O'Brien provides a critical assessment of Ernest Mandel's 1975 monograph Late Capitalism. In so doing, he offers a historical narrative that puts into question Mandel's framing of 'waves' of capitalist development as a process of capital accumulation that was dependent upon uneven development in the Third World. O'Brien starts by problematising Mandel's argument that an initial concentration of money, capital and bullion in the hands of Europeans explains combined and uneven development. He goes on to demonstrate that Mandel's (...) notion of imperialism as a necessary conduit for the flow of surplus capital from industrialising Europe does not stand up to the historical evidence. In fact, O'Brien maintains an alternative thesis, namely that these marginalised regions were insuffciently penetrated by European capital. (shrink)

Information is the fourth core element of public health legal preparedness and of legal preparedness for public health emergencies specifically. Clearly, the creation, transmittal, and application of information are vital to all public health endeavors. The critical significance of information grows exponentially as the complexity and scale of public threats increase.Only a small body of organized information on public health law existed before the 21st century: a series of landmark books published beginning in 1926 by Tobey, Grad, and Wing ; (...) model public health laws published as early as 1907; systematic reviews of original research studies published in the 1990s; and a small but growing number of articles published in public health journals and law reviews.With the new century came new public health law programs and activities at the Centers for Disease Control and Prevention, in public health professional associations, and in numerous non-profit and academic organizations. (shrink)

This is one of four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention and nineteen multi-disciplinary partner organizations. Each of the action agenda papers deals with one of the four core elements of public health legal preparedness: laws and legal authorities; competency in using those laws; coordination of law-based public health actions; and information. Options presented in this paper are for consideration by (...) policymakers and practitioners — in all jurisdictions and all relevant sectors and disciplines — with responsibilities for all-hazards emergency preparedness.This paper focuses on the fourth core element: information that can be used in shaping and applying law as a public health tool, specifically in the context of public health emergencies. (shrink)

This is one of four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention and nineteen multi-disciplinary partner organizations. Each of the action agenda papers deals with one of the four core elements of public health legal preparedness: laws and legal authorities; competency in using those laws; coordination of law-based public health actions; and information. Options presented in this paper are for consideration by (...) policymakers and practitioners — in all jurisdictions and all relevant sectors and disciplines — with responsibilities for all-hazards emergency preparedness.This paper focuses on the fourth core element: information that can be used in shaping and applying law as a public health tool, specifically in the context of public health emergencies. (shrink)

Information is the fourth core element of public health legal preparedness and of legal preparedness for public health emergencies specifically. Clearly, the creation, transmittal, and application of information are vital to all public health endeavors. The critical significance of information grows exponentially as the complexity and scale of public threats increase.Only a small body of organized information on public health law existed before the 21st century: a series of landmark books published beginning in 1926 by Tobey, Grad, and Wing ; (...) model public health laws published as early as 1907; systematic reviews of original research studies published in the 1990s; and a small but growing number of articles published in public health journals and law reviews.With the new century came new public health law programs and activities at the Centers for Disease Control and Prevention, in public health professional associations, and in numerous non-profit and academic organizations. (shrink)

Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences (...) for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary. (shrink)

Hegel's Philosophy of History by Burleigh Taylor Wilkins Hegel on Reason and History. A Contemporary Interpretation by George Dennis O'Brien History and Theory.

In Just Fodder, Milburn argues for a relational account of our duties to animals. Following Clare Palmer, he argues that, though all animals have negative rights that we have a duty not to violate, we only gain positive obligations towards animals in the contexts of our relationships with them, which can be personal or political. He argues that human beings have collective positive duties towards domesticated animals, in virtue of the kind of relationship between us established by domestication. However, when (...) it comes to wild animals, he argues that we have no such morally relevant relationships, and so we have only negative duties towards them. I argue that throughout history and even prehistory human beings have morally entangled themselves with wild animals sufficiently that we may in fact have collective positive duties towards many, if not all, wild animals. (shrink)

