By tracking Nietsche's thought through the philosophical influences upon him, Green establishes a significant new foundation from which to assess Nietzsche's place in modern philosophy and culture.

In the face of mounting criticism against advance directives, we describe how a novel, computer-based decision aid addresses some of these important concerns. This decision aid, Making Your Wishes Known: Planning Your Medical Future , translates an individual's values and goals into a meaningful advance directive that explicitly reflects their healthcare wishes and outlines a plan for how they wish to be treated. It does this by (1) educating users about advance care planning; (2) helping individuals identify, clarify, and prioritize (...) factors that influence their decision-making about future medical conditions; (3) explaining common end-of-life medical conditions and life-sustaining treatment; (4) helping users articulate a coherent set of wishes with regard to advance care planning—in the form of an advance directive readily interpretable by physicians; and (5) helping individuals both choose a spokesperson, and prepare to engage family, friends, and health care providers in discussions about advance care planning. (shrink)

Many philosophers, both past and present, object to materialism not from any romantic anti-scientific bent, but from sheer inability to understand the thesis. It seems utterly inconceivable to some that qualia should exist in a world which is entirely material. This paper investigates the grain objection, a much neglected argument which purports to prove that sensations could not be brain events. Three versions are examined in great detail. The plausibility of the first version is shown to depend crucially on whether (...) one holds a direct or non-direct theory of perception. Only on the latter is this version plausible. An analysis of the second "semantic" version concludes that a materialist description and explanation of the world should not be expected to transparently convey all that would be of interest or importance to human beings. The final version explicitly makes use of Grover Maxwell's non-direct perceptual theory of structural realism. Although a confusion is charged to Maxwell between phenomenal and objective properties, the critical difficulty for the grain objection is its failure to characterize "structure" from a non-percipient point of view. As the grain objection is ultimately found wanting, the real difficulty for materialism crystallizes as its irreconciliability with the mere existence of sentience, which seems to force some sort of emergence upon us. (shrink)

What is the value of having medical students engage in creative production as part of their learning? Creating something new requires medical students to take risks and even to fail--something they tend to be neither accustomed to nor comfortable with doing. “Making stuff” can help students prepare for such failures in a controlled environment that doesn’t threaten their professional identities. Furthermore, doing so can facilitate students becoming resilient and creative problem-solvers who strive to find new ways to address vexing questions. (...) Though creating something new can be fun, this is not the main outcome of interest. Rather, the principle reason we recommend devoting precious curricular time to creative endeavors is because it helps medical students become better doctors. (shrink)

In this essay reviewing Brian Leiter’s recent book Naturalizing Jurisprudence, I focus on two positions that distinguish Leiter’s reading of the American legal realists from those offered in the past. The first is his claim that the realists thought the law is only locally indeterminate – primarily in cases that are appealed. The second is his claim that they did not offer a prediction theory of law, but were instead committed to a standard positivist theory. Leiter’s reading is vulnerable, because (...) he fails to discuss in detail those passages from the realists that inspired past interpretations. My goal is to see how Leiter’s reading fares when these passages are considered. I argue that Leiter is right that the realists’ indeterminacy thesis has only a local scope. Those passages that appear to claim that the law is globally indeterminate actually address three other topics: judicial supremacy, judges’ roles as finders of fact, and the moral obligation to adjudicate as the law commands. With respect to the prediction theory, however, I conclude that Leiter’s position cannot be defended. Indeed the realists offered two “prediction” theories of law. According to the first, which is best described as a decision theory, the law concerning an event is whatever concrete judgment a court will issue when the event is litigated. According to the second, the law is reduced, not to concrete judgments, but to regularities of judicial (and other official) behavior in a jurisdiction. I end this essay with the suggestion that the realists’ advocacy of the second prediction theory indirectly vindicates Leiter’s reading of the realists as prescient jurisprudential naturalists. (shrink)

We applaud Brown, Elliott, and Paine (2013) for their overarching goal of providing ethical justification for decisions to withdraw nonfutile life-sustaining medical treatments in some cases after...

