The recent Minnesota case of In re Emergency Guardianship of Albert Barnes illustrates an emerging class of cases where a dispute between a family proxy and a hospital over “medical futility” requires legal resolution. The case was further complicated by the patient’s spouse who fraudulently claimed to be the patient’s designated health care proxy and who misrepresented the patient’s previously expressed treatment preferences. Barnes demonstrates the degree of significant administrative and institutional support to the health care team, ethics consultants, and (...) futility committees that is required when a futility dispute escalates to the need for judicial resolution. An institutional futility policy, especially one that is endorsed by other regional medical centers and organizations, is an important foundation for a hospital that seeks judicial support in a dispute over medical futility in end of life care. (shrink)

Futility disputes are increasing and courts are slowly abandoning their historical reluctance to engage these contentious issues, particularly when confronted with inappropriate surrogate demands for aggressive treatment. Use of the judicial system to resolve futility disputes inevitably brings media attention and requires clinicians, hospitals, and families to debate these deep moral conflicts in the public eye. A recent case in Minnesota, In re Emergency Guardianship of Albert Barnes, explores this emerging trend and the complex responsibilities of clinicians and hospital administrators (...) seeking to replace an unfaithful surrogate demanding aggressive therapy. Use of the courts requires the coordinated commitment of significant institutional resources, management of intense media scrutiny and individual and organizational courage to enter the unpredictable world of litigation. Given the dearth of legislative guidance on medical futility, individual clinicians and institutions will continue to bear the difficult responsibility for resolution of individual futility disputes. The Barnes case illustrates how one institution successfully used the judicial system to replace an unfaithful surrogate, cease the provision of inappropriate aggressive care, and stimulate a community dialogue about appropriate care at the end of life. (shrink)

We argue that critiques of political process theory are beginning to coalesce into new approach to social movements--a "multi-institutional politics" approach. While the political process model assumes that domination is organized by and around one source of power, the alternative perspective views domination as organized around multiple sources of power, each of which is simultaneously material and symbolic. We examine the conceptions of social movements, politics, actors, goals, and strategies supported by each model, demonstrating that the view of society and (...) power underlying the political process model is too narrow to encompass the diversity of contemporary change efforts. Through empirical examples, we demonstrate that the alternative approach provides powerful analytical tools for the analysis of a wide variety of contemporary change efforts. (shrink)

In this essay I identify a type of linguistic phenomenon new to feminist philosophy of language: biased evaluative descriptions. Biased evaluative descriptions are descriptions whose well-intended positive surface meanings are inflected with implicitly biased content. Biased evaluative descriptions are characterized by three main features: (1) they have roots in implicit bias or benevolent sexism, (2) their application is counterfactually unstable across dominant and subordinate social groups, and (3) they encode stereotypes. After giving several different kinds of examples of biased evaluative (...) descriptions, I distinguish them from similar linguistic concepts, including backhanded compliments, slurs, insults, epithets, pejoratives, and dog whistles. I suggest that the traditional framework of Gricean implicature cannot account for biased evaluative descriptions. I discuss some challenges to the distinctiveness and evaluability of biased evaluative descriptions, including intersectional social identities. I conclude by discussing their social significance and moral status. Identifying biased evaluative descriptions is important for a variety of social contexts, from the very general and broad (political speeches) to the very particular and small (bias in academic hiring). (shrink)

All of these essays focus on the concept of modernity in the philosophical work of Jurgen Habermas - an ambitious and carefully argued intellectual project that invites, indeed demands, rigorous scrutiny. Following an introductory overview of Habermas's work by Richard Bernstein, Albrecht Wellmer's essay places the philosopher within the tradition of Hegel, Marx, Weber, and Critical Theory. Martin Jay discusses Habermas's views on art and aesthetics, and Joel Whitebook examines his interpretations of Freud and psychoanalysis, Anthony Giddens offers a (...) critical reading of Habermas's major work, "The Theory of Communicative Action. Richard Rorty criticizes the whole thrust of his program by way of a comparison with the work of the French philosopher of postmodernity, Jean-Francois Lyotard. And Thomas McCarthy concentrates on the question of the selectivity of rationalization processes in the modern age. Habermas himself has three contributions - on Marcuse, on neoconservativism, and a reply to the other essayists. Richard J. Bernstein is T. Wistar Brown Professor of Philosophy at Haverford College. He was editor of the journal "Praxis International, in which these essays recently appeared. "Habermas and Modernity "is included in the series Studies in contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

A Conversation with Claire Katz about her book, Levinas and the Crisis of Humanism.

