Even for one, individual, singular person, there are potential problelms with Utilitarianism. We must decide whether we go for pleasure, or try to avoid pain. Many other options are available. In addition to maximizing pleasure, we must also think of what the probabilistic likelihood to getting what we want. When weunderstand the problems, we also face the problem of making transitive decisions. Problems with Intransitive decisions take us out of Utilitarian theory. When we add additional people, the problems are still (...) there, but are now elevated. We see there are exact contradictions, and when we add the problems of evaluating,utilitarianism is more difficult than we had expected. Even Jeremy Bentham’s approach leaves us with problems that cut every way in different directions. This is only a start for Utilitarianism. (shrink)

We characterize a type of functional explanation that addresses why a homologous trait originating deep in the evolutionary history of a group remains widespread and largely unchanged across the group’s lineages. We argue that biologists regularly provide this type of explanation when they attribute conserved functions to phenotypic and genetic traits. The concept of conserved function applies broadly to many biological domains, and we illustrate its importance using examples of molecular sequence alignments at the intersection of evolution and cell biology. (...) We use these examples to show how the study of conserved functions can integrate knowledge of a trait’s causal effects on fitness and its history of natural selection without invoking adaptation. We also show how conserved function provides a novel basis for addressing objections against evolutionary functions raised by Robert Cummins. (shrink)

Can the right to private property be claimed as one of the `rights of mankind'? This is the central question of this comprehensive and critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Right to illustrate this contrast. (...) The book contains original analyses of the concept of ownership, the ideas of rights, and the relation between property and equality. The author's overriding determination throughout is to follow through the arguments and values used to justify private ownership. He finds that the traditional arguments about property yield some surprisingly radical conclusions. (shrink)

In this dissertation, I argue that we should be pluralists about truth and in turn, eliminativists about the property Truth. Traditional deflationists were right to suspect that there is no such property as Truth. Yet there is a plurality of pluralities of properties which enjoy defining features that Truth would have, were it to exist. So although, in this sense, truth is plural, Truth is non-existent. The resulting account of truth is indebted to deflationism as the provenance of the suspicion (...) that Truth doesn't exist. But it would be hasty to simply classify the account as deflationary. Each of the 'truth-like' properties that it recognizes is highly substantive--that is, complex and explanatorily potent. So we should deflate Truth by recognizing that it doesn't exist, but we should also recognize that one of the most vital tasks in truth theory is to discover the essences of the many truth-like properties. My aim here is to do precisely this. (shrink)

It is now standard to interpret Aquinas as recognizing two main types of material objects: substances and artifacts, where substances are those material objects that result from some particular substantial form inhering in prime matter, and artifacts are those material objects that result from some particular accidental form inhering in one or more material substances. There are two problems with this standard interpretation. First, there are passages in which Aquinas states that accidental forms should be understood not as inhering in (...) substances from the outside, but as entering into their composition so as to be included among their metaphysical parts. Second, there are passages in which Aquinas states that it is impossible for any accidental form to be shared by two or more substances. This article considers what implications these two observations might have for how we understand the metaphysical structure of artifacts in Aquinas’s ontology. (shrink)

The long-standing overarching policy governing research with human subjects conducted and supported by most federal agencies and departments in the United States, known as the Common Rule, has recently been revised, with most requirements slated to become effective in 2018. Although there are multiple alterations to the current regulations, some of the most significant changes aim to enhance consent for research. While some of the particular provisions in this regard will be easy to apply and promise to help meet this (...) goal, others may be more challenging to implement despite their intuitive appeal. In this article, I examine some of the provisions in the revised Common Rule that relate to consent: new required consent elements; the goal of comprehension in the consent process; consent forms; and broad consent. By raising issues about these provisions now and suggesting possible ways to overcome their potential shortfalls, the hope is that future efforts can be taken to help clarify and appropriately implement them. (shrink)

"Robert Brandom" is one of the most significant philosophers writing today, yet paradoxically philosophers have found it difficult to get to grips with the details and implications of his work. This book aims to facilitate critical engagement with Brandom's ideas by providing an accessible overview of Brandom's project and the context for an initial assessment. Jeremy Wanderer's examination focuses on Brandom's inferentialist conception of rationality, and the core part of this conception that aims to specify the structure that a (...) set of performances within a social practice must have for the participants to count as sapient beings by virtue of their participation in the practice, and for the performances within the practice to have objective semantic content by virtue of their featuring within the practice. Wanderer's exploration of these two goals forms the structure to the book. It Includes: Part I that provides a structural model of linguistic practice and considers various groups of potential participants in terms of their relationships to this practice; and, Part II that examines the meaning of the performances that are caught up in this gameplaying practice. Brandom's approach to semantics is outlined and the challenge such an approach has in allowing for a representational dimension of language and thought is explored. Wanderer offers readers a valuable framework for understanding the Brandomian system and helps situate Brandom's systematic theorizing within contemporary Anglo-American philosophy. This book will be a sought after aid to reading Brandom for advanced students and philosophers engaging with his challenging body of work. (shrink)