The twenty‐six‐year‐old patient requested a prophylactic bilateral mastectomy with reconstruction because of an extensive family history of cancer. She reported that she had developed melanoma at twenty‐five; that her mother, sister, aunts, and a cousin all had breast cancer; that a cousin had ovarian cancer at nineteen; and that a brother was treated for esophageal cancer at fifteen. The treating team was skeptical about this history, and they could find no documentation of the patient's reported melanoma. The surgeon wrote the (...) patient's primary care physician, explaining that he had seen the patient and planned to proceed with the bilateral mastectomy and reconstruction. The primary care physician responded that he was unable to substantiate several of the patient's claims; some of his colleagues believed the family history to be fabricated. Trying to make sense of the discrepancies, the genetic counselor called a counselor colleague who had met with this patient. The colleague suggested that the in‐house genetic counselor “google” the patient. The search revealed two Facebook pages linked to the patient. In one, apparently a personal profile, the patient stated that in addition to battling stage four melanoma, she had recently been diagnosed with breast cancer. She provided a link to a site where she solicited donations to attend a summit for young cancer patients. The other Facebook page featured numerous pictures of her with a bald head, as though she has been through chemotherapy. The genetic counselor showed the Facebook pages to the surgeon, who then decided not to operate. Should health care professionals “google” their patients? (shrink)

This article answers questions about the consistency, coherence, and motivation of Hobbes's account of the right to punish. First, it develops a novel account of authorization that explains how Hobbes could have consistently held both that the subjects do not give the sovereign the right to punish and also that they authorize the sovereign to punish. Second, it shows that, despite appearances, the natural and artificial elements of Hobbes's account form a coherent whole. Finally, it explains why Hobbes thought it (...) was important to establish the sovereign's right to punish apart from the sovereign's power to punish. (shrink)

This essay concerns Scott Shapiro's criticism that H.L.A. Hart's theory of law suffers from a Although other philosophers of law have summarily dismissed Shapiro's criticism, I argue that it identifies an important requirement for an adequate theory of law. Such a theory must explain why legal officials justify their actions by reference to abstract propositional entities, instead of pointing to the existence of social practices. A virtue of Shapiro's planning theory of law is that it can explain this phenomenon. Despite (...) these sympathies, however, I end with the suggestion that Shapiro's criticism of Hart, as it stands, is incomplete. Careful attention to Hart's notion of the internal point of view indicates that he was aware that legal justification ends with abstract objects, not practices, and that he offered his own explanation of this phenomenon. (shrink)

Neste ensaio, argumento que qualquer um que adotasse um falsificacionismo do tipo que tenho atribuído a Nietzsche se sentiria atraído pela doutrina do eterno retorno. Para Nietzsche, pensar o 'vir a ser' revelado por meio dos sentidos significa falsificá-lo por meio do 'ser'. Mas o eterno retorno oferece a possibilidade de pensar o 'vir a ser' sem falsificação. Em seguida, argumento que qualquer um que mantenha o falsificacionismo de Nietzsche veria na ação humana um conflito entre o 'ser' e o (...) 'vir a ser', de modo semelhante ao que ocorre no juízo empírico. À luz desse conflito apenas o eterno retorno ofereceria a possibilidade de afirmar a vida de modo verdadeiro. Para concluir, discuto de que maneira tal leitura do eterno retorno resolve uma série de enigmas que têm atormentado os intérpretes. In this essay, I argue that someone who adopted a falsificationism of the sort that I have attributed to Nietzsche would be attracted to the doctrine of eternal recurrence. For Nietzsche, to think the becoming revealed through the senses means falsifying it through being. But the eternal recurrence offers the possibility of thinking becoming without falsification. I then argue that someone who held Nietzsche's falsificationism would see in human agency a conflict between being and becoming similar to that in empirical judgment. In the light of this conflict only the eternal recurrence would offer the possibility of truly affirming life. I end by discussing how this reading of the eternal recurrence solves a number of puzzles that have bedeviled interpreters. (shrink)

The American Journal of Bioethics, Volume 12, Issue 5, Page 8-9, May 2012.

A Kantian evaluation of Taylorism in the workplace requires a consideration of four problems; (1) the conditions of agency, (2) the relation of Taylorism to these conditions, (3) an explanation of the method given by the Typic for applying the Categorical Imperative, and (4) the actual application of the Categorical Imperative to Taylorism. An agent who views himself as a performer is distinguished from an agent who is a mere observer of his own actions, and it is argued that Taylorism (...) in effect attempts to remove the purposiveness of action from the workmen and to reduce them to the state of being mere observers of their own actions. Then it is argued that in order for one to attempt to think of a maxim as a universal law, one must posit a universal and necessary connection between the circumstances and the performances and then another such connection between the action and the purpose to be achieved. A model is constructed using heat-seeking machines, and it is argued that a principle analogous to Taylorism could not hold as a universal law for such machines. Thus, Taylorism is not an acceptable solution to the problem of coordinating the activities of self-directed agents within the workplace. (shrink)

