The Canadian law governing informed consent was significantly influenced by the decision of its Supreme Court in Reibl v. Hughes, a case that involved a physician’s failure to warn the patient about the risk of stroke after carotid endarterectomy. Even though most Canadian plaintiffs after Reibl have continued to lose informed consent cases, it is likely that the judgement in this case has significantly influenced the manner in which physicians now approach the discussion of risk while obtaining consent not only (...) in Canada but also in several other jurisdictions.The development of informed consent law in the United States similarly became one of the drivers for change in physicians’ practices of information disclosure to their patients. The effect of Reibl on clinical practice is an outstanding example of the law’s positive influence on medical practice, especially in protecting patient autonomy during collaborative medical decision-making. (shrink)

This paper examines the case for an expanded interpretation of the concept of “material risk” such that it necessitates voluntary disclosure of physician inexperience with a specific medical procedure. Informed consent law in the United States, Canada, and most commonwealth jurisdictions has become a driver of standards of risk disclosure by physicians during the informed consent process. The legal standard of risk disclosure expected of a physician hinges on the interpretation of the entity called “material risk.” Any impairment of the (...) physician related to drug usage, disease, or alcohol which compounds the risk of a procedure is very likely to be considered material by a patient. This paper argues that physician inexperience is a factor that a reasonable patient would attach significance to and that it should therefore be viewed as a “material risk” requiring disclosure. (shrink)

Philosophers perennially debate the nature of the good for humans. Is it subjective or objective? That is to say, do the things that are intrinsically good for an agent, good for their own sakes and apart from further consequences, acquire this status only in virtue of how she happens to regard them? Or are there things that are good in themselves for an individual independently of her desires and attitudes toward them? The issue sounds recondite, but has been thought to (...) be pregnant with implications for politics as it ought to be. Plato vigorously insists that knowledge of the good is precious and the person who has it is uniquely fit to rule: "In the world of knowledge, the last thing to be perceived and only with great difficulty is the essential Form of Goodness. Once it is perceived, the conclusion must follow that, for all things, this is the cause of whatever is right and good; in the visible world it gives birth to the light and to the lord of light, while it is itself sovereign in the intelligible world and the parent of wisdom and truth. Without having had a vision of this Form no one can act with wisdom, either in his own life or in matters of state.". (shrink)

The gap between the number of organs available for transplant and the number of individuals who need transplanted organs continues to increase. At the same time, thousands of transplantable organs are needlessly overlooked every year for the single reason that they come from individuals who were declared dead according to cardio pulmonary criteria. Expanding the donor population to individuals who die uncontrolled cardiac deaths will reduce this disparity, but only if organ preservation efforts are utilized. Concern about potential legal liability (...) for temporary preservation of organs pending a search for family members appears to be one of the impediments to wider use of donation in cases of uncontrolled cardiac death in states without statutes explicitly authorizing such action. However, we think that the risk of liability for organ preservation under these circumstances is de minimis, and that concerns about legal impediments to preservation should yield to the ethical imperative of undertaking it. (shrink)

Nietzsche announces his intentions to publish a “physiology of aesthetics”, namely a naturalistic explanation for how aesthetic judgements are grounded in the physiology of both the one experiencing the work, and the creator of it. But as well as the physiological reduction of aesthetic judgements, Nietzsche in many places across his oeuvre frames the apparatus of physiology, especially the prescriptive dimension of self-cultivation, in terms amenable to being treated as ‘aesthetic’. The first section will mount a (re-) defense of the (...) use of aestheticized language for discussing Nietzschean self-cultivation. The second section demonstrates an aesthetic evaluation of capacities that make possible the acquisition and removal of instinctual components, ultimately arguing for Nietzsche’s qualified indeterminism regarding the capacity for self-cultivation. The third section will assess the pres- ence of another aesthetic measure, this time in terms of envisaging one’s psycho-physiology by reference to an external spectacle. The final section discusses metaethical questions stemming from Nietzsche’s prescriptive language regarding the aestheticization of our physiology. (shrink)

The standard adaptationist explanation of the presence of a sensory mechanism in an organism—that it detects properties useful to the organism—cannot be given for color vision. This is because colors do not exist. After arguing for this latter claim, I consider, but reject, nonadaptationist explanations. I conclude by proposing an explanation of how color vision could have adaptive value even though it does not detect properties in the environment.

