How do therapists learn to manage sexual feelings in the therapeutic relationship in an ethical, responsible manner? Data from 293 university-based psychotherapists show that the minority who report that their training prepared them to do so "very well" were more likely to have received "content-specific" training related to the topic or an opportunity to explore themselves as sexual beings, or both. In addition, they had experience with supervisors who modeled the belief that sexual feelings are a normal, expected part of (...) any human relationship and must be anticipated and planned for by therapists. (shrink)

While the rule of law is surely a very important good, the familiar discussions found in the literature lead many to conclude that it is either a relatively trivial political ideal, or else a redundant one. What is needed is a new and persuasive defense of the rule of law that properly reflects its great significance for human well being. An important step towards building such an argument is to question a widely-shared but often unnoticed assumption that the rule of (...) law should be understood as a virtue of legal systems. The path is then cleared for a republican argument built on two theses: first, the thought that an ideal society would be one in which no one is the master of anyone else, and second, the thought that our freedom from domination is not natural or pre-institutional. (shrink)

In four new and nine previously published essays, Joseph Heath provides a compelling new framework for thinking about the moral obligations of economic actors. The "market failures" approach to business ethics that he develops provides the basis for a unified theory of business ethics, corporate law, economic regulation, and the welfare state.

In most liberal democracies for example, the central bank is as independent as the supreme court, yet deals with a wide range of economic, social, and political issues. How do these public servants make these policy decisions? What normative principles inform their judgments? In The Machinery of Government, Joseph Heath attempts to answer these questions. He looks to the actual practice of public administration to see how normative questions are addressed. More broadly, he attempts to provide the outlines of (...) a "philosophy of the executive" by taking seriously the claim to political authority of the most neglected of the three branches of the state. (shrink)

In contemporary philosophical debates in the United States "redefining pragmatism" has become the conventional way to flag significant philosophical contests and to launch large conceptual and programmatic changes. This book analyzes the contributions of such developments in light of the classic formulations of Charles S. Peirce and John Dewey and the interaction between pragmatism and analytic philosophy. American pragmatism was revived quite unexpectedly in the 1970s by Richard Rorty's philosophical heterodoxy and his running dispute with Hilary Putnam, who, like Rorty, (...) is a professed Deweyan. Reinventing Pragmatism examines the force of the new pragmatisms, from the emergence of Rorty's and Putnam's basic disagreements of the 1970s until the turn of the century. Joseph Margolis considers the revival of a movement generally thought to have ended by the 1950s as both a surprise and a turn of great importance. The quarrel between Rorty and Putnam obliged American philosophers, and eventually Eurocentric philosophy as a whole, to reconsider the direction of American and European philosophy, for instance in terms of competing accounts of realism and naturalism. (shrink)

"Although the task of formulating an appropriate policy response to the problem of anthropogenic climate change is one that raises a number of very difficult normative issues, environmental ethicists have not played an influential role in government deliberations. This is primarily due to their rejection of many of the assumptions that structure the debates over policy. This book offers a philosophical defense of these assumptions, in order to overcome the major conceptual barriers to the participation of philosophers in these debates. (...) There are five important barriers: First, the policy debate presupposes a stance of liberal neutrality, as a result of which it does not privilege any particular set of environmental values over other concerns. Second, it assumes ongoing economic growth, along with a commitment to what is sometimes called a weak sustainability framework when analyzing the value of the bequest being made to future generations. Third, it treats climate change as fundamentally a collective action problem, not an issue of distributive justice. Fourth, there is the acceptance of cost-benefit analysis, or more precisely, the view that a carbon pricing regime should be guided by our best estimate of the social cost of carbon. And finally, there is the view that when this calculation is undertaken, it is permissible to discount costs and benefits, depending on how far removed they are from the present. This book attempts to make explicit and defend these presuppositions, and in so doing offer philosophical foundations for the debate over climate change policy"--. (shrink)

