In 2008, many states sought to pass Human Life Amendments, which would extend the definition of personhood to encompass newly fertilized eggs. If such an amendment were to pass, Roe v. Wade, as currently defended by the Supreme Court, may be repealed. Consequently, it is necessary to defend the right to an abortion in a manner that succeeds even if a Human Life Amendment successfully passes. J.J. Thomson's argument in “A Defense of Abortion” successfully achieves this. Her argument is especially (...) strong when one considers that her central thesis—that one person's right to life does not entail the right to use another's person's body for continued sustenance—is pervasive in legal policies in the U.S.A. (shrink)

Many medical‐ethics advisory boards have concluded that human embryonic stem cell research can be conducted in an ethical manner. Yet, almost all the recommendations of the ethics advisory boards have included a rather obscure requirement: the embryos that are to be destroyed for stem cell research must be treated with profound respect. In none of these recommendations, however, do we see an adequate explanation of what proper respect for human embryos actually entails. In this essay I argue that showing proper (...) respect for human embryos, on the one hand, and simultaneously destroying them for stem cell research, on the other hand, are not mutually exclusive. In addition, I maintain that given current U.S. in vitro fertilization practices, which deliberately produce more embryos than will be implanted, proper respect for surplus embryos requires their use in embryonic stem cell research. (shrink)

This paper will explain three reasons why pro-choice advocates should move away from arguments in favor of abortion choice that is dependent upon the fetus’ non-personhood, and more towards generating arguments in favor of abortion choice that embraces a more respectful view of fetal life. First, the future of the legal right to an abortion in the United States may depend on generating an argument that does not rely on denying fetal personhood. Second, pro-choice advocates should be more respectful of (...) fetal life because the hesitancy of doing so has not gone over well in the general public. Even individuals who are sympathetic to a pro-choice perspective are sometimes hesitant to align themselves with the pro-choice community because of the perception that it is antithetical to the value of fetal life. The third reason is that some women who choose abortion regard it as a morally significant act precisely because they regard the fetus as a morally significant being. (shrink)

Far too often in our society, the input of a potential father is not deemed relevant in a woman’s abortion decision. Men, however, can suffer emotional strains due to the abortion of their potential child, and given this harm it seems that morality must make room for a potential father’s voice in the abortion decision. I will argue that a man cannot have the right to veto a woman’s decision to procure an abortion, yet there may be times where a (...) woman may exercise her right to an abortion in a manner not indicative of a virtuous character. This is especially a danger in the face of a dissenting man who may suffer greatly if his potential child is abortedand thus I will delineate circumstances where a virtuous woman would concede to carrying a fetus to term in order to give a man the child he so desperately desires. In addition to using virtue ethics to make the argument, I will incorporate certain aspects of care ethics in order to further what may seem to some to be a rather contentious claim. (shrink)

Far too often in our society, the input of a potential father is not deemed relevant in a woman’s abortion decision. Men, however, can suffer emotional strains due to the abortion of their potential child, and given this harm it seems that morality must make room for a potential father’s voice in the abortion decision. I will argue that a man cannot have the right to veto a woman’s decision to procure an abortion, yet there may be times where a (...) woman may exercise her right to an abortion in a manner not indicative of a virtuous character. This is especially a danger in the face of a dissenting man who may suffer greatly if his potential child is abortedand thus I will delineate circumstances where a virtuous woman would concede to carrying a fetus to term in order to give a man the child he so desperately desires. In addition to using virtue ethics to make the argument, I will incorporate certain aspects of care ethics in order to further what may seem to some to be a rather contentious claim. (shrink)

This chapter contains sections titled: Pregnancy: Before and After McFall, Shimp, and Thomson's Ailing Violinist Pro‐Choice Does Not Mean Pro‐Abortion Notes.

