The discriminatory effects of categorizing psychiatric patients into competent and incompetent, have urged lawyers, philosophers and health care professionals to seek a functional approach to capacity assessment. Dutch and English law have produced some guidelines concerning this issue. So far, most legal systems under investigation have concentrated on alternatives for informed consent by the patient in case of mental incapacity, notably substitute decision-making, intervention of a judge and advance directives. It is hard to judge the way in which the law (...) may further adapt to a more functional assessment of capacity, because the nature of law shows that legal reforms usually take place only when new methods have been accepted by the field. This is not yet the case today. (shrink)

The aim of this project was to study the way in which patients’ rights are being exercised in everyday hospital practice in Greece. Data were collected by using questionnaires and structured interviews with 600 patients. These patients were found to ignore the fact that special regulations exist regarding their rights. They considered their right to information was being respected, albeit to different degrees. Many patients allowed their doctors to make decisions. The right to confidentiality was not considered as a major (...) priority by these patients because they doubted its applicability. They hesitated to protest when their rights were being violated. They thought that the most effective way of protecting their rights is either through the existence of someone with specialized knowledge or an internal hospital committee. These Greek patients appeared to be relatively satisfied with the way in which their rights were being exercised in hospital. However, a number of improvements could increase patient satisfaction regarding this issue. (shrink)

____Ethics of Eros__ sheds light on contemporary feminist discourse by questioning the basic distinctions and categories in feminist theory. Tina Chanter uses the work of Luce Irigaray as the focus for a critique of French and Anglo-American feminism as it is articulated in the debate over essentialism. While these two branches of feminism represent opposing views, Chanter advocates a productive exchange between the two.

Many health problems that elderly people face today relate not only to the nature of their affliction but also to the kind of treatment required. Such treatment often includes artificial nutrition and hydration, (ANH) a procedure which, despite its technical and invasive character, is still considered to be vested with symbolic meanings. It is precisely during the efforts to reach a legal consensus that the discrepancies between various cultural contexts become obvious. The following case explores the Greek clinical territory in (...) comparison with the international situation, and the reasons why, in Greece, the right to refuse treatment is not necessarily interpreted as including the right to refuse artificial nutrition and hydration as well. (shrink)

_ Source: _Page Count 30 Millions of children worldwide could benefit from adoption. One could argue that prospective parents have a pro tanto duty to adopt rather than create children. For the sake of argument, I assume there is such a duty and focus on a pressing objection to it. Prospective parents may prefer that their children are genetically related to them. I examine eight reasons prospective parents have for preferring genetic children: for parent-child physical resemblance, for family resemblance, for (...) psychological similarity, for the sake of love, to achieve a kind of immortality, for the genetic connection itself, to be a procreator, and to experience pregnancy. I argue that, with the possible exception of the pregnancy desire, these reasons fail to defeat a duty to adopt a child rather than create one, even assuming that we do have some leeway to favor our own interests. (shrink)

Some obligations are conditional such that act A is morally optional, but if one chooses A, one is required to do act B rather than some other less valuable act C. Such conditional obligations arise frequently in research ethics, in the philosophical literature, and in real life. They are controversial: how does a morally optional act give rise to demanding requirements to do the best? Some think that the fact that a putative obligation has a conditional structure, so defined, is (...) a strike against its being a genuine obligation. I argue that conditional obligations are to be expected in a moral theory that has moral options. (shrink)

Clinicians and health researchers frequently encounter opportunities to rescue people. Rescue cases can generate a moral duty to aid those in peril. As such, bioethicists have leveraged a duty to rescue for a variety of purposes. Yet, despite its broad application, the duty to rescue is under-analyzed. In this paper, we assess the state of theorizing about the duty to rescue. There are large gaps in bioethicists’ understanding of the force, scope, and justification of the two most cited duties to (...) rescue—the individual duty of easy rescue and the institutional rule of rescue. We argue that the duty of easy rescue faces unresolved challenges regarding its force and scope, and the rule of rescue is indefensible. If the duty to rescue is to help solve ethical problems, these theoretical gaps must be addressed. We identify two further conceptions of the duty to rescue that have received less attention—an institutional duty of easy rescue and the professional duty to rescue. Both provide guidance in addressing force and scope concerns and, thereby, traction in answering the outstanding problems with the duty to rescue. We conclude by proposing and propose research priorities for developing accounts of duties to rescue in bioethics. (shrink)

