticity, and above all freedom. But this imperative, Rubenfeld argues, rests on a profoundly inadequate, deforming picture of the relationship between freedom and time. Instead, Rubenfeld suggests, human freedom, indeed human being itself, necessarily extends into both past and future; self-government consists of giving our lives meaning and purpose over time. From this conception of self-government, Rubenfeld derives a new theory of constitutional law's place in democracy. Democracy, he writes, is not a matter of governance by the present 'will of the people'; it is a matter of a nation's laying down and living up to enduring political and legal commitments. Constitutionalism is not coun. (shrink)

Le Songe de Scipion est l’occasion pour Cicéron de revenir sur cette notion généralement dévalorisée politiquement qu’est l’espoir, par le biais de la longue narration d’un rêve, dans lequel Scipion a eu la vision, non seulement de sa destinée future, mais de l’ensemble de l’univers, et a été instruit du destin des âmes humaines après la mort. En réponse aux interrogations du républicanisme antique sur les limites dans lesquelles une République peut aspirer à la gloire et à l’expansion impériale, l’eschatologie (...) développée par Cicéron dans le Songe de Scipion vient relégitimer l’espoir, en le réorientant vers cette gloire céleste, et non plus terrestre, promise après la mort aux hommes politiques attachés à la vertu. Prêter attention au traitement de l’espoir dans le De Republica permet à la fois de ressaisir l’unité que forme le Songe avec le reste de l’œuvre et d’esquisser l’histoire d’une réflexion sur la valeur politique de l’espoir. (shrink)

Cicero is one of the most important and influential thinkers within the history of Western philosophy. For the last thirty years, his reputation as a philosopher has once again been on the rise after close to a century of very low esteem. This Companion introduces readers to 'Cicero the philosopher' and to his philosophical writings. It provides a handy port-of-call for those interested in Cicero's original contributions to a wide variety of topics such as epistemology, the emotions, determinism and responsibility, (...) cosmopolitanism, republicanism, philosophical translation, dialogue, aging, friendship, and more. The international, interdisciplinary team of scholars represented in this volume highlights the historical significance and contemporary relevance of Cicero's writings, and suggests pathways for future scholarship on Cicero's philosophy as we move through the twenty-first century. (shrink)

Tertullian first coined the phrase ‘the freedom of religion’. This article considers what this entails. I argue that Tertullian’s discussion of religious liberty derives its theoretical significance from his creative repurposing of the Roman idea of liberty as non-domination. Tertullian contends that the Roman magistrates’ treatment of Christian citizens and loyal subjects amounts to tyrannical domination characterized by the absence of the traditional conditions for non-domination: the rule of law, rule in and responsive to the interests of the people, and (...) citizens’ rights. On his reworking of these criteria, he argues that citizens and loyal subjects should have the right to act publicly on the convictions of their conscience even if these actions conflict with the state’s civil religion. Tertullian shows that non-domination is a highly flexible idea that does not necessarily entail the participatory ‘free state’ of republicanism. Moreover, by applying the logic of non-domination to questions surrounding religious liberty, he opens up an important avenue of investigation largely ignored in the contemporary republican literature on non-domination. (shrink)

The comments accompanying Proposition (Prop.) 11 (“God... necessarily exists”) in Part I of Spinoza’s The Ethics contain sketches of what appear to be at least three more or less distinct ontological arguments. The first of these is problematic even on its own terms. More is true: even the proposition “God exists” (GE), a consequence of Prop. 11, cannot be derived from the definitions and axioms of Part I (the “DAPI”) of The Ethics; thus, Prop. 11 cannot be derived from the (...) DAPI, either. To prove these claims, I use an automated deduction system (ADS) to show that Prop. 11 is independent of the DAPI. I then augment the DAPI with some auxiliary assumptions I believe Spinoza would accept and that sustain an automated derivation of (GE). The results illustrate how an ADS can facilitate the analysis of arguments and yield an apparently novel argument cast in the style of Spinoza. (shrink)

McCarthy et al. have made an important contribution to the field of ethics by identifying the important similarities between Christian and secular bioethics that can be drawn on to further s...

Much of the contemporary discussion of religion seems to do away with the very possibility of revelation. In this article, I use Lacoste’s phenomenology of la parole to rethink a theology of revelation in terms of God’s personal self-giving in experience. After examining Lacoste’s views of the relationship between philosophy and theology, his liturgical reduction and what this means for an understanding of experience and knowledge, and his thought of la parole more broadly, I give critical consideration to how he (...) thinks the possibility of God’s address to humanity. Lacoste maintains that God’s presence in experience may be known through affection, and, indeed, that the word may so move us that we are able to recognise that presence. He uses the notion of self-evidence rather than the usual phenomenological category of evidence to evince the reasonableness of this response. I argue that while Lacoste accords due deference to a traditional understanding of revelation as the repetition or unfolding of a word addressed to us in the past, his thought also allows us to think revelation as a contemporary event, the hermeneutics of which allow us to know God in ways that are new. (shrink)