Marlise Muñoz had told her husband, Erik, that if it were ever necessary, she opposed being kept alive through the use of artificial sustenance. Two days before Thanksgiving in 2013, Erik found his wife unconscious on their kitchen floor; she had, by that point, suffered from oxygen deprivation for about an hour. When she arrived at John Peter Smith Hospital, Muñoz was put on a ventilator as hospital workers sought to revive her. They did not succeed. She was declared brain-dead, (...) meaning that she had suffered the irreversible loss of all brain activity. Her family requested that her ventilator be removed, and were shocked to hear their request denied. The Texas advance directive statute prohibits the removal of... (shrink)

Many bioethicists working in reproductive ethics tacitly assume some theory of diachronic personal identity. For example, Peter Singer argues that there is no identity relation between a foetus and a future individual because the former shares no robust mental connections with the latter. Consequently, abortion prevents the existence of an individual; it does not destroy an already existing individual. Singer's argument implicitly appeals to the psychological account of personal identity, which, although endorsed by many philosophers such as Derek Parfit, is (...) contentious. Singer does not attempt to defend the psychological account before applying it to the moral permissibility of abortion. Indeed, with some notable exceptions, very few bioethicists attempt antecedently to defend their chosen theory of personal identity before applying it to their ethical arguments. In this paper, I look at the issues of abortion, embryonic stem cell research, and human reproductive cloning in order to illustrate how many of the arguments made by bioethicists on these topics are, at least partly, based upon veiled metaphysical assumptions. My objective is to illustrate that progress can be made on these topics by attending to their fundamental metaphysical claims. (shrink)

abstract Many bioethicists working in reproductive ethics tacitly assume some theory of diachronic personal identity. For example, Peter Singer argues that there is no identity relation between a foetus and a future individual because the former shares no robust mental connections with the latter. Consequently, abortion prevents the existence of an individual; it does not destroy an already existing individual. Singer's argument implicitly appeals to the psychological account of personal identity, which, although endorsed by many philosophers such as Derek Parfit, (...) is contentious. Singer does not attempt to defend the psychological account before applying it to the moral permissibility of abortion. Indeed, with some notable exceptions, very few bioethicists attempt antecedently to defend their chosen theory of personal identity before applying it to their ethical arguments. In this paper, I look at the issues of abortion, embryonic stem cell research, and human reproductive cloning in order to illustrate how many of the arguments made by bioethicists on these topics are, at least partly, based upon veiled metaphysical assumptions. My objective is to illustrate that progress can be made on these topics by attending to their fundamental metaphysical claims. (shrink)

Many believe that values are crucially dependent on emotions. This paper focuses on epistemic aspects of the putative link between emotions and value by asking two related questions. First, how exactly are emotions supposed to latch onto or track values? And second, how well suited are emotions to detecting or learning about values? To answer the first question, the paper develops the heuristics-model of emotions. This approach models emotions as sui generis heuristics of value. The empirical plausibility of the heuristics-model (...) is demonstrated using evidence from experimental psychology, evolutionary anthropology and neuroscience. The model is used then to answer the second question. If emotions are indeed heuristics of value, then it follows that emotions can be an important and useful source of information about value. However, emotions will not be epistemically superior in the sense of being the highest court of appeal for the justification of axiological beliefs (the latter view is referred to as the Epistemic Dependence Thesis, or EDT for short). The paper applies the heuristics-model to celebrated cases from the philosophy of emotions literature arguing that while the heuristics-model offers a good explanation of typical patterns of emotional reactions in such cases, advocates of EDT will have a hard time accounting for these patterns. The paper also shows that the conclusions drawn from special cases generalize. The paper ends by arguing that skepticism about the metaethical significance of emotions is compatible with a commitment to the importance of emotions in first-order normative ethics. (shrink)

This article discusses how everyday speech was mediated in early modern England: how speech was registered and remediated through various cultural techniques making it recognizable as a distinct linguistic medium and how these processes intersected with literary writing. A contribution to the study of the early modern English mediascape and its literary ramifications, this essay is also an effort to think historically about media change and literary transformation both as they happen and as they become visible over time. In what (...) follows, I trace the relationship between speech and the cultural techniques that engage with speech as the medium of everyday face-to-face interaction. Although my question is ultimately about speech, not poetry, and although the larger question I am interested in is not about artistic production but about media and cultural techniques more broadly, literary—poetic and especially dramatic—writing is nevertheless central to my essay. My argument grows out of the insights of twentieth-century literary criticism, whose observations about the relationship between speech and writing in 1600 were recognizably informed by the discourse network of their own moment and by their own concerns with modernity and its origins. So even as I am making an argument about the media constellation of a particular moment (an argument that could perhaps be described as crudely historicist), I am also curious about how the features of that moment became visible under different historical conditions or were imprinted by different media constellations and also how the defamiliarizing effect of the new may have made the past look familiar. (shrink)

