Many religiously minded materialist philosophers have attempted to understand the doctrine of the survival of death from within a physicalist approach. Their goal is not to show the doctrine false, but to explain how it can be true. One such approach has been developed by Peter van Inwagen. After explaining what I call the duplication objection, I present van Inwagen’s proposal and show how a proponent might attempt to solve the problem of duplication. I argue that the very features of (...) the view that aid the proponent in responding to the duplication objection entails the possibility of an impossible state of affairs—that two distinct persons can at the same time be identical with the same bundle of material simples. The religiously minded materialist is caught between the horns of a dilemma. One’s view regarding human persons must be robust enough to account for personal identity over time, and so not fall to the duplication objection. At the same time, the view must not entail the possibility of two persons temporarily having complete coincident existence. (shrink)

Many religiously minded materialist philosophers have attempted to understand the doctrine of the survival of death from within a physicalist approach. Their goal is not to show the doctrine false, but to explain how it can be true. One such approach has been developed by Peter van Inwagen. After explaining what I call the duplication objection, I present van Inwagen’s proposal and show how a proponent might attempt to solve the problem of duplication. I argue that the very features of (...) the view that aid the proponent in responding to the duplication objection entails the possibility of an impossible state of affairs—that two distinct persons can at the same time be identical with the same bundle of material simples. The religiously minded materialist is caught between the horns of a dilemma. One’s view regarding human persons must be robust enough to account for personal identity over time, and so not fall to the duplication objection. At the same time, the view must not entail the possibility of two persons temporarily having complete coincident existence. (shrink)

Mysticism is condemned as often as it is praised. Much of the condemnation comes from mysticism’s apparent disregard of morality and ethics. For mystics, the experience of “union” transcends all moral concern. In this careful examination of the works of such practitioners or examiners of mysticism as Paul Tillich, Thomas Merton, Evelyn Underhill, and Martin Buber, the author posits a spectrum of uneasy relationships between mysticism and morality. Horne explores the polarities of apophatic (imageless) and imaginative mysticism, the contemplative (...) and the active life, and morality and amorality. He stresses the importance of the distinction between “proper-name” (entirely personal) morality and “social” morality, for the history of Christian mysticism is a mix of minimal moral concern, proper-name morality, and social morality. The volume will be of interest to students of religious experience, ethics, and the recent history of mysticism. Carefully reasoned and documented, the argument is couched in clear prose, easily accessible to lay readers as well as to scholars. (shrink)

