A community's abilities to promote health and maximize its response to public health threats require fulfillment of one of the four elements of public health legal preparedness, the capacity to effectively coordinate law-based efforts across different governmental jurisdictions, as well as across multiple sectors and disciplines. Government jurisdictions can be viewed “vertically” in that response efforts may entail coordination in the application of laws across multiple levels, including local, state, tribal, and federal governments, and even with international organizations. Coordination of (...) legal responses to public health emergencies also may involve a horizontal dimension comprising numerous and diverse sectors, such as public health, public and private health care, emergency management, education, law enforcement, the judiciary, and the military.Although responses to many acute health threats can implicate multiple jurisdictions and sectors, the jurisdictional and sectoral dimensions of legal preparedness are complex and may vary substantially by the nature of a threat, its geographic and geopolitical extent, and the operational response demanded. (shrink)

A community's abilities to promote health and maximize its response to public health threats require fulfillment of one of the four elements of public health legal preparedness, the capacity to effectively coordinate law-based efforts across different governmental jurisdictions, as well as across multiple sectors and disciplines. Government jurisdictions can be viewed “vertically” in that response efforts may entail coordination in the application of laws across multiple levels, including local, state, tribal, and federal governments, and even with international organizations. Coordination of (...) legal responses to public health emergencies also may involve a horizontal dimension comprising numerous and diverse sectors, such as public health, public and private health care, emergency management, education, law enforcement, the judiciary, and the military.Although responses to many acute health threats can implicate multiple jurisdictions and sectors, the jurisdictional and sectoral dimensions of legal preparedness are complex and may vary substantially by the nature of a threat, its geographic and geopolitical extent, and the operational response demanded. (shrink)

Late in 1990, the Center for the Study of Ethics in the Professions at Illinois Institute of Technology (lIT) received a grant of more than $200,000 from the National Science Foundation to try a campus-wide approach to integrating professional ethics into its technical curriculum.! Enough has now been accomplished to draw some tentative conclusions. I am the grant's principal investigator. In this paper, I shall describe what we at lIT did, what we learned, and what others, especially philosophers, can learn (...) from us. We set out to develop an approach that others could profitably adopt. I believe that we succeeded. (shrink)

The American Medical Association enacted its Code of Ethics in 1847, the first such national codification. In this volume, a distinguished group of experts from the fields of medicine, bioethics, and history of medicine reflect on the development of medical ethics in the United States, using historical analyses as a springboard for discussions of the problems of the present, including what the editors call "a sense of moral crisis precipitated by the shift from a system of fee-for-service medicine to a (...) system of fee-for-system medicine, better known as 'managed care.'" The authors begin with a look at how the medical profession began to consider ethical issues in the 1800s and subsequent developments in the 1900s. They then address the sociological, historical, ethical, and legal aspects of the practice of medicine. Later chapters discuss current and future challenges to medical ethics and professional values. Appendixes display various versions of the AMA's Code of Ethics as it has evolved over time. Contributors: George J. Annas, J.D., M.P.H., Arthur Isak Applbaum, Ph.D., Robert B. Baker, Ph.D., Chester R. Burns, M.D., Ph.D., Arthur L. Caplan, Ph.D., Alexander Morgan Capron, J.D., Christine K. Cassel, M.D., Linda L. Emanuel, M.D., Ph.D., Eliot L. Freidson, Ph.D., Albert R. Jonsen, Ph.D., Stephen R. Latham, J.D., Ph.D., Susan E. Lederer, Ph.D., Florencia Luna, Ph.D., Edmund D. Pellegrino, M.D., Charles E. Rosenberg, Ph.D., Mark Siegler, M.D., Rosemary A. Stevens, Ph.D., Robert M. Tenery, Jr., M.D., Robert M. Veatch, Ph.D., John Harley Warner, Ph.D., Paul Root Wolpe, Ph.D. (shrink)

In this article we engage with and against Foucault's provocation to think about diagrams of subjectivation. With Foucault we take up his meditation on spirituality and propose a Buddhist alternative to Greco-Roman technologies of self. Against Foucault's notion of an ‘arts of existence’ we suggest instead ‘cultivation of virtue’, drawing on, as an example, a famous Buddhist meditation on compassion. We conclude the article by proposing rethinking doctoral supervision in terms of a cultivation of virtue.

