What is the foundation of consent in the criminal law? Classically liberal commentators have offered at least three distinct theories. J.S. Mill contends we value consent because individuals are the best judges of their own interests. Joel Feinberg argues an individual’s consent matters because she has a right to autonomy based on her intrinsic sovereignty over her own life. Joseph Raz also focuses on autonomy, but argues that society values autonomy as a constituent element of individual well-being, which it is (...) the state’s duty to promote. The criminal law’s approach to the problem of non-contemporaneous consent—prospective consent and retrospective consent—casts a unique light on the differences among these three justifications. Peter Westen claims neither Mill’s nor Feinberg’s justifications for consent fully explains how non-contemporaneous consent is treated in the criminal law. Specifically, Mill’s “self-interest” conception explains the criminal law’s limited recognition of prospective consent, but cannot explain its total rejection of retrospective consent. Conversely, Feinberg’s “sovereign autonomy” conception explains why the criminal law rejects retrospective consent, but cannot explain why the law recognizes irrevocable prospective consent only in limited circumstances. I resolve this dilemma by explaining that Raz’s “autonomy is good” conception is consistent with both the criminal law’s limited recognition of irrevocable prospective consent and its total rejection of retrospective consent. This suggests the existing criminal law embodies Raz’s theory that it is the duty of the state to promote morality, in particular the moral good of individual well-being through living autonomously. In contrast, the criminal law’s treatment of consent would have to be modified if it were to reflect Mill’s “self-interest” conception, or Feinberg’s “sovereign autonomy” conception. (shrink)
Several presidents have created bioethics councils to advise their administrations on the importance, meaning and possible implementation or regulation of rapidly developing biomedical technologies. From 2001 to 2005, the President's Council on Bioethics, created by President George W. Bush, was under the leadership of Leon Kass. The Kass Council, as it was known, undertook what Adam Briggle describes as a more rich understanding of its task than that of previous councils. The council sought to understand what it means to advance (...) human flourishing at the intersection of philosophy, politics, science, and technology within a democratic society. Briggle's survey of the history of U.S. public bioethics and advisory bioethics commissions, followed by an analysis of what constitutes a "rich" bioethics, forms the first part of the book. The second part treats the Kass Council as a case study of a federal institution that offered public, ethical advice within a highly polarized context, with the attendant charges of inappropriate politicization and policy irrelevance. The conclusion synthesizes the author's findings into a story about the possible relationships between philosophy and policy making. "Adam Briggle has written a rich and sympathetic account of the President's Council on Bioethics led by Leon Kass. It puts in historical context the efforts of this council to move beyond the limited 'instrumentalist' approaches to bioethics taken by earlier commissions, toward a more philosophically serious effort to deliberate on the human goods put in play by modern biomedicine. In the process it answers many of the charges of politicization and corrects the record concerning the council's work." --_Francis Fukuyama, The Johns Hopkins School of Advanced International Studies_ "What an eloquent, humane, and wise book. Briggle discovers an imperfect yet fascinating effort to bring the world of biomedical research into the domain of public philosophy. His scholarship and generosity make clear that a democratic society need not be morally shackled to the realm of the possible that science is constantly expanding." --_Daniel Sarewitz, Consortium for Science, Policy, and Outcomes, Arizona State University _ "This is the most persuasive and thoughtful reconstruction of the Kass Council's goals and rationale that I have seen. Adam Briggle's account of the notion of a 'richer' bioethics is comprehensive an well-reasoned." --_Jonathan D. Moreno, University of Pennsylvania _ "Adam Briggle has written a fine book on a complex, controversial topic. He shows the wisdom of the approach to bioethics taken by the Kass Council, sets right the unfair and often nasty attacks on the council and Kass himself, and offers a perceptive and wide-ranging look at the terrain of ethics." --_Daniel Callahan, The Hastings Center _. (shrink)
This book explores the rich philosophical content of the writings of Jonathan Swift. It discusses these philosophical topics against their ideengeschichtliche background and demonstrates that Swift’s work offers starting points for philosophical reflection that are still topical today.
