Coriolanus, the legendary fifth-century BC general who turned against his native city for banishing him, is painted by Shakespeare as the paragon Stoic warrior. Physically strong and detached, at home in the battlefield, he is the military man par excellence. Fearless, he sheds few tears. But the turning point in Shakespeare's play comes when Coriolanus remembers how to weep. He admits that "It is no small thing to make mine eyes sweat compassion."The absence of compassion in health care is increasingly (...) remarked upon. In 2009, it led to a campaign to broaden New Zealand's Code of Patients' Rights to include the legal right "to have services provided with compassion, including a prompt and humane response to .. (shrink)

Determining appropriate legal responses to the conduct of health care workers who endanger patients continues to provoke fierce debate. This is particularly true in the context of criminal law, which offers punishment as an obvious strategy. In the first of three papers which make up this issue's extended Health Care Law feature, Professor Alexander McCall Smith and Dr Alan Merry argue against the prosecution of health care workers except in circumstances where there is very dear evidence of a culpable frame (...) of mind. They do so against the backdrop of their description of proposed changes in New Zealand legislation on medical manslaughter. The catalyst for this change was a judge's refusal to countenance the prosecution of an anaesthetist for manslaughter for inadvertent error. In the authors' opinion the intervention by the New Zealand judge has given rise to a long overdue review of a harsh penal measure. However, in a commentary on McCall Smith and Merry's paper, Ron Paterson argues that all is not what it seems and that--in the light of New Zealand's 'no fault' system of compensation for medical accident--the present system should be maintained. (shrink)

New Zealand’s lack, until recently, of a ‘code of patients’ rights’ does not mean that health and disability services consumers have hitherto had no rights. There is already a significant body of professional guidelines, ethical precepts, and common law rules which govern interactions between providers and consumers. Much of the Code is entirely consistent with established codes of ethics and current law. Nonetheless, it represents an important advance in the legal recognition of consumers’ rights. Access to the Commissioner and independent (...) advocates will assuredly empower consumers. The experience of the Human Rights Commission and the Privacy Commissioner suggests that consumers will not be slow to exercise their new-found rights, and that providers will risk public censure, and costly settlements, if they choose to ignore the Code. (shrink)

The amount allocated to publicly funded health care for 2005/06 in New Zealand, a small country of some four million people, is $NZ 9.68 billion, or 6.2% of GDP, an increase from the 5.7% of GDP in 2000/01. The Minister of Finance has recently signalled that spending in health and education has outpaced economic growth, and that the present rate of growth in health spending, which has grown at about 7% a year over the last decade, is unsustainable. Despite these (...) big funding increases in recent years, the perception of New Zealanders is that the extra spending has made little difference, at least to hospital services and to people’s ability to access treatment. In surveys, health emerges as a leading concern for New Zealanders. Their concern is apparently less about the quality of services, than about their ability to access treatment - whether they will be able to access timely health care when they or their family members need it. (shrink)

The amount allocated to publicly funded health care for 2005/06 in New Zealand, a small country of some four million people, is $NZ 9.68 billion, or 6.2% of GDP, an increase from the 5.7% of GDP in 2000/01. The Minister of Finance has recently signalled that spending in health and education has outpaced economic growth, and that the present rate of growth in health spending, which has grown at about 7% a year over the last decade, is unsustainable. Despite these (...) big funding increases in recent years, the perception of New Zealanders is that the extra spending has made little difference, at least to hospital services and to people’s ability to access treatment. In surveys, health emerges as a leading concern for New Zealanders. Their concern is apparently less about the quality of services, than about their ability to access treatment - whether they will be able to access timely health care when they or their family members need it. (shrink)