I was the graduate student that Albert Jonsen so aptly describes. Bronx born and educated at the City College of New York, I emigrated to the Midwest to study at the Minnesota Center for the Philosophy of Science, where May Brodbeck, Herbert Feigl and other “logical positivists” were engaging in an ongoing dialogue with postpositivists like Paul Feyerabend and Karl Popper. In this environment, I studied philosophy of science, epistemology, and metaethics—the epistemology and logic of ethical concepts and language. I (...) even wrote my thesis on the ur-text of the metaethical turn, G. E. Moore's Principia Ethica. Then, like other epistemologists and metaethicists, “a public disaster, the American military involvement in Southeast Asia,” as well as the burgeoning civil rights movement, drew me into the sphere of public debate. (shrink)

Although bioethics societies are developing standards for clinical ethicists and a code of ethics, they have been castigated in this journal as “a moral, if not an ethics, disaster” for not having completed this task. Compared with the development of codes of ethics and educational standards in law and medicine, however, the pace of pro-fessionalization in bioethics appears appropriate. Assessed by this metric, none of the charges leveled against bioethics are justified. The specific charges leveled against the American Society for (...) Bioethics and Humanities and its Core Competencies report are analyzed and rejected as artifacts of an ahistoric conception of the stages by which organizations professionalize. For example, the charge that the ASBH should provide definitive criteria for what counts as “medical ethics consultation” antecedent to further progress towards professionalization is assessed by comparing it with the American Medical Association's decades-long struggle to define who can legitimately claim the title “medical doctor.” Historically, clarity about who is legitimately a doctor, a lawyer — or a “clinical ethicist”— is a byproduct of, and never antecedent to, the decades-long process by which a field professionalizes. The charges leveled against ASBH thus appear to be a function of impatient, ahistoric perfectionism. (shrink)