One of the most influential ideas in the field of business ethics has been the suggestion that ethical conduct in a business contextshould be analyzed in terms of a set of fiduciary obligations toward various “stakeholder” groups. Moral problems, according to this view, involve reconciling such obligations in cases where stakeholder groups have conflicting interests. The question posed in this paper is whether the stakeholder paradigm represents the most fruitful way of articulating the moral problems that arise in business. By (...) way of contrast, I outline two other possible approaches to business ethics: one, a more minimal conception, anchored in the notion of a fiduciary obligation toward shareholders; and the other, a broader conception, focused on the concept of market failure. I then argue that the latter offers a more satisfactory framework for the articulation of the social responsibilities of business. (shrink)

Introduction -- Instrumental rationality -- Social order -- Deontic constraint -- Intentional states -- Preference noncognitivism -- A naturalistic perspective -- Transcendental necessity -- Weakness of will -- Normative ethics.

There is an idea, extremely common among social contract theorists, that the primary function of social institutions is to secure some form of cooperative benefit. If individuals simply seek to satisfy their own preferences in a narrowly instrumental fashion, they will find themselves embroiled in collective action problems – interactions with an outcome that is worse for everyone involved than some other possible outcome. Thus they have reason to accept some form of constraint over their conduct, in order to achieve (...) this superior, but out-of-equilibrium outcome. A social institution can be defined as a set of norms that codify these constraints.1 Simplifying somewhat, one can then say that social institutions exist in order to secure gains in Pareto-efficiency. (shrink)

(1968 [1922]). It amounts to the claim that social phenomena must be explained by showing how they result from individual actions, which in turn must be explained through reference to the intentional states that motivate the individual actors. It involves, in other words, a commitment to the primacy of what Talcott Parsons would later call “the action frame of reference” (Parsons 1937: 43-51) in social-scientific explanation. It is also sometimes described as the claim that explanations of “macro” social phenomena must (...) be supplied with “micro” foundations, ones that specify an action-theoretic mechanism (Alexander, 1987). (shrink)

False belief tasks have enjoyed a monopoly in the research on children’s development of a theory of mind. They have been granted this status because they promise to deliver an unambiguous assessment of children’s understanding of the representational nature of mental states. Their poor cousins, true belief tasks, have been relegated to occasional service as control tasks. That this is their only role has been due to the universal assumption that correct answers on true belief tasks are inherently ambiguous regarding (...) the level of the child’s understanding of mental states. It has also been due to the universal assumption that nothing in the child’s developing theory of mind would lead to systematically incorrect answers on true belief tasks. We review new findings that 4- and 5-year-olds do err, systematically and profoundly, on the true belief versions of all the extant belief tasks. This reveals an intermediate level of understanding in the development of children’s theory of mind. Researchers have been unaware of this intermediate level because it produces correct answers in false belief tasks. A simple two-task battery—one true belief task and one false belief task—is sufficient to remove the ambiguity from each task. The new findings show that children do not acquire an understanding of beliefs, and hence a representational theory of mind, until after 6 years of age, or 2 years later than most developmental psychologists have concluded. This raises the question of how to interpret other new findings that infants are able to pass false belief tasks. We review these new infant studies, as well as recent studies on chimpanzees, in light of older children’s failure on true belief tasks, and end with some speculation about how all of these new findings might be reconciled. (shrink)

The use of agency theory remains highly controversial among business ethicists. While some regard it as an essential tool for analyzing and understanding the recent spate of corporate ethics scandals, others argue that these scandals might not even have occurred had it not been for the widespread teaching of agency theory in business schools. This paper presents a qualified defense of agency theory against these charges, first by identifying the theoretical commitments that are essential to the theory (in order to (...) distinguish between agency theory itself and certain incorrect interpretations that have been widely promulgated), and second, by specifying more clearly the different ways that agency theory can be used to analyze relations within the firm. The recommendation that follows from this analysis is that agency theory be used as a critical-diagnostic tool, to identify the points at which both firms and markets will be vulnerable to breakdown in the absence of moral constraint. (shrink)