Described as one of the two fathers of medical law, Professor Peter Skegg has been a leading figure in the study of law and medicine. Over a 46 year academic career at the University of Auckland, University of Oxford, and the University of Otago, Professor Skegg has helped develop the field of medical law into a burgeoning academic discipline and has provided intellectual guardianship for the practice of law and medicine. This collection brings together contemporaries, colleagues, and former students of (...) Professor Skegg to celebrate his enduring contribution to the study of medical law. This edited collection contains twelve essays written by a range of internationally recognised medical lawyers. The topics cover the regulation of medical practitioners, consent, rights in bodily material, euthanasia, compensation and ethical approval for medical research, treatment orders for mental health conditions, and surrogacy laws. Whilst some of the essays return to territory that has been initially surveyed by Peter s research and analysis, others touch upon some wider medical law topics, illustrating Peter s lasting contribution to medical law as well as mapping out some of the new frontiers for the discipline of medical law. Academics, students and practitioners, from a range of jurisdictions, who are interested in how the law governs the provision of healthcare will benefit reading the various essays contained here. In addition, anyone who has had the good fortune of working with, or learning from, Professor Skegg will also enjoy the opportunity to return to the field of study that he founded. (shrink)

Ron Mallon explores how thinking and talking about kinds of person can bring those kinds into being. He considers what normative implications this social constructionism has for our understanding of our practices of representing human kinds, like race, gender, and sexual orientation, and for our own agency.

This book critically examines the case for and against the belief in personal survival of bodily death. It discusses key philosophical questions. How could a discarnate individual be identified as a person who was once alive? What is the relationship between minds and their brains? Is a 'next world' conceivable? The book also examines classic arguments for the immortality of the soul, and focuses on types of prima facie evidence of survival: near-death experiences, apparitions, mediumistic communications, and ostensible reincarnation cases.

Among race theorists, the view that race is a social construction is widespread. While the term ‘ social construction’ is sometimes intended to mean merely that race does not constitute a robust, biological natural kind, it often labels the stronger position that race is real, but not a biological kind. For example, Charles Mills writes that, ‘‘the task of those working on race is to put race in quotes, ‘race’, while still insisting that nevertheless, it exists ’’. It is to (...) ‘‘make a plausible social ontology neither essentialist, innate, nor transhistorical, but real enough for all that’’. Racial constructionism, thus conceived, is a metaphysical position that contrasts both with the view that race is an important biological kind and with the more recent claim that race does not exist. The desire for a constructionist metaphysics of race emerges against the background of a cluster of normative disputes, including. (shrink)

From the Disney 'Teacher of the Year' and New York Times bestselling author comes a road map to enrich students' learning experiences, revised and updated for today's teachers and parents. After publishing the New York Times bestseller The Essential 55 (over 1 million copies sold), award-winning teacher Ron Clark took his rules on the road and traveled to schools and districts in 50 states. He met amazing teachers, administrators, students, parents, and all kinds of people involved in bringing up great (...) kids. These are the eleven qualities he describes in The Excellent 11: Enthusiasm, Adventure, Creativity, Reflection, Balance, Compassion, Confidence, Humor, Common Sense, Appreciation, and Resilience. Ron has filled this book with hundreds of suggestions, stories, and wonderfully funny anecdotes. You'll be smiling as you read--and finding the inspiration to change lives, one student at a time"--Back cover. (shrink)

Social constructionism about race is a common view, but there remain questions about what exactly constitutes constructed race. Some hold that our concepts and conceptual practices construct race, and some hold that the causal consequences of these concepts and conceptual practices also play a role. But there is a third option, which is that the causal effects of our concepts and conceptual practices constitute race, but not the concepts and conceptual practices themselves. This paper reconsiders an argument for the reality (...) of race that grows out of the role of racial kinds in social scientific generalizations. It then uses recent work on the correlation of racial attitudes with behaviors to raise questions about the sufficiency, and perhaps also the necessity, of our concepts and conceptual practices in constituting constructed race, thus understood. (shrink)

The God of the Machine presents an original theory of history and a bold defense of individualism as the source of moral and political progress.