Bioethicists function in an environment in which their peers - healthcare executives, lawyers, nurses, physicians - assert the integrity of their fields through codes of professional ethics. Is it time for bioethics to assert its integrity by developing a code of ethics? Answering in the affirmative, this paper lays out a case by reviewing the historical nature and function of professional codes of ethics. Arguing that professional codes are aggregative enterprises growing in response to a field's historical experiences, it asserts (...) that bioethics now needs to assert its integrity and independence and has already developed a body of formal statements that could be aggregated to create a comprehensive code of ethics for bioethics. A Draft Model Aggregated Code of Ethics for Bioethicists is offered in the hope that analysis and criticism of this draft code will promote further discussion of the nature and content of a code of ethics for bioethicists. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Theory of International Bioethics: Multiculturalism, Postmodernism, and the Bankruptcy of Fundamentalism 1Robert Baker (bio)AbstractThis first of two articles analyzing the justifiability of international bioethical codes and of cross-cultural moral judgments reviews “moral fundamentalism,” the theory that cross-cultural moral judgments and international bioethical codes are justified by certain “basic” or “fundamental” moral principles that are universally accepted in all cultures and eras. Initially propounded by the judges at (...) the 1947 Nuremberg Tribunal, moral fundamentalism has become the received justification of international bioethics, and of cross-temporal and cross-cultural moral judgments. Yet today we are said to live in a multicultural and postmodern world. This article assesses the challenges that multiculturalism and postmodernism pose to fundamentalism and concludes that these challenges render the position philosophically untenable, thereby undermining the received conception of the foundations of international bioethics. The second article, which follows, offers an alternative model—a model of negotiated moral order—as a viable justification for international bioethics and for transcultural and transtemporal moral judgments.Man in the Twentieth Century can not be circumscribed by the standards of any single culture.American Anthropological Association (1948) in a statement officially denouncing the 1948 United Nation’s Declaration of Human Rights.Recently... so-called “liberal” medicine has revived the old rights of a clinic understood in terms of a special contract, a tacit pact made between one man and another. This patient gaze has even been attributed the power of assuming [a role in clinical decision making].Miracles are not so easy to come by....Michel Foucault (1975, p. 5) [End Page 201]An Overview of the AnalysisInternational bioethics originated in the trauma of the Holocaust, specifically, in the 1946–1947 Nuremberg “Doctors Trial” when a tribunal of three American judges convicted Nazi medical researchers of “crimes against humanity.” In justifying their judgment, the Nuremberg Tribunal cited 10 principles for morally permissible research, which, they claimed, were based on “fundamental” principles that civilized societies “all agree” upon and accept as the foundations of their “moral, ethical, and legal” norms. Foremost among the principles was one stating that morally permissible human experiments require the informed voluntary consent of the subject. The Nuremberg judgment soon became associated with the ideal of human rights declared in the 1948 United Nations Charter. These two ideas—fundamental principles of morality and human rights—have been linked in all major formulations of international bioethics promulgated in the past 50 years, including the Council of Europe’s 1997 Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine (Council of Europe 1997; Dommel and Alexander 1997). In this paper, I explore the received justification for international bioethics—the idea that it is grounded in fundamental principles accepted in all societies—tracing it from its initial, almost off-hand, promulgation by the Nuremberg Tribunal, through its more thoughtful development by such bioethicists as Ruth Macklin, to its more complex use by the President’s Advisory Committee on Human Radiation Experiments.After a brief review of the evolution of the received justification, I discuss the viability of this justification in the face of the critique implicit in two important intellectual movements: multiculturalism and postmodernism. In the international context, multiculturalism asserts the claim that there are no common moral principles shared by all cultures. Postmodernism asserts a similar claim against all universal standards, moral and nonmoral. In the 1990s, bioethicists have attempted to respond to these claims in various ways. These responses are documented, analyzed, and then shown to be “bankrupt,” in the sense that they undercut the most important objective of moral fundamentalism: the justification of transcultural moral judgments, such as the condemnation of the Nazi doctors.A second article, which follows the present one in the same issue of the Kennedy Institute of Ethics Journal, revisits the contractarian tradition [End Page 202] of Hobbes and Locke, as it has been reinterpreted by David Gauthier (1986), John Rawls (1971, 1993), and Robert Nozick (1974), to develop the idea of negotiated moral order as the basis of international bioethics. When conceptualized as a negotiated moral order, international bioethics can accept the genuine insights... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Theory of International Bioethics: The Negotiable and the Non-NegotiableRobert Baker (bio)AbstractThe preceding article in this issue of the Kennedy Institute of Ethics Journal presents the argument that “moral fundamentalism,” the position that international bioethics rests on “basic” or “fundamental” moral principles that are universally accepted in all eras and cultures, collapses under a variety of multicultural and postmodern critiques. The present article looks to the contractarian tradition (...) of Hobbes and Locke—as reinterpreted by David Gauthier, Robert Nozick, and John Rawls—for an alternative justification for international bioethics. Drawing on the central themes of this tradition, it is argued that international bioethics can be rationally reconstructed as a negotiated moral order that respects culturally and individually defined areas of nonnegotiability. Further, the theory of a negotiated moral order is consistent with traditional ideals about human rights, is flexible enough to absorb the genuine insights of multiculturalism and postmodernism, and yet is strong enough to justify transcultural and transtemporal moral judgments, including the condemnation of the Nazi doctors at Nuremberg. This theory also is consistent with the history of the ethics of human subjects experimentation and offers insights into current controversies such as the controversy over changing the consent rule for experiments in emergency medicine and the controversy over exempting certain clinical trials of inexpensive treatments for preventing the perinatal transmission of AIDS from the ethical standards of the sponsoring country.The Preamble to the Council of Europe’s (1997) Convention on Human Rights and Biomedicine, the most recently ratified code of international bioethics, is noteworthy because it never mentions “principles,” the concept most frequently cited by the fundamentalists as basic to international bioethics. Instead it stresses rights, a concept that has been utterly ignored by the fundamentalist theorists of international bioethics. The Preamble exemplifies a conception of international [End Page 233] bioethics as an ethics of covenants and conventions grounded in human rights. In the full text of the Preamble, the term “rights” appears eight times and the expressions “convention” and “covenant” are used six times; the term “principle” does not appear at all. In this essay, I develop a theoretical framework for international bioethics based on conventions, covenants, and areas of “nonnegotiability”—a concept that serves as a functional analogue to the traditional notion of “human rights.” I also shall argue that, unlike the theory of basic principles central to moral fundamentalism, the theory of negotiated morality appears immune to the multicultural and postmodern critiques of international bioethics that were analyzed in the preceding article in this issue of the Kennedy Institute of Ethics Journal (Baker 1998).Negotiated Moral Order: A Model for International BioethicsReconsidering ContractarianismThe linkage of “conventions” and “covenants” with human rights that is evident in the Council of Europe’s Convention on Human Rights and Biomedicine traces back directly to the moral and political theories of Thomas Hobbes and John Locke. Such philosophers as David Gauthier (1986), Robert Nozick (1974), and John Rawls (1971, 1993) recently have reinvigorated this classic contractarian line of analysis. In this section, I shall reconsider classical contractarian theory from a perspective informed by these more recent analyses.The most riveting feature of all forms of contractarian theory is the metaphor of the contract itself, particularly the legitimating role it accords to assent. Because contractarians look to the assent of those who would be bound by a moral norm as ultimately the sole source of a norm’s legitimacy, the most important corollary of contractarian moral theory is that moral norms are illegitimate insofar as agents either in principle could not, hypothetically would not, or actually will not rationally assent to be bound by them. Contractarians also argue that because legal norms are legitimated by acceptance of the authority of those who promulgate them, the authority of such norms is bounded by the actual or hypothetical assent of the governed. These features of contractarian analysis generate the correlative concepts of human rights and civil rights.Less often remarked, but nonetheless integral to the metaphor of the social contract, is the contractarian recognition that the interests of the [End Page 234] parties who contract to form civil society are naturally in conflict (or, as Hobbes put... (shrink)

A decade ago some members of the American Society for Bioethics and the Humanities (ASBH) concluded that the society's reluctance to develop a code of professional ethics, although a tolerable anom...

Shen-yi Liao and Vanessa Cabonell’s “Materialized Oppression in Medical Tools and Technologies,” joins the long list of groundbreaking papers whose importance is obscured by an innocuous title. Som...

