This book reflects the belief that a careful study of the Law of Attempts should be both interesting in itself, as well as being a productive route into a number of larger and deeper issues in criminal law theory and in the philosophy of action. By identifying the legal doctrines which courts and legislatures have developed or adopted, the author goes on to ask whether and how they can be rationalized or rendered persuasive. Such an approach involves paying detailed attention (...) to cases. The book is also unusual in that it grapples with English, Scots and US law, showing great breadth of research as well as philosophical sophistication. This is a work which is likely to become a seminal study and a major contribution to the study of law and legal philosophy. (shrink)

Frege begins Die Grundlagen der Arithmetik, the work that introduces the project which was to occupy him for most of his professional career, with the question, 'What is the number one?' It is a question to which even mathematicians, he says, have no satisfactory answer. And given this scandalous situation, he adds, there is small hope that we shall be able to say what number is. Frege intends to rectify the situation by providing definitions of the number one and the (...) concept of number. But what, exactly, is required of a definition? Surely it will not do to stipulate that the number one is Julius Caesar - that would change the subject. It seems reasonable to suppose that an acceptable definition must be a true statement containing a description that picks out the object to which the numeral '1' already refers. And, similarly, that an acceptable definition of the concept of number must contain a description that picks out precisely those objects that are numbers - those objects to which our numerals refer. Yet, while Frege writes a great deal about what criteria his definitions must satisfy, the above criteria are not among those he mentions. Nor does he attempt to convince us that his definitions of '1' and the other numerals are correct by arguing that these definitions pick out objects to which these numerals have always referred. Yet, while Frege writes a great deal about what criteria his definitions must satisfy, the above criteria are not among those he mentions. Nor does he attempt to convince us that his definitions of ‘1’ and the other numerals are correct by arguing that these definitions pick out objects to which these numerals have always referred. There is, as we shall see shortly, a great deal of evidence that Frege’s definitions are not intended to pick out objects to which our numerals already refer. But if this is so, how can these definitions teach us anything about our science of arithmetic? And what criteria must these definitions satisfy? To answer these questions, we need to understand what it is that Frege thinks we need to learn about the science of arithmetic. (shrink)

In spite of feminist recognition that hierarchical organizations are an important location of male dominance, most feminists writing about organizations assume that organizational structure is gender neutral. This article argues that organizational structure is not gender neutral; on the contrary, assumptions about gender underlie the documents and contracts used to construct organizations and to provide the commonsense ground for theorizing about them. Their gendered nature is partly masked through obscuring the embodied nature of work.jobs and hierarchies, common concepts in organizational (...) thinking, assume a disembodies and universal worker. This worker is actually a man; men's bodies, sexuality, and relationships to procreation and paid work are subsumed in the image of the worker. Images of men's bodies and masculinity pervade organizational processes, marginalizing women and contributing to the maintenance of gender segregation in organizations. The positing of gender-neutral and disembodied organizational structures and work relations is part of the larger strategy of control in industrial capitalist societies, which, at least partly, are built upon a deeply embedded substructure of gender difference. (shrink)

Great bliss clarified -- Six verses on co-emergence -- Utterly clear teaching of unification -- Definitive teaching on dreams -- Clear teaching on utter non-dwelling -- Full teaching of suchness -- Six verses on Madhyamaka.

In this article, the author addresses two feminist issues: first, how to conceptualize intersectionality, the mutual reproduction of class, gender, and racial relations of inequality, and second, how to identify barriers to creating equality in work organizations. She develops one answer to both issues, suggesting the idea of “inequality regimes” as an analytic approach to understanding the creation of inequalities in work organizations. Inequality regimes are the interlocked practices and processes that result in continuing inequalities in all work organizations. Work (...) organizations are critical locations for the investigation of the continuous creation of complex inequalities because much societal inequality originates in such organizations. Work organizations are also the target for many attempts to alter patterns of inequality: The study of change efforts and the oppositions they engender are often opportunities to observe frequently invisible aspects of the reproduction of inequalities. The concept of inequality regimes may be useful in analyzing organizational change projects to better understand why these projects so often fail and why they succeed when this occurs. (shrink)