ABSTRACT R. P. Wolff has argued that there is an irreconcilable conflict between the distinguishing mark of every state, viz. supreme authority over all its citizens, and the primary obligation of rational beings, viz. to act autonomously by taking moral responsibility for all of their actions. Utilitarian and consent theories which seek to justify the state's claim to possess a monopoly of the rightful use of force are shown to fail and the concept of a ‘legitimate state’to be morally incoherent. (...) However, Wolff's version of individualist anarchism does not follow. Human beings are by no means equally rational or homogeneously autonomous. There are ‘states’which have a contingent and variable right to enforce obedience over an indefinitely large number of their ‘subjects’, although not over those who are autonomous because rational in high degree. (shrink)

De dicto moral motivation is typically characterized by the agent’s conceiving of her goal in thin normative terms such as to do what is right. I argue that lacking an effective de dicto moral motivation would put the agent in a bad position for responding in the morally-best manner in a certain type of situations. Two central features of the relevant type of situations are the appropriateness of the agent’s uncertainty concerning her underived moral values, and the practical, moral importance (...) of resolving this uncertainty. I argue that in some situations that are marked by these two features the most virtuous response is deciding to conduct a deep moral inquiry for a de dicto moral purpose. In such situations lacking an effective de dicto moral motivation would amount to a moral shortcoming. I show the implications for Michael Smith’s argument against Motivational Judgment Externalism and for Brian Weatherson’s argument against avoiding moral recklessness: both arguments rely on a depreciating view of de dicto moral motivation, and both fail; or so I argue. (shrink)

In this book Ron Amundson examines two hundred years of scientific views on the evolution-development relationship from the perspective of evolutionary developmental biology. This perspective challenges several popular views about the history of evolutionary thought by claiming that many earlier authors had made history come out right for the Evolutionary Synthesis. The book starts with a revised history of nineteenth-century evolutionary thought. It then investigates how development became irrelevant with the Evolutionary Synthesis. It concludes with an examination of the contrasts (...) that persist between mainstream evolutionary theory and evo-devo. This book will appeal to students and professionals in the philosophy and history of science, and biology. (shrink)

How should deontological theories that prohibit actions of type K — such as intentionally killing an innocent person — deal with cases of uncertainty as to whether a particular action is of type K? Frank Jackson and Michael Smith, who raise this problem in their paper "Absolutist Moral Theories and Uncertainty" (2006), focus on a case where a skier is about to cause the death of ten innocent people — we don’t know for sure whether on purpose or not — (...) by causing an avalanche; and we can only save the people by shooting the skier. One possible deontological attitude towards such uncertainty is what Jackson and Smith call the threshold view, according to which whether or not the deontological constraint applies depends on our degree of (justified) certainty meets a given threshold. Jackson and Smith argue against the threshold view that it leads to implausible paradoxical moral dilemmas in a special kind of case. In this response, we show that the threshold view can avoid these implausible moral dilemmas, as long as the relevant deontological constraint is grounded in individualistic patient-based considerations, such as what an individual person is entitled to object to. (shrink)

In Part I of this book Professor Perrin evaluates the strengths and weaknesses of Scheler's pioneering study. Part II provides an explication of the main features of Scheler's ethics and explores their implications in light of more recent studies of moral cognition and development.

It is common in various quarters of philosophy to derive philosophically significant conclusions from theories of reference. In this paper, we argue that philosophers should give up on such 'arguments from reference.' Intuitions play a central role in establishing theories of reference, and recent cross-cultural work suggests that intuitions about reference vary across cultures and between individuals within a culture (Machery et al. 2004). We argue that accommodating this variation within a theory of reference undermines arguments from reference.

This exploratory study examines how managers and professionals regard the ethical and social responsibility reputations of 60 well-known Australian and International companies, and how this in turn influences their attitudes and behaviour towards these organisations. More than 350 MBA, other postgraduate business students, and participants in Australian Institute of Management (Western Australia) management education programmes were surveyed to evaluate how ethical and socially responsible they believed the 60 organisations to be. The survey sought to determine what these participants considered ‘ethical’ (...) and ‘socially responsible’ behaviour in organisations to be. The survey also examined how the participants’ beliefs influenced their attitudes and intended behaviours towards these organisations. The results of this survey indicate that many managers and professionals have clear views about the ethical and social responsibility reputations of companies. This affects their attitudes towards these organisations which in turn has an impact on their intended behaviour towards them. These findings support the view in other research studies that well-educated managers and professionals are, to some extent, taking into account the ethical and social responsibility reputations of companies when deciding whether to work for them, use their services or buy shares in their companies. (shrink)

