The Covid‐19 pandemic has concentrated bioethics attention on the “lifeboat ethics” of rationing and fair allocation of scarce medical resources, such as testing, intensive care unit beds, and ventilators. This focus drives ethics resources away from persistent and systemic problems—in particular, the structural injustices that give rise to health disparities affecting disadvantaged communities of color. Bioethics, long allied with academic medicine and highly attentive to individual decision‐making, has largely neglected its responsibility to address these difficult “upstream” issues. It is time (...) to broaden our teaching, research, and practice to match the breadth of the field in order to help address these significant societal inequities and unmet health needs. (shrink)

In a recent article in The Journal of Clinical Ethics, David Wendler argues that worries about the therapeutic misconception (TM) are not only misconceived, but detract from the larger agenda of a proper informed consent for subjects involved in clinical research. By contrast, we argue that Wendler mischaracterizes those who support TM research, and that his arguments are fragmentary, often illogical, and neglect a critical difference between clinical care and clinical research. A clear explanation about the chief aim of research (...) is, in fact, what gives the other elements in a consent process their meaning. We argue that informed consent must be both trial-specific and context-sensitive, and that concern about the TM is needed now more than ever. (shrink)

The three important target articles make a strong case for regarding racism as a public health crisis. Each calls for advocacy by the bi...

Bioethics needs an expanded moral vision. It is now time for bioethics to take full account of the problems of health disparities and structural injustice that are made newly urgent by the COVID-19 pandemic and the effects of climate change. Nancy M. P. King, Gail E. Henderson, and Larry R. Churchill make the case for a more social understanding and application of justice, a deeper humility in assessing expertise in bioethics consulting, a broader and more relevant research agenda, (...) and greater appreciation of the profound health implications of global warming. (shrink)

Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.

In this article I defend what Mark Greenberg has labeled the standard picture of law against the attack on it by Greenberg and Scott Hershovitz. I point out that law on the standard picture’s conception of it has moral virtues that Greenberg's own moral impact theory and Hershovitz’s similar theory lack. Moreover, it avoids a vicious circularity that bedevils Greenberg’s theory.

This piece is a review essay on Victor Tadros’s The Ends of Harm. Tadros rejects retributive desert but believes punishment can be justified instrumentally without succumbing to the problems of thoroughgoing consequentialism and endorsing using people as means. He believes he can achieve these results through extension of the right of self-defense. I argue that Tadros fails in this endeavor: he has a defective account of the means principle; his rejection of desert leads to gross mismatches of punishment and culpability; (...) and he cannot account for punishment of inchoate crimes. (shrink)

Hickman situates Dewey’s critique of technological culture within the debates of 20th-century Western philosophy by engaging the work of Richard Rorty, Albert Borgmann, Jacques Ellul, Walter Benjamin, Jürgen Habermas, and Martin ...

Hierarchical Bayesian models (HBMs) provide an account of Bayesian inference in a hierarchically structured hypothesis space. Scientific theories are plausibly regarded as organized into hierarchies in many cases, with higher levels sometimes called ‘paradigms’ and lower levels encoding more specific or concrete hypotheses. Therefore, HBMs provide a useful model for scientific theory change, showing how higher‐level theory change may be driven by the impact of evidence on lower levels. HBMs capture features described in the Kuhnian tradition, particularly the idea that (...) higher‐level theories guide learning at lower levels. In addition, they help resolve certain issues for Bayesians, such as scientific preference for simplicity and the problem of new theories. *Received July 2009; revised October 2009. †To contact the authors, please write to: Leah Henderson, Massachusetts Institute of Technology, 77 Massachusetts Avenue, 32D‐808, Cambridge, MA 02139; e‐mail: [email protected]. (shrink)

In this short paper, I shall answer the title’s question first in the context of criminal law and then in the context of tort law. In that latter section, I shall also mention in passing contractual and other forms of civil liability that are strict, although they will not be my principal focus. My conclusions will be that strict liability is never proper as the basis for retributive punishment; that it is a very crude device for achieving deterrence through nonretributive (...) penalties; and that with respect to tort liability, it is best justified as a means of defining insurance categories. (shrink)