Richard Rorty (1931–2007) was one of the most provocative and controversial philosophers of the past 50 years. He had a rare ability to combine sophisticated arguments with wit, charm, and humor. He was never dull – and he reached a wide public throughout the world. Originally trained in the history of philosophy and the grand tradition of metaphysics, he became fascinated with the linguistic turn in philosophy. During his early philosophical career, he wrote articles that were at the cutting (...) edge of analytic philosophy. He developed a new approach to the mind-body problem and raised troubling questions about the viability of the conceptual analysis of ordinary language. Soon, he began to question what he called the “Kantian foundations” of analytic philosophy. In 1979, he published Philosophy and the Mirror of Nature, a book that became an immediate sensation. Rorty, employing ingenious arguments, questioned the basis of analytic philosophy, and more generally the very idea of systematic philosophy. He called into question the Descartes-Locke-Kant tradition and claimed that the metaphor of the “mirror of nature” had misled philosophers into thinking that the task of philosophy is to “get things right” by representing objective reality. In the mid-twentieth century, the analytic-continental split in philosophy became bitterly entrenched. Many Anglo-American philosophers were convinced that linguistic analytic philosophy is “the only game in town.” They disdained what they took to be the lack of clarity and argumentative rigor among continental thinkers. The “compliment” was returned by continental thinkers who thought that much of analytic philosophy was trivial and insignificant. Rorty employed clever analytic techniques to challenge the pretentions of analytic philosophy. Many of his professional colleagues were furious. At the same time, Rorty engaged thinkers like Sartre, Heidegger, Gadamer, Habermas, Derrida, and Foucault. This delighted aficionados of continental philosophy – although they frequently judged his interpretations of these thinkers to be distorted caricatures. Rorty was one of the rare philosophers who transcended the analytic-continental split. At the same time, Rorty increasingly identified himself with the American pragmatic tradition. He entitled his 1982 collection of essays, “Consequences of Pragmatism,” which included his famous 1979 presidential address to the American Philosophical Association: “‘Pragmatism’ is a vague, ambiguous, and overworked word. Nevertheless it names the glory of our country’s intellectual tradition. No other American writers have offered so radical suggestion for making our future different from the past, as have James and Dewey” (Rorty 1982, p. 160). Rorty helped to revive a serious interest in James and Dewey. In the Introduction to Philosophy and the Mirror of Nature, he declared that the three most important philosophers of the twentieth century were Wittgenstein, Heidegger, and Dewey. Analytic philosophers might agree about the importance of Wittgenstein; continental thinkers might acknowledge the importance of Heidegger; but virtually no professional philosopher (except devotees of Dewey) would have ranked Dewey with the other two. Rorty claimed that each of these three thinkers had originally sought to find a new way to make philosophy “foundational,” but they came to realize that their earlier work was self-deceptive and they spent the rest of their time warning us against the temptations to which they had succumbed. “Their later work is therapeutic rather than constructive, edifying rather than systematic, designed to make the reader question his own motives for philosophizing rather than supply him with a new philosophical program.” (Rorty 1979, pp. 5–6) Rorty acknowledged that Dewey lacked Wittgenstein’s “dialectical acuity” and Heidegger’s “historical learning,” but Dewey articulated a vision of a new type of society. “In his ideal society, culture is no longer dominated by the ideal of objective cognition but by that of aesthetic enhancement. In that culture, as he said, the arts and sciences would be the ‘unforced flowers of life.” (Rorty 1979, p. 13) This was also Rorty’s vision of a liberal utopia. He developed this vision in Contingency, Irony, and Solidarity, where the central figure becomes the liberal ironist. Whereas Philosophy and the Mirror and Nature was filled with brilliant (although controversial) arguments, Rorty now debunked the role of argument in philosophy. “On the view of philosophy which I am offering, philosophers should not be asked for arguments against, for example, the correspondence theory of truth or the idea of the ‘intrinsic nature of reality’.” (Rorty 1989, p. 8) He favored redescription rather than argument. “I am not going to offer arguments against the vocabulary I want to replace. Instead, I am going to try to make the vocabulary I favor look attractive by showing how it may redescribe a variety of topics.” (Rorty 1989, p. 9) Interesting philosophy is not really a matter of argument at all but rather “a contrast between an entrenched vocabulary which has become a nuisance and a half-formed vocabulary which vaguely promises great things” (Rorty 1989, p. 9). Rorty deflated what many philosophers took to be the central concerns of philosophy, the nature of truth, reality, objectivity, knowledge, and morality. He sought to replace the appeal to objectivity with the appeal of solidarity. He is famous for his slogan “Take care of freedom and truth will take care of itself” (Rorty 1989, p. 176). Even admirers of Philosophy and the Mirror of Nature were distressed by the radical turn of Contingency where he suggested that novels, journalism, and literary reflection might be more effective than philosophical argumentation in bringing about his liberal utopia. Some of his fiercest critics claimed that Rorty could no longer be taken seriously as a philosopher. Contingency was savagely criticized and ridiculed, so much so that Rorty was provoked to write his revealing and delightful autobiographical sketch, “Trotsky and the Wild Orchids.” “I am sometimes told, by critics from both ends of the political spectrum, that my views are so weird as to be merely frivolous. They suspect that I will say anything to get a gasp, that I am just amusing myself by contradicting everybody else. This hurts. So I have tried, in what follows, to say something about how I got into my present position—how I got into philosophy, and then found myself unable to use philosophy for the purpose I had originally in mind.” (Rorty 1999, p. 5) What follows is an account of how Rorty grew up in a family that was deeply committed to furthering social justice. (“Trotsky” is a synecdoche for social justice.) Rorty also tells of his early nerdish love of the wild orchids of New Jersey. (“Wild orchids” is the synecdoche for private pleasures.) When Rorty became interested in philosophy, he wanted to find some intellectual or esthetic framework that would hold reality and justice in a single vision – one that would integrate social justice and private idiosyncratic pleasures. He tells the story of his eventual discovery that there was no such overarching framework and his growing realization that there was no need for such a framework. As a public citizen, one can be deeply committed to advancing social justice and at the same time, as a private person, enjoy idiosyncratic pleasures. There is no need to reconcile or synthesize these two incommensurable dimensions of human life. (shrink)

