Recently, several philosophers have recast feminist arguments against pornography in terms of Speech Act Theory. In particular, they have considered the ways in which the illocutionary force of pornographic speech serves to set the conventions of sexual discourse while simultaneously silencing the speech of women, especially during unwanted sexual encounters. Yet, this raises serious questions as to how pornographers could (i) be authorities in the language game of sex, and (ii) set the conventions for sexual discourse - questions which these (...) speech act-theoretic arguments against pornography have thus far failed to adequately answer. I fill in this gap of the argumentation by demonstrating that there are fairly weak standards for who counts as an authority or convention-setter in sexual discourse. With this analysis of the underpinnings of a speech act analysis of pornography in mind, I discuss a range of possible objections. I conclude that (i) the endorsement of censorship by a speech act analysis of pornography competes with its commitment to the conventionality of speech acts, and, more damningly, that (ii), recasting anti-pornography arguments in terms of linguistic conventions risks an unwitting defence of a rapist's lack of mens rea - an intolerable result; and yet resisting this conclusion requires that one back away from the original claim to women's voices being 'silenced'. (shrink)

Over the last two decades, Dutch courts have left room for euthanasia. Although a crime under the Penal Code, euthanasia will usually not result in prosecution and conviction if it is committed by a physician according to rules of careful medical practice ; if the patient's request is voluntary, well-considered, and enduring; and if there is unacceptable and hopeless suffering and there are no other solutions to the patient's situation.

Semantic Minimalists make a proprietary claim to explaining the possibility of utterances sharing content across contexts. Further, they claim that an inability to explain shared content dooms varieties of Contextualism. In what follows, I argue that there are a series of barriers to explaining shared content for the Minimalist, only some of which the Contextualist also faces, including: (i) how the type-identity of utterances is established, (ii) what counts as repetition of type-identical utterances, (iii) how it can be determined whether (...) semantically minimal content has been repeated, and (iv) what the nature of such content is. (shrink)

In this study, we directly contrast two approaches that have been proposed to explain the SNARC effect. The traditional direct mapping account suggests that a direct association exists between the position of a number on the mental number line and the location of the response. On the other hand, accounts are considered that propose an intermediate step in which numbers are categorized as either small or large between the number magnitude and the response representations. In a magnitude comparison task, we (...) departed from the usual bimanual left/right response dimension and instead introduced the unimanual close/far dimension. A spatial-numerical association was observed: small numbers were associated with a close response, while large numbers were associated with a far response, regardless of the movement direction (left/right). We discuss why these results cannot be explained by assuming a direct mapping from the representation of numbers on a mental number line to response locations and discuss how the results can be explained by the alternative accounts. (shrink)

Abstract: An indirect report typically takes the form of a speaker using the locution “said that” to report an earlier utterance. In what follows, I introduce the principal philosophical and pragmatic points of interest in the study of indirect reports, including the extent to which context sensitivity affects the content of an indirect report, the constraints on the substitution of co-referential terms in reports, the extent of felicitous paraphrase and translation, the way in which indirect reports are opaque, and the (...) use of indirect reports as pragmatic vehicles for other speech acts such as humor, insult, or irony. Throughout I develop several positions: (i) that a semantic analysis of indirect reports is insufficient, (ii) that the distinction between direct and indirect reports is not clear and that indirect reports are the predominate way of reporting while direct reports may be a para-linguistic variation on them, (iii) that most questions about the semantics and pragmatics of indirect reports will rely on a full understanding of the nature of what is reported and how it gets reported, (iv) that an analysis of reporting requires the pragmatic tools of metarepresentation and a social, inter-personal understanding of relevance and shared knowledge. (shrink)

The contention of this article is that parents do have obligations to care for their children, but for reasons that are not typically offered. I argue that this obligation to care for one’s children is unfair to parents but not unjust. I do not provide a detailed account of what our obligations are to our children. Rather, I focus on providing a justification for any obligation to care for them at all.