At the center of_ In Dark Again in Wonder_ are readings of René Char and George Oppen. Both of these poets achieved recognition at a young age, Char among the French surrealists in the 1930s, Oppen among the American objectivists in the same decade. Both were independent individuals who, having found their way to communities of inventive writers, stepped back and shaped their own idiosyncratic paths. Both responded decisively to the social upheavals of the 1930s and ‘40s. Oppen committed himself (...) to radical politics in the ‘30s, a decision that, as it turned out, led to his not writing poetry for nearly twenty-five years. Char fought in the Resistance in the '40s. Both, in their mature work, developed a kind of poetry that is at once a love poetry, a meditative poetry, and a poetry of encounter. The concluding chapter of the book places the questions raised by Char’s and Oppen’s work in a larger context, tracing the cultural history that shapes our modern experience of inhabiting a tension between an historical and a metaphysical horizon of experience, or, as this appears in a different but related light, a tension between a sociological and an existential understanding of our lives. Char and Oppen are both poets concerned with the old philosophical questions that are still with us—the nature of spiritual freedom, the gathering of the self in relation to death, the meditation on the whole, the turn to Nature as the open space of the whole under the conditions of modernity, the clarification of the ground of vision in eros and love, and the search for the good life—while at the same time they fully engage the social predicaments and promises of their world. "A brilliant, philosophical, and aesthetic approach to twentieth-century poetry that casts important light on the great poetic works of René Char and George Oppen. Revealing the ongoing role of wonder in the post-Romantic tradition, it points to two remarkable poets whose work embodies imagination in the knowledge of inevitable loss, renewal in the awareness of despair. This is a book worth reading for its insight into two poets and the larger literary and philosophical currents in which they lived and worked." _—Sandra L. Bermann, Princeton University_ "This is a brilliant, erudite, beautifully written, and compelling book, one that makes an important contribution to our understanding not only of the two poets on whom it focuses but of the period they inhabit and that we, as their inheritors, continue to inhabit. Robert Baker wears his considerable learning lightly, but he has deep knowledge both of the history of European and American poetry and of the history of philosophy. He has thought deeply and passionately about poetry, philosophy, history, and the ways in which they intertwine." —_Henry Weinfield, University of Notre Dame_ "Robert Baker has written a fine and unusual book: a study of two remarkable poets, one French and the other American, and a concluding reflection of considerable literary and intellectual reach on the gap between history and metaphysics in which both poets found themselves and in which we still subsist. Bake'rs style is synthetic, magisterial, drawing on a capacious knowledge of literature and the history of ideas." —_Kevin Hart, University of Virginia_. (shrink)

This chapter, ‘Friendship and the Moral Life in Iris Murdoch’s Novels’ revisits the subject of sexual relationships, not from the problematic perspective brought to them in Anne Rowe’s earlier chapter, but in a positive light. In his analysis of the educational potential of friendship and sexuality Robert Baker contends that sexual intimacy teaches Murdoch’s characters not only about themselves and their own identity but also about the reality of the other person. It thus acts as a force for (...) learning to attend to the world outside the self which is the desideratum of Murdoch’s moral pilgrimage. He surveys the apparent acceptance by Murdoch scholars that such moral development is necessarily a solitary and lonely endeavour before juxtaposing that impression—given prominence in the M and D scenario Murdoch creates in The Sovereignty of Good (1970)—with the relationships she portrays in her novels. Close readings of the friendship of Tom MacCaffrey and Emmanuel Scarlett-Taylor in The Philosopher’s Pupil (1983) and of Harvey Blackett’s relationship with Sefton Anderson in The Green Knight support Baker’s contention that physical affection can be a guide to the good. Borrowing an image from the latter novel he claims that in her fiction ‘Murdoch represents the moral life not as a lonely pilgrimage toward reality, but as a passeggiata with others in which one gives way to a movement larger than and beyond oneself’ (177), a viable interpretation which reads the passeggiata with an interestingly different slant from other current critics such as Rebecca Moden, who regards it as Murdoch’s ‘metaphor for the nature of human existence’ and ‘a troubling image of the impoverished quality of human consciousness in the late twentieth century’. (shrink)

When laypeople learned what decisions physicians were making about laypeople's health they were often appalled. … They discovered that physicians … were making controversial moral moves, choices th...

In his deftly argued, “A Defense of Unqualified Confidentiality” (Kipnis 2006), Kenneth Kipnis challenges the received view that a physician's duty of confidentiality must be balanced against a dut...

