This paper critically engages the legal and political framework for responding to democracy and rule of law backsliding in the EU. I develop a new and original critique of Article 7 TEU based on it being democratically illegitimate and normatively incoherent qua itself in conflict with EU fundamental values. Other more incremental and scaleable responses are desirable, and the paper moves on to assess the legitimacy of economic sanctions such as tying access to EU funds to performance on democratic and (...) rule of law indicators or imposing fines on backsliding states. I hold such sanctions to be a priori legitimate, and argue that in some cases economic sanctions are even normatively required, given that EU material support of backsliding member states can amount to material complicity in their backsliding. However, an economic conditionality mechanism would need to be designed to minimize unjust and counterproductive effects. One way to pursue this could be to complement sanctions against the backsliding government with investment for prodemocratic actors in that state. (shrink)

This volume will collect Tom Beauchamp's 15 most important published articles in bioethics, most of which were published over the last 25 years, and most of ...

Literature on the mental capacities and cognitive mechanisms of the great apes has been silent about whether they can act autonomously. This paper provides a philosophical theory of autonomy supported by psychological studies of the cognitive mechanisms that underlie chimpanzee behavior to argue that chimpanzees can act autonomously even though their psychological mechanisms differ from those of humans. Chimpanzees satisfy the two basic conditions of autonomy: (1) liberty (the absence of controlling influences) and (2) agency (self-initiated intentional action), each of (...) which is specified here in terms of conditions of understanding, intention, and self-control. In this account, chimpanzees make knowledge-based choices reflecting a richly information-based and socially sophisticated understanding of the world. Finally, two major theories of autonomy (Kantian theory and two-level theory) are rejected as too narrow to adequately address these issues, necessitating the modifications made in the present approach. (shrink)

Are democratic ideals better served by elections or sortition? Is the ideal national legislature one that is elected, chosen by lot, or some combination thereof? To answer these questions properly, it is necessary to perform a careful, balanced, and systematic comparison of the strengths and weaknesses of each. To do so, this article uses foundational democratic values—political equality, popular control, deliberative nature, and competency—as measuring sticks. On the basis of these values a purely elected legislature is compared with a purely (...) sortition one, on the assumption that each has the full decision-making powers normally possessed by national legislatures. This big picture will provide a clearer view of the strengths and weaknesses of the respective systems and their trade-offs, as well as the open questions that remain. (shrink)

The electoral scene in the period from 133 to 129 b.c.e. was doubtless unpredictable, even in the centuriate assembly, and any prosopographical modelling based on the available data would be adventurous. The report that Appius Claudius Pulcher (cos. 143 and bitter opponent to Scipio Aemilianus) ran in 133 for a second consulship is not implausible, and the possibility of a thwarted candidature, whatever its duration and the reason for its termination, should be registered. The successful candidates were P. Popillius Laenas (...) and P. Rupilius, the latter a close associate of Scipio. The unsuccessful consular candidacy of Rupilius’ brother Lucius should be dated to 132, 131 or 130. The elimination of the first of those options by F.X. Ryan (CQ 45 [1995], 263–5) is challenged. (shrink)

The last twenty-five years of published literature and curriculum development in bioethics suggest that the field enjoys a successful and stable marriage to philosophical ethical theory. However, the next twenty-five years could be very different. I believe the marriage is troubled. Divorce is conceivable and perhaps likely. The most philosophical parts of bioethics may retreat to philosophy departments, while bioethics continues on its current course toward a more interdisciplinary and practical field.I make no presumption that bioethics is integrally linked to (...) philosophical ethical theory. Indeed, I assume that the connection is contingent and fragile. Many individuals in law, theological ethics, political theory, the social and behavioral sciences, and the health professions carefully address mainstream issues of bioethics without finding ethical theory essential or breathtakingly attractive. This is not surprising. Moral philosophers have traditionally formulated theories of the right, the good, and the virtuous in the most general terms. (shrink)

“Applied ethics” has been the major growth area in North American philosophy in the last decade, yet a robust confidence and enthusiasm over its promise is far from universal in academic philosophy. It is considered nonphilosophical in West Germany, and has largely failed to penetrate British departments of philosophy. Whether it has any intellectually or pedagogically redeeming value is still widely debated in North America, where many who have tried to teach some area of applied ethics for the first time (...) have seen their courses grind to a halt in unresolvable quandaries, practical exigencies, or unavailable technical information. Consequently, some departments are at war over whether to hire or confer tenure on those who teach these subjects. Many also remain unconvinced that philosophical generalizations or theories can play any significant role in applied contexts. They may even doubt both that applied ethics is really ethics and that philosophy should accomodate this creature in its curriculum. (shrink)