Abstract: This chapter discusses speakers’ conceptions of reported entities as evident in reporting practices. Pragmatic analyses will be offered to explain the diversity of permissible reporting practices. Several candidate theses on speakers’ conceptions of reported entities will be introduced. The possibility that there can be a unified analysis of direct and indirect reporting practices will be considered. Barriers to this unification will be discussed with an emphasis on the cognitive abilities speakers use in discerning the entities referred to in reporting (...) contexts. (shrink)

Abstract: A self-abnegating person lacks contact with their agency. This can be against their will, in absence of their will, or voluntarily. This does not mean that they cannot provide reasons for or a narrative about their actions. It’s just that the reasons or narrative are someone else’s. People abnegate parts of their agency regularly; for example, within hierarchical institutions. In other cases, the self-abnegation is all-encompassing; for example, a victim of brainwashing. An agent in such a position can completely (...) fail to understand themselves or be understood by others as having a self. I focus on two problems related to self-abnegation. The first is whether there is a conception of a self that can reliably discriminate between strong selves and abnegated selves. The second is whether a person with an abnegated self should be treated as a person with a strong self. I conclude that the good of respecting derived or instrumental agency comes in putting that person in a position to agentially flourish and in maintaining the structural conditions and expectations of agency. (shrink)

Nanotechnology is an important platform technology which will add new features like improved biocompatibility, smaller size, and more sophisticated electronics to neuro-implants improving their therapeutic potential. Especially in view of possible advantages for patients, research and development of nanotechnologically improved neuro implants is a moral obligation. However, the development of brain implants by itself touches many ethical, social and legal issues, which also apply in a specific way to devices enabled or improved by nanotechnology. For researchers developing nanotechnology such issues (...) are rather distant from their daily work in the lab, but as soon as they use their materials or devices in medical applications such as therapy of brain diseases they have to be aware of and deal with them. This paper is intended to raise sensitivity for the ethical, legal and social aspects (ELSA) involved in applying nanotechnology in brain implants or other devices by highlighting the short term problems of testing and clinical trials within the existing regulatory frameworks (A), the short and medium-term questions of risks in the application of the devices (B) and the long-term perspectives related to problems of enhancement (C). To identify and address such issues properly nanotechnologists should involve ethical, legal and social experts and regulatory bodies in their research as early as possible. This will help to remove pressure from regulatory bodies, to settle public concern and to prevent non-acceptable developments for the benefit of the patients. (shrink)

If a person has lost all or most of her capacities for agency, how can she be harmed? This paper begins by describing several ways in which a person loses, or never develops, significant capacities of agency. In contrast with other work in this area, the central analyses are not of fetuses, small children, or the cognitively disabled. The central analyses are of victims of mistreatment or oppressive social circumstances. These victims are denuded of their agential capacities, becoming, in an (...) important sense, objects or pseudo-agents. In light of this, the concern of this paper is how further harm to ersatz agents should be understood. (shrink)

Introduction: The Dutch Euthanasia Act states that euthanasia is not punishable if the attending physician acts in accordance with the statutory due care criteria. These criteria hold that: there should be a voluntary and well-considered request, the patient’s suffering should be unbearable and hopeless, the patient should be informed about their situation, there are no reasonable alternatives, an independent physician should be consulted, and the method should be medically and technically appropriate. This study investigates whether physicians experience problems with these (...) criteria in medical practice.Methods: In 2006, questionnaires were sent to a random, stratified sample of 2100 Dutch physicians . Physicians were asked about problems in their decision-making related to requests for euthanasia or assisted suicide after enforcement of the 2002 Euthanasia Act.Results: Of all physicians who had received a request for euthanasia or assisted suicide , 25% had experienced problems in the decision-making with regard to at least one of the criteria of due care. Physicians who had experienced problems mostly indicated to have had problems related to evaluating whether or not the patient’s suffering was unbearable and hopeless and whether or not the patient’s request was voluntary or well considered .Discussion: Physicians in The Netherlands most frequently reported problems related to aspects in which they have to evaluate the patient’s subjective perspective. However, it can be questioned whether placing emphasis on these subjective aspects is an adequate fulfilment of the duties imposed on physicians, as laid down in the Dutch Euthanasia Act. (shrink)