In her recent, provocative essay “What Is the Point of Equality?”, Elizabeth Anderson argues against a common ideal of egalitarian justice that she calls “ luck egalitarianism” and in favor of an approach she calls “democratic equality.”1 According to the luck egalitarian, the aim of justice as equality is to eliminate so far as is possible the impact on people’s lives of bad luck that falls on them through no fault or choice of their own. In the ideal luck egalitarian (...) society, there are no inequalities in people’s life prospects except those that arise through processes of voluntary choice or faulty conduct, for which the agents involved can reasonably be held responsible. Anderson asserts that the adherents of luck egalitarianism, which can be elaborated in many different ways, include John Roemer, Erik Rakowski, Thomas Nagel, Ronald Dworkin, Gerald Cohen, Richard Arneson, and Philippe Van Parijs.2 In contrast, according to the democratic equality conception, justice as equality requires an end to oppressive social relationships. In the ideal society of democratic equality, the social conditions of everyone’s freedom are secured, each stands to every other in a relationship of fundamental equality, including equal respect, and all have real freedom to participate in democratic self-government. (shrink)

All of these essays focus on the concept of modernity in the philosophical work of Jurgen Habermas - an ambitious and carefully argued intellectual project that invites, indeed demands, rigorous scrutiny. Following an introductory overview of Habermas's work by Richard Bernstein, Albrecht Wellmer's essay places the philosopher within the tradition of Hegel, Marx, Weber, and Critical Theory. Martin Jay discusses Habermas's views on art and aesthetics, and Joel Whitebook examines his interpretations of Freud and psychoanalysis, Anthony Giddens offers a (...) critical reading of Habermas's major work, "The Theory of Communicative Action. Richard Rorty criticizes the whole thrust of his program by way of a comparison with the work of the French philosopher of postmodernity, Jean-Francois Lyotard. And Thomas McCarthy concentrates on the question of the selectivity of rationalization processes in the modern age. Habermas himself has three contributions - on Marcuse, on neoconservativism, and a reply to the other essayists. Richard J. Bernstein is T. Wistar Brown Professor of Philosophy at Haverford College. He was editor of the journal "Praxis International, in which these essays recently appeared. "Habermas and Modernity "is included in the series Studies in contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

Leading philosophers and social thinkers, including Richard Rorty, Jacques Derrida, and Jurgen Habermas, pay tribute to the influential American philosopher Richard J. Bernstein.