Anti-abortion violence (‘AAV’) is anathema to almost everyone, on all sides of the abortion debate. Yet, as this article aims to show, it is far more difficult than has previously been recognised to avoid the deeply unpalatable conclusion that it can sometimes be justified. Some of the most frequently-occupied positions on the morality of abortion will imply precisely that conclusion, I argue, unless conjoined with an especially stringent and unattractive form of pacifism. This is true not only of strict anti-abortion (...) views, but also, more surprisingly, of some of the most familiar and influential moderate defences of abortion rights. The latter conclusion raises the question, which further work will be required to fully resolve, of what our account of abortion ethics and prenatal moral status must be if it is to enable reconciliation of the common-sense rejections of both pacifism and AAV. I end with reasons to expect that the path to an account that satisfies this demand, without generating further significant intuitive problems, will be far from straightforward. (shrink)

Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.

This volume brings together a wide-ranging collection of the papers written by Jeremy Waldron, one of the most internationally respected political theorists writing today. The main focus of the collection is on substantive issues in modern political philosophy. The first six chapters deal with freedom, toleration and neutrality and argue for a robust conception of liberty. Waldron defends the idea that people have a right to act in ways others disapprove of, and that the state should be neutral vis-á-vis (...) religious and ethical systems. The chapters that follow are concerned with socio-economic rights. Waldron argues that poverty and homelessness are not to be understood apart from the value of freedom. On the contrary our moral response to them should be based on the same values that underlie traditional liberal philosophy. (shrink)

Hylomorphism is the theory according to which the entities within a specified domain are best understood as composed of both matter and form. Contemporary discussions of hylomorphism have found philosophers revisiting classic points of contention concerning the theory’s scope, application, and utility, but it has also led philosophers to carefully reconsider how best to understand hylomorphism’s most basic claims. In this introduction, I begin by providing a brief overview of some of these main points of discussion in the contemporary literature (...) on hylomorphism and some of the main hylomorphic views currently on offer. After that, I provide an overview of some of the main topics discussed in this special issue, offering a brief summary of each contribution. (shrink)

When property rights and environmental legislation clash, what side should the Rule of Law weigh in on? It is from this point that Jeremy Waldron explores the Rule of Law both from an historical perspective - considering the property theory of John Locke - and from the perspective of modern legal controversies. This critical and direct account of the relation between the Rule of Law and the protection of private property criticizes the view - associated with the 'World Bank (...) model' of investor expectations - that a society which fails to protect property rights against legislative restriction is failing to support the Rule of Law. In this book, developed from the 2011 Hamlyn Lectures, Waldron rejects the idea that the Rule of Law privileges property rights over other forms of law and argues instead that the Rule of Law should endorse and applaud the use of legislation to achieve valid social objectives. (shrink)

Stem cell-based innovation is one pathway to clinical translation that stands in contrast to clinical research and medical treatment. After reviewing recently issued guidelines for responsible innovation, this article examines the potential benefits and harms of using this pathway as well as practical barriers and conceptual concerns regarding it.

Acentral promise of human embryonic stem cell research is the potential to develop viable therapeutic approaches to a range of devastating diseases and conditions. Despite excitement over such advances, there are scientific and medical reasons to be cautious as stem cells and their products are introduced into patients. In response to such concerns, the International Society for Stem Cell Research as well as ad hoc groups and individuals have offered approaches to governance of this research. While there are similarities among (...) these governance models and they are in principle easily endorsable, in this paper I raise a set of concerns related to their implementation, suggesting areas where gathering data may facilitate more appropriate oversight. Next, I suggest areas that seem to have been neglected as these governance models have been developed so that they may be on the agendas of those seeking to revise these models in the future. Finally, I describe how some of the concerns that have arisen in considering the appropriate governance of stem cell research may be useful in science and translational research more broadly. (shrink)