The nature of unconscious information processing is a heavily debated issue in cognitive science, and neuroscience. Traditionally, it has been thought that unconscious cognitive processing is restricted to knowledge that is strongly prepared by conscious processes. In three experiments, we show that the task that is performed consciously can also be applied unconsciously to items outside the current task set. We found that a same–different judgment of two target stimuli was also performed on two subliminally presented prime stimuli. This was (...) true for target and prime stimuli from entirely different categories, as well as for prime and target stimuli at different levels of abstraction. These results reveal that unconscious processing can generalize more widely than previously accepted. (shrink)

Recently, new developments took place in the Dutch debate on the legislation of euthanasia. After a brief account of that debate, the article discusses a new government proposal for legislation in this field, which was submitted to the Dutch parliament in November 1991. This proposal relates not only to euthanasia but also to some other medical decisions concerning the end of life. The author concludes that, for several reasons, it is unsatisfactory.

The nature of unconscious information processing is a heavily debated issue in cognitive science , and neuroscience . Traditionally, it has been thought that unconscious cognitive processing is restricted to knowledge that is strongly prepared by conscious processes . In three experiments, we show that the task that is performed consciously can also be applied unconsciously to items outside the current task set. We found that a same–different judgment of two target stimuli was also performed on two subliminally presented prime (...) stimuli. This was true for target and prime stimuli from entirely different categories, as well as for prime and target stimuli at different levels of abstraction. These results reveal that unconscious processing can generalize more widely than previously accepted. (shrink)

Philosophers have long agreed that moral responsibility might not only have a freedom condition, but also an epistemic condition. Moral responsibility and knowledge interact, but the question is exactly how. Ignorance might constitute an excuse, but the question is exactly when. Surprisingly enough, the epistemic condition has only recently attracted the attention of scholars, and it is high time for a full volume on the topic. The chapters in this volume address the following central questions. Does the epistemic condition require (...) akrasia? Why does blameless ignorance excuse? Does moral ignorance sustained by one’s culture excuse? Does the epistemic condition involve knowledge of the wrongness or wrongmaking features of one’s action? Is the epistemic condition an independent condition, or is it derivative from one’s quality of will or intentions? Is the epistemic condition sensitive to degrees of difficulty? Are there different kinds of moral responsibility and thus multiple epistemic conditions? Is the epistemic condition revisionary? What is the basic structure of the epistemic condition? (shrink)

The advent of personal genomics companies offering direct translation of scientific data into personal health information, calls into question traditional policies to refuse disclosure of such scientific data to research participants. This seems especially true for population biobanks, as they collect not only genotype information but also associated phenotype information, and thus may be in a unique position to translate their scientific findings into personal health information for their participants. Disclosure of such information seems mandated by the expectations raised by (...) biobanks and their participants' rights to know health information, to know clinical research results, to life and health and particularly their right to benefit. Refusals to disclose such information can be grounded in the lack of analytical validity and/or clinical utility of most findings, the need to avoid the therapeutic misconception, the complexity and costs involved in translation and disclosure and the disproportionate burden resulting from the obligation to respect participants' right not to know before any disclosure can be made. Currently, any demands by participants in population biobanks for full disclosure of all pertinent personal health information potentially resulting from the biobank's scientific findings are unlikely to be granted by a Dutch court under Dutch and international law. As the law stands now, a population biobank is neither a doctor nor a personal genomics company. However, in view of the rapid scientific, medical, technological, commercial and social developments, population biobanks must prepare to take more care of their participants' legitimate interest in receiving as much validated personal health information as reasonably possible, in a timely fashion, by developing appropriate translation and disclosure mechanisms. This paper examines whether population biobank participants have the right, under Dutch civil law and international law, to full disclosure, i.e. to all information generated by the biobank that is pertinent to their present and future health. It pioneers the format of a hypothetical court case to elucidate the legal and policy arguments" for and against full disclosure. (shrink)