Richard J. Bernstein argues that many of the important themes in philosophy during the past 150 years are variations and developments of ideas that were prominent in the classical American pragmatists: Charles S. Peirce, William James, John Dewey, and George H. Mead. The pragmatic thinkers reject a sharp dichotomy between subject and object, mind-body dualism, the quest for certainty, and the spectator theory of knowledge. They seek to bring about a sea change in philosophy that highlights the social character (...) of human experience and normative social practices, the self-correcting nature of all inquiry, and the continuity of theory and practice. And they - especially James, Dewey, and Mead - emphasize the democratic ethical-political consequences of a pragmatic orientation. Many of the themes developed by the pragmatic thinkers were central to the work of major twentieth-century philosophers such as Wittgenstein and Heidegger, but the so-called analytic/Continental split obscures this underlying continuity. Bernstein develops an alternative reading of contemporary philosophy that brings out the persistence and continuity of pragmatic themes. He explains why the discussion of pragmatism is alive, varied, and widespread"--Jacket. (shrink)

In this major new work, Bernstein explores the ethical and political dimensions of the modernity/post-modernity debate. Bernstein argues that modernity / post-modernity should be understood as a kind of mood - one which is amorphous, shifting and protean but which exerts a powerful influence on our current thinking. Focusing on thinkers such as Heidegger, Derrida, Foucault, Habermas and Rorty, Bernstein probes the strengths and weaknesses of their work, and shows how they have contributed to the formation of a new mood, (...) a new and distinctive constellation of ideas. This new constellation has put ethical and political issues back on the philosophical agenda, forcing us to confront anew, the Socratic question 'How should I live?'. (shrink)

This essay surveys varieties of the luck egalitarian project in an exploratory spirit, seeking to identify lines of thought that are worth developing further and that might ultimately prove morally acceptable. I do not attend directly to the critics and assess their concerns; I have done that in other essays. 7 I do seek to identify some large fault lines, divisions in ways of approaching the task of constructing a theory of justice or of conceiving its substance. These are controversial (...) in the sense that in the present state of discussion it is unclear how best to view them or to which side it is better to scramble. But in the end of course I’m not a moral geographer and map-maker, just an involved spectator/tourist offering yet another view of the cathedral. (shrink)

Prioritarianism holds that improvements in someone's life are morally more valuable, the worse off the person would otherwise be. The doctrine is impartial, holding that a gain in one person's life counts exactly the same as an identical gain in the life of anyone equally well off. If we have some duty of beneficence to make the world better, prioritarianism specifies the content of the duty. Unlike the utilitarian, the prioritarian holds that we should not only seek to increase human (...) well-being, but also distribute it fairly across persons, by tilting in favor of the worse off. A variant version adds that we should also give priority to the morally deserving – to saints over scoundrels. The view is a standard for right choice of individual actions and public policies, offering a distinctive alternative to utilitarianism, sufficiency and egalitarianism. (shrink)

Richard J. Bernstein is Vera List Professor of Philosophy at the New School for Social Research. The Essays: Philosophy, History, and Critique.

Drawing freely and expertly from Continental and analytic traditions, Richard Bernstein examines a number of debates and controversies exemplified in the works of Gadamer, Habermas, Rorty, and Arendt. He argues that a "new conversation" is emerging about human rationality—a new understanding that emphasizes its practical character and has important ramifications both for thought and action.

Emotion is normally regulated in the human brain by a complex circuit consisting of the orbital frontal cortex, amygdala, anterior cingulate cortex, and several other interconnected regions. There are both genetic and environmental contributions to the structure and function of this circuitry. We posit that impulsive aggression and violence arise as a consequence of faulty emotion regulation. Indeed, the prefrontal cortex receives a major serotonergic projection, which is dysfunctional in individuals who show impulsive violence. Individuals vulnerable to faulty regulation of (...) negative emotion are at risk for violence and aggression. Research on the neural circuitry of emotion regulation suggests new avenues of intervention for such at-risk populations. (shrink)