Conditional sentences are among the most intriguing and puzzling features of language, and analysis of their meaning and function has important implications for, and uses in, many areas of philosophy. Jonathan Bennett, one of the world's leading experts, distils many years' work and teaching into this Philosophical Guide to Conditionals, the fullest and most authoritative treatment of the subject. An ideal introduction for undergraduates with a philosophical grounding, it also offers a rich source of illumination and stimulation for graduate (...) students and professional philosophers. (shrink)
We have made huge progress in understanding the biology of mental illnesses, but comparatively little in interpreting them at the psychological level. The eminent philosopher Jonathan Glover believes that there is real hope of progress in the human interpretation of disordered minds. -/- The challenge is that the inner worlds of people with psychiatric disorders can seem strange, like alien landscapes, and this strangeness can deter attempts at understanding. Do people with disorders share enough psychology with other people to (...) make interpretation possible? To explore this question, Glover tackles the hard cases—the inner worlds of hospitalized violent criminals, of people with delusions, and of those diagnosed with autism or schizophrenia. Their first-person accounts offer glimpses of inner worlds behind apparently bizarre psychiatric conditions and allow us to begin to learn the “language” used to express psychiatric disturbance. Art by psychiatric patients, or by such complex figures as van Gogh and William Blake, give insight when interpreted from Glover’s unique perspective. He also draws on dark chapters in psychiatry’s past to show the importance of not medicalizing behavior that merely transgresses social norms. And finally, Glover suggests values, especially those linked with agency and identity, to guide how the boundaries of psychiatry should be drawn. -/- Seamlessly blending philosophy, science, literature, and art, Alien Landscapes? is both a sustained defense of humanistic psychological interpretation and a compelling example of the rich and generous approach to mental life for which it argues. (shrink)
From Odysseus' seduction by the song of the Sirens to Oscar Moore's 1991 novel A Matter of Life and Sex , whose protagonist courts death through sex and dies of AIDS, the frustrated relationship between death and desire has fixated the Western imagination. Philosophers have grappled with it and poets have told of its beauty and pain. In this strikingly original work, cultural critic Jonathan Dollimore once again demonstrates his remarkable ability to take on the complex and reveal its (...) relevance with eloquence and grace. Death, Desire and Loss in Western Culture is a rich testament to our ubiquitous preoccupation with the tangled web of death and desire. In these pages we find nuanced analysis that blends Plato with Shelley, Hölderlin with Foucault. Dollimore, a gifted thinker, is not content to summarize these texts from afar; instead, he weaves a thread through each to tell the magnificent story of the making of the modern individual. An immensely important book, Death, Desire and Loss in Western Culture is a challenge to the way we understand desire, sexuality, and the very notion of identity. (shrink)
This volume presents 27 essays on logic in ancient philosophy by Jonathan Barnes, one of the most admired philosophers of his generation. He explores the thought of Galen, Cicero, Aristotle, Epicurus, and Boethius, amongst others. This is the second volume of Barnes' Essays in Ancient Philosophy: a rich feast for students and scholars alike.
This volume presents 26 essays on method and metaphysics in ancient philosophy by Jonathan Barnes, one of the most admired and influential philosophers of his generation. Several of the essays appear here in English for the first time; others are substantially revised. This will be a rich feast for students and scholars of ancient philosophy.
In Contentious Rituals, Jonathan S. Blake focuses on Protestant parades in the streets of Northern Ireland and why people choose to participate in them. Drawing on rich interviews, survey data, and ethnographic observations, Blake presents a new look at the conflict in Northern Ireland and offers findings that illuminate contested symbols everywhere.
Jonathan Lowe argues that metaphysics should be restored to a central position in philosophy, as the most fundamental form of inquiry, whose findings underpin those of all other disciplines. He portrays metaphysics as charting the possibilities of existence, by identifying the categories of being and the relations between them. He sets out his own original metaphysical system, within which he seeks to answer many of the deepest questions in philosophy. 'a very rich book... deserves to be read carefully by (...) anyone interested in any of the many subjects he discusses.' Katherine Hawley, British Journal of the Philosophy of Science. (shrink)