Most people would agree that adoption is a good thing for children in need of a family. Yet adoption is often considered a second best or even last resort for parents in making their families. Against this assumption, I explore the unique value of adoption for prospective parents. I begin with a criticism of the selective focus on the value of adoption for only those people using assisted reproductive technologies. I focus on the value of adoption for all prospective parents, (...) reflecting on non-relative, non-procreative adoptions. First, adoption can meet the important need that a child has for a family, whereas procreation creates rather than meets needs. Second, adoption provides a morally noble opportunity to extend to a stranger benefits usually withheld for one's genetic kin. As such, adoption offers a unique possibility in which impartial concern for an other can be the starting point for a lifetime of love and care. Finally, adoptions can have transformative power over adoptive parents’ conception of family and self. In highlighting the unique value of adoption, I aim to challenge the widespread assumption that adoption has second best status to procreation. Indeed adoption can exemplify the human potential for moral compassion and impartial concern for the needs of others. (shrink)

This research note is meant to introduce into philosophical discussion the preliminary results of an empirical study on the state of blacks in philosophy, which is a joint effort of the American Philosophical Association’s Committee on the Status of Black Philosophers (APA CSBP) and the Society of Young Black Philosophers (SYBP). The study is intended to settle factual issues in furtherance of contributing to dialogues surrounding at least two philosophical questions: What, if anything, is the philosophical value of demographic diversity (...) in professional philosophy? And what is philosophy? The empirical goals of the study are (1) to identify and enumerate U.S. blacks in philosophy, (2) to determine the distribution of blacks in philosophy across career stages, (3) to determine correlates to the success of blacks in philosophy at different career stages, and (4) to compare and contrast results internally and externally to explain any career stage gaps and determine any other disparities. (shrink)

In February 2016, the Institute of Medicine released a report, commissioned by the United States Food and Drug Administration, on the ethical and social-policy implications of so-called three-parent in vitro fertilization. The IOM endorses commencement of clinical trials on three-parent IVF, subject to some initial limitations. Also called mitochondrial replacement or transfer, three-parent IVF is an intervention comprising two distinct procedures in which the genetic materials of three people—the DNA of the father and mother and the mitochondrial DNA of an (...) egg donor—can be used to create a child. Three-parent IVF would enable a woman with mitochondrial disease to have a genetically related child without transmitting the disease to the child. The possibility for three-parent children has prompted criticism from many corners. Critics have pointed to ethical issues including safety concerns and risks to children, genetic and germline engineering concerns, the potential exploitation of the third-parent egg donor, donor anonymity and privacy, and objections to creating babies with three parents, which undermines natural and traditional conceptions of procreation. Additionally, developing the technology would involve experimenting on, manipulating, and disposing of embryos. Although the IOM report considers the ethical concerns about the value of the three-parent IVF technology, the IOM failed to give due attention to an important objection to the development of this technology: three-parent IVF lacks the social value necessary to make investment of public resources in it ethical. Unlike the other concerns, this objection is not based on conservativism about new reproductive technologies or default favoritism of the status quo. I argue that the technology does not meet a plausible social value standard to render public research investment into its development ethical. Proponents of three-parent IVF make inaccurate and exaggerated claims that it will eradicate mitochondrial disease and save lives. Were these claims true, proponents would have a strong case for the social value of the technology. But three-parent IVF alone will not eradicate mitochondrial disease, and it will not save lives. Rather, it can create healthy lives. As I discuss, the moral distinction is crucial. Most importantly, investment in three-parent IVF comes at the opportunity cost of researching treatment for mitochondrial disease that would benefit actual, living disease sufferers. (shrink)