This volume is a comprehensive roadmap to the burgeoning area of affective sciences, which now spans several disciplines. The Handbook brings together, for the first time, the various strands of inquiry and latest research in the scientific study of the relationship between the mechanisms of the brain and the psychology of mind. In recent years, scientists have made considerable advances in understanding how brain processes shape emotions and are changed by human emotion. Drawing on a wide range of neuroimaging techniques, (...) neuropsychological assessment, and clinical research, scientists are beginning to understand the biological mechanisms for emotions. As a result, researchers are gaining insight into such compelling questions as: How do people experience life emotionally? Why do people respond so differently to the same experiences? What can the face tell us about internal states? How does emotion in significant social relationships influence health? Are there basic emotions common to all humans? This volume brings together the most eminent scholars in the field to present, in sixty original chapters, the latest research and theories in the field. The book is divided into ten sections: Neuroscience; Autonomic Psychophysiology; Genetics and Development; Expression; Components of Emotion; Personality; Emotion and Social Processes; Adaptation, Culture, and Evolution; Emotion and Psychopathology; and Emotion and Health. This major new volume will be an invaluable resource for researchers that will define affective sciences for the next decade. (shrink)

"A fascinating and timely treatment of the objectivism versus relativism debates occurring in philosophy of science, literary theory, the social sciences, ...

At present, there is an enormous gulf between the visibility of evil and the paucity of our intellectual resources for coming to grips with it. We have been flooded with images of death camps, terrorist attacks and horrendous human suffering. Yet when we ask what we mean by radical evil and how we are to account for it, we seem to be at a loss for proper responses. Bernstein seeks to discover what we can learn about the meaning of evil (...) and human responsibility. He turns to philosophers such as Kant, who coined the expression 'radical evil', as well as to Hegel and Schelling. He also examines more recent explorations of evil, namely the thinking of Freud and Nietzsche on the moral psychology of evil. Finally, he looks at the way in which three post-Holocaust thinkers - Emmanuel Levinas, Hans Jonas, and Hannah Arendt - have sought to come to grips with evil "after Auschwitz." Bernstein's primary concern throughout this challenging book is to enrich and deepen our understanding of evil in the contemporary world, and to emphasize the vigilance and personal responsibility required for combating it. Radical Evil will be essential reading for students and scholars of philosophy, social and political theory, and religious studies. (shrink)

What is the good for human persons? If I am trying to lead the best possible life I could lead, not the morally best life, but the life that is best for me, what exactly am I seeking?This phrasing of the question I will be pursuing may sound tendentious, so some explanation is needed. What is good for one person, we ordinarily suppose, can conflict with what is good for other persons and with what is required by morality. A prudent (...) person seeks her own good efficiently; she selects the best available means to her good. If we call the value that a person seeks when she is being prudent “prudential value,” then an alternative rendering of the question to be addressed in this essay is “What is prudential value?” We can also say that an individual flourishes or has a life high in well-being when her life is high in prudential value. Of course, these common-sense appearances that the good for an individual, the good for other persons, and the requirements of morality often are in conflict might be deceiving. For all that I have said here, the correct theory of individual good might yield the result that sacrificing oneself for the sake of other people or for the sake of a morally worthy cause can never occur, because helping others and being moral always maximize one's own good. But this would be the surprising result of a theory, not something we should presuppose at the start of inquiry. When a friend has a baby and I express a conventional wish that the child have a good life, I mean a life that is good for the child, not a life that merely helps others or merely respects the constraints of morality. After all, a life that is altruistic and perfectly moral, we suppose, could be a life that is pure hell for the person who lives it—a succession of horrible headaches marked by no achievements or attainments of anything worthwhile and ending in agonizing death at a young age. So the question remains, what constitutes a life that is good for the person who is living it? (shrink)

The development of a defensible and fecund notion of emergence has been dogged by a number of threshold issues neatly highlighted in a recent paper by Jaegwon Kim. We argue that physicalist assumptions confuse and vitiate the whole project. In particular, his contention that emergence entails supervenience is contradicted by his own argument that the ‘microstructure’ of an object belongs to the whole object, not to its constituents. And his argument against the possibility of downward causation is question-begging and makes (...) false assumptions about causal sufficiency. We argue, on the contrary, for a rejection of the deeply entrenched assumption, shared by physicalists and Cartesians alike, that what basically exists are things (entities, substances). Our best physics tells us that there are no basic particulars, only fields in process. We need an ontology which gives priority to organization, which is inherently relational. Reflection upon the fact that all biological creatures are far-from-equilibrium systems, whose very persistence depend upon their interactions with their environment, reveals incoherence in the notion of an ‘emergence base’. (shrink)