In this paper I argue that punishment should be proportional to desert; that desert turns solely on culpability and not on results: that culpability is a function of what the actor perceives are the risks of his act to others’ interests and the reasons he perceives that might justify, excuse, or aggravate taking those risks; that because culpability is a complex function, ordinally ranking acts in terms of culpability is quite difficult; that converting the ordinal ranking into cardinal measures of (...) deserved punishment must perforce be controversial; and that deserved punishment, which is deserved suffering, must somehow deal with the fact that the actor may have already suffered undeservedly. (shrink)

This is the second volume in a sub-series of specially commissioned collaborative volumes on key topics at the heart of contemporary philosophy of law that will be appearing regularly within Cambridge Studies in Philosophy and Law. A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as: why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one generation feel (...) bound by the constitution of an earlier one? The volume will be of particular importance to those in philosophy, law, political science and international relations interested in what kinds of constitutions should be adopted in countries without them, and involved in debates about constitutional interpretation. (shrink)

Leibniz viewed the principle of continuity, the principle that all natural changes are produced by degrees, as a useful heuristic for evaluating the truth of a theory. Since the Cartesian laws of motion entailed discontinuities in the natural order, Leibniz could safely reject it as a false theory. The principle of continuity has similar implications for analyses of Leibniz's theory of consciousness. I briefly survey the three main interpretations of Leibniz's theory of consciousness and argue that the standard account entails (...) a discontinuity that Leibniz could not allow. I argue that the principle of continuity and the textual data favor an interpretation according to which a conscious mental state just is a perception that is distinct to a sufficient degree. (shrink)

The hallmark of modern liberalism is its embrace of the Millian harm principle and its antipathy to legal moralism. In this article I consider whether aesthetic regulations can be justified under the harm principle as that principle has been elaborated by Joel Feinberg. I conclude that aesthetic and other regulations that most liberals regard as unproblematic are actually instances of legal moralism.

Are our rights—to our bodily integrity, to our possessions, to the goods and services promised us, and so on—matters of fact, or are our rights functions of others’ beliefs about how their acts will affect our rights? The conventional view states that subjective oughts—based on what we believe—determine culpability, whereas objective oughts—based on the facts—determine permissibility. After all, the idea that our beliefs about how our acts would affect others’ rights might affect the contours of those rights themselves appears deeply (...) paradoxical. For how can others’ rights be based on our beliefs when those beliefs have as their objects not themselves but others’ rights? Nonetheless, paradoxical as that position may appear, a strong case can be mounted in its defense, not by focusing on the rights themselves, but by focusing on the acts that imperil those rights. It is the burden of this essay to make a case for the belief-relativity rather than the fact-relativity of rights. (shrink)

Repositories of tissues, cell lines, blood samples, and other biological specimens are crucial to genomics, proteomics, and other emerging forms of biomedical research. Creation of these repositories by individual researchers and their affiliated organizations, commercial entities, and even governments has been labeled “biobanking” in the bioethics literature. Biobanking as a metaphor for the collection, transfer, and use of these specimens suggests a framework for the legal response to conflicts that may arise - one embedded in principles of contract law and (...) property ownership with an overlay of legislatively authorized regulation of the “industry.”. (shrink)

Cosmological ideas influenced every aspect of traditional Chinese culture, from science and medicine to art, philosophy, and religion. Although other premodern societies developed similar conceptions, in no other major civilization were such ideas so pervasive or powerful. In The Development and Decline of Chinese Cosmology, John Henderson traces the evolution of Chinese thought on cosmic order from the classical era to the nineteenth century. Unlike many standard studies of premodern cosmologies, this book analyzes the origins, development, and rejection of (...) these models, not just their structure. Moreover, while historians often limit their studies of cosmic order to specialized fields like the history of science, Henderson examines how the cosmological ideas formulated in late classical times permeated various facets of Chinese life, from high philosophy to popular culture. (shrink)

