In philosophical analyses of the value of sport, a relatively unheralded feature is the opportunity that sport offers for admiration. While we readily salute many of the things that people admire (...

ABSTRACTIn philosophical analyses of the value of sport, a relatively unheralded feature is the opportunity that sport offers for admiration. While we readily salute many of the things that people...

In the debate over proper judicial interpretation of the law, the doctrine of Originalism has been subjected to numerous, seemingly fatal criticisms. Despite the exposure of flaws that would normally bury a theory, however, Originalism continues to attract tremendous support, seeming to many to be the most sensible theory on offer. This paper examines its resilient appeal (with a particular focus on Scalia's Textualism).By surveying and identifying the fundamental weaknesses of three of the leading alternatives to Originalism (Popular Will theory, (...) Dworkin's value theory, and Minimalism), the paper demonstrates that the heart of Originalism's appeal rests in its promise of objectivity. The paper also establishes, however, that Originalism suffers from a misguided conception of what objectivity is. All camps in this debate, in fact, suffer from serious misunderstandings of the nature of objectivity. (shrink)

The emphasis on evidence based medicine (EBM) has placed increased focus on finding timely answers to clinical questions in presence of patients. Using a combination of natural language processing for the generation of clinical excerpts and information theoretic distance based clustering, we evaluated multiple approaches for the efficient presentation of context-sensitive EBM excerpts.

This paper explores the relationship between tolerance, forgiveness, and justice. Contrary to prevailing wisdom, it argues that tolerance and forgiveness are not independent virtues vying with justice for our allegiance, but that they fall under justice’s imperative to judge other people objectively and treat them as they deserve. Misguided extensions of tolerance and forgiveness imperil the very values that ethics is designed to promote. Thus tolerance and forgiveness are neither virtues nor vices; they are appropriate only when authorised by justice. (...) The paper clarifies the common confusion of tolerance with respect for individuals’ rights, and argues that forgiveness is not a supererogatory act of generosity, but is sometimes morally required. (shrink)

Viable Values examines the most basic foundations of value and morality, demonstrating the shortcomings of major traditional views and proposing that morality is grounded in the objective requirements of human life. Smith argues that morality depends on a proper understanding of the concept of values, and that values depend on the alternative of life or death. She proposes that human beings need to be moral in order to live, explaining how life is the standard of morality, how flourishing is (...) the proper end and reward of living morally, and how an intelligent egoism is the path to flourishing. (shrink)

Ayn Rand is well known for advocating egoism, but the substance of that instruction is rarely understood. Far from representing the rejection of morality, selfishness, in Rand's view, actually demands the practice of a systematic code of ethics. This book explains the fundamental virtues that Rand considers vital for a person to achieve his objective well-being: rationality, honesty, independence, justice, integrity, productiveness, and pride. Tracing Rand's account of the harmony of human beings' rational interests, Smith examines what each of (...) these virtues consists of, why it is a virtue, and what it demands of a person in practice. Along the way she addresses the status of several conventional virtues within Rand's theory, considering traits such as kindness, charity, generosity, temperance, courage, forgiveness, and humility. Ayn Rand's Normative Ethics thus offers an in-depth exploration of several specific virtues and an illuminating integration of these with the broader theory of egoism. (shrink)

This essay contends that the debate between subjectivism and objectivism in ethics is better understood as a dispute among three alternatives: subjectivism, objectivism, and intrinsicism. Ayn Rand has identified intrinsicism – the belief that certain things are good “in, by, and of” themselves – as the doctrine that is actually operative in many defenses of moral objectivity. What intrinsicism fails to appreciate, however, is the significant role of the subject, the person to whom and for whom anything can be valuable. (...) Objective value, in Rand's view, is relational. Its existence depends on contributions of both external reality and human consciousness. Values are not reducible to psychological states, as in subjectivism, but nor are they independent of them, as in intrinsicism. Objectivity in ethics is attained neither through revelation of the intrinsic property of goodness nor through the subject's creation of goodness, but through a rational procedure of evaluation that is governed by the method of objectivity. This essay is in three parts, explaining Rand's view of exactly what intrinsicism is; elaborating on her view of the nature of moral objectivity; and highlighting certain features that make plain the differences between an intrinsicist and an objectivist account of value. (shrink)