Two arguments Paul Snowdon has brought against the causal theory of perception are examined. One involves the claim that, based on the phenomenology of perceptual situations, it cannot be the case that perception is an essentially causal concept. The other is a reductio , according to which causal theorists’ arguments imply that a proposition Snowdon takes to be obviously non-causal ( A is married to B ) can be analyzed into some sort of indefinite ‘spousal connection’ plus a causal (...) ingredient . I conclude that neither argument is sound. The reason that Snowdon’s critiques fail is that, since causal theories need not be about ‘effect ends’ that are internally manifest to perceivers, no such ostensibly separable, non-causal property as it being to S as if he were perceiving O need be an essential element in a causal theory of perception. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Overtones:A CollagePaul Youngquist (bio)Mom leans against the keyboard of the old upright piano in the den. She puckers her lips and gently fingers the valves. A couple of times a month, she frees her trumpet from the purple velveteen lining its case—out of love or frustration I can never tell. She stares hard at the bell, pointed somewhere near my feet. She inhales deeply, pressing the silver mouthpiece to (...) her crumpled lips. A silent moment passes—torn by a noise pitched past the sun, a shrieking flare sound. Another follows and another, bright glissandos blinking out somewhere below middle C. They shatter everything I know about her. Everything I thought I knew. What sound was that, what cry? What aspiration to be free? After those initial stabs, she falls into familiar melodies: "Bugler's Holiday" by Leroy Anderson, maybe, or "When the Saints Go Marching In." I'm unsettled for the rest of the day.Trumpeter Don Cherry's sound unsettled me too. I was much older when I first encountered it on Ornette Coleman's The Shape of Jazz to Come. It took me back to Mom's cries. I heard her sound in his: bright, high, and transient: less pitch than smudge, transmitting unknowable overtones. On "Lonely Woman," for instance. Cherry states the plaintive melody in hazy unison with Coleman, blurs the third note, wavers and plays his peculiar temper, untimely and free to move beyond the platitudes of harmony until, after Coleman's baffled cry, he parts company to play a sixth above (if such language matters, and it doesn't), descending in half steps to resolve (not happily) on a minor third, Cherry now pitched below. Their unison breaks apart to reconverge, and the brief bridge feels like a heaving between sobs. This isn't music. It's too raw for the repartee of bebop or the sociability of swing. But everybody can feel it, which explains the scandal of Coleman and company's extended appearance in late 1959 at the Five Spot in New York's East Village. Writing in the New York Times Magazine years later, Joseph Hooper likened it to the furor erupting after Stravinsky's Paris premier of "The Rite of Spring" in 1913. In an interview with Terry Gross, Cherry remembers everyone who was musically anyone being there—from Leonard Bernstein to Thelonious Monk—to witness the sacrilege. The implacable trickster Charles Mingus appeared one [End Page 133] night with Phineas Newborn, a keyboard virtuoso famous for his perfect pitch. Newborn sat and stared at his cufflinks. He never played a note. After the set, Mingus barreled onto the stage and, with his long arms and big hands, crashed all the keys. "That's where it is," he bellowed. "It's all there." Everywhere and nowhere. Cherry and Ornette decentered intonation. They distempered tradition's scales. Afflicted with perfect pitch, Newborn couldn't follow their cries and whispers. They flew free from the comforting staff. Still you feel them, hear their immeasurable sound.Don Cherry: "I've always been on the outside, and that's a good quality for the music to have, like the wind in your face."Cherry's mother Daisy gave him his first horn when he was fourteen. It breathed life into him, offering a way to express sounds his body harbored. Born in Oklahoma City in 1936 to "Negro-Choctaw Indian parents" (his words—his mother's mother was half native), Cherry heard gospel, blues, and Indian songs from the start. The family's move to the Watts neighborhood of Los Angeles in 1940 only multiplied the sounds of diverse ethnicities mixed with the rumble of jazz from the Cherry Blossom, his father's club, where Don and his sister sometimes danced for dimes. His horn funneled all this sound—all the music he'd ever make—through a peculiarly powerful feeling: "that feeling to me, through as much music as I've learned, I still remember just that feeling when I first got that horn." What feeling exactly? "Infant happiness" (in-fant, not speaking). The feeling of life before language: "infant happiness, infant happiness, beautiful! That's what music is really... (shrink)

"This collection provides a powerful and sophisticated analysis of how environmental movements influence politics in Asia, and how politics influences movements." -- John S. Dryzek, Centenary Professor, University of Canberra "This important book reflects the challenges and questions currently foremost in scholars', activists' and policy-makers' minds-the Anthropocene, environmental justice, China's Belt and Road Initiative, and post-politics-all addressed through the lens of environmental movements in Asia. -- Jonathan Rigg, Professor at the School of Geographical Sciences, University of Bristol "How have authoritarianism, (...) democratization and political change affected environmentalism in East and Southeast Asia? How have environmental mobilization and demands for environmental justice at the grassroots influenced politics there? These are among the vital questions answered by this insightful and well-crafted volume." --Paul G. Harris, Chair Professor of Global and Environmental Studies, Education University of Hong Kong "This book shows convincingly that the concept of Anthropocene is as relevant in Asia as anywhere." -- Philip Hirsch, Emeritus Professor of Human Geography, University of Sydney "Despite its claims to universality, the Anthropocene concept remains largely a Western phenomenon. This book is crucial in correcting this view by putting environmental movements in Asia center stage." -- Eva Horn, Professor of Literature and Cultural History, University of Vienna. (shrink)

For some years now, Michael Bergmann has urged a dilemma against internalist theories of epistemic justification. For reasons I explain below, some epistemologists have thought that Michael Huemer’s principle of Phenomenal Conservatism can split the horns of Bergmann’s dilemma. Bergmann has recently argued, however, that PC must inevitably, like all other internalist views, fall prey to his dilemma. In this paper, I explain the nature of Bergmann’s dilemma and his reasons for thinking that PC cannot escape it before arguing that (...) he is mistaken: PC can indeed split its horns. (shrink)

Voluntariness of consent to research has not been sufficiently explored through empirical research. The aims of this study were to develop a more comprehensive approach to assessing voluntariness and to generate preliminary data on the extent and correlates of limitations on voluntariness. We developed a questionnaire to evaluate subjects’ reported motivations and constraints on voluntariness. 88 subjects in five different areas of clinical research—substance abuse, cancer, HIV, interventional cardiology, and depression—were assessed. Subjects reported a variety of motivations for participation. Offers (...) of financial incentives were common but not influential, pressures from others were rare, and no threats were reported. However, certain financial incentives and—paradoxically—altruistic motivations led some subjects to feel more constrained. Consistent with previous studies, no one pattern of motivation was common to all research subjects. There was little evidence of constrained voluntariness, but some suggestion of areas of concern. Voluntariness appears to be susceptible to systematic empirical investigation. (shrink)