In ‘New Threats to Academic Freedom’ Francesca Minerva argues that anonymity for the authors of controversial articles is a prerequisite for academic freedom in the Internet age. This argument draws its intellectual and emotional power from the author's account of the reaction to the on-line publication of ‘ After-birth abortion: why should the baby live?’ – an article that provoked cascades of hostile postings and e-mails. Reflecting on these events, Minerva proposes that publishers should offer the authors of controversial articles (...) the option of publishing their articles anonymously. This response reviews the history of anonymous publication and concludes that its reintroduction in the Internet era would recreate problems similar to those that led print journals to abandon the practice: corruption of scholarly discourse by invective and hate speech, masked conflicts of interest, and a diminution of editorial accountability. It also contends that Minerva misreads the intent of the hostile e-mails provoked by ‘After-birth abortion,’ and that ethicists who publish controversial articles should take responsibility by dialoguing with their critics – even those whose critiques are emotionally charged and hostile. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Medical Ethics in a Time of De-CommunizationRobert Baker (bio)Ethics is often treated as a matter of ethereal principles abstracted from the particulars of time and place. A natural correlate of this approach is the attempt to measure actual codes of ethics in terms of basic principles. Such an exercise can be illuminating, but it can also obscure the circumstances that make a particular codification of morality a meaningful (...) response to specific historic circumstances. This is particularly true of the codes of medical ethics beginning to emerge from the post-Communist societies of Eastern Europe, which are, perhaps, best understood as artifacts of an era, rather than as expressions of abstract principles.The era in question is post-Communist. It is an era informed by a reaction to decades of Communism, which, of course, was more than an economic system or even an ideology; it was a form of life that permeated every aspect of civil society—advertising, art, literature, music. Medicine was not exempt. I recall entering an oncology ward in East Berlin and finding the patients seated around a large table making posters. Wondering whether this was a form of art therapy, I asked the head nurse what the patients were doing. She replied: it is "Party time—the portion of each week every citizen donates to the people and the Party." I looked again at the posters and saw that they honored Karl Marx on the 100th anniversary of his death: "1883-1983, The Struggle Goes On." The Party, the struggle, the people, were everywhere, and they penetrated and informed daily life even for terminal patients on a cancer ward.The interweaving of Communist practices into the warp and woof of daily life has profound implications for the post-Communist era. It means that East Europeans cannot simply rebuild; they must unweave Communist thought patterns—what might be called the ideostructure of Communism—from the fabric of their lives through a deliberate process of deCommunization. What remains after de-Communization depends upon [End Page 363] the historical relationship each country had with Communism. In Russia, removing Communist ideostructure sets the conceptual calendar back to 1918. For the Czechs, the calendar advances to the 1930s, leaving them with thought patterns that are Western, industrial, and democratic. In the rest of Eastern Europe the conceptual clock also tends to turn back to the 1930s, but at that time the conceptual frameworks were nationalist, anti-Western, and frequently fascist, or even Nazi.In Poland the situation is different. World War II opened with the Nazi invasion of the country—which Hitler (later joined by Stalin) subsequently occupied. After the war, the Soviet army controlled the country, which became a captive player in the Soviet sphere of influence (aptly denominated, "the Warsaw Pact"). Poland's pre-Communist thought patterns are nationalist, West-leaning, accepting of parliamentary structures, but also of authoritarian government. They are also Catholic.Catholicism to Poles is not merely a religion, it is a posture of opposition to their German (Nazi, antichristian) and Russian (Orthodox or atheist) occupiers. I toured Polish hospitals several times during the Communist period —always accompanied by one or more "tour guides." (Westerners were not allowed to roam Communist countries unescorted.) Almost all of my guides wore little pins adorned with the face of Lenin (not the hammer and sickle—a symbol of Soviet occupation). Most doctors and nurses, however, adorned themselves with Catholic icons—typically a crucifix. Their conspicuously displayed crosses symbolized less their embrace of Catholicism than their rejection of Communism. Catholicism, in the Polish context, was thus an affirmation of individual and national independence.De-Communizing Polish Medical Ethics: The Abortion ControversyIn Poland, de-Communization was initiated through a series of negotiations between Lech Walensa's Solidarity and the Communist Government. The Polish Code of Medical Ethics is an indirect consequence of these negotiations, which stipulated the dissolution of Communist medical organizations. They were to be replaced by a Polish Medical Chamber—a type of quasi-governmental body, common in Eastern Europe, which combines the functions of a governmental licensing agency with those of a national medical association. Medical chambers also set standards of professional conduct and (unlike... (shrink)

Tom Beauchamp and James Childress‘s revolutionary textbook, Principles of Biomedical Ethics, shaped the field of bioethics in America and around the world. Midway through the Principle’s eight editions, however, the authors jettisoned their attempt to justify the four principles of bioethics —autonomy, beneficence, nonmaleficence, justice—in terms of ethical theory, replacing it with the idea that these principles are part of a common morality shared by all rational persons committed to morality, at all times, and in all places. Other commentators contend (...) that their theory has never been empirically confirmed and is unfalsifiable, since counterexamples can be deemed irrational, or as held by those living lives not committed to morality. The thesis of this paper is that common morality theory is the artifact of a category mistake—conflating common areas regulated by moral norms with common norms regulating moral conduct—that accords mid-twentieth century American liberal morality the status of transcultural, transtemporal, eternal moral truths. Such a conception offers bioethicists no tools for analyzing moral change—moral progress, regress, reform, evolution, devolution, or revolution—no theoretical basis for deconstructing structural classicism, racism, and sexism, or for facilitating international cooperation on ethical issues in the context of culturally based moral differences. (shrink)