Since the recent work of Carol Gilligan, Nel Noddings, and others, it has become commonplace in moral philosophy to employ a dichotomy between an ethics of “Care” and an ethics of “Rights.” Gilligan claims that men and women view moral issues in fundamentally divergent ways. Responses to moral problems tend to divide along lines emphasizing respect for rights, in the case of men, and caring for others, in the case of women. Inspired by these findings, several authors have classified moral (...) theories in two basic camps, revolving around the injunction to care or the mandate to respect rights. While many concede that the Care and Rights perspectives are not mutually exclusive, it is increasingly common to view ethicists as forced to choose between these two types of theories. (shrink)

In contemporary discussions, so many moral and political controversies revolve around conflicting demands on resources that it is easy to assume that ethics simply is a means of divvying up a limited pool of coveted goods. Discussions of distributive justice, rights conflicts, environmental‐ism and international relations, for instance, are typically framed along these lines. Since Hobbes, we have been bred on the idea that moral prescriptions are a means of coping with disputes between people who have incompatible designs on finite (...) resources. Even those who have resisted Hobbes' portrait of life as war have done so by appealing to aspects of humanity that Hobbes underestimated (such as capacities for benevolence or empathy), rather than by challenging his premise that people's appetites exceed the resources available to satisfy them. (shrink)

This is the first scholarly study of Atlas Shrugged, covering in detail the historical, literary, and philosophical aspects of Ayn Rand's magnum opus. Topics explored in depth include the history behind the novel's creation, publication, and reception; its nature as a romantic novel; and its presentation of a radical new philosophy.

Pride has been denounced as one of the seven deadly sins and praised as the crown of the virtues. Perhaps because of the difficulty of navigating between these appraisals, pride has not been paid very much attention by ethicists. Moreover, pride is so familiar as a feeling that the suggestion that it could be a virtue may seem misplaced.

How should courts interpret the law? While all agree that courts must be objective, people differ sharply over what this demands in practice: fidelity to the text? To the will of the people? To certain moral ideals? In Judicial Review in an Objective Legal System, Tara Smith breaks through the false dichotomies inherent in dominant theories - various forms of originalism, living constitutionalism, and minimalism - to present a new approach to judicial review. She contends that we cannot (...) assess judicial review in isolation from the larger enterprise of which it is a part. By providing careful clarification of both the function of the legal system as well as of objectivity itself, she produces a compelling, firmly grounded account of genuinely objective judicial review. Smith's innovative approach marks a welcome advance for anyone interested in legal objectivity and individual rights. (shrink)

Ayn Rand is well known for advocating egoism, but the substance of that instruction is rarely understood. Far from representing the rejection of morality, selfishness, in Rand's view, actually demands the practice of a systematic code of ethics. This book explains the fundamental virtues that Rand considers vital for a person to achieve their objective well-being: rationality, honesty, independence, justice, integrity, productiveness, and pride. Tracing Rand's account of the value and harmony of human beings' rational interests, Smith examines what (...) each of these virtues consists of, why it is a virtue, and what it demands of people in practice. Along the way she addresses the status of several conventional virtues within Rand's theory, considering traits such as kindness, charity, generosity, temperance, courage, forgiveness, and humility. Ayn Rand's Normative Ethics thus offers an in-depth exploration of several specific virtues and an illuminating integration of these with the broader theory of egoism. (shrink)

This chapter presents some of Ayn Rand's express condemnations of non‐objective law and then indicates the underlying principles of government that explain these assessments. It also discusses the implications of Rand's view for the traditional Natural Law‐Positivism dispute over the authority of law and for the moral status of the Rule of Law. In particular, the chapter shows why the Rule of Law, on what she regards as a proper conception of objective law, is emphatically a moral ideal. The broad (...) scope of Rand's conception of objective law is explained not only by her view of the function of government, but also by her understanding of objectivity itself. In the sense in which the term applies to man‐made things, objectivity is normative. Rand's analysis suggests that the propriety of the Rule of Law rests, at bottom, in its objectivity. The Rule of Law banishes subjectivism. (shrink)