This book is the fourth in a series of essay collections on defences in private law. It addresses defences to liability arising in equity. The essays range from those adopting a mainly doctrinal perspective to others that explore the law from a more philosophical perspective. Some essays concentrate on specific defences, while others are concerned with the links between defences, or with how defences relate to the structure of the law of equity generally. One aim of the book is to (...) shed light on equitable doctrines by analysing them through the lens of defences. The essays offer original contributions to this complex, important but neglected field of scholarly investigation. The contributors – judges, practitioners and academics – are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions. (shrink)

Volume 19, Issue 5, May 2019, Page 22-24.

In lieu of an abstract, here is a brief excerpt of the content:Ought We to Require Emotional Capacity as Part of Decisional Competence?Paul S. Appelbaum* (bio)AbstractThe preceding commentary by Louis Charland suggests that traditional cognitive views of decision-making competence err in not taking into account patients’ emotional capacities. Examined closely, however, Charland’s argument fails to escape the cognitive bias that he condemns. However, there may be stronger arguments for broadening the focus of competence assessment to include emotional capacities, centering (...) on the ways in which emotions aid humans in processing information. Before emotional capacities are added to the list of functions essential for decisional competence, though, the feasibility and utility of such a reorientation must be demonstrated.To what extent ought persons’ capacities to experience emotion be taken into account when determining whether they should be deemed competent to make their own decisions? In the previous article, Louis Charland (1998) argues that traditional models of decision-making competence—of which the MacArthur Competence Treatment Study is a typical example—are mistaken in focusing narrowly on persons’ cognitive abilities to the neglect of emotional factors. In contrast, he suggests, constructs of competence ought explicitly to require a capacity to experience emotions, which he believes is central to meaningful decision making, before deeming persons competent.Charland, as he acknowledges, is not the first to suggest that the presence of some degree of emotional capacity is a necessary element of competence, but his argument is among the most elaborate to date and is certainly worth closer examination. Looked at carefully, however, Charland’s argument does not make quite the case for the determination of emotional capacity in competence assessment that he claims for it. Indeed, as I demonstrate below, Charland may share the same “pernicious [End Page 377] cognitive bias” that he ascribes to more traditional approaches. However, despite what I identify as the problems in Charland’s argument, others have raised more disturbing questions about the lack of attention to emotional issues in competence assessment. Thus, I am not ready to reject entirely the possibility that determinations of decisional competence ought to consider emotional factors. I conclude by outlining the questions that remain to be answered to identify more clearly the potential benefits of such an approach.The Construct of Decision-Making CompetenceSome preliminary comments about the nature of the dominant construct of decision-making competence may provide a useful frame for my response to Charland’s paper. Contemporary ideas of competence are tied inextricably to the ideal of self-determination in modern Western societies. Such societies are committed to respect for individual choice, both as a good in its own right and on the grounds that each person knows best what choices will maximize his or her own welfare. In general, therefore, states will not intervene to prevent persons from acting on their decisions, even when the choices they make—like the decision to smoke or to refuse potentially life-saving medical care—may objectively be thought to be detrimental to them.In some cases, however, the presumption that people will act in their own interests, as well as the notion that there is something intrinsically valuable in respecting their choices, fails (Buchanan and Brock 1989). When people’s minds are so disordered that they cannot be said to be making meaningful choices, other values come into play. Such people are called “incompetent.” When persons reach that point, the state’s interest in protecting its citizens becomes primary and someone else must make decisions on their behalf. Note that the size of this group must be sharply limited, lest a liberal society’s commitment to self-determination be undermined: There is no more profound infringement of the rights of citizens than the determination that they are incompetent. Thus, the criteria for incompetence must be selected in a deliberately narrow fashion—alternately, one might say that the standards for competence are made intentionally broad—so that all but a tiny percentage of citizens will be permitted to make decisions on their own.In the Anglo-American world, the process of formulating criteria of competence by and large has been left to the common law courts. Over the course of centuries they have identified the capacities that are, in... (shrink)

(2002). Clarifying the Ethics of Clinical Research: A Path toward Avoiding the Therapeutic Misconception. The American Journal of Bioethics: Vol. 2, No. 2, pp. 22-23.