This paper addresses the question “what connection is there between our answer to the question of what we are, and the question, what our actions are?” Suppose that actions are reflexive changes of agents. On that supposition, there would be a direct connection between the answers to those two questions. An action of mine will be a reflexive change of me, and what I am will fix the nature of those changes. I hold that supposition to be true and consider (...) reasons in favor of believing it. However, the paper is not primarily aimed at defense of that thesis. It rather concerned with exploring what consequences accepting it has for the competing notions of what we are, given what we ordinarily think actions are, and bringing to light a tension between thinking of actions as reflexive changes of agents in this way, and a kind of causal understanding of actions that is prevalent. What emerges is that we should shift where we start our theorizing: we cannot assume that action theory primarily involves the task of characterizing the relation between an agent and changes caused, rather than a characterization of a particular kind of relation between the agent and herself. (shrink)

It has been widely accepted that intentional actions are “the actions to which “a certain sense of the question ‘why?’ is given application” (Anscombe 1957/2000: 9). But there are robust reasons for thinking that this claim is false. First, there are intentional actions for which such questions are unsound. We have good reasons for thinking that the questions are not “given application” in these cases. Second, when these questions are “given application” this is best explained, it is argued, not in (...) terms of a necessary link between intentional action and this type of enquiry, but in terms of the fact that this is an enquiry that we pursue when we take an agent to have exercised certain of their rational capacities. (shrink)

My aim in this piece is to understand what kinds of acts sneering acts are. I aim to look at what sneering acts do and what social function they perform. In particular, I want to mark them out as acts of ‘making people feel’. I explore the grounds on which we might criticize sneering acts, and ask whether the thing that we do when we sneer is always vicious.

The charge of hypocrisy is a peculiar kind of accusation: it is damning and ubiquitous; it is used to deny the hypocrite standing to speak; and it is levelled against a great variety of conduct. Much of the philosophical literature on hypocrisy is aimed at explaining why hypocrisy is wrongful and worthy of censure. We focus instead on the use of the accusation of hypocrisy and argue for a revisionary claim. People think that hypocrisy in politics is bad and that (...) calling it out is good. Our novel claim is that even if hypocrisy in politics is bad (and that is a big if), calling it out is worse. We give a feminist case as to why accusations of hypocrisy are problematic. We also go further and claim that hypocrisy is a ubiquitous and perhaps even a necessary and beneficial part of political debate in liberal democracies. We also consider and reject candour as a possible alternative solution to hypocrisy in public debate. We argue that requiring people to be candid is not necessarily a good solution because it will often require one to divulge what is private when there are good reasons not to do so. (shrink)

In order to promote social distancing during the recent COVID-19 pandemic, physicians and healthcare systems have made efforts to replace in-person with virtual clinic visits when feasible. While these efforts have been well received and seem compatible with sound clinical practice, they do not perfectly replicate the experience of a face-to-face exchange between doctor and patient. This essay attempts to describe features of the virtual visit that distinguish it from its face-to-face analog and considers the phenomenological work of Emmanuel Levinas (...) in arguing that these differences may limit the force of the ethical summons a provider would otherwise experience before the face of a patient. The diminishment of this signal therapeutic experience may engender vocational as well as clinical consequences, which should be weighed against the practical benefits of the virtual visit as we consider whether our enthusiasm for this mode of practice should continue. (shrink)

How is it that we think and refer in the first-person way? For most philosophers in the analytic tradition, the problem is essentially this: how two apparently conflicting kinds of properties can be reconciled and united as properties of the same entity. What is special about the first person has to be reconciled with what is ordinary about it. The range of responses reduces to four basic options. The orthodox view is optimistic: there really is a way of reconciling these (...) apparently contradictory properties as contained within the same thing. The heretical views are pessimistic and content to be so: there is no such way, and that is because there is simply nothing to reconcile – because there is really nothing special about what is in question; or there is really nothing ordinary about it; or there is really nothing …. (shrink)

Longtermism is the view that positively influencing the long-term future is one of the key moral priorities of our time. Longtermists generally focus on humans, and neglect animals. This is a mistake. In this paper I will show that the basic argument for longtermism applies to animals at least as well as it does to humans, and that the reasons longtermists have given for ignoring animals do not withstand scrutiny. Because of their numbers, their capacity for suffering, and our ability (...) to influence their futures, animals ought to be a central concern of longtermists. Furthermore, I will suggest that longtermism is a fruitful framework for thinking about the wellbeing of animals, as it helps us to identify actions we can take now that have a reasonable chance of improving the wellbeing of animals over the very long term. (shrink)