Despite concern that patients in the intensive care unit (ICU) may not be treated with respect and dignity, there is not conceptual clarity regarding what constitutes such treatment. In addition, measures specific to treatment with respect and dignity in the ICU are unavailable. Accordingly, a multidisciplinary group developed a conceptual model for treatment with respect and dignity in the ICU and used mixed methods to gather data on this issue. This effort included interviews with patients and families, focus groups with (...) health care professionals, and direct observations. These data were then compared and contrasted to synthesize what was learned. Finally, pilot quantitative patient and family survey data were collected and analyzed. Each of these approaches, which comprise the papers in this supplement to Narrative Inquiry in Bioethics, is briefly described in this article. (shrink)

Legal and Political Philosophy , edited by Enrique Villanueva, is the first volume in the series Social, Political, and Legal Philosophy , published by Rodopi also under his editorship. It contains six original essays by leading political philosophers and philosophers of law , along with critical papers on those essays, and replies. This is cutting edge work that elicits sharp responses already as it is published, with the debate joined as the authors reply. Social, Political, and Legal Philosophy is a (...) new book series, edited by Enrique Villanueva, and published by Rodopi Publishers as part of Rodopi Philosophical Studies . The series will publish collections of new essays on topics in social or political or legal philosophy. New volumes will be published approximately every year or every other year. (shrink)

In earlier articles, the author developed what is known as the "Supersession Thesis," asserting that historic injustice may be overtaken by changes in circumstances so that a situation that was unjust when it was brought about may coincide with what justice requires at a later time. The Supersession Thesis was developed initially as a tool for considering historic injustice suffered by indigenous peoples in the European settlement of countries like Australia, Canada, New Zealand, and the United States. In this paper, (...) the author explores the application of the Supersession Thesis to issues about the Palestinian right of return and also to Israeli settlements in the Occupied Territories. The paper argues that, while it is not unthinkable that the Supersession Thesis might eventually legitimize the settlements and undermine the Palestinian right of return, there is no guarantee that this will happen. The application of the Supersession Thesis does not depend on the passage of time, but on changes in circumstances that a theory of justice makes relevant. Many of the circumstances that make the Supersession Thesis relevant to the post-colonial situations described do not apply in the Israeli situation. Nevertheless, it is worth considering the possibility of applying the Supersession Thesis in this case, because it enables us to assess the merits of the Thesis more sharply in relation to injustice that is taking place now, as opposed to injustice that took place in the nineteenth century. (shrink)

Complementary and alternative medicine is used by many in hopes of achieving important health-related goals. Survey data indicate that 42 percent of the U.S. population uses CAM, accounting for 629 million “office” visits a year and expenditures of 27 billion dollars. This high prevalence of use calls for a careful evaluation of CAM so as to ensure the well-being of those using its modalities. Such an evaluation would obviously include assessments of the safety and efficacy of particular approaches, the training (...) and integrity of practitioners, and the appropriateness of modalities for different conditions or uses. Given the lack of published data concerning many of these aspects of CAM, the likely unfamiliarity of its practitioners to the approaches available to clinicians practicing modern scientific medcine, and the need to respect the unique preferences of persons seeking assistance with achieving health-related goals, it is also important to assess the potential roles of informed consent for the use of CAM. Examining such roles is the central task of this paper. (shrink)

ArgumentThis paper examines the field network – linking together lay observers in geographically distributed locations with a central figure who aggregated their locally produced observations into more general, regional knowledge – as a historically emergent mode of knowledge production. After discussing the significance of weather knowledge as a vital domain in which field networks have operated, it describes and analyzes how a more robust and systematized weather observing field network became established and maintained on the ground in the early twentieth (...) century. This case study, which examines two Kansas City-based local observer networks supervised by the same U.S. Weather Bureau office, demonstrates some of the key issues involved in maintaining field networks, such as the role of communications infrastructure, especially the telegraph, the procedures designed to make local observation more systematic and uniform, and the centralized, hierarchical power relations that underpinned even a low-status example of knowledge production on the periphery. (shrink)

My aim in this article is programmatic. I argue that understanding perceptual experience on the model of perceptual affordances allows us to acknowledge the centrality of embodiment to moral phenomenology, on the one hand, and to see more transparently the place of the emotions in the moral life, on the other. I suggest some means by which moral perception, construed as the perception of moral affordances, might be cultivated.