A signal challenge of twenty-first century psychiatry is the effective treatment of existential/spiritual suffering in palliative care. This chapter will concentrate on research to assess the therapeutic potential of psilocybin to assuage that suffering. If a “psychedelic experience” can facilitate an acceptance of impending death, and reduce the existential suffering of those who endure it, it could prove to be a valuable intervention where one is sorely needed. The therapeutic use of psilocybin with dying patients (hereinafter patients) raises numerous questions (...) about research trial design, the model of psychiatry that might accommodate it, and the kind of experience it induces. Are these the sorts of experience that psychiatric treatment should effect on troubled patients? Is spiritual care within the ambit of psychiatry? There are epistemological questions as to the veridicality of the psychedelic experience. How much credence should we give it? I will argue in cautious support of ongoing research to evaluate the therapeutic use of psilocybin in palliative care. This argument can be extended to research on its therapeutic use in psychotherapy. The chapter will focus on four questions: (1) what is the ethical justification for this research on patients? (2) What types of research trial design are best used to assess the purported benefits of a psychedelic drug experience? (3) What is the epistemic warrant of the “mystical” and “noetic” facets of this experience? (4) What models of (a) psychiatry and (b) drug action could accommodate the therapeutic use of psilocybin in palliative care? (shrink)

Five pre-eminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. The essays discuss some of the principles by which, it is often thought, a system of law should be structured, and they ask whether our own systems are genuinely principled or riven by basic contradictions, reflecting deeper political (...) and social conflicts. The volume as a whole shows how lively and exciting contemporary legal theory can be. (shrink)

Not only can the influence of Gottlob Frege be found in contemporary work in logic, the philosophy of mathematics, and the philosophy of language, but his projects—and the very terminology he employed in pursuing those projects—are still current in contemporary philosophy. This is undoubtedly why it seems so reasonable to assume that we can read Frege' s writings as if he were one of us, speaking to our philosophical concerns in our language. In Joan Weiner's view, however, Frege's words (...) can be accurately interpreted only if we set that assumption aside. Weiner here offers a challenging new approach to the philosophy of this central figure in analytic philosophy. Weiner finds in Frege's corpus, from Begriffsschrift on, a unified project of remarkable ambition to which each of the writings in that corpus makes a distinct contribution—a project whose motivation she brings to life through a careful reading of his Foundations of Arithmetic. The Frege that Weiner brings into clear view is very different from the familiar figure. Far from having originated one of the standard positions on the nature of reference, Frege turns out not to have had positive doctrines on anything like what contemporary philosophers mean by "reference." Far from having served as a standard-bearer for those who take the realists' side of contemporary disputes with anti-realists, Frege turns out to have had no stake in either side of the controversy. Through Weiner's lens, Frege emerges as a thinker who has principled reasons for challenging the very assumptions and motivations that animate philosophers to dispute these doctrines. This lucidly written and accessible book will generate controversy among all readers with an interest in epistemology, philosophy of language, history of philosophy, and the philosophy of mathematics. (shrink)

The Healing Virtues explores the intersection of psychotherapy and virtue ethics - with an emphasis on the patient's role within a healing process. It considers how the common ground between the therapeutic process and the cultivation of virtues can inform the efforts of both therapist and patient. Within this book, the Duff R. Waring argues that there is a case for patient virtues that are crucially relevant to working through the problems in living that arise in psychotherapy, e.g., honesty, (...) courage, humility, perseverance. The central idea is that treatment may need to build virtues while it ameliorates problems. Hence, the patient's work in psychotherapy can both challenge character strengths and result in their further development. (shrink)

There is a section in Samuel Delany’s magnificent autobiographical meditation, The Motion of Light in Water, that dramatically raises the problem of writing the history of difference, the history, that is, of the designation of “other,” of the attribution of characteristics that distinguish categories of people from some presumed norm.1 Delany recounts his reaction to his first visit to the St. Marks bathhouse in 1963. He remembers standing on the threshold of a “gym-sized room” dimly lit by blue bulbs. The (...) room was full of people, some standing, the rest an undulating mass of naked, male bodies, spread wall to wall. My first response was a kind of heart-thudding astonishment very close to fear. I have written of a space at certain libidinal saturation before. That was not what frightened me. It was rather that the saturation was not only kinesthetic but visible.2Watching the scene establishes for Delany a “fact that flew in the face” of the prevailing representation of homosexuals in the 1950s as “isolated perverts,” as subjects “gone awry.” The “apprehension of massed bodies” gave him a “sense of political power”:what this experience said was that there was a population—not of individual homosexuals … not of hundreds, not of thousands, but rather of millions of gay men, and that history had, actively and already, created for us whole galleries of institutions, good and bad, to accommodate our sex. [M, p. 174] 2. Samuel R. Delany, The Motion of Light in Water: Sex and Science Fiction Writing in the East Village, 1957-1965 , p. 173; hereafter abbreviated M. Joan W. Scott is professor of social science at the Institute for Advanced Study in Princeton, New Jersey. She is the author, most recently, of Gender and the Politics of History and is currently at work on a history of feminist claims for political rights in France during the period 1789-1945 as a way of exploring arguments about equality and difference. (shrink)

"Speciesism: 'A failure, in attitude or practice, to accord any nonhuman being equal consideration and respect'"--From the book's cover.