People seem to differ in their visual search performance involving emotionally expressive faces when these expressions are seen on faces of others close to their age compared to faces of non-peers, known as the own-age bias. This study sought to compare search advantages in angry and happy faces detected on faces of adults and children on a pool of children and adults. The goals of this study were to examine the developmental trajectory of expression recognition and examine the development of (...) an OAB. Participants were asked to find a target face displaying an emotional expression among eight neutral faces. Results showed that children and adults found happy faces significantly faster than angry and fearful faces regardless of it being present on the faces of peers or non-peers. Adults responded faster to the faces of peers regardless of the expression. Furthermore, while children detected angry faces significantly faster compared to fearful ones, we found no such difference in adults. In contrast, adults detected all expressions significantly faster when they appeared on the faces of other adults compared to the faces of children. In sum, we found evidence for development in detecting facial expressions and also an age-dependent increase in OAB. We suggest that the happy face could have an advantage in visual processing due to its importance in social situations and its overall higher frequency compared to other emotional expressions. Although we only found some evidence on the OAB, using peer or non-peer faces should be a theoretical consideration of future research because the same emotion displayed on non-peers’ compared to peers’ faces may have different implications and meanings to the perceiver. (shrink)

One of the most famous, and most derided, arguments against the morality of abortion is the argument from potential, which maintains that the fetus' potential to become a person and enjoy the valuable life common to persons, entails that its destruction is prima facie morally impermissible. In this paper, I will revisit and offer a defense of the argument from potential.

This article deals with some phenomena of the Hungarian legal language from a historical point of view, with special regard to the terminology of private law going back to Roman law tradition. The author aims, on the one hand, to present the historical background of the current terminology of Hungarian private law by means of some representative examples. On the other hand, it is attempted at demonstrating that “false friends” and some further misunderstandings in the current terminology of Hungarian private (...) law can be led back to the historical determination of the concepts/terms in question. A certain Hungarian legal language existed already in the 16th c., however it reached the common European level by the middle of the 19th c. This development took place mainly under the influence of the Austrian and German law and legal science. Due to the translation of foreign legal terms to Hungarian since the 19th c. there emerged some “global” difficulties of legal terminology also in the Hungarian legal language. As the most important example, the reception of bona fides can be mentioned. It was an amendment of the Hungarian Civil Code in 2006 which tried to eliminate the misunderstandings as regards the principle of good faith conceived formerly by many Hungarian jurists exclusively in subjective sense. The history of reception of the German notions of Gültigkeit and Wirksamkeit in Hungary is extremely intriguing, too. Hungarian jurists did not follow the pattern of the German BGB but developed this pair created by Windscheid by drawing a clear distinction between the validity and effectiveness of legal transactions, similar to the Italian terminology. Sometimes the reception of German notions happened in a less successful way. Despite the important foreign, especially German impacts, the Hungarian legal language is an autonomous one having several remarkable features which deserve attention also in comparison with terminology of the Western legal cultures. (shrink)

This essay discusses a less known period of Karl Mannheim's life, namely the period he spent in Hungary. I attempt to point out that the career of the young Mannheim, starting from a philosophical interest and continuing with a sociological one, is continuous. His first published works and letters prove that in the period preceding his emigration to Germany in 1919 he was concerned with questions that received their mature form in his sociology of knowledge. They include primarily the question (...) of culture, that of perspective-boundedness of cognition, interpretation and the problem of intellectuals. Despite changing disciplines from philosophy to sociology, the continuity of his oeuvre can be shown. (shrink)

This paper argues that group attitudes can be assessed in terms of standards of rationality and that group-level rationality need not be due to individual-level rationality. But it also argues that groups cannot be collective epistemic agents and are not collectively responsible for collective irrationality. I show that we do not need the concept of collective epistemic agency to explain how group-level irrationality can arise. Group-level irrationality arises because even rational individuals can fail to reason about how their attitudes will (...) combine with those of others. In some cases they are morally responsible for this failure, in others they are not. Moreover, the argument for collective epistemic agency is incoherent because reasons-for-groups are ipso facto reasons-for-individual. Instead of talking about reasons-for-groups, we should therefore distinguish between self-regarding reasons and group-regarding reasons. Both kinds of reasons are reasons-for-individuals. These conceptual considerations in favour of moderate individualism are strengthened by an analysis of our moral practice of responding to collective shortfalls of rationality and by the unpalatable moral implications of collectivism about epistemic agency. There is no need to change the subject. Groups can be rational or irrational, but they do not reason. (shrink)

