Although the concept of dignity is commonly invoked in clinical care, there is not widespread agreement—in either the academic literature or in everyday clinical conversations—about what dignity means. Without a framework for understanding dignity, it is difficult to determine what threatens patients’ dignity and, conversely, how to honor commitments to protect and promote it. This article aims to change that by offering the first conceptual model of dignity for patients in the intensive care unit. The conceptual model we present is (...) based on the notion that there are three sources of patients’ dignity—their shared humanity, personal narratives, and autonomy—each of which independently warrants respect. The article describes each source of dignity and draws on examples to illustrate how clinician attitudes, actions, and behaviors can either contribute to, or detract from, expressions of respect for patient dignity. (shrink)

U.S. researchers and scholars often point to two legal factors as significant obstacles to the inclusion of pregnant women in clinical research: the Department of Health and Human Services’ regulatory limitations specific to pregnant women's research participation and the fear of liability for potential harm to children born following a pregnant woman's research participation. This article offers a more nuanced view of the potential legal complexities that can impede research with pregnant women than has previously been reflected in the literature. (...) It reveals new insights into the role of legal professionals throughout the research pathway, from product conception to market, and it highlights a variety of legal factors influencing decision-making that may slow or halt research involving pregnant women. Our conclusion is that closing the evidence gap created by the underrepresentation and exclusion of pregnant women in research will require targeted attention to the role of legal professionals and the legal factors that influence their decisions. (shrink)

Leslie’s doomsday argument purports to show that the likelihood of the human race perishing soon is greater than we think. The probability we attach to it, based on our estimate of the chance of various calamities which might bring extinction about (a nuclear holocaust, an ecological disaster, etc.), should be adjusted as follows. If the human race were to survive for a long time, we, livingnow, would be atypical. So our living now increases the probability that the human race (...) will end shortly. In this paper, I criticize some attempts to rebut the argument, and present my own. To facilitate the analysis, I consider a structurally similar problem, the “ShootingRoom.”. (shrink)

The main conclusion drawn in this text is that Piaget's accounts of the construction of necessary knowledge continue to have an intelligible and respectable bases.

This book attempts to answer two questions: Are alternatives for choice ever incomparable? and In what ways can items be compared? The arguments offered suggest that alternatives for choice no matter how different are never incomparable, and that the ways in which items can be compared are richer and more varied than commonly supposed.

Contributors are Susan Bordo, Stanley Clarke, Erica Harth, Leslie Heywood, Luce Irigaray, Genevieve Lloyd, Mario Moussa, Eileen O'Neill, Adrianna Paliyenko, Ruth Perry, Mario Sáenz, Karl Stern, Thomas Wartenberg, and James Winders.

Talk of powers is muddled. Building upon Powers and capacities in philosophy: The new aristotelianism, Routledge, London, 2012a, pp 207–227), I disambiguate four senses of the term: powers construed as activity, as capacity/potentiality, as essence and as necessity, respectively, in an attempt to clarify what it is that realists about causal powers take themselves to be realists about.

International codes of ethics play an important role in guiding professional practice in developing countries. In the occupational health setting, codes developing by international agencies have substantial import on protecting working populations from harm. This is particularly so under globalisation which has transformed processes of production in fundamental ways across the globe. As part of the process of revising the Ethical Code of the International Commission on Occupational Health, an African Working Group addressed key challenges for the relevance and cogency (...) of an ethical code in occupational health for an African context through an iterative consultative process. (shrink)