This volume presents a framework of general principles for animal research ethics together with an analysis of the principles' meaning and moral requirements. Tom L. Beauchamp and David DeGrazia's comprehensive framework addresses ethical requirements pertaining to societal benefit and features a thorough, ethically defensible program of animal welfare. The book also features commentaries on the framework of principles by eminent figures in animal research ethics from an array of relevant disciplines: veterinary medicine, biomedical research, biology, zoology, comparative psychology, primatology, law, (...) and bioethics. (shrink)

In this paper I discuss the view that the appropriate concept of competence is a decision‐relative one: that a person may be competent to make one decision but not another. The argument that I present is that neither of the two competing theories supporting the decision‐relative approach, internalism and externalism, can provide a coherent explanation of why a person’s competence should be thought to be relative to a particular decision. On the one hand, internalism, which regards competence as exhaustively a (...) matter of the person’s understanding, fails to identify the specific skills or content that would warrant linking a specific decision with competence, and thus cannot provide an account of decision‐relative that parallels task‐relative. On the other hand, externalism, which regards competence as a matter of the person’s understanding in relation to external elements such as risk, cannot adequately defend why a person’s competence to make a decision should ‘track’ the level of probable harm that results from the decision. (shrink)

In Rationality and the Genetic Challenge: Making People Better? Matti Häyry provides a clear and informed discussion and analysis of a number of competing answers to the above questions. Häyry describes three main perspectives on the morality of prenatal genetic diagnosis , the “restrictive,” “moderate,” and “permissive” views, and his analysis illuminates that these views can be distinguished in terms of their different “rationalities”—their respective understanding of what counts as a reasonable choice for parents to make in light of PGD.

Although Foucault was clearly a critical thinker, his approach also provides for the possibility of a genealogy of critique. Such an approach problematizes critique, and I trace the emergent problematization of critique in Foucault’s later works, and briefly in Latour and Boltanski. From this I move on to the ‘critical problematic’, that is, how critique operates as a form of power/knowledge, as a discourse that creates subjects through a critical regime of truth and critical truth-games. Specifically, I argue that critique (...) is a discourse which transforms and unmasks other ‘truth-claims’, replacing them with a starker vision of reality, which in the end is also a specific cultural vision. To elaborate this view, I return to Foucault’s discussion of Kant, his late lectures on Cynicism and also on ordo-liberalism. The wider circulation of critical discourses is demonstrated through an analysis of ‘cool’ or critical consumerism. In conclusion, the relationship between critique, crisis and modernity is considered. (shrink)