Well‐functioning agents ordinarily have an excellent epistemic relationship to their intentional actions. This phenomenon is often characterized as knowledge of what one is doing and labeled “practical knowledge”. But when we examine it carefully, it seems to require a particular kind of understanding ‐ understanding of the normative structure of one's action. Three lines of argument are offered to support this Necessity of Understanding thesis. The first appeals to the nature of intentional action and the second to our everyday reasons (...) explanation of action. The final line of argument draws on a practical amnesia case in which an agent forgets her overall goal while acting. Implications of the Necessity of Understanding thesis for the widely endorsed non‐observational view of practical knowledge are briefly discussed. It is argued that support for the non‐observational view is weaker than has been appreciated. (shrink)

Prediction-based decisions, which are often made by utilizing the tools of machine learning, influence nearly all facets of modern life. Ethical concerns about this widespread practice have given rise to the field of fair machine learning and a number of fairness measures, mathematically precise definitions of fairness that purport to determine whether a given prediction-based decision system is fair. Following Reuben Binns (2017), we take ‘fairness’ in this context to be a placeholder for a variety of normative egalitarian considerations. We (...) explore a few fairness measures to suss out their egalitarian roots and evaluate them, both as formalizations of egalitarian ideas and as assertions of what fairness demands of predictive systems. We pay special attention to a recent and popular fairness measure, counterfactual fairness, which holds that a prediction about an individual is fair if it is the same in the actual world and any counterfactual world where the individual belongs to a different demographic group (cf. Kusner et al. (2018)). (shrink)

ABSTRACT This paper argues that the retort ‘easy for you to say’ is a complaint about the target’s standing, but that it invokes a standing norm that is unjustified. Moreover, I argue that in many cases the person for whom it is ‘easy to say’ should speak.

The 2015 Paris Agreement set a global warming limit of 2°C above preindustrial levels. Corporations play an important role in achieving this objective, and methods have recently been developed to map global climate targets to specific industries, and individual corporations within those industries. In this article, we assess whether Sustainability ratings capture corporate performance in meeting the 2°C target. We analyze nine rating schemes used by investors and three commonly used in academic studies. Most rating schemes do consider corporate greenhouse (...) gas emissions in their analysis, whereas only a minority scale emissions by factors that have the potential to allow benchmarking against science-based targets. None take the final step of mapping climate indicators against the 2°C target. Furthermore, we find a lack of consistency in the climate change ratings of the databases used in academic studies. These results are concerning in the context of being able to meet global climate change goals. (shrink)

Directed panspermia is the deliberate seeding of lifeless planets with microbes, in the hopes that, over evolutionary timescales, they will give rise to a complex self-sustaining biosphere on the target planet. Due to the immense distances and timescales involved, human beings are unlikely ever to see the fruits of their labours. Such missions must therefore be justified by appeal to values independent of human wellbeing. In this paper I investigate the values that a directed panspermia mission might promote. Paying special (...) attention to the outcome in which sentient animals evolve, I argue that we have strong reasons to believe the value of a mission would be negative. Research on wild animal suffering has shown that there is a huge amount of suffering among wild animals on Earth. I argue that there are structural features of evolution by natural selection which explain the prevalence of suffering on Earth, and make it predictable that suffering would prevail on the target planet too. Finally, using insights from procreative ethics I argue on non-consequentialist grounds that creators have duties to their sentient creations which cannot be met in directed panspermia missions. (shrink)

The dominant model for bioethical inquiry taught in medical schools is that of principlism. The heritage of this methodology can be traced to the Enlightenment project of generating a universalizable justification for normative morality arising from within the individual, rational agent. This project has been criticized by Alasdair MacIntyre who suggests that its failure has resulted in a fragmented and incoherent contemporary ethical framework characterized by fundamental intractability in moral debate. This incoherence implicates principlist conceptions of bioethics. Medical ethics as (...) practiced, though, is partially in keeping with teleological alternatives to principlism. Nonetheless, the hegemony of principlism threatens to harm the practice of good medicine whenever it is used to provide justification for the sanction or prohibition of practices, despite not being equipped to grant moral authority to such justifications. An example of this failure and its resulting harm is expressed in the growing obsolescence of living donor liver transplantation. (shrink)

Book reviewed in this article: Having Children: Philosophical and Legal Reflections on Parenthood. Edited by Onora O'Neill and William Ruddick.