An agent is one who regulates his/her own actions through positive and negative feedback. It is painful for a rational being to set himself a task and then find himself unable to complete it entirely as he/she conceives it. To escape this pain, a person may use self-deception to avoid such negative feedback. When this denial becomes universalized, an agent can no longer function as a self-regulating, cybernetic system, i.e., as an agent who directs his/her own actions. Ten types of (...) moral self-deception are distinguished, and the duty of moral self-knowledge is clarified. (shrink)

Sometimes the fact that something is the law can be justified by the law. For example, the Sarbanes-Oxley Act is the law because it was enacted by Congress pursuant to the Commerce Clause. But eventually legal justification of law ends. The ultimate criteria of validity in a legal system cannot themselves be justified by law. According to H.L.A. Hart, justification of these ultimate criteria is still available, by reference to social facts concerning official acceptance - facts about what Hart calls (...) the "rule of recognition" for the system. -/- Drawing upon criticisms of sociological accounts of the law that can be found in the writings of Hans Kelsen, I argue in this essay that Hart's approach cannot account for statements about the law that assert the independence of legal validity from rule of recognition facts. I offer as an alternative a legal quietist approach, which can account for such statements. For the quietist, legal justification exhausts the possible justification for law. If our judgments about the law are fundamental, in the sense that they cannot be justified by other judgments about the law, then they have no justification (which is not to say that they should be abandoned). I argue that legal quietism is exemplified - if somewhat imperfectly - in Kelsen's writings, and I end the essay by exploring some difficulties that the quietist approach must face. (shrink)

Positivists and interpretivists (Dworkinians) might accept that conceptual facts about the law—facts about the content of the concept of law—can obtain in the absence of communities with law practices. But they would deny that legal facts can obtain in such communities’ absence. Under the moral impact theory, by contrast, legal facts can precede all communities with law practices. I identify a set of legal facts in private international law—the law of jurisdiction—that concerns when a community's law practices can, and cannot, (...) have the legal effects that the practices claim to have. This law is noncommunitarian, in the sense that it precedes the communities to which it applies. In this law's light, the legal effects of communities’ law practices are legally coordinated (or, at the very least, can be shown to legally conflict). Although interest in, and even commitment to, a noncommunitarian law of jurisdiction has receded among private international law theorists, I argue that some well-placed questions can elicit from all of us a commitment to this law. And this commitment is a reason to believe that the moral impact theory is correct. (shrink)

Discussions of fairness in the workplace are built on assumptions about the organization of work and about fairness. Writers on business ethics have not appreciated that work is often organized differently in different stages of the life cycle of a firm. In this paper it is argued that the conceptions of fairness applied to a mature firm are often not applicable to a fledgling one. In a mature firm authority and responsibility are typically delegated and divided into specific jobs with (...) relatively rigid boundaries. Thus, it has been argued that fairness in hiring requires specific job descriptions, fairness in remuneration requires standardized and graded salaries, and fairness in due process requires peer review. However, in the formative stages of a corporation, there may be very little differentiation or specialization. There is a continual re-definition of individual tasks through interaction with others as knowledge about products, production, and consumer demand are acquired by trial and error in the marketplace. Fairness takes a different form in this firm. The principle that similar people are to be treated similarly and different people differently can be operationalized in two ways. The mature firm typically focuses on differences; a fledgling, entrepreneurial one on similarities. How some of the issues of fairness in hiring, pay, and due process need to be reformulated once they are placed within the context of an entrepreneurial firm with its emphasis on similarity are then discussed. (shrink)

Images of Native Americans and of aspects of Native American culture are common in advertisements in the United States. Three such images can be distinguished — the Noble Savage, the Civilizable Savage and the Bloodthirsty Savage images. The aim of this paper is to argue that the use of such images is not morally acceptable because these images depend upon an underlying conception of Native Americans that denies that they are human beings. By so doing, it also denies to them (...) any moral standing and thus any claim to moral consideration and treatment. I begin by arguing that the traits which are distinctively human are fostered only within a cultural framework consisting of the accumulated knowledge and activities of a group of human beings. I then argue that savages are conceptualized as natural and cultureless beings. Furthermore, within the traditional Western conceptualization of the world mere natural objects have no moral standing. Thus, it follows that Native Americans insofar as they are also merely natural objects would have no standing or status as moral beings. The conception of Native Americans as savages undercuts the very conditions for the possibility of moral respect. I then turn to an application of these principles to some current commercial uses of images of Native Americans and other indigenous peoples. (shrink)