This paper outlines, from a sociological and social psychological perspective, a theoretical framework with which to define and analyse consciousness, emphasizing the importance of language, collective representations, conceptions of self, and self-reflectivity in understanding human consciousness. It argues that the shape and feel of consciousness is heavily social, and this is no less true of our experience of collective consciousness than it is of our experience of individual consciousness. The paper is divided into two parts. Part One argues that the (...) problem of consciousness can be approached fruitfully by beginning with human group and collective phenomena: community, language, language-based communication, institutional and cultural arrangements, collective representations, self-conceptions, and self-referentiality. A collective is understood as a group or population of individuals that possesses or develops collective representations of itself: its values and goals, its structure and modes of operating, its strategies, developments, strengths and weaknesses, etc. Collective reflectivity emerges as a function of an organization or group producing and making use of collective representations of the self in its discussions, critical reflections, and planning. A collective monitors its activities, achievements and failures, and reflects on itself as a defined and on-going collective being. In this perspective, human consciousness is understood as a type of reflective activity: observing, monitoring, judging and re-orienting and re-organizing self; considering what characterizes the self, what self perceives, judges, could do, should do . The reflectivity is encoded in language and developed in conversations about collective selves. Part Two of the paper applies the framework to analysing the individual experience of consciousness, self-representation, self-reference, self-reflectivity and self-development. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Mettle of Moral Fundamentalism: A Reply to Robert Baker*Tom L. Beauchamp (bio)AbstractThis article is a reply to Robert Baker’s attempt to rebut moral fundamentalism, while grounding international bioethics in a form of contractarianism. Baker is mistaken in several of his interpretations of the alleged moral fundamentalism and findings of the Advisory Committee on Human Radiation Experiments. He also misunderstands moral fundamentalism generally and wrongly categorizes it as morally (...) bankrupt. His negotiated contract model is, in the final analysis, itself a form of the moral fundamentalism he declares bankrupt.Robert baker’s imaginative and incisive articles on international bioethics (Baker 1998a & b) are rich in history and philosophy, but they are as profoundly misguided as they are misdirected. In this comment, I will concentrate both on a pivotal interpretation and criticism that he offers of the Report of the Advisory Committee on Human Radiation Experiments (ACHRE 1996) and on his philosophical thesis that a moral fundamentalism of principles and rights is bankrupt. Baker seriously misinterprets the ACHRE report, distorts and fails to refute moral fundamentalism, and ultimately embraces a form of the very fundamentalism that he declares bankrupt. These three topics are connected in that Baker’s misconceptions of the ACHRE report launch his critique of moral fundamentalism and his mistaken understanding of moral fundamentalism drives his critique of the ACHRE report. 1 [End Page 389]Some Misunderstandings of the Human Radiation CommitteeBaker proclaims a conflict between ACHRE’s moral fundamentalism and multiculturalism. He presents this conflict as primarily a factual issue regarding whether different cultures and eras accept different moral principles—“the difference claim,” in his vernacular (Baker 1998a, pp. 208–9). This interpretation eventuates in a critique of the work of both ACHRE and Ruth Macklin:[W]hen Macklin and the Radiation Committee consider the challenge of multiculturalism, they construe this challenge, not as dispute about anthropological fact, but as a dispute about philosophical theory. More specifically, they treat any assertion of the difference claim as a form of “ethical relativism.”... They thus respond to the multiculturalist’s factual observations—even to factual observations by anthropologists—as if they were philosophical analyses.(Baker 1998a, p. 209)Baker thinks that a factual question has been fallaciously transformed into a philosophical one. However, this false dilemma is a figment of his fancy. He provides no citation to ACHRE to show that it holds this view, and for an understandable reason: This position is neither stated nor presumed in the Report. ACHRE is quite clear that relativism involves both an anthropological (I would prefer to say historical) dispute about fact and a philosophical dispute about value—and that they are not the same.The Committee and its staff proceeded as follows: They first collected a large body of historical documents and facts about the practices, policies, and values that prevailed during the period they were studying. Chapters 1 through 3 and 5 through 13, 12 of the Report’s 18 chapters, display the results of this empirical work. The Committee concluded, on this basis, that research investigators and government officials were aware of the obligations generated by universal principles. The ACHRE report specifically lists six “basic” moral principles and maintains that these principles were pervasively recognized at the time of the radiation experiments (ACHRE 1996, pp. 114ff, 124). ACHRE received testimony, conducted interviews, and compiled documents that indicated how deeply these principles were woven into the fabric of American culture at the time, so deeply that no responsible research investigator could have been unaware of them. ACHRE did not move beyond its list of six principles to a broader thesis about the (factual) universality of other principles and did not examine other cultures or periods of history; such work would [End Page 390] have exceeded ACHRE’s mandate and would have done more to obscure than to further its arguments.ACHRE also found that some government officials had attempted to hide their wrongdoing—a clear indication that these officials were aware of the relevant moral principles and knew that they should not have been treating persons as they did (ACHRE 1996, pp. 152–53; Chapman 1946). These factual findings were not armchair philosophy or empirical guesswork... (shrink)

Nuffield Council on Bioethics, London * Corresponding author: Nuffield Council on Bioethics, 28 Bedford Square, London WC1B 3JS, UK. Email: hschmidt{at}nuffieldbioethics.org ' + u + '@' + d + ' '//--> Abstract In November 2007, the Nuffield Council on Bioethics published the report Public Health: Ethical Issues . While the report has been welcomed by a wide range of stakeholders, there has also been some criticism. First, it has been suggested that it is not clear why, in developing its ‘stewardship (...) model’, the Council felt the need to go beyond the liberal position developed by John Stuart Mill—what is it that the stewardship model adds? Second, it is suggested that the Report is confused about the concept of paternalism. Third, it is argued that the discussion of the concept of stewardship is lacking in detail and substance. We clarify the Working Party's thinking regarding these three areas, which demonstrates the robustness of the framework set out in the report. CiteULike Connotea Del.icio.us What's this? (shrink)

Affirmative action refers to positive steps taken to hire persons from groups previously and presently discriminated against. Considerable evidence indicates that this discrimination is intractable and cannot be eliminated by the enforcement of laws. Numerical goals and quotas are justified if and only if they are necessary to overcome the discriminatory effects that could not otherwise be eliminated with reasonable efficiency. Many past as well as present policies are justified in this way.