Heidegger's thinking in the decades following the publication of Being and Time is often deemed irreconcilable with that work. Critics contrast the notion of "resoluteness" in Being and Time with Heidegger's post-war account of "releasement" in an attempt to establish a discrepancy between the allegedly voluntarist humanism of his early work and the supposedly 'anti-humanist' thinking of his later work. By contrast, Mahon O'Brien argues for the structural and thematic coherence of Heidegger's movement from authenticity to the search for (...) an authentic free relation to the world - as captured by the term "releasement". By demonstrating the structural and thematic unity of Heidegger's thought in its entirety, O'Brien paves the way for a more measured and philosophically grounded understanding of the issues at stake in the Heidegger controversy. (shrink)

Doctors have an ethical and legal duty to respect patient confidentiality. We consider the basis for this duty, looking particularly at the meaning and value of autonomy in health care. Enabling patients to decide how information about them is disclosed is an important element in autonomy and helps patients engage as active partners in their care.Good quality data is, however, essential for research, education, public health monitoring, and for many other activities essential to provision of health care. We discuss whether (...) it is necessary to choose between individual rights and the wider public interest and conclude that this should only rarely be necessary. The paper makes some recommendations on practical steps which could help ensure that good quality information is available for work which benefits society and the public health, while still enabling patients’ autonomy to be respected. (shrink)

A prime example of metaphor use is to denigrate marginalized populations as a means of supporting adverse social policies against group members. This article describes the use of organism, object, natural catastrophe/war and animal metaphors in the immigration restriction debate of the early 1900s. In addition to describing linguistic metaphors that served to dehumanize immigrants or portray them as a threat to social functioning, more global conceptual metaphors will also be discussed.

G. A. Cohen has argued that there is a surprising truth in conservatism—namely, that there is a reason for some valuable things to be preserved, even if they could be replaced with other, more valuable things. This conservative thesis is motivated, Cohen suggests, by our judgments about a range of hypothetical cases. After reconstructing Cohen's conservative thesis, I argue that the relevant judgments about these cases do not favor the conservative thesis over standard, nonconservative axiological views. But I then argue (...) that there is a Mirrored Histories case that is such that, if one shares Cohen's conservative attitude, judgments about this case favor Cohen's conservative thesis over a wide range of non-conservative axiological views. Reflection on this case also suggests a different explanation of apparently conservative judgments that merits consideration in its own right. (shrink)

In chapter 3 of Wild Animal Ethics Johannsen argues for a collective obligation based on beneficence to intervene in nature in order to reduce the suffering of wild animals. In the same chapter he claims that the non-identity problem is merely a “theoretical puzzle” which doesn’t affect our reasons for intervention. In this paper I argue that the non-identity problem affects both the strength and the nature of our reasons to intervene. By intervening in nature on a large scale we (...) change which animals come into existence. In doing so, we enable harmful animals to inflict harms on other animals, and we put other animals in harm’s way. The harms that these animals will inflict and endure are foreseeable. Furthermore, since non-human animals aren’t moral agents, harmful animals cannot be morally responsible for their harmful actions. I argue therefore that by causing animals to exist, knowing that they will inflict and suffer harms, we become morally responsible for those harms. By engaging in identity-affecting actions then we take on secondary moral duties towards the animals we have thereby caused to exist, and these secondary moral duties may be extremely demanding, even more so than the initial costs of intervention. Finally, these duties are duties of justice rather than duties of beneficence, and as such are more stringent than purely beneficence-based moral reasons. Furthermore, this conclusion flows naturally from several plausible principles which Johannsen explicitly endorses. (shrink)

_"The Essential Plotinus_ is a lifesaver. For many years my students in Greek and Roman Religion have depended on it to understand the transition from antiquity to the Middle Ages. The translation is crisp and clear, and the excerpts are just right for an introduction to Plotionus's many-layered view of the world and humankind’s place in it." --F. E. Romer, University of Arizona.

