Despite the fact that the requirement to obtain informed consent for medical procedures is deeply enshrined in both U.S. moral and legal doctrine, empirical studies and anecdotal accounts show that women's rights to informed consent and refusal of treatment are routinely undermined and ignored during childbirth. For example, citing the most recent Listening to Mothers survey, Marianne Nieuwenhuijze and Lisa Kane Low state that "a significant number of women said they felt pressure from a caregiver to agree to having an (...) intervention that they did not want during birth". Specifically, Nieuwenhuijze and Low cite that "19% of women who did not have epidural analgesia felt... (shrink)

In this article, we discuss decision making during labor and delivery, specifically focusing on decision making around offering women a trial of labor after cesarean section. Many have discussed how humans are notoriously bad at assessing risks and how we often distort the nature of various risks surrounding childbirth. We will build on this discussion by showing that physicians make decisions around TOLAC not only based on distortions of risk, but also based on personal values rather than medical data. As (...) a result of this, we will further suggest that the party who is best epistemically situated to make decisions about TOLAC is the woman herself. (shrink)

Feminists have highlighted various ways in which medicalized childbirth is connected to violence. For example, the literature is replete with examples of court-ordered Cesarean sections, intimidation in the delivery room, women diagnosed with post-traumatic stress disorder as a result of their childbirth experiences. The most common approach to the accusations about the connections between medicalized childbirth and violence has been to investigate the degree to which the evidence bears out their accuracy. In this essay, the author takes a different course; (...) instead of trying to confirm or refute reports of violence in childbirth, she posits that understanding the ways in which violence is connected to medicalized childbirth requires us to note the existence of another form of violence that has not been recognized or discussed up to this point – metaphysical violence. The primary focus of this essay is to define that other form of violence as well as to suggest places where the routine practices of medicalized childbirth perpetuate it and possible ways to resist it. (shrink)

The last fifteen years have seen an increasing social science scholarship into the nature and pervasiveness of hooking up amongst college students,1 but research on the philosophical and ethical issues within hookup culture and practice has not kept pace. To the extent that hooking up has been taken up by philosophers, it has been as part of a larger conversation about the ethics of casual sex, broadly construed; a conversation which is dominated by questions of objectification. As such, investigations into (...) the ethics of hookup sex have been limited to questions of whether someone was used in the encounter.2 This essay aims to change this by utilizing Ann Cahill’s recent book, Overcoming Objectification, to argue that the ethical problems with hookup sex in Guyland are not rooted in women’s objectification but rather their derivatization. (shrink)

In September 2020, Project South, along with numerous other organizations, released a report detailing abuses in a Georgia Detention Center – including forced hysterectomies. Whatever other factors are at play, one of them is an intrinsic connection between obstetric violence against pregnant migrants and immigration injustice. It is not incidental that these acts – in US detention centers, along the US‐Mexico border, in Colombian hospitals and clinics – are being perpetrated on immigrant bodies. And it is not accidental or random (...) which immigrant bodies are vulnerable to these violations. Understanding and confronting obstetric violence directed at pregnant migrants, though, requires reconceptualizing the nature of obstetric violence itself. In particular, we must recognize that obstetric violence against pregnant Latin American migrants in the United States and Colombia is a type of immigration injustice, a means to perpetrate immigration injustice, and a product of immigration injustice. As such, bioethicists need to collaborate with immigration scholars to resist it.After providing some background on the nature of obstetric violence and some ways it is perpetuated against pregnant migrants in the United States and Colombia, I will give a brief overview of how I conceptualize immigration justice. From there, I explain how this type of obstetric violence constitutes a type of immigration injustice, a means to perpetrate immigration injustice, and a product of immigration injustice. My hope is that this analysis motivates bioethicists throughout the Americas to engage with immigration scholars and activists to confront the issue more forcefully. (shrink)

In 2018, at least 12 adults and 3 children died in U.S. detention facilities. In 2017, 12 people died in U.S. detention facilities and at least 10 women filed complaints against ICE for mistreatment that led them to miscarry. At the time of this writing, 26 people have died in US Custody during the Trump Administration and 74 people have died in U.S. detention facilities between 2010 and 2018, including Raul Ernesto Morales-Ramos, Augustina Ramirez-Arreola, Moises Tino-Lopez, Jose Azurdia, and Roxana (...) Hernandez. I am not going to argue that these deaths are wrong – I take that as obvious. Instead, I will suggest that nonideal theory shows why bioethicists have special obligations for condemning these deaths and getting involved to make them stop. When we heed nonideal theory’s demand to consider empirical realities, we will see that the role of the bioethicist extends wherever health care does. Moreover, when bioethicists expressly embrace nonideal rather than ideal theories to ground our work, we will see that there are plenty such theories available to us. Shelly Wilcox’s nonideal theory of immigration justice is especially well suited for bioethicists to use in relation to detainee health care and enter the conversation where they are so desperately needed. (shrink)

Using testimonies from immigrants and examples of immigrant policies, this book proposes an interdisciplinary, feminist approach to immigration justice.