What is the scope of morality? To whom are we obligated? Whom are we morally required to help? Whom may we not harm? Whom commands our respect and from whom are we forbidden to withhold our assistance? Do moral concerns and requirements diminish over distance, so that our duties are stronger to those who are near to us, and weaken to vanishing point as possible beneficiaries of our actions and inactions are found further and further away? And what does “distance” (...) mean in these circumstances? When is a person near to me? When is a person far away? Is it a matter of who they are, and of their relation to me? Or is it sheer geography? If it is geography, does a person count as near or far in virtue of where they live or in virtue of where they happen to be? (shrink)

This book studies the diverse societies, cities, nations, economies, and regions of the Americas as they emerged in the Western hemisphere in the nineteenth and twentieth centuries. Drawing on the paradigms of social imaginaries and civilizational analysis, it explores regions of Central America, the Caribbean, the United States, and Latin America.

Active monitoring of research with human subjects is no longer reserved for especially complex research or investigating research alleged to be problematic. Rather, many human research subjects’ protection programmes now engage in routine monitoring. Although limited data concerning such monitoring are available, the Association for the Accreditation of Human Research Protection Programs , reports that in 2011 its accredited organisations conducted many routine audits .1 While accredited organisations currently represent a small subset of human subjects’ research programmes, these data are (...) consistent with AAHRP's standard : ‘The Organization measures and improves, when necessary, compliance with organizational policies and procedures and applicable laws, regulations, codes, and guidance. The Organization also measures and improves, when necessary, the quality, effectiveness, and efficiency of the Human Research Protection Program.’2In this issue of Journal of Medical Ethics …. (shrink)

The Patient Self-Determination Act (PSDA) requires hospitals to ask patients upon admission whether they have an advance directive. Although the PSDA has received extensive criticism, little attention has been paid to the cost of the law, either during its legislative course or following its implementation. Nonetheless, several tangible and intangible costs are associated with the PSDA. Such costs may be incurred by different parties. This paper examines the costs and benefits of the PSDA and illustrates the extent of some of (...) its tangible costs. The incremental start-up cost for one institution's response to the PSDA is estimated to be $49,304 ($1.31 per admission) and the total implementation cost of the program to be $114,528. In addition, the national incremental start-up cost for hospitals to implement the PSDA is estimated to be between $43,625,114 and $101,569,922. Finally, the potential implications of the PSDA for future governmental health care ethics regulation are discussed. (shrink)

An alethic holding is any speech act that functions to hold another person to acting for reasons that they already had prior to the performance of a speech act with this function. Although it is tempting to think of such acts as either informing another person of extant reasons for acting or as creating new reasons for that person to so act, a central goal of this paper is to suggest that this temptation should be resisted. First, alethic speech acts (...) are situated within the broader terrain of performances that strive to hold others responsible. Second, the precise sense of ‘holding’ to reason that characterizes an alethic speech act is explicated, in a manner that distinguishes such acts from either those designed to inform one of extant norms or to add new norms. Third, an account that attempts to explain how a speech act can achieve this holding function is offered, one based on the idea of a self-conscious interpersonal, transaction. Finally, it is suggested that the terrain of holding other’s responsible sketched at the outset looks different once this account of alethic holdings is in view. (shrink)

Critical notice of Paul Faulkner, "Knowledge on Trust" (OUP 2011) and Benjamin McMyler, "Testimony, Trust, and Authority" (OUP 2011).

In standard models of decision making, participation in violent political action is understood as the product of instrumentally rational reasoning. According to this line of thinking, instrumentally rational individuals will participate in violent political action only if there are selective incentives that are limited to participants. We argue in favor of an alternate model of political violence where participants are motivated by moral commitments to collective sacred values. Correlative and experimental empirical evidence in the context of the Israeli–Palestinian conflict strongly (...) supports this alternate view. (shrink)

Civilizational analysis has not concerned itself too greatly with the historical experiences of the American New World. There are good reasons to correct this position and Shmuel Eisenstadt’s principal work on America’s distinct modernities goes some way to establishing the colonization of the Atlantic world as an opening phase of modernity. Nonetheless, a more far-reaching analysis of the distinctiveness of diverse American societies can be developed that goes beyond the image of a Protestant North America contrasted with southern Latin cultures. (...) This article outlines the basis for a more nuanced approach in three steps: a focus on intercivilizational engagement, examination of civilizational factors neglected by Eisenstadt and reconsideration of the conceptual range of the notion of ‘civilization’ itself. The archetype of two Americas is replaced by a model of four with some consideration given to indigenous civilizations as a fifth America. (shrink)