Millions of children worldwide could benefit from adoption. One could argue that prospective parents have a pro tanto duty to adopt rather than create children. For the sake of argument, I assume there is such a duty and focus on a pressing objection to it. Prospective parents may prefer that their children are genetically related to them. I examine eight reasons prospective parents have for preferring genetic children: for parent-child physical resemblance, for family resemblance, for psychological similarity, for the sake (...) of love, to achieve a kind of immortality, for the genetic connection itself, to be a procreator, and to experience pregnancy. I argue that, with the possible exception of the pregnancy desire, these reasons fail to defeat a duty to adopt a child rather than create one, even assuming that we do have some leeway to favor our own interests. (shrink)

This article argues that two forms of mitochondrial replacement therapy, maternal spindle transfer and pro-nuclear transfer, are not therapies at all because they do not treat children who are coming into existence. Rather, these technologies merely create healthy children where none was inevitable. Even if creating healthy lives has some value, it is not to be confused with the medical value of a cure or therapy. The article addresses a recent Bioethics article, ‘Mitochondrial Replacement: Ethics and Identity,’ by Wrigley, Wilkinson, (...) and Appleby, who argue that PNT is morally favorable to MST due to the Non-Identity Problem. Wrigley et al. claim that PNT, since it occurs post-conception, preserves the identity of the resulting child, whereas MST, since it occurs pre-conception, is an identity-altering technique. As such, a child born with mitochondrial disease could complain that her parents failed to use PNT, but not MST. The present article argues that the authors are mistaken: both MST and PNT are identity-affecting techniques. But this is of little matter, for we should be cautious in drawing any moral conclusions from the application of the Non-Identity Problem to cases. The article then argues that the authors are mistaken in inferring that PNT is a type of embryonic cure or therapy for children with mitochondrial disease. The article cautions against the mistaken life-saving rhetoric that is common in bioethics discussions of MRTs. (shrink)

This research applies the theory of planned behavior to corporate managers’ decision making as it relates to fraudulent financial reporting. Specifically, we conducted two studies to examine the effects of attitude, subjective norm and perceived control on managers’ decisions to violate generally accepted accounting principles (GAAP) in order to meet an earnings target and receive an annual bonus. The results suggest that the theory of planned behavior predicts whether managers’ decisions are ethical or unethical. These findings are relevant to corporate (...) leaders who seek to improve ethical work climates of organizations and to many regulators, accountants, corporate governance officials and investors. (shrink)

The independence of irrelevant alternatives is a popular and important axiom of decision theory. It states, roughly, that one’s choice from a set of options should not be influenced by the addition or removal of further, unchosen options. In recent debates, a number of authors have given putative counterexamples to it, involving intuitively rational agents who violate IIA. Generally speaking, however, these counterexamples do not tend to move IIA’s proponents. Their strategy tends to be to individuate the options that the (...) agent faces differently, so that the case no longer counts as a violation of IIA. In this paper, we examine whether this strategy succeeds. We argue that the ways of individuating options required to save IIA from the most problematic counterexamples—in particular, cases where agents violate IIA due to nonconsequentialist moral beliefs—do so only at the expense of severely compromising its central function within decision theory. (shrink)

Methodological tools for doing philosophy that take into account the historical context of the phenomenon under consideration are arguably better suited for examining questions of race and gender than acontextual or ahistorical methodological tools. Accordingly, Rebecca Tuvel’s “defense” of so-called transracialism arguably veers off track to the extent that it relies on acontextual and ahistorical tools. While Tuvel argues, largely relying on such tools, that so-called transracialism is both metaphysically possible and ethically permissible, from a perspective that factors in context (...) and history, so-called transracialism is arguably neither. Nonetheless, Tuvel’s ethical call to the effect that an individual right to racial self-definition should be acknowledged has its appeal. However, the lesson to be learned from the Tuvel affair arguably has less to do with the metaphysical or ethical status of so-called transracialism than with changes that arguably need to be made in the way mainstream/analytic professional philosophy goes about its business, particularly with regard to non-ideal topics like race and gender. (shrink)