Testing is an effective learning method, and it is the basis of mobile quiz apps. Quiz apps have the potential to facilitate remote and self-regulated learning. In this context, automatized feedback plays a crucial role. In two experimental studies, we examined the effects of two feedback types of quiz apps on performance, namely, the standard corrective feedback of quiz apps and a feedback that incorporates additional information related to the correct response option. We realized a controlled lab setting (n= 68, (...) Study 1) and an unsupervised mobile setting (n= 150, Study 2). In the learning phase, participants used the quiz app and received feedback. They also completed a subsequent test as well as a follow-up test 1 week later by using the same quiz app. Irrespective of feedback type and setting, cognitive outcomes (quiz scores) and metacognitive outcomes (response certainty) increased similarly in the short term and long term. Feedback effects were not moderated by participants' overall response certainty during learning, their prior knowledge, and the difficulty of quiz items. Moreover, we found that participants perceived the quiz app to be similarly attractive, interesting, and enjoyable in both feedback conditions and that they spent slightly more time to process quiz items in the lab setting. We discuss these results in detail, including the role of moderating and mediating factors and prospects for further research and practice. Overall, our results underline that quiz apps are useful and effective tools that can support the acquisition and retention of semantic knowledge in different learning settings. (shrink)

A large literature has grown up around the proposed use of 'weak measurements' to allegedly provide information about hidden ontological features of quantum systems. This paper attempts to clarify the fact that 'weak measurements' are simply strong measurements on one member of an entangled pair, and that all such measurements thus effect complete disentanglement of the pair. The only thing 'weak' about them is that the correlation established via the entanglement does not correspond to eigenstates of the 'weakly measured observable' (...) for the component system that is subject to the weak measurement. It is observed that complete disentanglement always occurs, whether post-­‐selection is performed before or after the pointer detection. Assertions in the literature that weak measurements leave a system negligibly disturbed are therefore inaccurate, and claims based on those assertions need to be critically reassessed. (shrink)

Why does #RepealedThe8th matter for feminist legal studies? The answers seem obvious in one sense. Feminism has long constituted itself through the struggle for sexual and reproductive justice, and Irish feminism has contributed a significant ‘legal win’ with the landslide vote of approval for lifting abortion restrictions in the referendum on the 25th May 2018. That win comes at a global moment when populist legal engagement is doing significant damage in countries that regard themselves as world leaders, and beyond. #RepealedThe8th (...) offers Ireland, and the world, the actuality that the popular vote, and everything that contributes to it, could be something else. Repeal shows how legal tools like the vote may be made into an expression of care for reproductive lives. This expression is important in recognizing pregnant people as knowing agents who are best placed to decide, and in seeking to do justice to those who contribute to everyday reproductive life. But repeal, like the many who brought it into being, has multiple meanings. #RepealedThe8th matters because it is a moving process of socio-legal translation, which draws on a collective energy, ‘repeal energy’, to turn the travesty that was the Eighth Amendment and all it represents into a search for the rest of reproductive life. In opening up the meaning of the vote, much like feminists elsewhere have opened up the meaning of the strike, Irish feminists have turned public mourning over past mistreatment into a series of reproductive connections. This is not a strategy that can be rolled out. Figuring out #RepealedThe8th will take many tellings. Rather we need to give repeal, and repealers, room to breathe and rest. We need to feel our way through repeal’s production of legal change so that this success is not reduced to some generic transferable set of legal instructions. I begin by reflecting on repeal as a process of feminist socio-legal translation, which shows us how legal change comes about through the motivation of collective joy, the mourning of damaged and lost lives, the sharing of legal knowledge, and the claiming of the rest of reproductive life. (shrink)