In this major new work, Bernstein explores the ethical and political dimensions of the modernity/post-modernity debate. Bernstein argues that modernity / post-modernity should be understood as a kind of mood - one which is amorphous, shifting and protean but which exerts a powerful influence on our current thinking. Focusing on thinkers such as Heidegger, Derrida, Foucault, Habermas and Rorty, Bernstein probes the strengths and weaknesses of their work, and shows how they have contributed to the formation of (...) a new mood, a new and distinctive constellation of ideas. This new constellation has put ethical and political issues back on the philosophical agenda, forcing us to confront anew, the Socratic question 'How should I live?'. (shrink)

Free will, if such there be, involves free choosing: the ability to mentally choose an outcome, where the outcome is 'free' in being, in some substantive sense, up to the agent of the choice. As such, it is clear that the questions of how to understand free will and mental causation are connected, for events of seemingly free choosing are mental events that appear to be efficacious vis-a-vis other mental events as well as physical events. Nonetheless, the free will and (...) mental causation debates have proceeded largely independently of each other. Here we aim to make progress in determining how the free will and mental causation debates bear on one another. We first argue that the problems of free will and of mental causation can be seen as special cases of a more general problem, concerning whether and how mental events of a given type may be efficacious, qua the types of event they are---qualitative, intentional, freely deliberative---given their apparent causal irrelevancy for effects of the type in question; here we generalize what Horgan 1989 identifies as "the problem of mental quausation" (S1). We then build on this result to identify fruitful parallels between hard determinism and eliminative physicalism (S2) and soft determinism and non-reductive physicalism (S3). (shrink)

Despite the relative scarcity of references to Hegel in Strauss’s published work, one can begin to get a sense of how Strauss regarded Hegel. This paper deals with Strauss’s views concerning the Hegelian construal of faith and God. For Strauss, Hegel’s construal of divine personality as subject rather than substance amounts to something like a rejection of the divine personality.

The first four chapters of Pippin's elegant volume on Nietzsche were originally delivered as a series of lectures at the Collège de France in 2004. In a certain respect, the context of these lectures defines the parameters of Pippin's reading of Nietzsche: he advocates an interpretation very close to Bernard Williams in emphasizing the psychological aspects and motifs of Nietzsche's thought over and against certain contemporary French appropriations . In over-emphasizing the deconstructive capacity of Nietzsche's text, Pippin holds, these interpretations (...) conclude that Nietzsche's thought provides no philosophical insight—that "Nietzsche's texts always seem to take away with one hand what they appear to have given with the other". In sharp contrast, Pippin claims that Nietzsche's thought is extremely relevant philosophically insofar as it deals with the genealogy of human desires and actions. Put differently, Nietzsche's philosophical teaching is first and foremost a psychology. For this reason, Pippin's book amounts to a sustained attempt to "present a comprehensive interpretation of what Nietzsche means by 'psychology,' what the relationship is … between psychology and traditional. (shrink)

Theories of causation grounded in counterfactual dependence face the problem of profligate omissions: numerous irrelevant omissions count as causes of an outcome. A recent purported solution to this problem is proportionality, which selects one omission among many candidates as the cause of an outcome. This paper argues that proportionality cannot solve the problem of profligate omissions for two reasons. First: the determinate/determinable relationship that holds between properties like aqua and blue does not hold between negative properties like not aqua and (...) not blue. Negative properties are those at stake in omissive causation. Second: proportionality misconstrues the nature of the problem to be solved. (shrink)

This volume, with contributions from scholars in political science, literature, and philosophy, examines the mutual influence of reason and religion at the time of the American Founding.

This article explores the influence of Winnicott’s conceptual constellation of early childhood, play, use, transitional phenomena, and transitional object upon Agamben’s thinking of contemporary historical exigency.

This article explores the influence of Winnicott’s conceptual constellation of early childhood, play, use, transitional phenomena, and transitional object upon Agamben’s thinking of contemporary historical exigency.

This article argues that governments in countries that currently permit intensive animal agriculture - especially but not exclusively high-income countries - are, in principle, morally justified in taking steps to restrict or even eliminate intensive animal agriculture to protect public health from the risk of zoonotic pandemics. Unlike many extant arguments for restricting, curtailing, or even eliminating intensive animal agriculture which focus on environmental harms, animal welfare, or the link between animal source food (ASF) consumption and noncommunicable disease, the argument (...) in this article appeals to the value of protecting populations from future global health emergencies and their broad social, economic, and health impacts, taking the SARS-CoV-2 virus as a particularly salient example. The article begins by identifying how intensive animal agriculture contributes to the outbreak (and risk of future outbreaks) of zoonotic diseases. Next, we explore three specific policy options: 1. Incentivizing plant-based and cell-based ASF alternatives through government subsidies; 2. Disincentivizing intensive ASF production through the adoption of a “zoonotic tax”; and 3. Eliminating intensive ASF production through a total ban. We argue that all three of these measures are permissible, although we remain agnostic as to whether these measures are obligatory. We argue for this conclusion on the grounds that each measure is justified by the same sorts of considerations that justify other widely accepted public health interventions, and each is compatible with a variety of theories of justice. We then address potential objections. Finally, we discuss how our novel argument relates to extant ethical arguments in favor or curtailing ASF production and consumption. (shrink)