William Whewell tried to explain how scientific knowledge of necessary and certain truth was possible by tracing it to ideas that arose not out of experience but had an independent origin in the mind. Although Whewell has generally been regarded as an a priorist in some sense and as a proponent of hypothetico-deductivism, Snyder tries to show that he can be assimilated to the twentieth-century inductivist mainstream. She fails to make her case, however, in part because she fails to pay (...) sufficient attention to Whewell’s insistence that scientific discovery is beyond the reach of method and always involves happy guesses. (shrink)

Proceedings of the Aristotelian Society, Volume 115, Issue 3pt3, Page 307-314, December 2015.

This exploratory study examines how managers and professionals regard the ethical and social responsibility reputations of 60 well-known Australian and International companies, and how this in turn influences their attitudes and behaviour towards these organisations. More than 350 MBA, other postgraduate business students, and participants in Australian Institute of Management management education programmes were surveyed to evaluate how ethical and socially responsible they believed the 60 organisations to be. The survey sought to determine what these participants considered 'ethical' and 'socially (...) responsible' behaviour in organisations to be. The survey also examined how the participants' beliefs influenced their attitudes and intended behaviours towards these organisations. The results of this survey indicate that many managers and professionals have clear views about the ethical and social responsibility reputations of companies. This affects their attitudes towards these organisations which in turn has an impact on their intended behaviour towards them. These findings support the view in other research studies that well-educated managers and professionals are, to some extent, taking into account the ethical and social responsibility reputations of companies when deciding whether to work for them, use their services or buy shares in their companies. (shrink)

Epistemic contextualism is the thesis that the standards that must be met by a knowledge claimant vary with contexts of utterance. Thus construed, EC may concern only knowledge claims, or else the knowledge relation itself. Herein, my concern is with “Substantive EC.” Let’s call the claim that the sorts of linguistic evidence commonly cited in support of Semantic EC also imply or support Substantive EC the “Implication Thesis”. IP is a view about which some epistemologists have equivocated. Keith DeRose is (...) a case in point. Herein I argue that IP is false, and that it is false for interesting reasons. To this end, I consider two other terms which DeRose investigates, “free will” and “potency” in his efforts to demonstrate the alleged inability of distinctly philosophical or skeptical doubts to infect ordinary epistemic discourse. I describe how and why these two examples speak against, rather than for, DeRose’s recommendation of Substantive EC. (shrink)

Standard, linguistic means of specifying the content of mental states do so by expressing the content in question. Such means fail when it comes to capturing non-conceptual aspects of visual experience, since no linguistic expression can adequately express such content. One alternative is to use depictions: images that either evoke (reproduce in the recipient) or refer to the content of the experience. Practical considerations concerning the generation and integration of such depictions argue in favour of a synthetic approach: the generation (...) of depictions through the use of an embodied, perceiving and acting agent, either virtual or real. This paper takes the first steps in an investigation as to how one might use a robot to specify the non-conceptual content of the visual experience of an (hypothetical) organism that the robot models. (shrink)

In this paper, I argue for the following claims. Contextualist strategies to tame or localize epistemic skepticism are hopeless if contextualist factors are construed internalistically. However, because efforts to contextualize externalism via subjunctive conditional analysis court circularity, it is only on an internalistic interpretation that contextualist strategies can even be motivated. While these claims do not give us an argument for skepticism, they do give us an argument that contextualism, as such, is not likely to provide us with an argument (...) against skepticism. (shrink)

Epistemic Contextualism is generally treated as a semantic thesis that may or may not have epistemological consequences. It is sometimes taken to concern only knowledge claims (as the assertion that the word “know” means different things in different contexts of use). Still, at other times it is taken to regard the knowledge relation itself (as the assertion that knowledge itself has no single univocal nature). Call the former view Semantic EC, the latter view Substantive EC, and the idea that the (...) plausibility of Semantic EC presupposes that of Substantive EC, the “Presupposition Thesis.” Numerous authors argue against the Presupposition Thesis on the grounds that an understanding of the nature of knowledge is no more required to understand the meaning of knowledge assertions than an understanding of the self, for instance, is needed to understand the meaning of sentences containing “I.” These authors then offer additional arguments for the same conclusion, using further comparisons between “know” and other indexicals, as well as between “know” and quantifiers, gradable and modal adjectives. Herein, I defend the Presupposition Thesis by arguing against these authors’ claims (based as they are on these types of comparisons) that Semantic EC is plausible without the supposition of Substantive EC. (shrink)