Tim Maudlin's argument for the inconsistency of Cramer's Transactional Interpretation of quantum theory has been considered in some detail by Joseph Berkovitz, who has provided a possible solution to this challenge at the cost of a significant empirical lacuna on the part of TI. The present paper proposes an alternative solution in which Maudlin's charge of inconsistency is evaded but at no cost of empirical content on the part of TI. However, Maudlin's argument is taken as ruling out Cramer's heuristic (...) "pseudotime" explanation of the realization of one transaction out of many. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 11.4 (2004) 299-301 [Access article in PDF] The Right Not to Know: A Challenge for Accurate Self-Assessment Ruth F. Chadwick Anderson and Lux present a very interesting and thought-provoking argument for the view that accurate self-assessment is a requirement for personal autonomy. What I want to suggest is that although this may be helpful in the context with which these authors are primarily concerned, (...) namely psychiatry and brain dysfunction, it is of less value to an account of autonomy more widely construed. I want to look at a possible counterexample, taken from another area of medicine, namely genetics.Toward the end of their article Anderson and Lux consider three objections to their position. I shall not discuss them all. My concern is with the third, that inaccurate self-assessment sometimes promotes autonomy, because knowing the truth about one's weaknesses is sometimes very debilitating. It is commonly argued that "you can if you think you can" and vice versa. As they point out, there are some complex issues involved here, in that if the result of the positive thinking is the ability to do the thing in question, then how can the self-assessment be deemed to have been inaccurate in the first place? They go on, however, to say that "it is unclear that inflated self-assessments yield benefits in contexts where what is required is not just effort but competence" (290).Now it has been argued, by some, in the context of genetics, that the proper understanding of autonomy may imply a "right not to know" facts about oneself. In other words, this is not just a matter of accurate or inaccurate assessment of the relevant facts about oneself; rather, what may be involved is a deliberate decision not to have access to facts that may be relevant to that assessment. There are clearly cases in which genetic information appears to be pertinent to an accurate self-assessment, as the following example suggests. Suppose there is information "available", through genetic testing, that would affect one's chances of having children, or of having children without a particular genetic disorder, and, knowing that such information is available, a couple decides not to avail themselves of this. This is clearly an inaccurate self-assessment, but is their autonomy compromised?It might be thought that the reasons for this decision not to know could be relevant. If they have no family history of any particular genetic disorder, it could be regarded as subjectively reasonable to decline such testing as might be offered. Anderson and Lux, however, argue that whether or not a self-assessment is accurate depends on externalities. In other words, A's self-assessment is not to be assessed as accurate, or [End Page 299] not, according to what it is subjectively reasonable to believe; it has to be measured against the facts. The more that the possibilities of genetic testing increase, the more that "facts" of this nature will be available, including in the context of psychiatry.It might be objected that genetic information is not the type of information that is relevant in this context. In so far as it is predictive and probabilistic it is, arguably, different from the type of diagnostic information involved in the cases discussed by Anderson and Lux. It is not the place here, however, to discuss in general terms the thesis of "genetic exceptionalism" with regard to medical information. The important point is refusal of access to information that may be relevant to an accurate self-assessment. Historically, people have been mistaken in their self-assessment because of lack of information—for example, lack of understanding of facts about the reproduction process has led individuals automatically to blame the woman partner of a couple for infertility. And, as Anderson and Lux rightly point out, being autonomous is compatible with making mistakes, and indeed requires the freedom to make mistakes, it would look rather different if a person continued to hold this without any attempt to avail himself of the relevant—and now available—information... (shrink)

Intimate and medicalized, natural and technological, reproduction poses some of the most challenging ethical dilemmas of our time. This volume brings together scholars from multiple perspectives to address both traditional and novel questions about the rights and responsibilities of human reproducers, their caregivers, and the societies in which they live.

In the short time since Seana Shiffrin published Speech Matters, ‘fake news’ and ‘alternative facts’ have become full-blown phenomena, and various forces have destabilized the line between truth and falsity. Now more than ever, Shiffrin’s project is one of urgent importance. This essay examines Chapter Four of Speech Matters, which asks the crucial question: when and how may the law regulate lies? Shiffrin concludes that the law could regulate lies much more often than it does, though sometimes it ought not (...) to for pragmatic reasons. For all of Shiffrin’s masterful explication, there is perhaps more to say in the space between Chapter Three’s moral account of free speech and Chapter Four’s legal one. Setting existing doctrine aside, how would a society translate the moral principles of Chapter Three into a system of law? Which worries are intrinsic to free speech, and which are purely pragmatic? In other words, what does a thinker-based account of law look like? (shrink)

Over six previous editions, Twelve Theories of Human Nature has been a remarkably popular introduction to some of the most influential developments in Western and Eastern thought. Now titled Thirteen Theories of Human Nature, this text continues to be an ideal introduction to human nature andintellectual history. This unique volume will engage and motivate students to consider how we can understand and improve both ourselves and human society.