At this point, I think it is fair to say that most of us know someone—a family member, a coworker, a friend, a student—who is resisting getting a vaccine against COVID-19. Frankly, this amazes me. I was recently discussing this with a friend—"Rebecca"—when to my utter shock, she confessed to me that she "does not trust the vaccine" and is not planning to get one until there is more certainty of its efficacy and safety. While there are many things that (...) stood out to be in this conversation, what stood out to me was a particular comment she made; she said to me: "The thing is, I'm a skeptic, and you're not."I admit, this comment threw me for a loop. How could I, a feminist bioethicist who has dedicated a good chunk of... (shrink)

With few exceptions, philosophers working on immigration have not taken up the topic of epistemic injustice, primarily, I imagine, because immigration justice is often too narrowly conceived of as encompassing moral and political concerns rather than epistemic ones. But the more I think about the injustices immigrants endure on a daily basis, the more I take this to be a mistake; epistemic injustices must be seen as a central aspect of immigration injustice too. In what follows, I will demonstrate how (...) this is the case. More specifically, after providing an overview of the nature of epistemic injustice, I will highlight some examples of it in the lives of displaced Venezuelan immigrants in Colombia. In doing so, I hope to show why discussions about immigration injustice must include identifying and confronting epistemic wrongs. (shrink)

Florencia Luna begins her essay, “Challenges for Assisted Reproduction and Secondary Infertility in Latin America,” by saying: “I want to explore a new way to think about Assisted Reproductive Technologies (ARTs) in the Latin American context.” I think she clearly achieves that objective. I want to suggest that she does more than this, however. In addition to revealing how traditional depictions of infertility in the United States and Europe are anachronistic for Latin America, her analysis offers feminist bioethicists in the (...) United States the opportunity to revisit our own assumptions about infertility and improve our work as a result.Luna states early in her essay that her analysis will center on secondary .. (shrink)

Este artículo problematiza la forma en la que el feminismo ha interpretado al escepticismo como una amenaza para su proyecto epistemológico, ético y político, y plantea que, a pesar de dicha interpretación, el escepticismo es inherente a la filosofía feminista y un aliado útil para su proyecto. El problema ha estado en cómo el feminismo ha reducido su comprensión del escepticismo a una versión cartesiana extrema y ha pasado por alto otras corrientes de la tradición —como la de David Hume— (...) que podrían ser fructíferas para promover una actitud crítica y emancipatoria. Muestra así como una alianza entre una comprensión moderada del escepticismo y el feminismo puede brindar las herramientas necesarias para cuestionar formas de dominación patriarcal y poner en marcha investigaciones que combatan la opresión de género. (shrink)

In this article, I investigate actions that the United States took against Costa Rica during the 1980s in order to argue that current discussions about global justice and its foundations are flawed in three ways. First, it misidentifies the parties of global justice as individual citizens. Second, it conceptualizes global justice as exclusively a distributive justice concern and, as a result, it misidentifies what constitutes a global injustice as being the adverse fate of individuals who live in a poor nation. (...) Finally, the current debate provides no guidance in what must be considered to identify the specific obligations one nation may have to another nation. Given these three problems, I maintain that we conceptualize global injustice as an issue of social justice rather than one exclusively of distributive justice. This will require identifying nations as the parties to global justice, at least in certain cases, and realizing that our goal is to remedy oppressive global structures of power. Utilizing the social justice I propose will put us on the road toward achieving justice across the Americas. (shrink)

In A Good Birth, obstetrician and bioethicist Anne Drapkin Lyerly aims to improve women’s experiences of childbirth in the United States by cutting through the vitriolic, shame-inducing, and blame-assigning language of what she terms “the birth wars”—the “polarized debate over where birth should be undertaken and how, who is the presumptive attendant, which professionals need to be supervised, and which way the money should flow”. Too often, women like Lyerly’s friend Erin, whom Lyerly interviewed for the book, are the casualties (...) of the birth wars, as they feel ashamed, distraught, and guilty for not giving birth according to the dictates of a particular ideology. According to Lyerly, Erin planned to... (shrink)

