The controversies in Bristol, Alder Hey and elsewhere in the UK surrounding the removal and retention of human tissue and organs have led to extensive law reform in all three UK legal systems. This paper reports a short study of the reactions of a range of health professionals to these changes. Three main areas of ethical concern were noted: the balancing of individual rights and social benefit; the efficacy of the new procedures for consent; and the helpfulness for professional practice (...) of the new legislation and regulation. Recognition of these concerns may help in forging a new partnership between professionals and patients and their families. (shrink)

This chapter contains sections titled: I. II. III. IV. V. VI.

BOOK REVIEW: Through fifteen interrelated essays, Daniel Campos’ Loving Immigrants in America reflects upon his experiences as a Latin American immigrant to the United States and develops an experiential philosophy of personal interaction. Building upon previous work, Campos’ implicit conceptual framework comes from Charles S. Peirce’s dual philosophical accounts of the evolution of personality and evolutionary love. But the flesh and blood of the book are Campos’ own personal experiences as an immigrant who has labored for more than twenty years (...) to make himself at home in the United States, aka la Yunai, by growing to love an impressively broad range of places and people across the country. Campos begins in rural Arkansas (where he arrived as an eighteen-year-old from Costa Rica to study at a small religious liberal arts college), travels extensively across the Deep South (in a series of road trips described in Chapters 3-6), completes an MA in Statistics and later a PhD in Philosophy at Penn State, and eventually settles to teach at Brooklyn College where he is surrounded by immigrants from all over the world. The book’s cast of characters and Campos’ interactions with them are so extensive as to defy generalization, but careful readers are likely to walk away convinced of Campos’ claim that “anyone who is receptive and attentive to the commonality of human experience can empathize with immigrants” (2). (shrink)

Preface 9 PART I: RELIGIOUS, SCIENTIFIC, AND PHILOSOPHICAL BACKGROUND Introduction to Part I 19 1. The Bible 27 2. Natural Theology 33 William Paley 3. On the Origin of Species 38 Charles Darwin 4. Objections to Mr. Darwin’s Theory of the Origin of Species 65 Adam Sedgwick 5. The Origin of Species 73 Thomas H. Huxley 6. What Is Darwinism? 82 Charles Hodge 7. Darwinism as a Metaphysical Research Program 105 Karl Popper 8. Karl Popper’s Philosophy of Biology 116 Michael (...) Ruse 9. Human Nature: One Evolutionist’s View 136 Francisco Ayala 10. Universal Darwinism 158 Richard Dawkins PART II: CREATION SCIENCE AND THE McLEAN CASE Introduction to Part II 187 11. The Creationists 192 Ronald L. Numbers 12. Creation, Evolution, and the Historical Evidence 231 Duane T. Gish 13. Witness Testimony Sheet: McLean v. Arkansas Board of Education 253 Michael Ruse 14. United States District Court Opinion: McLean v. Arkansas Board of Education 279 Judge William R. Overton 15. The Demise of the Demarcation Problem 312 Larry Laudan 16. Science at the BarùCauses for Concern 331 Larry Laudan 17. Pro Judice 337 Michael Ruse 18. More on Creationism 345 Larry Laudan 19. Commentary: Philosophers at the BarùSome Reasons for Restraint 350 Barry R. Gross PART III: INTELLIGENT DESIGN CREATIONISM AND THE KITZMILLER CASE Introduction to Part III 369 20. But Isn’t It Creationism? The Beginnings of "Intelligent Design" in the Midst of the Arkansas and Louisiana Litigation 377 Nick Matzke 21. What Is Darwinism? 414 Phillip E. Johnson 22. Is It Science Yet? Intelligent Design, Creationism, and the Constitution 426 Matthew Brauer, Barbara Forrest, and Steven G. Gey 23. Kitzmiller v. Dover Area School District Expert Witness Testimony 434 Michael Behe 24. Kitzmiller v. Dover Area School District Expert Report 456 Robert T. Pennock 25. A Step toward the Legalization of Science Studies 485 Steve Fuller 26. What Is Wrong with Intelligent Design? 495 Elliott Sober 27. United States District Court Memorandum Opinion: Kitzmiller, et al. v. Dover Area School District, et al. 506 Judge John E. Jones II 28. Can’t Philosophers Tell the Difference between Science and Religion? Demarcation Revisited 536 Robert T. Pennock. (shrink)