El artículo aborda de modo breve la extensa producción epistemológica y metodológica de Hugo Zemelman. El esfuerzo está centrado en mostrar su potencialidad no como reemplazo de un modo aceptado de hacer investigación científica, sino más bien en valorizar una forma diferente de hacer el recorte del campo de observación y posterior intervención en el mismo. A partir de este objetivo, se revisan categorías relevantes de la propuesta, procurando conformar un “corpus” de conocimiento coherente y pertinente a los fines de (...) comprender el planteo que realiza el autor estudiado.The article briefly summarizes the extensive epistemological and methodological production of Hugo Zemelman. The effort shows its potentiality not as a replacement of an accepted mode of scientific research, but in give value to a different form to make the frame of the observation field and later its intervention. Later, I review his main categories, trying to create a coherent and pertinent ‘corpus’ of knowledge in order to comprehend the proposal from the author. (shrink)

In addition to being one of the greatest technical philosophers of the twentieth century, John Dewey was an educational innovator, a Progressive Era reformer, and one of America’s last great public intellectuals. Dewey’s insights into the problems of public education, immigration, the prospects for democratic government, and the relation of religious faith to science are as fresh today as when they were first published. His penetrating treatments of the nature and function of philosophy, the ethical and aesthetic dimensions of life, (...) and the role of inquiry in human experience are of increasing relevance at the turn of the 21st century. Based on the award-winning 37-volume critical edition of Dewey’s work, The Essential Dewey presents for the first time a collection of Dewey’s writings that is both manageable and comprehensive. The volume includes essays and book chapters that exhibit Dewey’s intellectual development over time; the selection represents his mature thinking on every major issue to which he turned his attention. Eleven part divisions cover: Dewey in Context; Reconstructing Philosophy; Evolutionary Naturalism; Pragmatic Metaphysics; Habit, Conduct, and Language; Meaning, Truth, and Inquiry; Valuation and Ethics; The Aims of Education; The Individual, the Community, and Democracy; Pragmatism and Culture: Science and Technology, Art and Religion; and Interpretations and Critiques. Taken as a whole, this collection provides unique access to Dewey’s understanding of the problems and prospects of human existence and of the philosophical enterprise. (shrink)

This pathbreaking collection of thirteen original essays examines the moral rights of the subjects of documentary film, photography, and television.

We propose an approach to epistemic justification that incorporates elements of both reliabilism and evidentialism, while also transforming these elements in significant ways. After briefly describing and motivating the non-standard version of reliabilism that Henderson and Horgan call “transglobal” reliabilism, we harness some of Henderson and Horgan’s conceptual machinery to provide a non-reliabilist account of propositional justification (i.e., evidential support). We then invoke this account, together with the notion of a transglobally reliable belief-forming process, to give an account (...) of doxastic justification. (shrink)

This title presents not two, but three questions. The third question, the one that lies behind and is obscured by the two more obvious ones, concerns the nature of American philosophy. What qualifies as “American” philosophy? Is it, as some have suggested, philosophy as it is practiced in any of the Americas – North, Central, or South? Or is it perhaps philosophy as it is pursued by practitioners living in North America, or even in a more restricted sense, by practitioners (...) living in the Unite... (shrink)

This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

This chapter contains sections titled: What Are Constitutions? What Functions Do Constitutions Perform? Are Constitutions Desirable? References.

Precedents are judicial decisions that form the bases of further judicial decisions by constraining those decisions. There are two aspects to the constraints exerted by precedent decisions: the scope of the constraint and the strength of the constraint. The scope refers to the range of decisions that are affected by the precedent. The strength refers to the conditions under which a court can escape being bound by the precedent. Models of precedential scope are discussed and evaluated, and the question of (...) strength is analyzed.Resumen:Los precedentes son decisiones judiciales que constituyen la base de decisiones judiciales posteriores, al vincularlas. Hay dos aspectos de la vinculación ejercida por las decisiones de precedente: el alcance de la vinculación y la fuerza de la vinculación. El alcance se refiere al rango de decisiones que se ven afectadas por el precedente. La fuerza se refiere a las condiciones bajo las cuales un tribunal obligado por el precedente puede ignorarlo. En este artículo se discuten y evalúan algunos modelos del alcance del precedente y se analiza la cuestión de su fuerza. (shrink)

This chapter contains sections titled: The Scope of Precedential Constraint The Strength of Precedential Constraint References.

This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are (...) authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence. (shrink)