This editorial explains the themes of the forthcoming FLaK seminar and how those themes draw on the collective and individual contributions of the articles, interviews and commentaries presented in this issue. At FLaK, we propose to think with others about the kind of ‘kitchen table’ that FLS might provide into the future. How might feminist legal studies—the approach and the journal—best use its food, equipment, techniques, time, space, mood, energy and commitment? How shall FLS scholars and associates make the most (...) of what we have in a room that can sometimes be confining and confusing, yet also exciting and sustaining? How do others engage with the processes and products of our kitchen table? In considering these issues and more, we propose to draw reflexively on feminist legacies of praxis, internationalism and openness, as we stock up and critically reflect on decolonizing techniques, legal know-how, protest and publishing practices. (shrink)

This dynamic collection provides an overview of the relationship between linguistic form and interpretation as exemplified by the most influential of these ...

Picking up the question of what FLaK might be, this editorial considers the relationship between openness and closure in feminist legal studies. How do we draw on feminist struggles for openness in common resources, from security to knowledge, as we inhabit a compromised space in commercial publishing? We think about this first in relation to the content of this issue: on image-based abuse continuums, asylum struggles, trials of protestors, customary justice, and not-so-timely reparations. Our thoughts take us through the different (...) ways that openness and closure work in struggles against violence, cruel welcomes, and re-arrangements of code and custom. Secondly, we share some reflections on methodological openness and closure as the roundtable conversation on asylum, and the interview with Riles, remind us of #FLaK2016 and its method of scattering sources as we think about how best to mix knowledges. Thirdly, prompted by the FLaK kitchen table conversations on openness, publishing and ‘getting the word out’, we respond to Kember’s call to ‘open up open access’. We explain the different current arrangements for opening up FLS content and how green open access, the sharedit initiative, author request and publisher discretion present alternatives to gold open access. Finally drawing on Franklin and Spade, we show how there are a range of ‘wench tactics’—adapting gifts, stalling and resting—which we deploy as academic editors who are trying to have an impact on the access, use and circulation of our journal, even though we do not own the journal we edit. These wench tactics are alternatives to the more obvious or reported tactic of resignation, or withdrawing academic labour from editing and reviewing altogether. They help us think about brewing editorial time, what ambivalence over our 25th birthday might mean, and how to inhabit painful places. In this, we respond in our own impure, compromised way to da Silva’s call not to forget the native and slave as we do FLaK, and repurpose shrapnel, in our common commitments. (shrink)

Notions of recognition and difference do not inform the mainstream debate about welfare reform, which is, instead, dominated by a dichotomous discourse of active modernization vs passive ‘welfare dependency’. The article challenges this dichotomy within the context of New Labour’s welfare reform agenda in the UK. It argues, first, that welfare reform should treat improvements in social security benefits not as promoting ‘passive’ welfare but as complementary to labour market activation policies. Second, it redefines active welfare to incorporate notions of (...) active citizenship, which construct welfare subjects as actors in the political process of welfare policy-making and delivery. As a framework for this position, the article discusses three ‘R’s of welfare reform, risk protection, redistribution and recognition, together with the further two ‘R’s of rights and responsibilities. It concludes by emphasizing the importance of a rights agenda both to tackling poverty and exclusion and to recognition politics. (shrink)