A principle aim of this paper is to convince friends and critics of deconstruction that they have overlooked two crucial aspects of Derrida's work, namely, his rearticulation of the concept of experience and his account of the experience of undecidability as an ordeal. This is important because sensitivity to Derrida's emphasis on the ordeal of undecidability and his rearticulation of the concept of experience-a rearticulation that is already under way in his early engagement with Husserl and continued in later work-necessitates (...) a rethinking of what the `experience of undecidability' entails. Rather than signaling a withdrawal from politics or a normatively impotent ethics of `mere openness to the other,' Derrida's account of the experience of undecidability not only points to a fundamental aspect of our basic ethical experience but also leads to a number of ethico-political demands, which I summarize as the demand to maintain an ethos of interruption. (shrink)

This review explores a recent trend in commentary on Hegel’s philosophy of history which owes much of its interpretive substance to the aesthetic modernism of the Frankfurt School. This modernist trend emphasizes the interplay of form and content, material conditions of rationality, and the temporal disjunction between experiencing and cognizing history. In so doing, it produces a deeply political, psychoanalytic, and musical reading of Hegel.

This paper attempts to explore the problem of collective identity and its subsequent historical legacies through a reading of Spinoza’s and Freud’s respective accounts of Moses. In working their way through the aggadah (i.e., legend) of Moses, both Spinoza and Freud find the halakhic (i.e., legal) core of collectivity to be expressed in and as social mediation. Moreover, both thinkers discover that the occlusion of this core leads to a collective trauma (in Freud’s sense), the symptom of which is the (...) formation of the ‘theological-political’ (in Spinoza’s sense). (shrink)

This paper attempts to explore the problem of collective identity and its subsequent historical legacies through a reading of Spinoza’s and Freud’s respective accounts of Moses. In working their way through the aggadah (i.e., legend) of Moses, both Spinoza and Freud find the halakhic (i.e., legal) core of collectivity to be expressed in and as social mediation. Moreover, both thinkers discover that the occlusion of this core leads to a collective trauma (in Freud’s sense), the symptom of which is the (...) formation of the ‘theological-political’ (in Spinoza’s sense). (shrink)

It has now been 10 years since the framework for public health legal preparedness was put forth as a model to meet new public health challenges in the 21st century. Public health legal preparedness is defined as the “attainment by a public health system of specified legal of standards essential to the preparedness of the public health system.” The framework has continued to develop over time and four core elements have emerged to make up the basis for public health legal (...) preparedness. The four core elements are: laws and legal authorities; competency in using laws effectively and wisely; coordination of legally based interventions across jurisdictions and sectors; and information on public health laws and best practices. (shrink)

The figure and thought of Leo Strauss continues to provoke impassioned reactions from advocates and critics. The majority of these reactions are less engaged with Strauss’s thought than with his person and school. This volume seeks to contribute to the increase in philosophical attention paid to Strauss’s thought. The contributions collected herein exemplify both a deep and abiding familiarity with Strauss’s thought as well as a need to find new directions to explore within that thought.

ABSTRACT This review-essay explores the subtle and crucial relation between Schelling’s thinking of the dark ground and Freud’s construal of the unconscious in Teresa Fenichel’s provocative new work.

The following reflections examine the new translation of Heidegger’s Beiträge zur Philosophie in relation to the former one. These reflections assess the relative merits of both translations and attempt to show how this relation illustrates specific issues in Heidegger’s text concerning the first and other beginnings of Western thought.

Examines the processes of scientific creativity and discovery, and proposes a model of scientific development.

ABSTRACT I argue for a broader understanding of the morally considerable. I propose a neo‐Aristotelian account of individuals wherein some entities, often precluded from those deserving of moral consideration, are deemed proper subjects of such treatment. The criterion suggested is, roughly, that of self‐regulatory development, a teleological notion, that I argue should not be viewed as archaic and useless. Not only do many non‐human animals then become legitimate subjects of moral concern, but objects outside the animal kingdom, such as plants (...) and trees, also are to be included in our ethical arena. (shrink)

I propose a T‐cell receptor (TcR)‐based mechanism by which immunity mediates both “genetic self” and “microbial self” thereby, connecting microbiome disease with autoimmunity. The hypothesis is based on simple principles. First, TcR are selected to avoid strong cross‐reactivity with “self,” resulting in selection for a TcR repertoire mimicking “genetic self.” Second, evolution has selected for a “microbial self” that mimics “genetic self” so as to share tolerance. In consequence, our TcR repertoire also mimics microbiome antigenicity, providing a novel mechanism for (...) modulating tolerance to it. Also, the microbiome mimics the TcR repertoire, acting as a secondary immune system. I call this TcR‐microbiome mimicry “holoimmunity” to denote immune tolerance to the “holobiont self.” Logically, microbiome‐host mimicry means that autoimmunity directed at host antigens will also attack components of the microbiome, and conversely, an immunological attack on the microbiome may cross‐react with host antigens producing “holoautoimmunity.”. (shrink)