We present two experiments that cast doubt on existing evidence suggesting that it is impossible to suspend belief in a comprehended proposition. In Experiment 1, we found that interrupting the encoding of a statement's veracity decreased memory for the statement's falsity when the false version of the statement was uninformative, but not when the false version was informative. This suggests that statements that are informative when false are not represented as if they were true. In Experiment 2, participants made faster (...) lexical decisions to words implied by preceding statements when they were told that the statements were true than when the veracity of the statements was unknown or when the statements were false. The findings suggest that comprehending a statement may not require believing it, and that it may be possible to suspend belief in comprehended propositions. (shrink)

What experimental game theorists may have demonstrated is not that people are systematically irrational but that human rationality is heavily scaffolded. Remove the scaffolding, and we do not do very well. People are able to get on because they “offload” an enormous amount of practical reasoning onto their environment. As a result, when they are put in novel or unfamiliar environments, they perform very poorly, even on apparently simple tasks. -/- This observation is supported by recent empirically informed shifts in (...) philosophy of mind toward a view of cognition as (to cite the current slogan) “embodied, embedded, enactive, extended.” Andy Clark and others have made a very plausible case for the idea that a proper assessment of human cognitive competence must include environmental components. To limit our attention to what lies within the skin-skull boundary is, in effect, to miss the big story on human rationality. Insofar as we are rational, it is often because of our ingenuity at developing “work-arounds” to the glitches in the fast-and-frugal heuristic problem-solving capabilities that natural selection has equipped us with. And these work-arounds often involve a detour through the environment (so-called offloading of cognitive burdens). -/- When it comes to practical rationality, things are no different. Yet in many discussions of “the will,” there is still a tendency to put too much emphasis on what goes on inside the agent’s head. Our objective in this chapter is to articulate this conception of “the extended will” more clearly, using the strategies that people employ to overcome procrastination for the central set of examples. Procrastination, in our view, constitutes a particular type of self-control problem, one that is particularly amenable to philosophical reflection, not only because of the high volume of psychological research on the subject but also because of the large quantity of “self-help” literature in circulationa literature that provides an invaluable perspective on the everyday strategies that people use in order to defeat (or, better yet, circumvent) this type of self-defeating behavior pattern. In general, what we find is that the internalist bias that permeates discussions of the will gives rise to a set of practical recommendations that overemphasize changing the way one thinks about a task, while ignoring the much richer set of strategies that are available in the realm of environmental scaffolding. In the concluding section, we highlight some of the policy implications of this, particularly regarding social trends involving the dismantling of support structures. (shrink)

Joseph Agassi is a critic, a gadfly, a debunker and deflater; he is also a constructor, a speculator and an imaginative scholaro In the history and philosophy of science, he has been Peck's bad boy, delighting in sharp and pungent criticism, relishing directness and simplicity, and enjoying it all enormously. As one of that small group of Popper's students (ineluding Bartley, Feyerabend and Lakatos) who took Popper seriously enough to criticize him, Agassi remained his own man, holding Popper's work (...) itself to the criteria of critical refutation. Agassi's range is wide and his publications proliik. He has published serious studies in the historiography of science, applied sociology (on Hong Kong with LC. Jarvie), foundations of anthropology, interpretive scientific biography (Faraday), Judaic studies, philosophy of technology (which Agassi pioneered, particulady in distinguishing it from the philosophy of science), as weIl as the many works on the Iogic, methodoI­ ogy, and history of science. Even as we go to press, Agassi's works are appearing; we append an imperfect and selected bibliography. For Agassi, the test of relevance is whether something is interesting. (shrink)

Within any adversarial rule-governed system, it often takes time for strategically motivated agents to discover effective exploits. Once discovered, these strategies will soon be copied by all other participants. Unless it is possible to adjust the rules to preclude them, the result will be a degradation of the performance of the system. This is essentially what has happened to public political discourse in democratic states. Political actors have discovered, not just that the norm of truth can be violated in specific (...) ways, but that many of the norms governing rational deliberation can also be violated, not just without penalty, but often for significant political gain. As a result, the level of noise has come to drown out the signal. The post-truth political condition is the cumulative result of innovations developed by actors who adopt an essentially strategic orientation toward political communications. (shrink)

Journal of Political Philosophy, EarlyView.