The shapes of neurons and glial cells dictate many important aspects of their functions. In olfactory systems, certain architectural features are characteristics of these two cell types across a wide variety of species. The accumulated evidence suggests that these common features may play fundamental roles in olfactoryinformation processing. For instance, the primary olfactory neuropil in most vertebrate and invertebrate olfactory systems is organized into discrete modules called glomeruli. Inside each glomerulus, sensory axons and CNS neurons branch and synapse in patterns (...) that are repeated across species. In many species, moreover, the glomeruli are enveloped by a thin and ordered layer of glial processes. Theglomerular arrangement reflects the processing of odor information in modules that encode the discrete molecular attributes of odorant stimuli being processed. Recent studies of the mechanisms that guide the development of olfactory neurons and glial cells have revealed complex reciprocal interactions between these two cell types, which may be necessary for the establishment of modular compartments. Collectively, the findings reviewed here suggest that specialized cellular architecture plays key functional roles in the detection, analysis, and discrimination of odors at early steps in olfactory processing. (shrink)

“Intentionality,” as introduced to modern philosophy by Brentano, denotes the property that distinguishes the mental from all other things. As such, intentionality has been related to purposiveness. I suggest, however, that there are many kinds of purposes that are not mental nor derived from anything mental, such as the purpose of one’s stomach to digest food or the purpose of one’s protective eye blink reflex to keep out the sand. These purposes help us to understand intentionality in a naturalistic way. (...) The naturalist challenge here is to show, first, that natural purposiveness can explain the intentionality of explicitly represented purposes, hence that it is associated with “aboutness” (as in Brentano’s usage). Second, it needs to show how the same kind of analysis can also be used to naturalize intentionality in cases where facts are represented rather than purposes or ends. (shrink)

The biggest contemporary challenge to democratic legitimacy gravitates around the crisis of democratic representation.

On rivers, mountains and secrets : an introduction to the study and its subjects -- Talking to God-- and God talking back -- Mind embodied : spiritual practice and consciousness -- Place and the making of religious practice -- The spirit of the work : challenging oppression, nurturing diversity -- Conscious sex, sacred celibacy : sexuality and the spiritual path.

This chapter contains sections titled: Introduction Values Democracy.

It is pointed out that a slight variation on the Wheeler Delayed Choice Experiment presents the same challenge to orthodox quantum mechanics as Maudlin-type contingent absorber experiments present to the Transactional Interpretation. Therefore, the latter cannot be used as a basis for refutation of TI.

Intended both for undergraduate students and for general readers, this introduction to the philosophy of science uses case studies, anecdotes and personal comment to portray many heroes and villains from the field of science through the ages.

The contributors to this issue focus on legal internationalism, including hybrid mixes with nationalist forms. They have provoked us as editors to think more about these sites and forms of engagement. Sankey shows how civic participation in the ECCC has played a key role in surfacing the gendered harms of separation and starvation. Turan highlights the problems with ICC exclusion of the experience of men and boys from sexual violence. Peroni expresses her hesitations over the Istanbul Convention given an association (...) between assumed vulnerability and migrant women, while admiring its uncoupling of violence and culture. Cruz’s interview with Wendy Brown contextualizes and expands on these themes as they consider, with other participants, the future of feminist theory in the context of neo-liberal capturing of rights and legal space. Thinking more about internationalism and commitment in this context also helps us hold a mirror up to ourselves as we reflect more critically on our own naming of FLS as an ‘international’ journal. Together these contributions, and the reviews of new work, play a role in fleshing out an editorial commitment to enacting the journal as a living thing that ‘hangs together somehow’ even as it is known differently in different places. (shrink)

In this paper I argue that Care theory has the resources to offer an insightful and original theoretical perspective on issues in medical ethics. The paper begins with a discussion of the sort of theory Care is, and argues that it closely resembles virtue theory. After a discussion of cammon features of Care theories, I respond to a few of the criticisme that have been levied against the theory. The final section of the paper is a discussion of the question (...) of neutrality in public moral discourse. Care theory is not a neutral theory with regard to questions of the nature of the good life for humans, but I argue that this should not preclude Care from playing a part in the public debate over policy decisions. (shrink)

Contemporary legal philosophers have focussed their attention on two aspects of the general theory of authority: the issue of legitimacy and the issue of obligation . In John Finnis's work we have a powerful statement of the importance of a third issue: the problem of governance . This paper explores the nature of this duty, its foundations, and its relation to the other aspects of a theory of authority.