In ‘The Survival Lottery’ John Harris raises the following issue. Suppose it is possible for physicians to save the lives of two patients, Y and Z, otherwise doomed to die through no fault of their own, by taking the life of a third person, P, and using various of his organs appropriately for transplants. To provide a fair and impartial way of selecting the organ donor, a survival lottery is proposed for the society. This lottery randomly selects an organ donor (...) from the population at large. Harris, speaking from the point of view of Y and Z, defends the demand that such a lottery be established. What if anything is wrong with this scheme? (shrink)

Thomas Hobbes's theory of the laws of nature covers only a subset of these rules, namely, those that “concern the doctrine of Civill Society”. There are many interpretations that attribute more ambitious aims to Hobbes, such as reconciling the claims of morality and interest, defending a version of divine command theory, showing that some aims are supremely rational, or using a theory of reciprocity to unite reason and morality. This chapter argues that Hobbes can accomplish his most important goals with (...) the minimalist theory. Hobbes describes the behavior of societies in the state of nature whose members support themselves by raiding other cities. Hobbes's moral theory makes the case for the state because it holds that social life governed by the laws of nature is available only within the state. In addition to supporting Hobbes's political theory, the minimalist theory presents an alternative to Aristotle's theory of justice. (shrink)

The adage “an ounce of prevention is worth a pound of cure” is widely used in healthcare settings and can be applied to the work of institutional clinical ethics committees. The model of clinical ethics consultation, however, is inherently reactive: a crisis or question emerges, and ethics experts are called to help. In an effort to employ a proactive component to the model of clinical ethics consultation (as well as to standardize our educational interventions), we developed ethics pocket cards. The (...) purpose of this article is to: (1) describe the rationale for using ethics pocket cards, (2) provide examples of our cards, and (3) begin a dialogue about the potential uses of ethics pocket cards. In doing so, we hope to explore how such portable, economical devices can advance the goals of ethics consultation as well as the educational aims of ethics committees. (shrink)

The Paleolithic paintings and drawings found on cave walls at sites in France and Spain, such as Lascaux, Altamira and Vallon-Pont-D'Arc, have profound effects on those who see them. In addition to their historical interest, they are prized for their aesthetic and spiritual qualities, which have had an important influence on modern art. But the caves are small and the paintings are fragile. Access to them has been sharply limited: some caves have been closed to protect the paintings from the (...) damage caused by human respiration; access to others is limited to those who negotiate a daunting reservation scheme. Despite being the heritage of humanity as a whole, the cave paintings are, and must be, restricted to a very few. Not everyone who wants to see the paintings can do so if they are to survive. (shrink)

A model (based on a proposal by Schick (1974), is developed for channels composed of four species; the channels allow conduction when all species are in the correct configuration. Allowance is also made for diffusion resulting from depletion of ions in the neighbourhood of the channel. The result is a series of pulses in which the current falls as –1/2 upon closing the channel. The resulting power spectrum is calculated according to the method given by Schick and earlier workers, and (...) is found to be, at least qualitatively, in agreement with many of the features of noise measured for certain types of nerve membranes. The calculations are not linearized, but are carried through numerically. (shrink)

This article is a limited defense of copyrights for the contents of factual compilations. The form of protection that I propose, under which the collective factual content of such compilations is protected, differs from an approach that protects individual facts and from the currently accepted approach (as articulated in Feist v. Rural Telephone), under which only selections and arrangements of individual facts are protected. Although I accept that there are sound economic justifications for refusing to copyright individual facts, my justifications (...) differ from those that have traditionally been offered. The traditional justifications are: 1) that the monopolization costs of protecting individual facts are too great, because facts are too valuable as components for future works to have access to them limited by property rights, and 2) that facts fail the independent creation requirement for copyright protection, because they are not authored by anyone. Both of these justifications fail. Monopolization costs can at most justify limited terms for copyrights in facts. And, far from failing the independent creation requirement, facts (properly understood as representations of reality rather than reality itself) are as much works of authorship as novels are. I argue that transaction and enforcement costs are the real reasons that individual facts are not copyrightable. Furthermore, some components of factual works - specifically, ground breaking and explanatorily powerful theories like Einstein's theory of relativity - should be copyrightable if our sole concerns were transaction, enforcement and monopolization costs. Instead such theories are not protectable because any work that borrows them is their complement (in the sense that its production makes them more desirable), provided that the work acknowledges the theories' true provenance. This is because it is only through dissemination in other works that such theories can undergo the test of truth. But nothing about the uncopyrightability of the components of factual works stands in the way of copyrights for the collective factual content conveyed by such works. It might appear that protecting collective content is no different from the Feist approach, in which selections and arrangements of facts alone are protected. After all, collective factual content is created by selecting and arranging individual facts. If individual facts are not protected, then the selections and arrangements, it seems, must be. But this is a fallacy. Protecting a fictional story is not the same as protecting the methods of selection and arrangement used to generate the story from unprotected elements of character, plot, and setting. Likewise, protecting the collective factual content of a database is not the same as the Feist method. The collective content of databases, I argue, should be protected in the same manner that fictional stories are. Such an approach, far diverging from traditional copyright principles, follows from them. (shrink)