In the 2005 Kitzmiller v Dover Area School Board case, a federal district court ruled that Intelligent Design creationism was not science, but a disguised religious view and that teaching it in public schools is unconstitutional. But creationists contend that it is illegitimate to distinguish science and religion, citing philosophers Quinn and especially Laudan, who had criticized a similar ruling in the 1981 McLean v. Arkansas creation-science case on the grounds that no necessary and sufficient demarcation criterion was (...) possible and that demarcation was a dead pseudo-problem. This article discusses problems with those conclusions and their application to the quite different reasoning between these two cases. Laudan focused too narrowly on the problem of demarcation as Popper defined it. Distinguishing science from religion was and remains an important conceptual issue with significant practical import, and philosophers who say there is no difference have lost touch with reality in a profound and perverse way. The Kitzmiller case did not rely on a strict demarcation criterion, but appealed only to a “ballpark” demarcation that identifies methodological naturalism (MN) as a “ground rule” of science. MN is shown to be a distinguishing feature of science both in explicit statements from scientific organizations and in actual practice. There is good reason to think that MN is shared as a tacit assumption among philosophers who emphasize other demarcation criteria and even by Laudan himself. (shrink)

In the 2005 Kitzmiller v Dover Area School Board case, a federal district court ruled that Intelligent Design creationism was not science, but a disguised religious view and that teaching it in public schools is unconstitutional. But creationists contend that it is illegitimate to distinguish science and religion, citing philosophers Quinn and especially Laudan, who had criticized a similar ruling in the 1981 McLean v. Arkansas creation-science case on the grounds that no necessary and sufficient demarcation criterion was (...) possible and that demarcation was a dead pseudo-problem. This article discusses problems with those conclusions and their application to the quite different reasoning between these two cases. Laudan focused too narrowly on the problem of demarcation as Popper defined it. Distinguishing science from religion was and remains an important conceptual issue with significant practical import, and philosophers who say there is no difference have lost touch with reality in a profound and perverse way. The Kitzmiller case did not rely on a strict demarcation criterion, but appealed only to a “ballpark” demarcation that identifies methodological naturalism as a “ground rule” of science. MN is shown to be a distinguishing feature of science both in explicit statements from scientific organizations and in actual practice. There is good reason to think that MN is shared as a tacit assumption among philosophers who emphasize other demarcation criteria and even by Laudan himself. (shrink)

As support for clinical ethics committees in the UK grows, care must be taken to define their function, membership and method of working and the status of their decisions.The modern practice of medicine raises a plethora of complex issues—medical, ethical and legal. Doctors and other healthcare professionals increasingly must try to resolve these and may sometimes have to do so in the face of contrary opinion expressed by patients and/or their surrogates. While clearly qualified in the medical arena, and although (...) there is now more ethics teaching in the medical curriculum, healthcare professionals are seldom qualified to adjudicate on ethical or legal matters, or even, perhaps, to recognise them when they arise. Yet, as Doyal says, “clinical life must go on and moral and legal indeterminacy within medicine cries out for practical resolution.”1 Meanwhile, the expectations of patients and their families—and, indeed, of wider society—are that decisions about patient care, resources and therapeutic regimes should be soundly based on appropriate ethicolegal, as well as scientific, principle.Recognition of these additional burdens on healthcare professionals has generated some interest in the provision of ethics consultation. In the USA this has been undertaken by a variety of tribunals and individuals. Hospital ethics committees and ethics consultants feature in many US hospitals and perform a variety of roles. In Europe, a number of countries have also established clinical ethics committees and they are becoming more common in the UK—primarily in England and Wales for the moment. Whereas, however, “[i]n North America, CECs have … become an integral part of the organisational infrastructure of hospitals ...”,1 in the United Kingdom they remain essentially ad hoc bodies, generated for a variety of reasons and with different goals, structures, membership, methods of working and functions. The initial impetus for the …. (shrink)

Common Truths brings together the best minds writing on one of today's most important and heated issues: natural law. This diverse group of thinkers addresses the theoretical, historical, and--in a section of particular importance--the legislative and juridical aspects of natural law. A revival of natural law concepts, the essayists argue, is crucial to the refurbishing of American civil society. Anyone wanting to understand what the natural law is and why it matters will find this engaging book indispensable.