There is much philosophical literature on the duty to rescue. Individuals who encounter and could save, at relatively little cost to themselves, a person at risk of losing life or limb are morally obligated to do so. Yet little has been said about the other side of the issue. There are cases in which the need for rescue could have been reasonably avoided by the rescuee. We argue for a duty to take rescue precautions, providing an account of the circumstances (...) in which it arises. This novel duty has important implications for public policy. We apply it to the situation of some of the uninsured in the United States. Given the US clinician's duty to provide emergency care to all people regardless of ability to pay, some of the uninsured have a moral duty to purchase health insurance. We defend the duty against objections, including the possibility that a right to rescue can be waived, thus undermining a duty to take rescue precautions, that the duty of many professionals is voluntarily incurred, and that a distinction between actively assumed and passively assumed risks matters morally. (shrink)

Examining Levinas's critique of the Heideggerian conception of temporality, this book shows how the notion of the feminine both enables and prohibits the most fertile territory of Levinas's thought. The author suggests that though Levinas's conception of subjectivity corrects some of the problems Heidegger's philosophy introduces, such as his failure to deal adequately with ethics, Levinas creates new stumbling blocks, notably the confining role he accords to the feminine. For Levinas, the feminine functions as that which facilitates but is excluded (...) from the ethical relation that he sees as the pinnacle of philosophy. Showing that the feminine is a strategic part of Levinas's philosophy, but one that was not thought through by him, the author suggests that his failure to solidly place the feminine in his thinking is structurally consonant with his conceptual separation of politics from ethics. (shrink)

Volume 52, Issue 13, December 2020, Page 1347-1357.

The 2010 Patient Protection and Affordable Care Act was designed to increase health insurance coverage in the United States. Its most controversial feature is the requirement that US residents purchase health insurance. Opponents of the mandate argue that requiring people to contribute to the collective good is inconsistent with respect for individual liberty. Rather than appeal to the collective good, this Viewpoint argues for a duty to buy health insurance based on the moral duty individuals have to reduce certain burdens (...) they pose on others. When some people have a duty to rescue, others may have a duty to take rescue precautions, in this case, to purchase health insurance to cover acute and emergency care needs. Requiring that individuals meet this obligation is consistent with respect of individual liberty. (shrink)

The emerging concept of food sovereignty refers to the right of communities, peoples, and states to independently determine their own food and agricultural policies. It raises the question of which type of food production, agriculture and rural development should be pursued to guarantee food security for the world population. Social movements and non-governmental organizations have readily integrated the concept into their terminology. The concept is also beginning to find its way into the debates and policies of UN organizations and national (...) governments in both developing and industrialized countries. Beyond its relation to civil society movements little academic attention has been paid to the concept of food sovereignty and its appropriateness for international development policies aimed at reducing hunger and poverty, especially in comparison to the human right to adequate food (RtAF). We analyze, on the basis of an extensive literature review, the concept of food sovereignty with regard to its ability to contribute to hunger and poverty reduction worldwide as well as the challenges attached to this concept. Then, we compare the concept of food sovereignty with the RtAF and discuss the appropriateness of both concepts for national public sector policy makers and international development policies. We conclude that the impact on global food security is likely to be much greater if the RtAF approach predominated public policies. While the concept of food sovereignty may be appropriate for civil society movements, we recommend that the RtAF should obtain highest priority in national and international agricultural, trade and development policies. (shrink)

This volume of essays, all but one previously unpublished, investigates the question of Levinas’s relationship to feminist thought. Levinas, known as the philosopher of the Other, was famously portrayed by Simone de Beauvoir as a patriarchal thinker who denigrated women by viewing them as the paradigmatic Other. Reconsideration of the validity of this interpretation of Levinas and exploration of what more positively can be derived from his thought for feminism are two of this volume’s primary aims. Levinas breaks with Heidegger’s (...) phenomenology by understanding the ethical relation to the Other, the face-to-face, as exceeding the language of ontology. The ethical orientation of Levinas’s philosophy assumes a subject who lives in a world of enjoyment, a world that is made accessible through the dwelling. The feminine presence presides over this dwelling, and the feminine face represents the first welcome. How is this feminine face to be understood? Does it provide a model for the infinite obligation to the Other, or is it a proto-ethical relation? The essays in this volume investigate this dilemma. Contributors are Alison Ainley, Diane Brody, Catherine Chalier, Luce Irigaray, Claire Katz, Kelly Oliver, Diane Perpich, Stella Sandford, Sonya Sikka, and Ewa Ziarek. (shrink)