This is the first of two papers addressing Browning’s “Designation, Characterization, and Theory in Dewey’s Logic” (2002) where he distinguishes a series of pre-theoretical and theoretical stages for developing a theory of logic. The second of these two papers will recommend a modified version of this scheme of stages of inquiry into inquiry. The present paper recounts Browning’s original version of these stages and the ramifications of not clearly distinguishing them. I respond to Browning’s claim that in Burke 1994 I (...) made two such mistakes of not properly distinguishing theoretical and pre-theoretical stages of inquiry into inquiry. (shrink)

This is the first new scholarly edition since the nineteenth century of one of the greatest works in the history of philosophy: David Hume's Enquiry concerning the Principles of Morals. It is the fourth volume of the Clarendon Hume Edition, which will be the definitive edition for the foreseeable future. In this elegant and lucid Enquiry Hume gives an accessible presentation of his fully developed ethical theory, that is to say his theory of the foundation of morality in human nature. (...) He considered this work to be `of all my writings, historical, philosophical, or literary, incomparably the best'. The distinguished Hume scholar Tom Beauchamp presents an authoritative text accompanied by introduction, annotation, glossary, biographical sketches, bibliographies, and indexes. (shrink)

The dominant discourse in 20th century UK food and agricultural policies of a liberal, free trade agenda was modified at the turn of the 21st to embrace ecological sustainability and “food security.” The latter term has a long international history; the relationship between issues of technical production and equality of distributional access are also much debated. The paper examines shifts in UK policy discourse in the context of international research, policy, and initiatives to promote food security, and highlights the implications (...) for social justice in and through the food system. (shrink)

This article considers `critique' as performative, being on the one hand a reiterative performance, that enacts the `critic' through the act of critique, and on the other hand reflecting the constitution of the subject. While this approach takes on the conceptual framework of Judith Butler's work, it differs by refusing critique — or its correlates; parody, subversion or similar — any special status. Like any other performance critique is taken here as a cultural practice, as a Foucauldian `technique of self', (...) though the complex genealogy of such a technique lies outside the scope of this article. In order to illustrate this argument I interpret a number of Butler's prefaces, interviews and digressions which diverge from her own theoretical framework, and argue that these `fictions' arise from critical `disavowals': that is, a `self-transformative' turn against power. The subjective `crisis' that prompts critique is then elaborated by comparison to Girard's work on imitation and sacrifice. (shrink)

This note addresses the longstanding question of whether Parmenides B6.9 should be read as an allusion to Heraclitus B51. It offers a response to some recent objections that have been raised against such a reading, and in particular draws attention to the reception context of both texts, a topic that has been largely overlooked in the scholarship on this issue.

This collection of essays explores the possibilities of studying educational matters with the tools of narrative and literature. Written over the course of the 1980s and 1990s, these essays trace the literary turn in educational research toward forms of literary journalism, critical storytelling, and postmodern narrative. The articles are presented as biographical evidence of the author's ongoing quest for forms of educational research that are well-suited to the enormously complex nature of educational encounters. This collection includes both theoretical dissertations and (...) actual case studies of schools and school people. (shrink)

The Institute of Social Research, from which the Frankfurt School developed, was founded in the early years of the Weimar Republic. It survived the Nazi era in exile, to become an important centre of social theory in the postwar era. Early members of the school, such as Adorno, Horkheimer and Marcuse, developed a form of Marxist theory known as Critical Theory, which became influential in the study of class, politics, culture and ideology. The work of more recent members, and in (...) particular Habermas, has received wide attention throughout Europe and North America. Tom Bottomore's study takes a new and controversial look at the contributions of the Frankfurt School to modern sociology, examining several issues not previously discussed elsewhere. He discusses the neglect of history and political economy by the critical theorists, and considers the relationship of the later Frankfurt School to the radical movements of the 1960s and the present time. His critical analysis makes the school's writers accessible, through an assessment of their work and an exploration of the relationship of Critical Theory to other forms of sociological thought, especially positivism and structuralism. (shrink)