This essay argues that the practice ofmedicine is not a phronetic activity in theoriginal Aristotelian sense of that term. Jonsen andToulmin are two philosophers who have conflated thetechne of medicine with phronesis. Thisconflation ignores Aristotle's crucial distinctionbetween techne and phronesis and his useof the medical analogy. It is argued that medicalreasoning is similar to phronesis but does notexemplify it. Phronesis will not save thelife of medical ethics. The concept could be utilized as amoral prosthetic.

When (if ever) may a professional deceive a client for the client's own good? Under what conditions (if any) is whistle-blowing morally required? These are just some of the questions that scholars as diverse as Michael D. Bayles, Thomas Nagel, Sissela Bok, Jessica Mitford, and Peter A. French confront in this stimulating anthology. Organized around philosophical issues such as the moral foundations of professional ethics, models of the professional-client relationship, deception, informed consent, privacy and confidentiality, professional dissent, and professional virtue, (...) the volume illuminates the complex ethical issues that arise in journalism, law, health care, counselling, education, engineering, business, politics, and social science research. A variety of pedagogical aids--including clear introductions to and study questions for each set of readings, concrete cases designed to focus discussion, and an appendix on preparing cases and position papers--makes the text invaluable for both students and teachers of professional ethics. (shrink)

Marcia Baron has offered an illuminating and fruitful discussion of extra-legal excuses. What is particularly useful, and particularly important, is her focus on our excusatory practices—on the ways and contexts in which we make, offer, accept, bestow and reject excuses: if we are to reach an adequate understanding of excuses, their implications and their grounds, we must attend to the roles that they can play in our human activities and relationships—and to the complexities and particularities of those roles. However, I (...) want to focus my comments less on the details of Baron’s discussions of excuses in extra-legal contexts than on the implications of her discussion for our understanding of excuses in the criminal law. What light (if any, a sceptic might add) can such analyses of our extra-legal concepts and practices throw on legal concepts and doctrines? (shrink)

In response to Lawrence Solum's advocacy of a ‘virtue–centred theory of judging’, I argue that there is indeed important work to be done in identifying and characterising those qualities of character that constitute judicial virtues – those qualities that a person needs if she is to judge well (though I criticise Solum's account of one of the five pairs of judicial vices and virtues that he identifies – avarice and temperance). However, Solum's more ambitious claims – that a judge's vice (...) necessarily corrupts her decisions, and that in at least some contexts we must define a legally correct decision as one that would be reached by a virtuous judge – should be rejected: we can undermine the former by attending to the requirements of due process, and the latter by attending to the ways in which a judge would try to justify her decision. (shrink)

How can a critical analysis of entrepreneurial intention inform an appreciation of ethics in social enterprise business models? In answering this question, we consider the ethical commitments that inform entrepreneurial action and the hybrid organisations that emerge out of these commitments and actions. Ethical theory can be a useful way to reorient the field of social enterprise so that it is more critical of bureaucratic and market-driven enterprises connected to neoliberal doctrine. Social enterprise hybrid business models are therefore reframed as (...) outcomes of both ethical and entrepreneurial intentions. We challenge the dominant conceptualisation of social enterprise as a hybrid blend of mission and market by reframing hybridity in terms of the moral choice of economic system and social value orientation. We deconstruct the political foundations of charitable trading activities, co-operative and mutual enterprises and socially responsible businesses by examining the rationalities and ethical commitments that underpin them. Whilst conceptual modelling of social enterprise is not new, this paper contributes to knowledge by developing a theory of social enterprise ethics based on the moral/political choices that are made by entrepreneurs when choosing between systems of economic exchange and social value orientation, then expressing it through a legal form. (shrink)

The standard approach to ethics in psychotherapy is to focus on the therapist. Although normative “boundary” ethics revolves around what the therapist ought, or ought not, to do, virtue ethics can revolve around the kind of person the therapist ought to be. One can thus apply virtue ethical theory to clinical practice and argue for therapist virtues that are relevant to meeting professional standards and to working effectively through the problems that arise in psychotherapy. Considerably less attention has been paid (...) to how virtue ethics relates to the patient. The ethics of psychotherapy can also revolve around the sort of person the patient should be. I argue that there are nascent virtues which the patient can bring to psychotherapy that, when cultivated with the therapist, can facilitate a beneficial outcome and virtues that can be seen as psychotherapeutic goals toward which the patient ought to strive. (shrink)