Jennifer Rose Carr’s (2020) article “Normative Uncertainty Without Theories” proposes a method to maximize expected value under normative uncertainty without Intertheoretic Value Comparison (hereafter IVC). Carr argues that this method avoids IVC because it avoids theories: the agent’s credence is distributed among normative hypotheses of a particular type, which don’t constitute theories. However, I argue that Carr’s method doesn’t avoid or help to solve what I consider as the justificatory problem of IVC, which isn’t specific to comparing theories as such. (...) This threatens the implementability of Carr’s method. Fortunately, I also show how Carr’s method can nevertheless be implemented. I identify a type of epistemic states where the justificatory problem of IVC is not a necessary obstacle to maximizing expected value. In such states, the uncertainty stems from indecisive normative intuitions, and the agent justifiably constructs each normative hypothesis on the basis of a consistent subset of her intuitions by reference to the same unit of value. This part of my argument complements not only Carr’s (2020) argument, but also some moderate defenses of IVC. The combination of Carr’s paper and mine helps to illuminate the conditions for maximizing expected value under normative uncertainty without unjustified value comparison. (shrink)

Mike Anderson1 has given us a thoughtful and useful field guide: Not in the genre of a bird-watcher’s guide which is carried in the field and which contains detailed descriptions of possible sightings, but in the sense of a guide to a field (in this case embodied cognition) which aims to identify that field’s general principles and properties. I’d like to make some comments that will hopefully complement Anderson’s work, highlighting points of agreement and disagreement between his view of the (...) field and my own, and acting as a devil’s advocate in places where further discussion seems to be required. Given the venue for this guide, we can safely restrict the discussion to embodied artificial intelligence (EAI), even if such work draws on notions of embodied cognition.. (shrink)

Since the publication of Alasdair MacIntyre’s After Virtue in 1981, tensions inherent to the relationship between morally educative practices and the institutions that house them have been widely noted. We propose a taxonomy of the ways in which the pursuit of external goods by institutions undermines the pursuit of the internal goods of practices. These comprise substitution, where the institution replaces the pursuit of one type of good by another; frustration, where opportunities for practitioners to discover goods or develop new (...) standards of excellence are frustrated by institutional priorities and resource allocation; and injustice, which undermines the integrity of relationships within the organization and/or with partners. These threats, though analytically distinct, are often mutually reinforcing. This conceptual contribution is illustrated both by the extant literature and by a novel context, the three-ring circus. (shrink)

In recent years, there has been a flurry of work on the metaphysics of race. While it is now widely accepted that races do not share robust, bio-behavioral essences, opinions differ over what, if anything, race is. Recent work has been divided between three apparently quite different answers. A variety of theorists argue for racial skepticism, the view that races do not exist at all.[iv] A second group defends racial constructionism, holding that races are in some way socially constructed.[v],[vi] And (...) a third group maintains racial population naturalism, the view that races may exist as biologically salient populations albeit ones that do not have the biologically determined social significance once imputed to them.[vii] The three groups thus seem to disagree fundamentally upon the metaphysical character of race. (shrink)

ABSTRACT:This article deploys Alasdair MacIntyre’s Aristotelian virtue ethics, in which meaningfulness is understood to supervene on human functioning, to bring empirical and ethical accounts of meaningful work into dialogue. Whereas empirical accounts have presented the experience of meaningful work either in terms of agents’ orientation to work or as intrinsic to certain types of work, ethical accounts have largely assumed the latter formulation and subjected it to considerations of distributive justice. This article critiques both the empirical and ethical literatures from (...) the standpoint of MacIntyre’s account of the relationship between the development of virtuous dispositions and participation in work that is productive of goods internal to practices. This reframing suggests new directions for empirical and ethical enquiries. (shrink)