: Medical ethics often is treated as applied ethics, that is, the application of moral philosophy to ethical issues in medicine. In an earlier paper, we examined instances of moral philosophy's influence on medical ethics. We found the applied ethics model inadequate and sketched an alternative model. On this model, practitioners seeking to change morality "appropriate" concepts and theory fragments from moral philosophy to valorize and justify their innovations. Goldilocks-like, five commentators tasted our offerings. Some found them too cold, since (...) they had already abandoned applied ethics; others too hot, since they still find the applied ethics model to their taste. We reply that the appropriation model offers an empirically testable account of the historical relationship between moral philosophy and medical ethics that explains why practitioners appropriate concepts and fragments from moral philosophy. In contrast, the now fashionable common morality theory neither explains moral change nor why practitioners turn to moral philosophy. (shrink)

Augustine’s account of time is often praised as unique among the philosophical doctrines found in late antiquity, but in the same laudatory breath, commentators almost always reject his ideas. This dual response finds popular voice in Bertrand Russell’s A History of Western Philosophy, in which he states that although he disagrees with Augustine’s conclusions, it is a “great advance on anything to be found on the subject in Greek philosophy.” According to this traditional interpretation, Augustine argues for a subjective idealism (...) regarding time wherein time is dependent on the human mind and is upheld by the mental attitudes of expectation, attention, and memory. Philosophers claim that a purely subjectivist conception of time, though intriguing, is unable to make sense of our best scientific theories. And theologians like Robert W. Jenson have even described Augustine’s account of time as a deeply confused artifact of his incompatible commitments to Neoplatonism and Christianity. -/- In contrast, I argue that Augustine’s view of time is both similar to our current scientific understanding of time and theologically useful. Once we understand Augustine’s approach, both in the context of his time and our own, I believe we can find insight about time as such and learn an important lesson about appropriate methodology for Christian philosophers and theologians. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Osip Mandelstam and the Modernist Creation of TraditionHarold D. BakerOsip Mandelstam and the Modernist Creation of Tradition, by Clare Cavanagh; xii & 365 pp. Princeton: Princeton University Press, 1995, $39.50.The great, enigmatic poet of twentieth-century Russia, Osip Mandelstam (1891–1938), employed a poetics based on recollection. The word-soul or psyche is not contained within a linguistic body but hovers amorously over it, [End Page 257] fleeing any too crude (...) attempt at capture. The reader must trace out Mandelstam’s personal networks of association, both inside and outside the text, before a kernel of thought and emotion can be recognized (“only the moment of recognition is sweet to us,” goes a famous line from his “Tristia”). Although Clare Cavanagh’s book does not emphasize this theme, her tactics could hardly be better suited to Mandelstam’s peculiar poetic sensibility.Osip Mandelstam and the Modernist Creation of Tradition is an exhaustive exploration of historical and cultural context. It opposes itself explicitly to the traditional structuralist and semiotic approaches to Mandelstam, and takes his works in their “secular” rather than their “hermetic” aspect (to borrow terms from Robert Scholes). In that sense it seeks to recollect and bring to mind everything that might affect our understanding of Mandelstam’s oeuvre. This turns out to be a varied field: Pound and Eliot (coeval modernists whose ideas resonate significantly with his), François Villon, Byzantine and Gothic church architecture, the marginalized yet culturally dynamic position of the Russian Jew, Pindar (an exemplar of the social-economic relation of poet to state), Dante, the psychology of literary play, and even Charlie Chaplin. Although it does not use extensive biographical framing, the book proceeds through Mandelstam’s poetry and prose in chronological order, alternately pursuing aspects of context and concentrating on selected works by Mandelstam for sustained analysis.What results is perhaps the most serious comprehensive work on the poet produced so far. Cavanagh’s approach may appear diffuse at first, but it enables her to capture a great deal of this elusive genius without confining Mandelstam within a narrow critical purview. The book’s argument is that Mandelstam qualifies as a central modernist poet through his agonistic relation to an ideal of “world culture.” He attempts to recreate an authoritative literary and cultural tradition that his own innovative work would both continue and transform. And it is from this point of view that Mandelstam’s Jewishness appears so significant to Cavanagh (a chief issue in three out of eight chapters): it gives a precise formula for that position both inside and outside of the dominant culture. Cavanagh even contends quite suggestively that, for Mandelstam, both Dante and Chaplin function as avatars of Jewishness.All this is well-founded and important, but perhaps the best thing about her book is that its central argument doesn’t do justice to the richness of Cavanagh’s own materials. Her discussion does not weaken, for instance, as it leaves Mandelstam’s early period, when the notion of “world culture” was indeed an obsessive one for him. The book is equally effective on the brilliant late poems of the Voronezh cycle, by which time not only a place in world culture but even a secure place in human society seemed futile dreams to Mandelstam. Cavanagh’s readings of the prose and especially the poetry are flexible and sensitive; she gives beautiful accounts of the poetic wordplay and follows closely the ebb and flow of musicality in the verse from one period and [End Page 258] collection to another. More than a milestone in Mandelstam studies, this book brings the poet closer to realizing his fondest dream: a responsive, understanding readership or “interlocutor.”Harold D. BakerUniversity of California, IrvineCopyright © 1996 The Johns Hopkins University Press... (shrink)