The gender-based wage gap in Swedish banks began to increase in 1983 after many years of decline. The growth in the gap between the wages of nonmanagerial women and men employees was particularly high. This article asks, How did this happen? Wage setting, part of the processes of control in capitalist economies, is accomplished through concrete practices under specific historical conditions. The author studied these practices and conditions to understand the increasing wage gap. Through interviews and examination of union and (...) management documents, the author constructs an account of a wage-setting process that, in spite of a strong union and centralized bargaining, allows management to make discretionary wage decisions that favor raises for men over raises for women. Since 1983, competition and deregulation in the banking sector as well as union strategies have created conditions in which an increasing proportion of annual wage increases have been distributed on a discretionary basis. This has led to an increase in the wage gap. The author concludes that policies to raise women's relative wages should pursue general, across-the-board bargaining rather than individualized wage setting. (shrink)

Grunbaum claims that the remedial failure of atreatment's characteristic factors is thegeneric, objective property of a placebo. Hestipulates that a treatment is placebic if thisremedial failure exacerbates the targetdisorder. This stipulation can subsume asplacebic effects that might be solelypharmacological, e.g., paradoxical reactions tocertain psychiatric drugs. If that exacerbationcan be explained pharmacologically, then wemight question whether Grunbaum's definitionalscheme captures the core identity of what weusually intend by the placebo concept. Ipropose that this core identity is bestcaptured by a symbolic meaning hypothesis (...) inwhich psychological factors exert thedeterminative influence. (shrink)

In Read My Desire, Joan Copjec stages a confrontation between the theories of Jacques Lacan and Michel Foucault, protagonists of two powerful modern discourses - psychoanalysis and historicism. Ordinarily, these discourses only cross paths long enough for historicists to charge psychoanalysis with an indifference to history, but here psychoanalysis, via Lacan, goes on the offensive. Refusing to cede historicity to the historicists, Copjec makes a case for the superiority of Lacan's explanation of historical process, its generative principles, and its (...) complex functionings. Her goal is to inspire a new kind of cultural critique, one that would be "literate in desire," that would be able to read what is inarticulable in cultural statements. Choosing a variety of battlegrounds, from historical phenomena - the 40,000 unsettling photographs of Moroccan drapery taken by Lacan's mentor, G. G. de ClA©rambault; the coincidence between vampire literature and the eighteenth-century imperative to breast-feed; the recurrent emptiness of urban spaces in film noir; the rise of democracy and questions of human rights - to theoretical concepts such as the gaze, cause, and sexual difference, Copjec imagines the blows that each contender might strike. Although Lacan emerges the victor, one has a sense that for Copjec the contest is close, that she is interested not in simply dismissing Foucault but in seizing his theory at those moments when its concerns and strategies are similar to Lacan's. She is intent on understanding how two compelling theories come to diverge, how small differences distort common assumptions. Establishing the links between psychoanalysis and critical philosophy, Copjec treats psychoanalysis not as a private language but as the mother tongue of modernity. She thus makes Lacan's famous "return to Freud" a return, as well, to the best principles of the Enlightenment. By this maneuver she forces us to question the historicist dialect that we have been taught to speak and that we all but take for granted and to regret the loss in it of psychoanalysis's more rousing accents. (shrink)

Moral distress has received much attention in the international nursing literature in recent years. In this article, we describe the evolution of the concept of moral distress among nursing theorists from its initial delineation by the philosopher Jameton to its subsequent deployment as an umbrella concept describing the impact of moral constraints on health professionals and the patients for whom they care. The article raises worries about the way in which the concept of moral distress has been portrayed in some (...) nursing research and expresses concern about the fact that research, so far, has been largely confined to determining the prevalence of experiences of moral distress among nurses. We conclude by proposing a reconsideration, possible reconstruction and multidisciplinary approach to understanding the experiences of all health professionals who have to make difficult moral judgements and decisions in complex situations. (shrink)

This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. The central question is: whose bad luck is a particular piece of misfortune? Arthur Ripstein argues that there is a general set of principles to be found that clarifies responsibility in those cases where luck is most obviously an issue: accidents, mistakes, emergencies, and failed attempts at crime. In revealing how the problems that arise in tort and criminal law as well as (...) distributive justice invite structurally parallel solutions, the author also shows the deep connection between individual responsibility and social equality. This is a challenging and provocative book that will be of special interest to moral and political philosophers, legal theorists, and political scientists. (shrink)