This paper examines a particular type of argument often employed to defend welfare rights. This argument contends that welfare rights are a necessary supplement to liberty rights because rights to freedom become hollow when their bearers are not able to take advantage of their freedom. Rights to be provided with certain goods are thus a natural outgrowth of a genuine concern to protect freedom.I argue that this reasoning suffers from two fatal flaws. First, it rests on an erroneous notion of (...) what it is to have a right, neglecting the fact that the exact source of a person's inability to exercise a right is crucial to determining whether that right is being respected. Second, the argument equivocates as to the freedom that rights are intended to protect, sometimes confusing freedom with ability, sometimes confusing not being free with not having other desired things, and sometimes confusing what a person is able to do with what a person is entitled to do. (shrink)

In recent decades, we have seen a remarkable proliferation of the kinds of moral rights that people are thought to have. While many of these new rights have gained sizable support, the theoretical underpinnings of all rights have remained uncertain. The danger in the growth of rights claims is that we may weaken rights. As more and more desirable goods are demanded as people's "rights," the actual protection which rights afford is diminished. Abundant rights will bump up against one another, (...) preventing many rights from being fully satisfied. The long-term effect of this rights inflation will be the erosion of the value of rights, rather than the intended aim of enhanced security for people. ;The dissertation examines in two stages what the status of rights should be. First, it explores the history of the notion of rights, the exact meaning of what it is to have a right, and the obligations which rights place on other persons. It also presents an argument defending the view that all people have certain moral rights "naturally," independently of social creation or recognition. ;The second stage of the discussion focusses more directly on certain aspects of the recent expansion of rights claims. It delineates the logical and practical implications of rights "conflicts" which the boom in rights precipitates. Finally, it considers one particular type of rights which has been enjoying increasing acceptance: rights to be provided with concrete goods . ;The major conclusions reached are first, that the notion of "natural" moral rights is a credible and valuable component within an adequate moral theory; second, that individuals do have extensive rights to freedom of action; third, that "natural" moral rights cannot directly conflict with one another; and fourth, that welfare rights are spurious. ;As a whole, this work is intended largely as a caution to tame the recent enthusiasm for rights. Restraint is needed in order to preserve rights, and to allow rights to exert their protective powers to individuals more effectively. (shrink)

This series is intended to provide students and general readers with brief and accessible insight into the ideas of major philosophers. Allan Gotthelf, a distinguished Aristotle scholar, has been intimately familiar with Rands philosophy for nearly forty years, having participated in workshops that Rand gave in the 1960s and 1970s. Gotthelf joins scholarly rigor with firsthand knowledge of Rands thought to provide a systematic introduction to Rands philosophy, objectivism. The result is absorbing.

Ayn Rand's first novel, We the Living, offers an early form of the author's nascent philosophy—the philosophy Rand later called Objectivism. Robert Mayhew's collection of entirely new essays brings together pre-eminent scholars of Rand's writing. In part a history of We the Living, from its earliest drafts to the Italian film later based upon it, Mayhew's collection goes on to explore the enduring significance of Rand's first novel as a work both of philosophy and of literature.

The article questions the concept of post-normal science and emphasizes that despite the declarative detachment from social practice and freedom from politics, de facto science has always been social. On the one hand, the scientific community has always been aristocratic. The “classical ethos” of science presupposes openness and equality on conditions that require enormous efforts and self-sacrifice, this equality is beyond the norm, because a “normal” scientist is, as K. Popper noted, mediocrity. On the other hand, scientists at all times (...) have taken an active social position, and the development of science has always been closely intertwined with social practices and the political process, as is well shown by T. Porter, L. Pinto, S. Shapin and S. Schaffer. From this point of view, science has always been post-normal – the “solutions” are always “urgent”, and the corresponding “stakes” are invariably “high”. However, the aristocracy of the scientific ethos and the declarative isolation of the scientific community from policy and politics are of fundamental importance for the reproduction of science, which practically cannot, but is morally obliged to remain outside of them. To help practice, the scientist must be impractical; to create a norm, a scientist must be abnormal. (shrink)

v. 1. Nicomachean ethics. Politics. The Athenian Constitution. Rhetoric. On Poetics.--v. 2. Logic.--v. 3. Physics. Metaphysics. On the soul. Short physical treaties.--v. 4. On the heavens. On generation and corruption. Meteorology. Biological treatises.