By means of data from the most comprehensive source of teacher data in the nation, Schools and Public School Teacher Staffing Survey (SASS), we designeda follow-up quantitative study to test the effects of two decades of national policy mandates on instructional time allotments for core academic subjects. We used data from the SASS data from National Center for Educational Statistics (NCES) (1993/1994, 1999/2000, 2003/2004, 2007/2008) to examine national trends of continued marginalization of social studies by exploring the influence of recent (...) educational policy on defining elementary curricula in the 21st Century. With the reauthorization of NCLB in 2007 and newly mandated science testing in grades 3 through 5, we sought to understand statistically how this policy change has affected instructional decisions regarding time allocated to core academic subjects (ELA, mathematics, science and social studies) in elementary schools. Findings provide evidence of the national trend of the declining role of social studies in an era in which testing is associated with importance. Moreover, grade level disparities unique to social studies intensified the effects of 2007 NCLB policy mandates of science testing for 3rd through 5th grade students. Results provide a broader and nationally generalizable understanding of the declining role of social studies in elementary schools and the reduction of time practitioners spend teaching social studies. Thus, the growing imbalance in instructional time distributions for social studies and the tipping of the time distribution scales in favor of science document teacher responses to the expansion of testing mandates and the continued absence of studies from the national testing landscape. (shrink)

This paper tells the story of one man’s experience of terrifying hallucinations and nightmares in an intensive care unit, drawing attention to the reality that intensive care treatment induces emotional suffering severe enough to be identified as post-traumatic stress disorder. A body of international research, confirmed by South African studies, links life-saving critical care to symptoms which qualify for secondary psychiatric diagnosis including of post-traumatic stress. Risk factors include pre-ICU comorbid psychopathology. Early on in the clinical encounter with the patient (...) in this paper it emerged that he bore the scars of another trauma. He had been a soldier. Recounting the terror he experienced when he was being weaned off mechanical ventilation evoked memories of his military history. Paradoxically, these shifted the focus away from the symptoms of PTSD, to make the helplessness and dependency of ICU patients more visible. This patient’s clinical account and patient experiences in other studies reveal the relational vulnerability of ICU patients. In as much as experiences of ICU treatment can be terrifying, the non-response of carers distresses patients. This interplay of wounding and care provides a starting point from which to explore how we account for the neglect of relational care that is a recurring theme in medical contexts, without blaming the carers. These questions find resonance in a South African novel to which the paper refers. A novel about war and trauma movingly portrays the internal conflict of the central character, a nurse and her quest not to care, as a defence against vulnerability. In these ways writing about the relational vulnerability of patients opened up questions about the social and institutional context of carer vulnerability. (shrink)

This study comparatively examines the dividends behavior in state-controlled firms versus family-controlled firms. With the sample of large industrial firms listed on the Main Board of Hong Kong Stock Exchange, we investigate the dividends payment rates, stability of dividends payment, the effects of firm size, profitability and growth opportunity on likelihood to pay dividends, as well as the concentration of dividend in state-controlled versus family-controlled firms. Based on the findings, we derive some ethical implications of dividends policy regarding the differences (...) in business ethical behavior, corporate social responsibility, corporate governance, business sustainability, and shareholder activism in state-controlled versus family-controlled firms, as well as the improvement in these respects through cross-listing in Hong Kong. (shrink)

The book is concerned with the shifting notions of self and identity and develops a Foucauldian analysis that examines these inherently philosophical notions in ...

Transracialism, defined as both experiencing oneself as, and being, a race other than the race assigned to one by society, does not exist. Translated into hermeneutics, transracialism is an unintelligible phenomenon in the specific sociocultural context of the United States in the early twenty-first century. Within this context, race is a function of ancestry, and is therefore defined in terms of something that is external to the self and unchangeable. Since transracialism does not exist, the question of whether transracialism would (...) be ethically advisable if it did exist is inapposite. Nonetheless, at a minimum we can say that racial transition is possible, but is very likely unethical, since it is the same as racial passing. (shrink)

Argues for the importance of the neglected theme of slavery in Antigone.