This book analyses tensions that arise between the principles of social justice and the need for cooperation to advance collective goals.

Critical response to John Rawls's The Law of Peopleshas been surprisingly harsh) Most of the complaints centre on Rawls's claim that there are no obligations of distributive justice among nations. Many of Rawls's critics evidently had been hoping for a global application of the difference principle, so that wealthier nations would be bound to assign lexical priority to the development of the poorest nations, or perhaps the primary goods endowment of the poorest citizens of any nation. Their subsequent disappointment reveals (...) that, while the reception of Rawls's political philosophy has been very broad, it has not been especially deep. Rawls has very good reason for denying that there are obligations of distributive justice in an international context. (shrink)

In this article I argue that the conception of discourse ethics that Jürgen Habermas advances in his seminar paper, ‘Discourse Ethics: Notes on a Program of Philosophical Justification’, is subject to significant revision in later work. The central difference has to do with the status of the universalization principle and its relationship to the ‘rightness’ validity claim. The earlier view is structured by a desire to provide a weak-transcendental defense of the universalization principle. The later revision, however, essentially undercuts the (...) basis of this argument, because it severs the conception of practical discourse from the analysis of speech acts. As a way of responding to the difficulties this creates, I propose a ‘reboot’ of the discourse ethics program. This involves reverting to the earlier, more Durkheimian and less Kantian, formulation of the theory. The result is a program that is no longer encumbered by sterile debates about the correct formulation of the universalization principle, but can plausibly claim to provide insight into the role that language-dependence plays in the development and entrenchment of increasingly pro-social behavior patterns within our institutions. (shrink)

The deeply entrenched, sometimes heated conflict between the disability movement and the profession of bioethics is well known and well documented. Critiques of prenatal diagnosis and selective abortion are probably the most salient and most sophisticated of disability studies scholars’ engagements with bioethics, but there are many other topics over which disability activists and scholars have encountered the field of bioethics in an adversarial way, including health care rationing, growth-attenuation interventions, assisted reproduction technology, and physician-assisted suicide. -/- The tension between (...) the analyses of the disabilities studies scholars and mainstream bioethics is not merely a conflict between two insular political groups, however; it is, rather, also an encounter between those who have experienced disability and those who have not. This paper explores that idea. I maintain that it is a mistake to think of this conflict as arising just from a difference in ideology or political commitments because it represents a much deeper difference—one rooted in variations in how human beings perceive and reason about moral problems. These are what I will refer to as variations of moral psychology. The lived experiences of disability produce variations in moral psychology that are at the heart of the moral conflict between the disability movement and mainstream bioethics. I will illustrate this point by exploring how the disability movement and mainstream bioethics come into conflict when perceiving and analyzing the moral problem of physician-assisted suicide via the lens of the principle of respect for autonomy. To reconcile its contemporary and historical conflict with the disability movement, the field of bioethics must engage with and fully consider the two groups’ differences in moral perception and reasoning, not just the explicit moral and political arguments of the disability movement. (shrink)

While engaging in rich discussion, Conspiracy Theories analyzes current arguments and evidence while providing real-world examples so students can contextualize and visualize the debates. Each chapter addresses important current questions, provides conceptual tools, defines important terms, and introduces the appropriate methods of analysis.