National Action Plans on business and human rights are a growing phenomenon. Since 2011, 42 such plans have been adopted or are in-development worldwide. By comparison, only 39 general human rights action plans were published between 1993 and 2021. In parallel, NAPs have attracted growing scholarly interest. While some studies highlight their potential to advance national compliance with international norms, others criticise NAPs as cosmetic devices that states use to deflect attention from persisting abuses and needed regulation. In response to (...) wider critiques of international human rights norms, and their failure to exact universal state compliance, experimentalist governance theory highlights the dynamic, dialogic and iterative character of human rights implementation as well as the role of stakeholders. In this article, we apply experimentalist governance theory to evaluate the role and character of business and human rights NAPs. Rather than attempting to evaluate NAPs’ ultimate consequences for rights-holders, which appears premature, we focus on NAPs processes. Specifically, we analyse NAPs processes in twenty-five states against five experimentalist governance criteria relating to stakeholder participation; agreement on a broad problem definition; local contextualisation; monitoring and peer review and periodic revision and learning. According to our findings, NAPs on business and human rights in most states demonstrate resemblance to the traits of experimentalist governance. In particular, our analysis points to the emergence of relatively sophisticated and demanding institutional governance mechanisms within NAPs — including the institutionalisation of complex deliberative processes. Nevertheless, our paper also identifies some significant shortcomings in NAPs, related to the lack of inclusion of vulnerable groups and the lack of explicit indicators and targets. (shrink)

Only women can bear the burdens of gestating fetuses. That fact, I suggest, bears on the morality of abortion. To illustrate and explain this point, I frame my discussion around Judith Jarvis Thomson's classic defense of abortion and Gina Schouten's recent feminist challenge to Thomson's defense. Thomson argued that, even assuming that fetuses are morally equivalent to persons, abortions are typically morally permissible. According to Schouten's feminist challenge to Thomson, however, if fetuses are morally equivalent to persons, then abortions are (...) typically morally impermissible because there is a collective moral obligation to care for the vulnerable. The consideration that is my topic, however, poses a problem for that feminist challenge to Thomson. There is reason to believe, I argue, that it is unfair that only women can bear the burdens of gestating fetuses. And, if that is unfair, it would undermine that feminist challenge to Thomson. I show, in other words, that there is a plausible and well‐motivated basis for believing that, even if fetuses are morally equivalent to persons and there is a collective obligation to care for the vulnerable, then abortions are nevertheless typically morally permissible. That is how fairness bears on the morality of abortion. (shrink)

The article A small Iowa farmer's perspective on COVID-19, written by Denise O’Brien, was originally published electronically on the publisher’s internet portal on 14 May 2020 with open access. With the author’ decision to step back from Open Choice, the copyright of the article changed December/2020 to © Springer Nature B.V. 2020 and the article is forthwith distributed under the terms of copyright.

A veteran nurse researcher and educator provides a spiritual perspective on the professional nurse's vocation of caring. Grounding each chapter in Scripture, O'Brien explores the Christian nurse's call to love as Jesus loved: without discrimination, reserve and, sometimes, reward.

Archaeologists have proposed that behavioral knowledge of a tool can be conceptualized as a “recipe”—a unit of cultural transmission that combines the preparation of raw materials, construction, and use of the tool, and contingency plans for repair and maintenance. This parallels theories in cognitive psychology that behavioral knowledge is hierarchically structured—sequences of actions are divided into higher level, partially independent subunits. Here we use an agent-based simulation model to explore the costs and benefits of hierarchical learning relative to holistic learning, (...) where entire behavioral sequences are learned in an all-or-nothing fashion, and diffusionist learning, where actions are completely independent. Hierarchical learning is favored under the reasonable assumptions that learning is associated with some degree of both error and cost, and that behavior can be grouped into subunits that repeat in one or more tool recipes. These general predictions can be tested in the archaeological and ethnographic record. Recent advances in evolutionary developmental biology have revealed a number of parallels between the hierarchically structured, recipe-like organization of behavioral knowledge that we examine here and the manner in which biological organisms develop. (shrink)