The fair innings argument (FIA) is frequently put forward as a justification for denying elderly patients treatment when they are in competition with younger patients and resources are scarce. In this paper I will examine some arguments that are used to support the FIA. My conclusion will be that they do not stand up to scrutiny and therefore, the FIA should not be used to justify the denial of treatment to elderly patients, or to support rationing of health care by (...) age.There are six issues arising out of the FIA which are to be addressed. First, the implication that there is such a thing as a fair share of life. Second, whether it makes sense to talk of a fair share of resources in the context of health care and the FIA. Third, that 'fairness' is usually only mentioned with regard to the length of a person's life, and not to any other aspect of it. Fourth, if it is sensible to discuss the merits of the FIA without taking account of the 'all other things being equal' argument. Fifth, the difference between what is unfair and what is unfortunate. Finally, that it is tragic if a young person dies, but only unfortunate if an elderly person does. (shrink)

This paper is intended first for the formal argumentation community (see https://comma.csc.liv.ac.uk/). This community develops logics and systems modelling argumentation and dialogues. The community is in search of major applications areas for their models. One such application area e.g. is Law. The message of this paper is that there is another major application area for formal argumentation. There is an international community of sex offender therapist that is well established and well funded, and their therapy methods use (methods that can (...) be modelled by) formal argumentation and logic. This community presents a natural application area for formal argumentation. We thus describe in this paper how the sex offender therapists work, to give the formal argumentation researcher a view of this application area. What is especially important about this application area is that in order to model it and learn from it, the formal argumentation community have to evolve their formal methods and adapt to this new application. Part of this enhancement is to modify and import certain methods from other areas of Logic e.g. from Non-Monotonic logic. The members of the formal argumentation community are not familiar, on average, with other areas of logic, and so we also describe in this paper, what we need from neighbouring logics. This makes this paper of interest also to sex offender therapist as well. They may be already familiar with their own practices, but the additional logics described will be of interest to them. (shrink)

Sometimes, the availability of more evidence for a conclusion provides a reason to believe in its falsity. This counter-intuitive phenomenon is related to the idea of higher-order evidence, which has attracted broad interest in recent epistemological literature. Occasionally, providing more evidence for something weakens the case in its favor, by casting doubt on the probative value of other evidence of the same sort or on the fact-finder’s cognitive performance. We analyze this phenomenon, discuss its rationality, and outline possible application to (...) evidence law and to the law in general. It is suggested, inter alia, that such higher-order evidence may explain how judicial experience-based expertise in fact-finding is possible despite the absence of a feedback mechanism; and that fact-finders’ self-doubt regarding their own competence in making ‘beyond-reasonable doubt’ judgments might be reasonable and should not be ignored. (shrink)

The Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision, first leaked to the public on 2 May 2022 and officially released on 24 June 2022, overturned Roe v. Wade and thereby determined that abortion is no longer a federally protected right under the Constitution. Instead, the decision gives individual states the right to regulate abortion. Since the Dobbs decision first leaked, our institution has received numerous requests for permanent contraception from individuals stating that their motivation to pursue permanent contraception (...) was influenced by the Dobbs decision and concerns about their reproductive autonomy. Discussions with patients seeking permanent contraception since the Supreme Court’s leaked decision have led us to ask ourselves, is legislative anxiety an indication for surgery? This article presents a case series consisting of a convenience sample of 17 young, nulliparous individuals who sought out permanent contraception in the six months following the leak of the Dobbs decision. Healthcare professionals often feel discomfort in offering permanent contraception to young and nulliparous individuals. Accordingly, we discuss pertinent legal issues, review relevant ethical considerations, and offer a framework for these discussions intended to empower the consulting healthcare professional to center the bodily autonomy of every patient regardless of age, parity, or indication for permanent contraception. (shrink)

Name der Zeitschrift: Naharaim Jahrgang: 10 Heft: 1 Seiten: 39-55.