The paper presents the outlines of an ontology of plans and guidelines, which is then used as the basis for a framework for implementing guideline-based systems for the management of workflow in health care organizations. The framework has a number of special features, above all in that it enables us to represent in formal terms assignments of work-items both to individuals and to teams and to tailor guideline to specific contexts of application in health care organizations. It is designed also (...) to enable implementations to do justice to the fact that the processes carried out in health care organizations may deviate in different ways from the norms set forth in corresponding guideline definitions. This means that implementations built in conformity with the framework will be marked by a type of flexibility that might make them more likely to be accepted by healthcare professionals than are standard guideline-based management systems. (shrink)

In this paper, we present the results of two surveys that investigate subjects’ judgments about what can be known or justifiably believed about lottery outcomes on the basis of statistical evidence, testimonial evidence, and “mixed” evidence, while considering possible anchoring and priming effects. We discuss these results in light of seven distinct hypotheses that capture various claims made by philosophers about lay people’s lottery judgments. We conclude by summarizing the main findings, pointing to future research, and comparing our findings to (...) recent studies by Turri and Friedman. (shrink)

The notion of risk plays a central role in economics, finance, health, psychology, law and elsewhere, and is prevalent in managing challenges and resources in day-to-day life. In recent work, Duncan Pritchard (2015, 2016) has argued against the orthodox probabilistic conception of risk on which the risk of a hypothetical scenario is determined by how probable it is, and in favour of a modal conception on which the risk of a hypothetical scenario is determined by how modally close it is. (...) In this article, we use Pritchard’s discussion as a springboard for a more wide-ranging discussion of the notion of risk. We introduce three different conceptions of risk: the standard probabilistic conception, Pritchard’s modal conception, and a normalcy conception that is new (though it has some precursors in the psychological literature on risk perception). Ultimately, we argue that the modal conception is ill-suited to the roles that a notion of risk is required to play and explore the prospects for a form of pluralism about risk, embracing both the probabilistic and the normalcy conceptions. (shrink)

This book offers geographical perspectives on the condition of the United States at the outset of the twenty-first century. It compares the American ideals of liberty, equality, individual opportunity, and social improvement with the contemporary condition of the regions, states and localities - the ideal American space with its reality as a place. It uses the public standard provided by the official ideology of the United States to see how well things are really going. The authors consider the contrast between (...) ideal and reality at local, state, and national levels in education, health, and welfare, in community, race, gender, and class relations, in economic and industrial development, and in the use and exploitation of America's landscape. Each chapter addresses the issues through evidence of long-term and recent trends, and grounds its arguments in information. American Space/American Place provides a series of compelling insights into the current condition of American society, its natural environment, and its place within the world. (shrink)

Contemporary philosophers are increasingly turning to the work of Emmanuel Levinas to bring a consideration of ethics into their own thinking. As an exponent of the phenomenological tradition, Levinas ranks with Heidegger and Sartre; as a disciple of Husserl, he was one of the most independent and original interpreters, testifying to the fruitfulness of Husserl's phenomenology. In collecting almost all of Levinas's articles on Husserlian phenomenology, this volume gathers together a wealth of thoughtful exposition and interpretation by one of the (...) most important European philosophers of the twentieth century. Levinas's thought is relevant to a broad variety of disciplines and concerns. This volume serves as a reliable introduction for the beginning student, as well as satisfying the expert's more demanding and critical desire for insight into the complexities of Levinas's thought. (shrink)