Genomic research—including whole genome sequencing and whole exome sequencing—has a growing presence in contemporary biomedical investigation. The capacity of sequencing techniques to generate results that go beyond the primary aims of the research—historically referred to as “incidental findings”—has generated considerable discussion as to how this information should be handled—that is, whether incidental results should be returned, and if so, which ones.Federal regulations governing most human subjects research in the United States require the disclosure of “the procedures to be followed” in (...) the research as part of the informed consent process. It seems reasonable to assume—and indeed, many commentators have concluded—that genomic investigators will be expected to inform participants about, among other procedures, the prospect that incidental findings will become available and the mechanisms for dealing with them. Investigators, most of whom will not have dealt with these issues before, will face considerable challenges in framing meaningful disclosures for research participants.To help in this task, we undertook to identify the elements that should be included in the informed consent process related to incidental findings. We did this by surveying a large number of genomic researchers (n = 241) and by conducting in‐depth interviews with a smaller number of researchers (n = 28) and genomic research participants (n = 20). Based on these findings, it seems clear to us that routine approaches to informed consent are not likely to be effective in genomic research in which the prospect of incidental findings exists. Ensuring that participants’ decisions are informed and meaningful will require innovative approaches to dealing with the consent issue. We have identified four prototypical models of a consent process for return of incidental findings. (shrink)

: Responding to the paper by Miller and Joffe, we review the development of the concept of therapeutic misconception (TM). Our concerns about TM's impact on informed consent do not derive from the belief that research subjects have poorer outcomes than persons receiving ordinary clinical care. Rather, we believe that subjects with TM cannot give an adequate informed consent to research participation, which harms their dignitary interests and their abilities to make meaningful decisions. Ironically, Miller and Joffe's approach ends up (...) largely embracing the very position that they inaccurately attribute to us: the belief that, with some exceptions, it is only the prospect of poorer outcomes that should motivate efforts to dispel TM. In the absence of empirical studies on the steps required to dispel TM and the impact of such procedures on subject recruitment, it is premature to surrender to the belief that TM must be widely tolerated in clinical research. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Examining the Ethics of Human Subjects ResearchPaul S. Appelbaum (bio)The work of the Advisory Committee on Human Radiation Experiments confirms once again the value of combining empirical and normative approaches to problems in clinical and research ethics. The Committee, like its predecessor, the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research, spent relatively modest sums of money gathering targeted data to inform (...) its deliberations. The results of the Committee’s research, which are discussed by Nancy Kass and Jeremy Sugarman in this issue of the Kennedy Institute of Ethics Journal, enhance our understanding of the current ethical status of human subjects research, helping to focus attention on areas of particular concern, and lay the basis for future research and policy development.My comments here focus on the two major empirical studies conducted by the Committee—the Research Proposal Review Project and the Subject Interview Study. I will underscore just a few of the primary findings from these studies, consider their limitations, and explore their implications. Readers interested in the details of the studies should consult the Committee’s Final Report (ACHRE 1995), on which I rely in part and which provides additional information on the methodology and findings of the studies.Research Proposal Review ProjectWhat can be learned from the Committee’s review of 125 federally-funded human research studies? In answering that question, one cannot ignore the irony inherent in the Committee’s decision to review documents related to institutional review board (IRB) consideration of the selected protocols. The single most frequent complaint about the current system for protecting human subjects is that IRBs focus almost exclusively on review of consent forms and other research documents, as if they bore some close relationship to what actually transpires between investigators and potential research subjects. Only a small number of studies examine the research consent process. Nevertheless, existing data strongly [End Page 283] suggest that subject recruitment often involves an extended process of courtship, during which the information contained in consent forms is only a small part of the information passed between investigators and subjects (Benson, Roth, and Winslade 1985; Lidz et al. 1984).Indeed, the second of the Committee’s studies—the Subject Interview Study, which is discussed below—appears to confirm these findings. In-depth interviews with 99 individuals who reported that they were former or current research subjects suggest that “[f]or many, the decision to participate seemed to have been made before the consent form was given to them, and they signed it almost as a formality” (ACHRE 1995 [GPO, p. 742; Oxford, p. 471]). 1 Why, then, did the Committee focus its attention on documents that in many cases seem to play only a tangential role in the consent process? As is the case with IRBs around the country, the answer appears to be that consent forms and related documents are the only easily available window on consent transactions. In addition, under the current system, consent forms constitute the part of the process that IRBs can influence most easily. Consequently, it suits almost everyone’s needs—except perhaps those of the research subjects—to pretend that they reflect what actually transpires in the recruitment process. To the Committee’s credit, it was well aware of this dilemma. Nonetheless, it struggled to wring valid lessons from these limited data in its Final Report.Perhaps the most interesting finding from the Research Proposal Review Project is just how poor so many consent forms are. Given the disproportionate emphasis that many IRBs place on the content of the forms, one would expect that investigators by now would have learned to design documents that meet objective standards of adequacy, such as those applied by the Committee. Indeed, except in the most unusual circumstances, doing so would virtually guarantee that the IRB will ask no further questions about subject recruitment procedures. Although the data justify the inference that many investigators do not yet understand which information is essential to communicate to potential subjects, nor have learned how to do so effectively, they also force us to a still more radical conclusion. If the IRBs were doing their jobs, the Committee... (shrink)