It may seem obvious that causing disability in another person is morally problematic in a way that removing or preventing a disability is not. This suggests that there is a moral asymmetry between causing disability and causing non-disability. This chapter investigates whether there are any differences between these two types of actions that might explain the existence of a general moral asymmetry. After setting aside the possibility that having a disability is almost always bad or harmful for a person (a (...) view that we have critiqued at length elsewhere), seven putative differences are considered. Ultimately, it is concluded that none of these seven factors can ground a general moral asymmetry between causing disability and causing non-disability, though each factor can provide some moral reason to avoid causing disability in certain particular cases. (shrink)

Authority is one of the key issues in political studies, for the question of by what right one person or several persons govern others is at the very root of political activity. In selecting key readings for this volume Joseph Raz concerns himself primarily with the moral aspect of political authority, choosing pieces that examine its justification, determine who is subject to it and who is entitled to hold it, and whether there are any general moral limits to it. (...) The readings-by such modern political thinkeres as Robert Paul Wolff, H. L. A. Hart, G. E. M. Anscombe, and Ronald Dworkin-examine the basic moral issues and provide an essential introduction to the debate about the nature of authority for all students of political theory. (shrink)

Ronald Dworkin’s argument for resource egalitarianism has as its centerpiece a thought experiment involving a group of shipwreck survivors washed ashore on an uninhabited island, who decide to divide up all of the resources on the island equally using a competitive auction. Unfortunately, Dworkin misunderstands how the auction mechanism works, and so misinterprets its significance for egalitarian political philosophy. First, he makes it seem as though there is a conceptual connection between the ‘envy-freeness’ standard and the auction, when in fact (...) there is none. Second, he fails to appreciate how idealized the conditions are that must be satisfied in order for his results to obtain. This leads him to draw practical conclusions from the thought experiment that do not follow, such as his claim that the principle of equality generates a presumption in favor of the market as a mechanism for the distribution of resources. The result is that Dworkin saddles resource egalitarianism with a set of commitments that are, in fact, inessential to that view. (shrink)

The term “political” egalitarianism is used here, not to refer to equality within the political sphere, but rather in John Rawls’s sense, to refer to a conception of egalitarian distributive justice that is capable of serving as the object of an overlapping consensus in a pluralistic society.1 Thus “political” egalitarianism is political in the same way that Rawls’s “political” liberalism is political. The central task when it comes to developing such a conception of equality is to determine what constraints a (...) principle of equality must satisfy in order to qualify as “freestanding,” or to be justifiable in a way that does not presuppose the correctness of any one member of the set of reasonable yet incompatible “religious, philosophical and moral” doctrines that attract large numbers of adherents in our world.2 (Rawls uses the analogy of a “module” in order to describe the way that a properly political conception of justice “fits into and can be supported by various reasonable comprehensive doctrines that endure in the society regulated by it.”3 Political egalitarianism would be “modular” in this sense.) Rather than getting embroiled in the controversies that have arisen over Rawls’s formulation of this idea, I would like simply to accept the intuition, widespread among political philosophers, that equality is the sort of principle that – if given a proper formulation – could satisfy the requirements of a political conception of justice. After all, regardless of what peoples’ projects, values, or conceptions of the good life may be, it should be possible to design a set of arrangements that would provide equal opportunity to pursue these goals, or that would treat each conception of the good with equal respect, etc. From this perspective, the principle of equality resembles the principle of Pareto-efficiency, or certain formulations of the principle of liberty – it is one that everyone should be able to endorse, insofar as it does not privilege, or presuppose the correctness of, any particular set of projects, values.. (shrink)