In The Postmodern Animal, Steve Baker explores how animal imagery has been used in modern and contemporary art and performance, and in postmodern philosophy and literature, to suggest and shape ideas about identity and creativity. Baker cogently analyses the work of such European and American artists as Olly and Suzi, Mark Dion, Paula Rego and Sue Coe, at the same time looking critically at the constructions, performances and installations of Robert Rauschenberg, Louise Bourgeois, Joseph Beuys and other (...) significant late twentieth-century artists. Baker's book draws parallels between the animal's place in postmodern art and poststructuralist theory, drawing on works as diverse as Jacques Derrida's recent analysis of the role of animals in philosophical thought and Julian Barnes's best-selling Flaubert's Parrot. (shrink)

Leibniz has enjoyed a prominent place in the history of thought about possible worlds.' I shall argue that on the feading interpretation of Leibniz's account of contingency — an ingenious interpretation with ample textual support — possible worlds may be invoked by Leibniz only on pain of inconsistency. Leibnizian contingency, as reconstructed in detail by Robert C. Sleigh, Jr.,z will be shown to preclude propositions with different truth-values in different possible worlds.

The gist of Edward Said’s attack on Israel is that Zionism is racism. The very appearance of his essay in a special issue devoted to racism is an interesting fact in itself. But the fact that the editors up until now received no responses to Said carries special significance. It signals, or can be read as signaling, that the literary-critical establishment has reached a consensus and that liberal supporters of Israel in our discipline have retreated from the field.I may be (...) wrong about this, of course, for other explanations are possible, but Houston A. Baker, Jr.’s observations a year later on that special issue would seem to reinforce my view. Baker describes Said’s method as aiming “to prove that ‘A’ is as good as ‘B’ and to induce shame in defenders of ‘B’ who have made other axiological choices.” Baker protests against this method, however, since it gives too much play to “B,” so that “it is difficult to hear a Palestinian voice separate from the world of Jewish discourse.” Then he adds in parentheses: “”2 In Baker’s language, only Jews are likely to disagree, and these “Jews,” conceived as a unitary group, are a client state and are compared by means of allusion to the corrupt, libidinous king who executed the true prophet , the herald of Jesus. These comments are remarkable in any context, but especially so in a forum on racism. Robert J. Griffin is a lecturer in English at Tel Aviv University. He is currently working on two books, one on Samuel Johnson and one on literary historiography. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Is Bioethics Applied Ethics?Robert M. VeatchBioethics is often referred to as a kind of applied ethics. The term applied ethics can be controversial if it is taken to imply that ethical theory from philosophy or religious ethics has to be the starting point for ethical analysis of some practical field such as medicine or law or politics. The term can be understood as requiring some premises from an (...) ethical theory that are then "applied" to some problem area, as a "top down" way of doing the work of moral reflection in a way that axioms in geometry are applied to present proofs of mathematical claim.The publication of an important work in the history of medical ethics, A History of Medical Ethics, provides an opportunity to reflect more carefully on what applied ethics means. That massive multi-authored volume edited by Robert Baker and Laurence McCullough (2007) is scheduled for publication this fall. With the permission of the Press, we have asked Baker and McCullough to prepare an article-length version of one of the central essays in that work. Their paper challenges the idea that ethical theory should be "applied" to medicine or other fields, putting forth an alternative of the "appropriation" of an ethical theory by the formulation of concepts, principles, moral rules, or other specifications that may turn out to be unique or at least modified for the particular field in question.In this issue of the Kennedy Institute of Ethics Journal, we publish the Baker-McCullough article together with five critical commentaries. We include two medical historians who have a sustained commitment to studying the history of ethics in medicine, two systematic ethicists who have an unusual level of commitment to studying ethics historically, and a physician with unusual sensitivity to the history of medical ethics. Each comments on the Baker-McCullough thesis and offers an alternative view of the link between ethical theory and the field of biomedical ethics.Daniel Fox triggered some of the initial reflection on the history of medical ethics in the 1970s. His work is discussed by Baker and McCullough. Fox is sympathetic with the Baker-McCullough appropriation thesis, viewing their position as complementary to his own, although he [End Page 1] urges more attention to the political aspects of medicine, professional dominance, and professional control of medical resources.Ulf Schmidt, a specialist on the historical aspects of research during the Nazi era, focuses on Baker and McCullough's use of that historical example of the appropriation of medical ethics.The two ethicists who comment both have had many years experience with historical aspects of medical ethics, and both worked on the historically important Belmont Report of the National Commission for the Protection of Human Subjects. Both question whether Baker and McCullough overstate the problem of the relation between application and appropriation. Albert Jonsen, as a member of the National Commission, concentrates on the Belmont Report, showing how he sees the report appropriating philosophical ethics.Tom Beauchamp, who was the primary staff person responsible for the report, provides a somewhat different read on the report and particularly on the role of Kantian ethics in the report's discussion of autonomy. Beauchamp accuses Baker and McCullough of having too narrow an understanding of the meaning of the term "applied," claiming that no people doing medical ethics today would simply apply ethical theory in a deductivist manner.Finally, Jeremy Sugarman, the physician ethicist, is, in a somewhat surprising turn, the cautious defender of the application that Baker and McCullough challenge. Although he ends up sympathetic with the appropriation that implies going beyond straight-forward top-down application, he outlines the value of ethical theory for the practical analysis of ethical problems in fields such as medicine.ReferenceBaker, Robert, and McCullough, Laurence, eds. 2007. A History of Medical Ethics. New York: Cambridge University Press, in press. [End Page 2]Google ScholarCopyright © 2007 Johns Hopkins University Press... (shrink)