Kamm's approach to patient selection qualifies the notion that fairness makes need for scarce, transplantable organs inversely proportional to age. She defines need as how much adequate conscious life a person will have had before death. Length of adequate conscious life correlates highly with age. If so, then younger persons are usually needier than older ones. Since Kamm allows for past periods of non‐adequate conscious life, I argue that this correlation may be neither as close, nor as easy to apply, (...) as she wants it to be. Fairness should require assessment of experiential content in determining how long one's life has been adequately conscious. I argue that such assessments involve some of the goods of experience and quality of life judgements that Kamm thinks a reliance on adequate conscious life will avoid. (shrink)

The central issue of this dissertation is known in bioethics as the problem of fair chances versus best outcomes. The decision-making context is patient selection for scarce, transplantable organs. This problem poses two options for patient selection: either select by a procedure which affords fair chances to all medically suitable transplant candidates or select those whose prognoses indicate the highest levels of prospective medical benefit. The fair chances/best outcomes problem is essentially a problem of choosing between lives. An egalitarian approach (...) to patient selection favours fair chances. A utilitarian approach favours best outcomes. My project is a sustained defence of an egalitarian approach. It targets first a rule utilitarian argument for maximizing medical benefit. It targets second an argument that fairness in patient selection requires a preference for saving younger lives. I argue that patients should have prognoses at or above a threshold level of medical benefit to be medically suitable candidates. I propose random selection by lottery as a means of final selection that equally values lives. I argue that equality of opportunity best reflects an egalitarian commitment to equal concern and respect. (shrink)

The expert clinical community is split about whether the difference between antidepressant treatment and treatment with placebos stems from the efficacy of the drug or from subjects’ heightened expectancy enhanced by side effects—i.e., enhanced placebo effects. Proving whether pharmacological efficacy has been established reliably by randomized controlled trials of antidepressant drugs is difficult, primarily because substituting a placebo for an effective treatment in the control arm of a trial is ethically questionable. I argue that clinical equipoise permits the use of (...) active placebo controls in trials that test antidepressants. Placebo controls for drug trials are ethically defensible and scientifically justified when we have evidence that a standard treatment might only work because of enhanced placebo effects, and when a respectable minority of the expert clinical community endorses these concerns. (shrink)

This article offers a conceptual analysis of self-respect and self-esteem that informs the ethics of psychotherapy in palliative care. It is focused on Chochinov’s Dignity Therapy, an internationally recognized treatment offered to dying patients who express a need to bolster their sense of self-worth. Although Dignity Therapy aims to help such patients affirm their value through summarized life stories that are shared with their survivors, it is not grounded in a robust theory of self-respect. There is reason to be skeptical (...) about deathbed narratives, and Dignity Therapy can unintentionally encourage distorted representations at odds with the self-respect it aims to affirm. Dignity therapy can also encourage distortions of self-esteem that are in conflict with self-respect. Although Chochinov does not address it, the distinction between self-respect and self-esteem is relevant to deathbed accounts. Dillon’s feminist revisioning of self-respect can inform the practice of Dignity Therapy by encouraging honest life stories through a reckoning with one’s moral complexity, especially in moral generativity cases where patients seek forgiveness, relate atonement, or present their lives as examples to be followed. Her concept of self-esteem allows for therapeutic benefits that are less demanding, but no less significant, than those derived from a moral reckoning. Appropriate affirmations of self-esteem can provide much-needed solace when self-respect is damaged beyond adequate repair. Dillon’s account of self-respect and self-esteem enables a richer understanding of the kinds of personal evaluation and disclosure that Dignity Therapy accommodates. As such, their place in Dignity Therapy needs more critical evaluation than it has received. (shrink)

Most evolutionary analyses of animal communication suggest that low-cost signals can evolve only when both the signaller and the recipient rank outcomes in the same order. When there is a conflict of interest between sender and receiver, honest signals must be costly. However, recent work suggests that low-cost signals can be evolutionarily stable, even when the sender and the receiver rank outcomes in different orders, as long as the interest in achieving coordination is sufficiently great. In this paper, we extend (...) this body of work by analysing a game theory model that shows that low-cost signals can evolve when there are conflicts of interest and no interest in coordination, as long as individuals interact repeatedly. We also present an empirical example indicating that female rhesus macaques, Macaca mulatta, use honest, low-cost, vocal signals to facilitate interactions when conflicts of interest exist. (shrink)