The development of clinical ethic support in the UK arguably brings with it a series of legal questions, which need to be addressed. Most particularly, these concern questions of due process and formal justice, which I argue are central to the provision of appropriate ethical advice. In this article, I will compare the UK position with the more developed system in the USA, which often provides a template for development in the UK. While it is not argued that the provision (...) of clinical ethics support in the UK will necessarily follow the path mapped in the USA, there are lessons that can be learned from the US experience – particularly in terms of attention to process – from which UK clinical ethics support service might well benefit. (shrink)

The rapid rise of varieties of historicism in Germany, during the mid- to late-nineteenth century, and subsequently in England and America, resulted in a radical transformation of the principles of coherence and methods of analysis within biblical studies.1This paper will argue that the foundational ‘subject/object’ metaphysics of historicism has been subverted over the past century. For this reason, historical positivism should no longer be accorded the status of ‘normative paradigm’ and ‘gatekeeper’ over and against other interpretive approaches. This paper next (...) lays out five principles for a renewed practice of historical inquiry. It argues, first, that historical inquiry continues to serve a vital function within biblical studies in its ability to call attention to historical difference, and, thereby, to contribute to a strategy of resistance to ideology and to totalizing theories; second, that the traditional appeal to historical ‘context’ and ‘author’ in the interpretation of texts continues to be a useful practice – despite the provisional and constructed nature of both – as a way of taking into account extra-lingual reference and of avoiding presentism; third, that the substitution of new ‘grand narratives’ of Christian origins in place of the (quasi-theological) ‘historical’ narrative of traditional Christianity – under the claim of historical objectivity – should be abandoned because the very concept of ‘origins’ is the result of a literalizing of a metaphor. Such totalizing narratives always reduce history's inherent polycentricism. Fourth, I will argue that the continued use of historicism in the antiquarian attempt to reconstruct the past, disconnected from both a quest for social justice and a desire for personal self-creation, represents a form of thought that alienates scholars from themselves and from their real material contexts. Finally, and following on the previous point, this paper submits that the practice of historical analysis has an ethical dimension by virtue of the fact that the personhood of the biblical historian is indissolubly linked to other dimensions of life including the social and ethical aspects of life. These added dimensions complicate the making of choices, which is implicit within all practices of interpretation. These five principles are here suggested as points of departure for the reconceptualization of the scope and function of historical inquiry within the discipline of New Testament studies. (shrink)

The patient-doctor relationship has recently come under intense scrutiny, resulting in a re-evaluation of the basis of that relationship. The papers by Glannon and Ross, and McKay seek to identify the sources of authority in the patient-doctor relationship by evaluating it in terms of the concept of altruism. In this paper I argue that the analysis of Glannon and Ross, and of McKay is unnecessary and that the analysis offered by the latter is also flawed. I do acknowledge, however, that (...) Glannon and Ross's description of doctors' responsibilities and patients' roles has much to commend it. (shrink)

The new regulations on xenotransplantation pay insufficient attention to the broad ethical problems raised by this technique and that the abandonment of a national body with overall regulatory authority in this area is a mistake.Following reports from the Nuffield Council on Bioethics1 and, most importantly, the Advisory Group on the Ethics of Xenotransplantation2 , the UK Xenotransplantation Interim Regulatory Authority was established in 1997. The existence of a national body to govern xenotransplantation was deemed to be of critical importance by (...) the Kennedy report given the practical and ethical issues associated with xenotransplantation. Indeed, the Kennedy report recommended that ultimately UKXIRA should be placed on a statutory footing.2 The remit of UKXIRA was to advise the Secretary of State on particular applications, gather information on issues such as safety, and assess whether the preconditions identified by the Kennedy report had been met.3In December 2006, UKXIRA was quietly disbanded, and the Department of Health issued a statement of guidance, the terms of which now govern xenotransplantation in the UK. This document superseded procedures that had been in place since 1998, which had placed the overall regulation of applications to conduct xenotransplantation in the hands of UKXIRA and, ultimately, the Secretary of State.4 The revised guidance defines xenotransplantation as being: “… any procedure that involves the transplantation, implantation, or infusion into a human recipient of either live tissues or organs retrieved from animals, or, human body fluids, cells, tissue or organs that have undergone ex vivo contact with live non-human animal cells, tissues or organs.”5 . Given the range and nature of the procedures covered by the guidance, it is surprising, not to say a little worrying, that it is so …. (shrink)

An essential and neglected distinction between contract and administrative law is in how each conceives of the Crown as a juristic person. This article explores the extent of this distinction, and its implications for the rule of law and the separation of powers. It offers explanations—historical, jurisprudential and pragmatic—for why contract law conceives of the Crown as a corporation aggregate with the powers and liberties of a natural person, and why administrative law disaggregates the State into named officials.