Since its inception in 2010, the Network for Public Health Law has aligned with federal, state, tribal, and local public health practitioners to assess how law can promote and protect the public’s health. In 2013, Network authors illustrated major trends in public health laws and policies emanating from an internal assessment of thousands of requests for technical assistance nationally. More recently, the Robert Wood Johnson Foundation has invited the Network and other partners to consider new ideas and strategies toward (...) building a “culture of health.” Per Figure 1, RWJF’s conception of a culture of health emphasizes key action areas essential to the promotion of health across all sectors and diverse populations. (shrink)

Over the course of his distinguished career, Edward Weinshel has been a moral and intellectual force in contemporary psychoanalysis and an outspoken opponent of current trends in and out of the field toward dehumanization and deindividualization. _Commitment and Compassion in Psychoanalysis_, under the editorship of Robert Wallerstein, brings together 14 of Weinshel's major papers. The six clinical papers reprinted in this collection address the kaleidoscope of common personality organizations and propensities which, in their extreme variants, motivate individuals to seek (...) psychoanalytic assistance, covering topics that include "neurotic equivalents" of necrophilia, negation, lying, "gaslighting", perceptual distortion during analysis, and inconsolability. These clinical expositions are supplemented by eight theoretical papers in which Weinshel gives expression to the metapsychological paradigm of ego pyschology as it existed in the 70s and 80s. Four of the papers from the early 70s cover "the ego in health and normality," the transference neurosis, and various aspects of the training analysis. The remaining four papers, published between 1984 and 1992, chronicle Weinshel's notion of resistence as the clinical unit of the psychoanalytic process, his elucidation of specifically "psychoanalytic change" as it grows out of the psychoanalytic process, and his affirmation of modern conflict theory in the face of theoretical pluralism. Carefully edited by Robert Wallerstein and including an introductory essay by Leonard Shengold, _Commitment and Compassion in Psychoanalysis_ brings to contemporary debates the voice of a principled exemplar of the psychoanalytic calling. Balancing intellectual acuity with a profoundly caring temperament, and augmenting respect for the psychoanalytic tradition with a flair for original ideas, Edward Weinshel speaks to all who wrestle daily with the burdens, challenges, and healing promise of the impossible profession. (shrink)

Numerous labor-management issues possess ethical dimensions and pose ethical questions. In this article, the authors discuss four labor-management issues that present important contemporary problems: union organizing, labor-management negotiations, employee involvement programs, and union obligations of fair representation. In the authors view, labor and management too often view their ethical obligations as beginning and ending at the law''s boundaries. Contemporary business realities suggest that cooperative and enlightened modes of interaction between labor and management seem appropriate.

This edition of the Handbookfollows the first edition by 10 years.

This book has been written in the hopes of equipping teachers-in-training—that is, teacher candidates—with the skills needed for action research: a process that leads to focused, effective, and responsive strategies that help students succeed.

The story of this book of 'materials on Ludwik Fleck' is also the story of the reception of Ludwik Fleck. In this volume, some essential materials which have been produced by that reception have been gathered together.

Proceedings of the Boston Colloquium for the Philosophy of Science 1969/1972.