Alison Bailey has recently explored the nature of what she calls privilege‐evasive epistemic pushback or “the variety of willful ignorance that many members of dominant groups engage in when they are asked to consider both the lived experience and structural injustices that members of marginalized groups experience daily.” In this article, I want to use Bailey's argument to demonstrate how privilege‐evasive epistemic pushback is facilitated and obscured by the disciplinary tools of traditional Western philosophy. Specifically, through exploring philosophical cultures of (...) justification and case studies, this work will reveal how students engage in privilege‐evasive epistemic pushback by deploying the reason/emotion divide and various philosophical norms and practices it underlies to protect their epistemic home turf. Then, I offer three emotion‐enhancing critical philosophical practices aimed at disrupting the ignorance‐promoting moves of privilege‐evasive epistemic pushback and, instead, engage emotion as epistemically significant. (shrink)

In 2010, Taffy Brodesser-Akner published an article entitled, “How Childbirth Caused my PTSD,” on Salon.com. Much to my surprise, her claims that she was seriously traumatized by childbirth encountered strong resistance and disbelief. In trying to understand the source of this resistance, I discovered a type of violence, which I refer to as “metaphysical violence,” that is often overlooked, yet prevalent, in what many people in the United States understand as normal childbirth practices and protocols. In this essay, I will (...) use María Lugones’s Pilgramages/Peregrinajes to offer a detailed account of what constitutes metaphysical violence, how it functions, and why it is so damaging to at least 9% of post-partum women who meet the criteria for PTSD and the 18% of post-partum women who show some sign of the disorder. Then, I will offer suggestions for how we can help women who may be victims of metaphysical violence during birth avoid some of the trauma it so often induces. (shrink)

Applying Jewish Ethics: Beyond the Rabbinic Tradition is a groundbreaking collection that introduces the reader to applied ethics and examines various social issues from contemporary and largely under-represented, Jewish ethical perspectives.

My strategy is to examine a recent trend in philosophical discussions of responsibility, a trend that tries, but I think ultimately fails, to give an acceptable analysis of the conditions of responsibility. It fails due to what at first appear to be deep and irresolvable metaphysical problems. It is here that I suggest that the condition of sanity comes to the rescue. What at first appears to be an impossible requirement for responsibility---the requirement that the responsible agent have created her- (...) or himself---turns out to be the vastly more mundane and non controversial requirement that the responsible agent must, in a fairly standard sense, be sane. (shrink)

This book constitutes one of the most important contributions to recent Kant scholarship. In it, one of the pre-eminent interpreters of Kant, Henry Allison, offers a comprehensive, systematic, and philosophically astute account of all aspects of Kant's views on aesthetics. The first part of the book analyses Kant's conception of reflective judgment and its connections with both empirical knowledge and judgments of taste. The second and third parts treat two questions that Allison insists must be kept distinct: the (...) normativity of pure judgments of taste, and the moral and systematic significance of taste. The fourth part considers two important topics often neglected in the study of Kant's aesthetics: his conceptions of fine art, and the sublime. (shrink)

"By combining recent advances in the physical sciences with some of the novel ideas, techniques, and data of modern biology, this book attempts to achieve a new and different kind of evolutionary synthesis. I found it to be challenging, fascinating, infuriating, and provocative, but certainly not dull."--James H, Brown, University of New Mexico "This book is unquestionably mandatory reading not only for every living biologist but for generations of biologists to come."--Jack P. Hailman, Animal Behaviour , review of the first (...) edition "An important contribution to modern evolutionary thinking. It fortifies the place of Evolutionary Theory among the other well-established natural laws."--R.Gessink, TAXON. (shrink)

At the very beginning of L’Homme-Machine, La Mettrie claims that Leibnizians with their monads have “rather spiritualized matter than materialized the soul”; a few years later Pierre-Louis Moreau de Maupertuis, President of the Berlin Academy of Sciences and natural philosopher with a strong interest in the modes of transmission of ‘genetic’ information, conceived of living minima which he termed molecules, “endowed with desire, memory and intelligence,” in his Système de la nature ou Essai sur les corps organisés. This text first (...) appeared in Latin in 1751 under the title Dissertatio inauguralis metaphysica de universali naturae systemate, with the pseudonym Dr Baumann; it was translated by Maupertuis in 1754 as Essai sur la formation des corps organisés and was later included in his 1756 Œuvres under the title Système de la nature. Now, it is clear that Maupertuis was a kind of Leibnizian; and that his molecule possessed higher-level, ‘mental’ properties. In that sense he falls under the first category described by La Mettrie. But he was also involved in a debate on this issue with Diderot, who put forth a sustained critique of Maupertuis’ theory of the molecule in the additions to his 1753 Pensées sur l’interprétation de la nature. Where Maupertuis attributes higher-level properties to his living minima, Diderot argues that these properties are ‘organizational’, i.e., they can only be properties of the whole. At issue here is the degree of commitment to a form of materialism. (shrink)