The Picture of Abjection is an analysis of independent, contemporary, international film. Appropriating Kristeva's analysis of abjection, which she developed in the context of psychoanalytic theory to designate that which a subject rejects as a site of impurity, the book takes up the abject in order to illuminate various intersections of discrimination. The focus is on how race, gender, class, sexuality, ethnicity and nationality intersect with one another in ways that involve abjection. The argument is informed by a variety of (...) disciplines, including film theory, psychoanalysis, philosophy and gender theory. The aim of the book is to enhance understanding of how film can both engage in and ameliorate the ways forms of discrimination play off one another. (shrink)

This article presents the current legislative and educative measures in place for plagiarism prevention in Kosovo, especially in the case of student work, and provides an analysis of the effectiveness of such measures. Two public universities are used as case studies – the University of Haxhi Zeka and the University of Kadri Zeka – and the research is based on the legal and policy documents enacted by the two universities, as well as many reports, scientific articles on plagiarism and HEI (...) official websites. The issue of plagiarism has only recently become a priority in Kosovo, with many factors hindering advancement and development in this area. (shrink)

Engaging the theology of Thomas Aquinas with the psychoanalytic theory of Jacques Lacan, Tina Beattie shows how Thomism exerted a formative influence on Lacan, and how a Lacanian approach can bring new insights to Thomas's theology. Lacan makes possible a renewed Thomism which offers a rich theology of creation, incarnation, and redemption.

This article outlines a developmental approach to the study of moral emotions. Specifically, we describe our developmental model on moral emotions, one in which emotions and cognitions about morality get increasingly integrated and coordinated with development, while acknowledging inter-individual variation in developmental trajectories across the lifespan. We begin with a conceptual clarification of the concept of moral emotions. After a brief review of our own developmental approach to the study of moral emotions, we provide a selective summary of the developmental (...) literature on negatively and positively valenced moral emotions, and describe a recent line of developmental research on the anticipation of negatively and positively valenced moral emotions in multifaceted contexts of social exclusion and inclusion. Next, we describe what it means to take a developmental perspective on moral emotions. Finally, we provide some preliminary conclusions and recommendations for future work to the developmental study of moral emotions. (shrink)

In this paper, I will describe how Brentano was able to integrate descriptive philosophy and logical analysis fruitfully by pointing out Brentano’s concept of philosophy as a rigorous science. First I will clarify how Brentano attempted to turn philosophy into a rigorous descriptive science by applying scientific methods to philosophical questions. After spelling out the implications of such a descriptive understanding of philosophy, I will contrast this descriptive view of philosophy with a semantic-analytic understanding of philosophy as proposed by Frege. (...) After having thus set the stage I will argue that the current separation of philosophy into the seemingly antithetical strands of phenomenology and analytic philosophy may be seen as a consequence of how the term ‘rigorous science’ in ‘philosophy as a rigorous science’ is interpreted: Does a rigorous science grasp its object with as much exactitude as possible? Or is a science rigorous when its theories are expressed unambiguously, and their implications are drawn with precision? In the course of this investigation I will also point out how Brentano’s integrative use of descriptive philosophy and analysis can provide a suitable starting point for an equally successful integration of these methods in contemporary philosophy. (shrink)

The purpose of this inquiry is to explore the experience of Borderline Personality Disorder with the aim of developing a more liberating approach to its diagnosis and treatment. Eight participants diagnosed with Borderline Personality Disorder were recruited from a psychiatric hospital operated by the Surrey and Borders NHS Trust and an outpatient daycentre based in London, United Kingdom. A narrative approach to methodology was employed to collect and analyse the participants’ life-stories. Themes to emerge from the participant’s narratives were found (...) to coincide with R.D. Laing’s concept of ontological insecurity. Ontological insecurity describes a number of aspects of the participant’s distress. To conclude, some general implications of this research for psychotherapy are briefly explored. (shrink)

This book explores the experiences and philosophical work product of mixed race philosophers, as well as possible links between the two. Some books address mixed-race identity, and some anthologies focus on mixed-race identity, but this is the first anthology on the philosophy of mixed-race, and the first anthology by mixed-race philosophers.