We describe and analyze 13 cases handled by our ethics consultation service (ECS) in which families requested continuation of physiological support for loved ones after death by neurological criteria (DNC) had been declared. These ethics consultations took place between 2005 and 2013. Patients’ ages ranged from 14 to 85. Continued mechanical ventilation was the focal intervention sought by all families. The ECS’s advice and recommendations generally promoted “reasonable accommodation” of the requests, balancing compassion for grieving families with other ethical and (...) moral concerns such as stewardship of resources, professional integrity, and moral distress. In cases we characterized as finitegoal accommodation, a “reasonable accommodation” strategy proved effective in balancing stakeholders’ interests and goals, enabling steady progress toward resolution. When a family objected outright to a declaration of DNC and asked for an indefinite accommodation, the “reasonable accommodation” approach offered clinicians little practical direction, and resolution required definitive action by either the family or the clinical team. Based on our analysis and reflections on these 13 cases, we propose ethically justified and practical guidelines to assist healthcare professionals, administrators, and ECSs faced with similar cases. (shrink)

How (Not) to Be Secular is what Jamie Smith calls "your hitchhiker's guide to the present" -- it is both a reading guide to Charles Taylor's monumental work A Secular Age and philosophical guidance on how we might learn to live in our times. Taylor's landmark book A Secular Age (2007) provides a monumental, incisive analysis of what it means to live in the post-Christian present -- a pluralist world of competing beliefs and growing unbelief. Jamie Smith's book (...) is a compact field guide to Taylor's insightful study of the secular, making that very significant but daunting work accessible to a wide array of readers. Even more, though, Smith's How (Not) to Be Secular is a practical philosophical guidebook, a kind of how-to manual on how to live in our secular age. It ultimately offers us an adventure in self-understanding and maps out a way to get our bearings in today's secular culture, no matter who "we" are -- whether believers or skeptics, devout or doubting, self-assured or puzzled and confused. This is a book for any thinking person to chew on. (shrink)

BackgroundNational guidelines require programmes use subjective assessments of social support when determining transplant suitability, despite limited evidence linking it to outcomes. We examined how transplant providers weigh the importance of social support for kidney transplantation compared with other factors, and variation by clinical role and personal beliefs.MethodsThe National survey of the American Society of Transplant Surgeons and the Society of Transplant Social Work in 2016. Using a discrete choice approach, respondents compared two hypothetical patient profiles and selected one for transplantation. (...) Conditional logistic regression estimated the relative importance of each factor; results were stratified by clinical role and beliefs.ResultsFive hundred and eighy-four transplant providers completed the survey. Social support was the second most influential factor among transplant providers. Providers were most likely to choose a candidate who had social support, always adhered to a medical regimen, and had a 15 years life expectancy with transplant. Psychosocial providers were more influenced by adherence and quality of life compared with medical/surgical providers, who were more influenced by candidates' life expectancy with transplant. For providers concerned with avoiding organ waste, social support was the most influential factor, while it was the least influential for clinicians concerned with fairness.ConclusionsSocial support is highly influential in listing decisions and may exacerbate transplant disparities. Providers’ beliefs and reliance on social support in determining suitability vary considerably, raising concerns about transparency and justice. (shrink)

Research has indicated that microRNAs (miRNAs), a special class of non-coding RNAs (ncRNAs), can perform important roles in different biological and pathological processes. miRNAs’ functions are realized by regulating their respective target genes (targets). It is thus critical to identify and analyze miRNA-target interactions for a better understanding and delineation of miRNAs’ functions. However, conventional knowledge discovery and acquisition methods have many limitations. Fortunately, semantic technologies that are based on domain ontologies can render great assistance in this regard. In our (...) previous investigations, we developed a miRNA domain-specific application ontology, Ontology for MIcroRNA Target (OMIT), to provide the community with common data elements and data exchange standards in the miRNA research. This paper describes (1) our continuing efforts in the OMIT ontology development and (2) the application of the OMIT to enable a semantic approach for knowledge capture of miRNA-target interactions. (shrink)