Bioethics has paid surprisingly little attention to the special problems faced by women and to feminist analyses of current health care issues other than ...

This chapter presents an overview of the life, work, and philosophical contributions of Śāntarakṣita (c. 725–788), who is known for his synthesis of Nāgārjuna’s Madhyamaka with elements of the Dignāga-Dharmakīrti tradition of logic and epistemology. His two most important independent treatises, the Compendium of True Principles (Tattvasaṃgraha) and the Ornament of the Middle Way (Madhyamakālaṃkāra), are characterized by an emphasis on the indispensable role of rational analysis on the Buddhist path as well as serious and systematic engagement with competing Buddhist (...) and non-Buddhist schools of thought. Śāntarakṣita employs a pedagogical-rhetorical device of provisionally adopting what he deems to be successively more rational views to reject less rational ones. Using this approach, in the Ornament of the Middle Way, he recommends a gradual path to arrive at an understanding of the Madhyamaka ultimate truth by incorporating Yogācāra idealist ontology into his presentation of conventional truth. In this same text, he presents an influential iteration of the neither-one-nor-many argument for the Madhyamaka ultimate truth, the emptiness of intrinsic nature—i.e., the universal negation of ontologically independent being—leaving a lasting and significant impact on both Indian and Tibetan Madhyamaka Buddhist philosophy. (shrink)

The fifteen essays, written by such eminent scholars as Derrida, Heidegger, Deleuze, Klossowski, and Blanchot, focus on the Nietzschean concepts of the Will to ...

In _Speech and Phenomena,_ Jacques Derrida situates the philosophy of language in relation to logic and rhetoric, which have often been seen as irreconcilable criteria for the use and interpretations of signs. His critique of Husserl attacks the position that language is founded on logic rather than on rhetoric; instead, he claims, meaningful language is limited to expression because expression alone conveys sense. Derrida's larger project is to confront phenomenology with the tradition it has so often renounced--the tradition of Western (...) metaphysics. (shrink)

In the Transcendental Aesthetic (TA), Kant is typically held to make negative assertations about “things in themselves,” namely that they are not spatial or temporal. These negative assertions stand behind the “neglected alternative” problem for Kant’s transcendental idealism. According to this problem, Kant may be entitled to assert that spatio-temporality is a subjective element of our cognition, but he cannot rule out that it may also be a feature of the objective world. In this paper, I show in a new (...) way how Kant’s view (focusing on his conclusions about space) is not subject to this objection, by showing that he does not make the denial about mind-independent reality that he is typically held to make. The argument develops consequences of a new reading of Kant’s expression “an sich selbst” (‘in itself’; ‘in themselves’). I argue that “an sich selbst” or “per se” has a special, judgment-level role, so that this expression does not form new noun-terms adjectivally. It follows that the conceptual unit of Kant’s “Conclusions” in the TA is simply “things” (Dinge), since “things in themselves” is not a nominal expression; Kant adopts the Wolffian ontological use of “thing” as the basic kind-term for any existent. The arguments that things per se are not in space are arguments that space cannot be a necessary property or relations of things as a kind. I show that this does not involve the positive claim about mind-independent reality that inspires the neglected alternative objection. (shrink)

According to Madhyamaka Buddhist philosophers, everything depends for its existence on something else. But what would a world devoid of fundamentalia look like? In this paper, I argue that the anti-foundationalist “neither-one-nor-many argument” of the Indian Mādhyamika Śrīgupta commits him to a position I call “metaphysical indefinitism.” I demonstrate how this view follows from Śrīgupta’s rejection of mereological simples and ontologically independent being, when understood in light of his account of conventional reality. Contra recent claims in the secondary literature, I (...) clarify how the Madhyamaka metaphysical dependence structure is not a straightforward infinitism since it does not honor strict asymmetry or transitivity. Instead, its dependence relations are irreflexive and extendable, admitting of dependence chains of indefinite (though not actually infinite) length and dependence loops of non-zero length. Yet, the flexible ontology of Śrīgupta's Madhyamaka can accommodate a contextualist account of asymmetry and support a revisable theory of conventional truth, delivering significant payoffs for the view, including the capacity to accommodate developments in scientific explanation. (shrink)