Cadaver organs should be automatically availableThe shortage of donor organs and tissue for transplantation constitutes an acute emergency which demands radical rethinking of our policies and radical measures. While estimates vary and are difficult to arrive at there is no doubt that the donor organ shortage costs literally hundreds of thousands of lives every year. “In the world as a whole there are an estimated 700 000 patients on dialysis . . .. In India alone 100 000 new patients present (...) with kidney failure each year” . Almost “three million Americans suffer from congestive heart failure . . . deaths related to this condition are estimated at 250 000 each year . . . 27 000 patients die annually from liver disease . . .. In Western Europe as a whole 40 000 patients await a kidney but only . . . 10 000 kidneys”1 become available. Nobody knows how many people fail to make it onto the waiting lists and fail to register in the statistics. “As of 24th November 2002 in the United Kingdom 667 people have donated organs, 2055 people have received transplants, and 5615 people are still awaiting transplants.”2Conscious of the terrible and unnecessary tragedy that figures like these represent I have been advocating for more than 20 years now some radical measures to stem this appalling waste of human life. The measure which is the subject of Hamer and Rivlin’s paper 3 concerns the automatic availability of all cadaver organs—a measure, which I first advocated publicly in 1983.4THE AUTOMATIC AVAILABILITY OF DONOR ORGANSWe need to begin by being clear about just what it is I propose and why. At the moment in the United Kingdom we …. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 33.3 (2000) 259-285 [Access article in PDF] The Personal, the Political, and Others: Audre Lorde Denouncing "The Second Sex Conference" 1 Lester C. Olsen Those of us who stand outside the circle of this society's definition of acceptable women; those of us who have been forged in the crucibles of difference--those of us who are poor, who are lesbians, who are Black, who are older--know that (...) survival is not an academic skill. It is learning how to stand alone, unpopular and sometimes reviled, and how to make common cause with those others identified as outside the structures in order to define and seek a world in which we can all flourish.--Audre Lorde, Sister Outsider 112Fifty years ago, in 1949, Simone de Beauvoir's book entitled The Second Sex was published in France. She did not consider herself a philosopher because, to her, a philosopher was "someone who has built a great system" (Simons and Benjamin 1979, 338). Her book, nonetheless, became a milestone in feminist philosophy, for it synthesizes elements of existentialism, phenomenology, and socialism in an account of women's situation in society. Central to this account is Beauvoir's concentration upon representations of "self" and "other." For example, Beauvoir affirmed, "The category of the Other is as primordial as consciousness itself. In most primitive societies, in the most ancient mythologies, one finds the expression of a duality--that of the Self and the Other. This duality was not originally attached to the division of the sexes; it was not dependent upon any empirical facts" (1993, xl). In an interview, Beauvoir stressed, "I believe that the Other is not simply an idealist relationship, it is a materialist relationship" (Simons and Benjamin 1979, 345). To develop her analysis, Beauvoir drew upon another binary, "master" and "slave." However, she concentrated on how women, as a category, had been subordinated as men's "other."Twenty years ago, in 1979, Audre Lorde delivered her best-known speech, "The Master's Tools Will Never Dismantle the Master's House," at an international conference held in honor of the thirtieth anniversary of [End Page 259] Beauvoir's book. According to conference organizer Jessica Benjamin and reporter Lilly Rivlin, writing together in Ms. magazine, "[M]ore than 800 women from all over the world gathered at a conference on feminist theory, 'The Second Sex--Thirty Years Later,' sponsored by the New York Institute for the Humanities" (1980, 48). Like most of the conference participants, Lorde was a woman, a feminist, a socialist, a public intellectual, and an activist scholar. Lorde may have participated in the conference as a "consultant," a poet at a public reading, and a speaker at a plenary session 2 because her feminist philosophy is of resonance to Beauvoir's. Both women rejected biology as the basis for women's situation, believing instead that material conditions are most fundamental. Both commented upon the power of symbolism, especially myths about others, in perpetuating social inequalities and failing to differentiate categories for others. Both saw the relationship between "self" and "other" as a vital and creative tension.To understand this tension, Beauvoir drew explicitly on Hegel's ideas as they were treated in Sartre's oeuvre (Lloyd 1983). In contrast, Lorde may have drawn upon conceptions of double