An epic project in both size and purview, Peter Sloterdijk's three-volume, 2,500-page Spheres is the late-twentieth-century bookend to Heidegger's Being and Time. Rejecting the century's predominant philosophical focus on temporality, Sloterdijk, a self-described "student of the air," reinterprets the history of Western metaphysics as an inherently spatial and immunological project, from the discovery of self to the exploration of world to the poetics of plurality. Exploring macro- and micro-space from the Greek agora to the contemporary urban apartment, Sloterdijk is able (...) to synthesize, with immense erudition, the spatial theories of Aristotle, René Descartes, Gaston Bachelard, Walter Benjamin, and Georges Bataille into a morphology of shared, or multipolar, dwelling--identifying the question of being as one bound up with the aerial technology of architectonics and anthropogenesis.Sloterdijk describes Bubbles, the first volume of Spheres, as a general theory of the structures that allow couplings--or as the book's original intended subtitle put it, an "archeology of the intimate." Bubbles includes a wide array of images, not to illustrate Sloterdijk's discourse, but to offer a spatial and visual "parallel narrative" to his exploration of bubbles.Written over the course of a decade, the Spheres trilogy has waited another decade for its much-anticipated English translation from Semiotext. Volumes II, Globes, and III, Foam, will be published in the coming seasons. (shrink)

Although Theodor W. Adorno is best known for his association with the Frankfurt School of Critical Theory, he began his career as a composer and successful music critic. _Night Music_ presents the first complete English translations of two collections of texts compiled by German philosopher and musicologist Adorno—_Moments musicaux_, containing essays written between 1928 and 1962, and _Theory of New Music_, a group of texts written between 1929 and 1955. In _Moments musicaux_, Adorno echoes Schubert’s eponymous cycle, with its emphasis (...) on aphorism, and offers lyrical reflections on music of the past and his own time. The essays include extended aesthetic analyses that demonstrate Adorno’s aim to apply high philosophical standards to the study of music. _Theory of New Music_, as its title indicates, presents Adorno’s thoughts and theories on the composition, reception, and analysis of the music that was being written around him. His extensive philosophical writing ultimately prevented him from pursuing the compositional career he had once envisaged, but his view of the modern music of the time is not simply that of a theorist, but clearly also that of a composer. Though his advocacy of the Second Viennese School, comprising composer Arnold Schoenberg and his pupils, is well known, many of his writings in this field have remained obscure. Collected in their entirety for the first time in English, the insightful texts in _Night Music _show the breadth of Adorno’s musical understanding and reveal an overlooked side to this significant thinker. (shrink)

Until recently, physician assisted suicide was dealt with on the same basis as active voluntary euthanasia in the Netherlands. Over the last years, several cases relating to assistance in suicide of mental patients did raise specific issues, not addressed so far in the debate on euthanasia. One of these cases resulted in a Supreme Court decision. The paper summarizes this decision and comments on it from a legal point of view.

Suppose that you are a doctor and that you prescribed a drug to a patient who died as a result. Suppose further that you could have known about the risks of this drug, and that you are blameworthy for your ignorance. Does the blameworthiness for your ignorance ‘transfer’ to blameworthiness for your ignorant action in this case? Many are inclined accept that such transfer can occur and that blameworthiness for ignorant conduct can be derivative or indirect in this way. In (...) this paper, we motivate a new problem for transfer proponents. Extant accounts cannot satisfactorily distinguish between agents who are blameworthy for their ignorance and their resulting ignorant conduct and agents who are blameworthy for their ignorance but not for their resulting ignorant conduct. We defend a solution that we call the ‘concern constraint’ that clearly distinguishes these cases. Our solution is distinct from the much discussed foreseeability constraint (according to which blameworthiness transfers only when the ignorant action is foreseeable), and it is less restrictive than Holly Smith's quality of will condition (according to which blameworthiness never transfers). We argue that any account of derivative or indirect blameworthiness for ignorant action should take the concern constraint on board. (shrink)

Until recently, physician assisted suicide was dealt with on the same basis as active voluntary euthanasia in the Netherlands. Over the last years, several cases relating to assistance in suicide of mental patients did raise specific issues, not addressed so far in the debate on euthanasia. One of these cases resulted in a Supreme Court decision. The paper summarizes this decision and comments on it from a legal point of view.

Developments in medical technology have increased the possibility of diagnosing severe structural abnormalities in the fetus If these occur, a woman may request termination of her pregnancy. This raises serious ethical and legal questions, in particular if the anomalies are discovered in the third trimester when the fetus is considered viable. Should doctors be allowed to act upon a request for abortion in such a situation, and, if so, which safeguards should be in place? These questions are discussed with special (...) reference to the Netherlands where a commission established by the government recently published a report on this matter. (shrink)