In recent work, Peter Hanks and Scott Soames argue that propositions are types whose tokens are acts, states, or events. Let’s call this view the type view. Hanks and Soames think that one of the virtues of the type view is that it allows them to explain why propositions have semantic properties. But, in this paper, we argue that their explanations aren’t satisfactory. In Section 2, we present the type view. In Section 3, we present one explanation—due to Hanks (2007, (...) 2011) and Soames (2010)—of why propositions have semantic properties. We criticize this first explanation in Section 4. In Section 5, we present another explanation—due to Soames (2104)—of why propositions have semantic properties. We criticize this second explanation in Section 6. (shrink)

The so-called genetics revolution rests on a history which at its least can be described as controversial. Modern genetics needs to bear this history in mind. In particular, as with the past, the area of reproductive choice seems particularly vulnerable to potential abuse. Courts in the UK and elsewhere have already shown themselves willing to interfere with the choices of women in the management of their pregnancies. Medical advance, perhaps particularly the capacity to visualise the developing foetus, has added complexity (...) to the question of whether the health care provider has one patient or two patients . Additionally, pregnancy is thoroughly monitored in modern medical practice and genetics may provide a further impetus or incentive to mandate increased policing of pregnancy. Gene therapy, once offered, will add further to the desire to ensure that women make the ‘right’ choice, especially when the invasion required is relatively minimal. Further, genetic information is at best predictive, but may, because of its scientific nature, appear to those receiving it to be certain. Thus, the provision of genetic information may reduce rather than enhance choice, unless carefully and sensitively provided. A mature and sophisticated debate about the role of genetics in reproduction is required—engaging rather than bypassing the public—if the real potential of genetics is to be vindicated. (shrink)

This article argues that thinking about entrepreneurship as a potential instrument for relief from endemic poverty and disadvantage, especially among the Indigenous, has all too often been captive to a concept of entrepreneurship that is built out of constrained economic and cultural assumptions. The authors develop this argument from a critical discussion of contributions by Karl Polanyi and Robert Heilbroner. The result is that approaches to venture have been encouraged that are sometimes a poor fit for the circumstances of those (...) they are meant to benefit, and other forms that could have considerable promise have gone unexplored. This article outlines some features of Indigenous culture and build on the analysis of David Harper to construct an improved notion of entrepreneurship that allows for these distinctive features. The article concludes that research and policy making concerning entrepreneurship as an instrument of development among the Indigenous need to be undertaken with this reconstructed understanding of entrepreneurship that is a better fit for the realities of Indigenous culture. (shrink)

Drawing on interviews with 140 young British males, this article explores the ways in which men talk about their own bodies and bodily practices, and those of other men. The specific focus of interest is a variety of body modification practices. We argue, however, that the significance of this analysis extends beyond the topic of body modification. In discussing the appearance of their bodies, the men we interviewed talked less about muscle and skin than about their own selves located within (...) particular social, cultural and moral universes. This article shows that, in talking about seemingly trivial questions such as whether to have one’s nose pierced or join a gym, men are actively engaged in regulating normative masculinity. Our analysis lends support to the claim that the body has become a new (identity) project in high/late/post-modernity, but shows how fraught with difficulties this project is for young men who must simultaneously work on and discipline their bodies while disavowing any (inappropriate) interest in their own appearance. The analysis highlights the pervasive individualism of young men’s discourses, and the absence of alternative ways of making sense of embodied experiences. (shrink)

Ocherk 1. Voprosy ontologii -- Ocherk 2. Voprosy ėtiki i ėstetiki -- Ocherk 3. Voprosy gnoseologii i aksiologii.

The American Journal of Bioethics, Volume 11, Issue 6, Page 65-66, June 2011.