consciousness among black public intellectuals in the United States (Henderson 1989, 17-21). Unlike Beauvoir, Lorde was a lesbian, a mother, and a black woman for whom Beauvoir's analogies between the status of women and the status of "Negroes" were problematic. Confronting the conference participants on the last day, during the last panel entitled "The Personal and the Political," Lorde condemned the conference for its limited range of speakers, its substance, its very structure. Lorde examined the ramifications of failing to include others as equals. For in failing to do so, the conference had employed the same tools of oppression over others that the participants deplored in the politics of patriarchy. Lorde challenged the conference participants, who presumably understood that Beauvoir had represented woman as... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 33.3 (2000) 259-285 [Access article in PDF] The Personal, the Political, and Others: Audre Lorde Denouncing "The Second Sex Conference" 1 Lester C. Olsen Those of us who stand outside the circle of this society's definition of acceptable women; those of us who have been forged in the crucibles of difference--those of us who are poor, who are lesbians, who are Black, who are older--know that (...) survival is not an academic skill. It is learning how to stand alone, unpopular and sometimes reviled, and how to make common cause with those others identified as outside the structures in order to define and seek a world in which we can all flourish.--Audre Lorde, Sister Outsider 112Fifty years ago, in 1949, Simone de Beauvoir's book entitled The Second Sex was published in France. She did not consider herself a philosopher because, to her, a philosopher was "someone who has built a great system" (Simons and Benjamin 1979, 338). Her book, nonetheless, became a milestone in feminist philosophy, for it synthesizes elements of existentialism, phenomenology, and socialism in an account of women's situation in society. Central to this account is Beauvoir's concentration upon representations of "self" and "other." For example, Beauvoir affirmed, "The category of the Other is as primordial as consciousness itself. In most primitive societies, in the most ancient mythologies, one finds the expression of a duality--that of the Self and the Other. This duality was not originally attached to the division of the sexes; it was not dependent upon any empirical facts" (1993, xl). In an interview, Beauvoir stressed, "I believe that the Other is not simply an idealist relationship, it is a materialist relationship" (Simons and Benjamin 1979, 345). To develop her analysis, Beauvoir drew upon another binary, "master" and "slave." However, she concentrated on how women, as a category, had been subordinated as men's "other."Twenty years ago, in 1979, Audre Lorde delivered her best-known speech, "The Master's Tools Will Never Dismantle the Master's House," at an international conference held in honor of the thirtieth anniversary of [End Page 259] Beauvoir's book. According to conference organizer Jessica Benjamin and reporter Lilly Rivlin, writing together in Ms. magazine, "[M]ore than 800 women from all over the world gathered at a conference on feminist theory, 'The Second Sex--Thirty Years Later,' sponsored by the New York Institute for the Humanities" (1980, 48). Like most of the conference participants, Lorde was a woman, a feminist, a socialist, a public intellectual, and an activist scholar. Lorde may have participated in the conference as a "consultant," a poet at a public reading, and a speaker at a plenary session 2 because her feminist philosophy is of resonance to Beauvoir's. Both women rejected biology as the basis for women's situation, believing instead that material conditions are most fundamental. Both commented upon the power of symbolism, especially myths about others, in perpetuating social inequalities and failing to differentiate categories for others. Both saw the relationship between "self" and "other" as a vital and creative tension.To understand this tension, Beauvoir drew explicitly on Hegel's ideas as they were treated in Sartre's oeuvre (Lloyd 1983). In contrast, Lorde may have drawn upon conceptions of double consciousness among black public intellectuals in the United States (Henderson 1989, 17-21). Unlike Beauvoir, Lorde was a lesbian, a mother, and a black woman for whom Beauvoir's analogies between the status of women and the status of "Negroes" were problematic. Confronting the conference participants on the last day, during the last panel entitled "The Personal and the Political," Lorde condemned the conference for its limited range of speakers, its substance, its very structure. Lorde examined the ramifications of failing to include others as equals. For in failing to do so, the conference had employed the same tools of oppression over others that the participants deplored in the politics of patriarchy. Lorde challenged the conference participants, who presumably understood that Beauvoir had represented woman as... (shrink)