This landmark book is now reissued in a new edition that has been vastly rewritten and updated to respond to recent Kantian literature. It includes a new discussion of the Third Analogy, a greatly expanded discussion of Kant’s _Paralogisms, _and entirely new chapters dealing with Kant’s theory of reason, his treatment of theology, and the important Appendix to the Dialectic. _Praise for the earlier edition: _ “Probably the most comprehensive and substantial study of the Critique of Pure Reason written by (...) any American philosopher.... This is a splendid book.”—Lewis White Beck “This masterful study... will most certainly join the canon of required reading for future interpreters of Kant’s theoretical philosophy. Superbly organized and lucidly written.”—Garrett Green, _Journal of Religion_. (shrink)

In his Philosophical Inquiry concerning Human Liberty (1717), the English deist Anthony Collins proposed a complete determinist account of the human mind and action, partly inspired by his mentor Locke, but also by elements from Bayle, Leibniz and other Continental sources. It is a determinism which does not neglect the question of the specific status of the mind but rather seeks to provide a causal account of mental activity and volition in particular; it is a ‘volitional determinism’. Some decades later, (...) Diderot articulates a very similar determinism, which seeks to recognize the existence of “causes proper to man” (as he says in the Réfutation d’Helvétius). The difference with Collins is that now biological factors are being taken into account. Obviously both the ‘volitional’ and the ‘biological’ forms of determinism are noteworthy inasmuch as they change our picture of the nature of determinism itself, but my interest here is to compare these two determinist arguments, both of which are broadly Spinozist in nature – and as such belong to what Jonathan Israel called in his recent book “the radical Enlightenment,” i.e. a kind of underground Enlightenment constituted by Spinozism – and to see how Collins’ specifically psychological vision and Diderot’s specifically biological vision correspond to their two separate national contexts: determinism in France in the mid-1750s was a much more medico-biological affair than English determinism, which appears to be on a ‘path’ leading to Mill and associationist psychology. (shrink)

Bringing these two emergent areas of thought into direct conversation in Before the Law, Cary Wolfe fosters a new discussion about the status of nonhuman animals and the shared plight of humans and animals under biopolitics.

Recently, bioethicists and the UNCRPD have advocated for supported medical decision-making on behalf of patients with intellectual disabilities. But what does supported decision-making really entail? One compelling framework is Anita Silvers and Leslie Francis’ mental prosthesis account, which envisions supported decision-making as a process in which trustees act as mere appendages for the patient’s will; the trustee provides the cognitive tools the patient requires to realize her conception of her own good. We argue that supported decision-making would be better understood (...) as a collaborative process, giving patients with intellectual disabilities the opportunity to make decisions in a respectful relationship with trusted others. We offer an alternative account of supported decision-making where the primary constraint is to protect the patient from domination by the trustee. This is advantageous in its preservation of the prospects for genuine collaboration, for the mental prosthesis approach ultimately reinforces a problematic ideal of isolated patient self-determination. (shrink)

Can we respond to injustices in the world in ways that do more than just address their consequences? In this book, Brooke A. Ackerly argues that what to do about injustice is not just an ethical or moral question, but a political question about assuming responsibility for injustice. Ultimately, Just Responsibility offers a theory of global injustice and political responsibility that can guide action.

Sport provides an arena for human flourishing. For some, this pursuit of a meaningful life through sport involves the use of non-human animals, not least of all through sport hunting. This paper will take seriously that sport – including sport hunting – can provide a meaningful arena for human flourishing. Additionally, it will accept for present purposes that animals are of less moral value than humans. This paper will show that, even accepting these premises, much use of animals for sport (...) – including sport hunting – is unacceptable. Nonetheless it will show that there can be acceptable ways of using animals as part of a human’s meaningful life pursuits through sport, albeit in a more limited fashion than many sportspersons currently accept. (shrink)

In the Law of Civilisation and Decay, Adams considers various societies and civilisations by the symbolism, manner and influence of their coinage, and concludes that a society or civilisation becomes sapped of its culture-vigour, when entering a cycle where money becomes the dominant factor rather than merely serving as a mechanism.