Disability activists have sometimes claimed their disability has actually increased their well-being. Some even say they would reject a cure to keep these gains. Yet, these same activists often simultaneously propose improvements to the quality and accessibility of assistive technology. However, for any argument favoring assistive over curative technology to work, there must be a coherent distinction between the two. This line is already vague and will become even less clear with the emergence of novel technologies. This paper asks and (...) tries to answer the question: what is it about the paradigmatic examples of curative and assistive technologies that make them paradigmatic and how can these defining features help us clarify the hard cases? This analysis will begin with an argument that, while the common views of this distinction adequately explain the paradigmatic cases, they fail to accurately pick out the relevant features of those technologies that make them paradigmatic and to provide adequate guidance for parsing the hard cases. Instead, it will be claimed that these categories of curative or assistive technologies are defined by the role the technologies play in establishing a person’s relational narrative identity as a member of one of two social groups: disabled people or non-disabled people. (shrink)

Joseph Margolis, known for his considerable contributions to the philosophy of art and aesthetics, pragmatism, and American philosophy, has focused primarily on the troublesome concepts of culture, history, language, agency, art, interpretation, and the human person or self. For Margolis, the signal problem has always been the same: how can we distinguish between physical nature and human culture? How do these realms relate? _The Cultural Space of the Arts and the Infelicities of Reductionism_ identifies a conceptual tendency that can (...) be drawn from the work of the twentieth century's best-known analytic philosophers of art: Arthur Danto, Richard Wollheim, Kendall Walton, Nelson Goodman, Monroe Beardsley, Noël Carroll, and Jerrold Levinson, among others. This trend threatens to impoverish our grasp and appreciation of the arts by failing to do justice to the culturally informed nature of the arts themselves. Through his analysis, Margolis sets out to retrieve an adequate picture of the essential differences between physical nature and human culture—particularly through language, history, meaning, significance, the emergence of the human self or person, and the essential features of human life—all to explain how such difference bears on our perception of paintings and literature. Clearly argued and provocatively engaging, Margolis's work reestablishes what is essential to a productive encounter with art. (shrink)

A defining characteristic of Alzheimer’s disease is difficulty in retrieving semantic memories, or memories encoding facts and knowledge. While it has been suggested that this impairment is caused by a degradation of the semantic store, the precise ways in which the semantic store is degraded are not well understood. Using a longitudinal corpus of semantic fluency data, we derive semantic network representations of patients with Alzheimer’s disease and of healthy controls. We contrast our network-based approach with analyzing fluency data with (...) the standard method of counting the total number of items and perseverations in fluency data. We find that the networks of Alzheimer’s patients are more connected and that those connections are more randomly distributed than the connections in networks of healthy individuals. These results suggest that the semantic memory impairment of Alzheimer’s patients can be modeled through the inclusion of spurious associations between unrelated concepts in the semantic store. We also find that information from our network analysis of fluency data improves prediction of patient diagnosis compared to traditional measures of the semantic fluency task. (shrink)

A notable feature of recent philosophical work on climate ethics is that it makes practically no reference to ‘traditional’ environmental philosophy. There is some irony in this, since environmental ethics arose as part of a broader movement within philosophy, starting in the 1960s, aimed at developing different fields of applied philosophy, in order to show how everyday practice could be enriched through philosophical reflection and analysis. The major goal of this paper is to explain why this branch of practical ethics (...) has, for the most part, failed the test of practicability when it comes to formulating a response to global climate change. The central problem is that debates in environmental philosophy became absorbed by a set of metaphysical questions about the nature of value. The result has been a field dominated by views that provide unsuitable foundations for the development of public policy. (shrink)

Lockean accounts of personhood propose that an individual is a person just in case that individual is characterized by some advanced cognitive capacity. On these accounts, human beings with severe cognitive impairment are not persons. Some accept this result—I do not. In this paper, I therefore advance and defend an account of personhood that secures personhood for human beings who are cognitively impaired. On the account for which I argue, an individual is a person just in case that individual belongs (...) to a natural kind that is normally characterized by advanced cognitive capacities. Since “human being” is just such a natural kind, individual human beings can be persons even when they do not themselves have advanced cognitive capacities. I argue, furthermore, that we have good reason to accept this account of personhood over rival accounts since it is uniquely able to accommodate the intuitive concept of an impaired person. (shrink)