In an article entitled ‘Dworkin's Fallacy, Or What the Philosophy of Language Can't Teach Us about the Law’, I argued that in Law's Empire Ronald Dworkin misderived his interpretive theory of law from an implicit interpretive theory of meaning, thereby committing ‘Dworkin's fallacy’. In his recent book, Justice in Robes, Dworkin denies that he committed the fallacy. As evidence he points to the fact that he considered three theories of law—‘conventionalism’, ‘pragmatism’ and ‘law as integrity’—in Law's Empire. Only the last (...) of these is interpretive, but each, he argues, is compatible with his interpretive theory of meaning, which he describes as the view that ‘the doctrinal concept of law is an interpretive concept’. In this Reply, I argue that Dworkin's argument that he does not commit Dworkin's fallacy is itself an example of the fallacy and that Dworkin's fallacy pervades Justice in Robes just as much as it did Law's Empire. (shrink)

The dissertation is an account of Nietzsche's denial of cognitive objectivity, that is, his denial that there can be such a thing as a true judgment. I claim that plausible arguments for denying cognitive objectivity can be found in Nietzsche, but only after some strong analogies between this denial and traditional arguments against evaluative objectivity are made apparent. Judgments of value are not considered objective because they are motivational, that is, because making an evaluative judgment is necessarily connected with having (...) motivating reasons for action. I examine two forms such a denial can take, the error theory in which judgments of value are considered cognitive but false, and noncognitivism, in which they are not considered cognitive at all, and so neither true nor false. Both the error theory and non-cognitivism occur in Nietzsche's own denials of evaluative objectivity. ;I claim that Nietzsche argued against cognitive objectivity because he considered all judgments to be motivational. Nietzsche is only able to do so, however, on the basis of a radical critique of the possibility of normativity or normative constraint. This critique plays a crucial role in Nietzsche's philosophy of mind. Such a critique puts into doubt the traditional picture of intentional action, in which a sharp distinction is drawn between cognitive and affective contributions to such action. ;Because Nietzsche argues all judgments are motivational, his epistemology bears a strong resemblance to both the error theory and non-cognitivism. But because Nietzsche's critique of normative constraint amounts to a denial of the existence of cognition, the elements of non-cognitivism in Nietzsche's epistemology are more fundamental than those of the error theory. I explain how Nietzsche's ontology of the will to power can be seen as following from his non-cognitivism, but suggest that Nietzsche's epistemology bears the greatest affinity to naturalism. (shrink)

Green, Michael The Marists were one of the ecclesial families to emerge from the extraordinary spiritual and missionary renewal currents flowing through the nineteenth-century French Church, and more specifically its Lyonnais fervour. Their founders imagined a new way of being Church, one that was self-consciously Marian both in its intent and in its character. They saw themselves sharing in the eternal 'work of Mary', as they called it, of mothering Christ-life to birth, of nurturing its growth in themselves and in (...) others, and of standing with the Church as it came to be. Their spirituality emphasised the mercy of God, which they sought to incarnate in affective, relational and immanent ways. They wanted especially to go to people whose circumstances caused them to be furthest from the knowledge of God and the care of the Church and, taking the 'Magnificat' as their charter, they were fired to make real for them the closeness of a loving, faithful and just God. They imagined themselves as a broad movement of people-lay, clergy and religious-structured in a fairly non-hierarchical, complementary and interdependent way. Disappointingly for them, however, the Vatican authorities of the time did not warm to their proposed sense of 'communio'. But now, two centuries later, in a post-Vatican II context, Marists are being afforded the opportunity to be creatively faithful to their founding vision. (shrink)

Review of "One For All: The Logic of Group Conflict," by Russell Hardin; "On Nationality," by David Miller; and "Liberal Nationalism," by Yael Tamir.

Tells the story of St Augustine's journey to, and arrival in, England. His seven-year missionary activity in Kent had a profound and lasting effect upon the development of Christianity in England. This account is supported by documentary evidence and the relevant historical contexts.