Liberal societies are built on a foundation of personal rights, including the right to make decisions about the medical treatment that one will receive or decline to receive. So essential to the liberal project is the power of individual choice that it will be abrogated only in the most extreme situations, in which persons seem to be unable to make rational decisions and thereby to protect their interests. A small number of decision-related abilities have been identified as relevant to the (...) determination of when a person will be deemed decisionally incapable: understanding, appreciation, reasoning, and choice. It would seem prudent to tinker with these standards cautiously—if at all.... (shrink)

Some years ago I received a phone call telling me that my mother, then in her eighties, had been found wandering the street outside her home. It was the first indication my wife and I had of Alzheimer's disease. We arrived to discover that my mother was incoherent, with the house in disorder, bills unpaid, and perishable food in the night table rather than the refrigerator. Having spent much of my career trying to improve the assessment of decisional capacity, in (...) part to avoid unnecessary deprivation of decision-making rights, I did not take lightly the step to have my mother declared incompetent. But it was necessary. This episode has been on my mind since I returned recently from a conference in Paris devoted to the United Nations Convention on the Rights of Persons with Disabilities. (shrink)

The American Journal of Bioethics, Volume 11, Issue 8, Page 17-18, August 2011.

Reply to a commentary by Felicitas Holzer and Ignacio Mastroleoon “Models of Consent to Return of Incidental Findings in Genomic Research.”.

The ‘universal cell reaction’ (UCR), a coordinated biphasic response to external (noxious and other) stimuli observed in all living cells, was described by Nasonov and his colleagues in the mid‐20th century. This work has received no attention from cell biologists in the West, but the UCR merits serious consideration. Although it is non‐specific, it is likely to be underpinned by precise mechanisms and, if these mechanisms were characterized and their relationship to the UCR elucidated, then our understanding of the integration (...) of cellular function could be improved. As a step towards identifying such mechanisms, I review some recent advances in understanding cell mechanics and the stress response and I suggest potentially testable hypotheses. There is a particular need for time‐course studies of cellular responses to different stimulus doses or intensities. I also suggest a correspondence with hormesis; re‐investigation of the UCR using modern biophysical and molecular‐biological techniques might throw light on this much‐discussed phenomenon. BioEssays 29:324–333, 2007. © 2007 Wiley Periodicals, Inc. (shrink)

In their article, Pickering, Newton-Howes, and Young argue that “a person who is considering or has already made a decision which appears seriously harmful to that person should in some case...

The eternal recurrence of the same. Simmel's critique ; Awareness ; Evidence ; Significance ; Coherence -- Demon or god? Deathbed revelation ; Daimonic prophecy ; Dionysian doctrine ; Diagnostic test -- The dwarf and the gateway. The gateway to Hades ; The dwarf's interpretation ; Zarathustra's cross-examination ; The inescapable cycle ; Crossing the gateway ; No time until rebirth ; The ancient memory ; Midnight swan song -- The great noon. Two conclusions ; Tragic end and analeptic satyr (...) play ; Zarathustra's hour ; Noon crucifixion ; Seventh-day convalescence ; Last temptation ; Third-day resurrection -- The laughing lions. Revaluation of values ; Dawn reunion ; Morning consecration ; Call to arms ; Final farewell and last will ; Zarathustra's great destiny -- The shepherd and the serpent. The eternally recurring human ; The future human ; Zarathustra the dragon-slayer ; The decapitation ; The heavy hammer ; No longer shepherd -- Circulus vitiosus deus. Impotence and revenge ; Backward-willing ; Self-redemption ; The third transformation ; The child spirit ; No longer human ; Zarathustra's dying gift -- Post-Zarathustra. Nietzsche and Zarathustra ; Reversing the bad conscience ; Atheism and the death of God ; Countering the ascetic ideal. (shrink)