While there had been much radical thought before John Stuart Mill, Joseph Persky argues it was Mill, as he moved to the left, who provided the radical wing of liberalism with its first serious analytical foundation, a political economy of progress that still echoes today. A rereading of Mill's mature work suggests his theoretical understanding of accumulation led him to see laissez-faire capitalism as a transitional system. Deeply committed to the egalitarian precepts of the Enlightenment, Mill advocated gradualism and (...) rejected revolutionary expropriation on utilitarian grounds: gradualism, not expropriation, promised meaningful long-term gains for the working classes. He endorsed laissez-faire capitalism because his theory of accumulation saw that system approaching a stationary state characterized by a great reduction in inequality and an expansion of cooperative production. These tendencies, in combination with an aggressive reform agenda made possible by the extension of the franchise, promised to provide a material base for social progress and individual development.The Political Economy of Progress goes on to claim that Mill's radical political economy anticipated more than a little of Marx's analysis of capitalism and laid a foundation for the work of Fabians and other gradualist radicals in the 20th century. More recently, modern philosophic radicals, such as Rawls, have deep links to this Millean political economy. These links are still worthy of development. In particular, a politically meaningful acceptance of Rawls's radical liberalism waits on a movement capable of re-engineering the workplace in a manner consistent with Mill's endorsement of worker management. (shrink)

In this paper, I would like to discuss two recent attempts to incorporate groupdifferentiated rights and entitlements into a broadly liberal conception of distributive justice. The first is John Roemer’s “pragmatic theory of responsibility,” and the second is Will Kymlicka’s defense of minority rights in “multinational” states.1 Both arguments try to show that egalitarianism, far from requiring a “color-blind” system of institutions and laws that is insensitive to ethnic, linguistic or subcultural differences, may in fact mandate special types of rights, (...) entitlements, or compensatory arrangements for members of minority groups. These proposals are attractive because they attempt to ground these special rights without reference to controversial philosophical doctrines, but merely through appeal to the widely accepted political norm of equality. Furthermore, if either of these arguments were to succeed, it would allow liberals to avoid many of the difficulties that have often led proponents of “the politics of difference” or the “politics of recognition” to adopt an oppositional stance toward more traditional forms of liberalism.2.. (shrink)

In early 2017, Nevada amended its Uniform Determination of Death Act, in order to clarify the neurologic criteria for the determination of death. The amendments stipulate that a determination of death is a clinical decision that does not require familial consent and that the appropriate standard for determining neurologic death is the American Academy of Neurology’s guidelines. Once a physician makes such a determination of death, the Nevada amendments require the withdrawal of life-sustaining treatment within twenty-four hours with limited exceptions. (...) Neurologists have generally supported Nevada’s amendments for clarifying the diagnostic standard and limiting the ability of family members to challenge it. However, it is more appropriate to view the Nevada amendments with concern. Even though the primary purpose of the UDDA is to ensure that all functions of a person’s entire brain have ceased, the AAN guidelines do not accurately assess this. In addition, by characterizing the determination of death as solely a clinical decision, the Nevada legislature has improperly ignored the doctrine of informed consent, as well as the beliefs of particular faiths and cultures that reject brain death. Rather than resolving controversies regarding brain death determinations, the Nevada amendments may instead instigate numerous constitutional challenges. (shrink)

Privatization of state services has been a flashpoint for political conflict over the past several decades. The goal of this paper is to explain why someone who is a supporter of the welfare state might also support the privatization of certain state services, in certain cases. Recent philosophical literature has focused on the most problematic privatization initiatives, especially the introduction of private prisons and military contractors. As a counterpoint, this paper describes a set of anodyne privatizations, understood as privatizations that (...) no reasonable person could object to. The key step in this analysis involves showing that privatization is not a unitary phenomenon. There are different types of privatization, different degrees of privatization, and also different motives for privatization. There are also important normative differences between these initiatives, which might lead a reasonable person to support some but not others. (shrink)