One argument used by detractors of human embryonic stem cell research (hESCR) invokes Kant's formula of humanity, which proscribes treating persons solely as a means to an end, rather than as ends in themselves. According to Fuat S. Oduncu, for example, adhering to this imperative entails that human embryos should not be disaggregated to obtain pluripotent stem cells for hESCR. Given that human embryos are Kantian persons from the time of their conception, killing them to obtain their cells for research (...) fails to treat them as ends in themselves. (shrink)

Mutually beneficial exchanges in markets can be exploitative because one party takes advantage of an underlying injustice. For instance, employers of sweatshop workers are often accused of exploiting the desperate conditions of their employees, although the latter accept the terms of their employment voluntarily. A weakness of this account of exploitation is its tendency for over-inclusiveness. Certainly, given the prevalence of global and domestic socioeconomic inequalities, not all exchanges that take place against background injustices should be considered exploitative. This paper (...) offers a framework to identify exploitation in mutually beneficial exchange, focusing on the case of sweatshop labor. It argues that an employer can be viewed as taking unfair advantage of an underlying injustice if and only if the employer’s surplus from the exchange in the unjust state of affairs exceeds the surplus it could maximally obtain in a just state of affairs. The paper illustrates the applicability of this framework using three different conceptions of justice and argues that it is superior to microlevel accounts of exploitation that regard background justice as irrelevant. The paper concludes by describing some normative implications that follow from judging an exchange exploitative. (shrink)

In their paper 'After-birth abortion: why should the baby live?' Alberto Giubilini and Francesca Minerva argue that because there are no significant differences between a fetus and a neonate, in that neither possess sufficiently robust mental traits to qualify as persons, a neonate may be justifiably killed for any reason that also justifies abortion. To further emphasise their view that a newly born infant is more on a par with a fetus rather than a more developed baby, Giubilini and Minerva (...) elect to call this 'after-birth abortion' rather than infanticide. In this paper, I argue that their thesis is incorrect, and that the moral permissibility of abortion does not entail the moral permissibility of 'after-birth' abortion. (shrink)

In recent years, there has been a marked increase in the use of imaginative play in child psychotherapy, yet the theoretical conceptualization of the meaning of play is lacking behind its application in practice. In search of a deeper understanding of the phenomenon of imaginative play, the author turns to Merleau-Ponty's ontology and to his phenomenology of structure, of the lived body, of perception, and of expression. In light of his work, play is an embodied mode of being in the (...) world and a body-world phenomenon. Imaginative play in particular exemplifies the human order in that it enables the child to create and re-create his own meanings within his play world. In a therapeutic context, the evocation of play imagery and the expressive shaping and reshaping of play meanings lead to surprising insights and new discoveries relevant to the child's life-world. A central therapeutic value of imaginative play lies in its promise for facilitating change and healing. A clinical case illustration of a young boy is provided, and the meaning of his imaginative play is exemplified in light of Merleau-Ponty's thought. Some implications are drawn for the theory of play in child psychotherapy. (shrink)

In this paper, I appeal to two aspects of Immanuel Kant’s philosophy – his metaphysics and ethics – in defense of abortion rights. Many Kantian pro-life philosophers argue that Kant’s second principle formulation of the categorical imperative, which proscribes treating persons as mere means, applies to human embryos and fetuses. Kant is clear, however, that he means his imperatives to apply to persons, individuals of a rational nature. It is important to determine, therefore, whether there is anything in Kant’s philosophy (...) that permits regarding embryos and fetuses as persons, since they lack the capacity for sentience (at least until mid-gestation), let alone rational thought. In the first part of the paper, I will illustrate why there are difficulties maintaining, from a Kantian perspective, that conception marks the genesis of a new person. Even granting that embryos and fetuses are persons, however, this alone would not entail the moral impermissibility of abortion rights, mainly because prohibiting abortion, and compelling women to gestate, violates the formula of humanity against them. Developing this thesis encompasses the second part of my essay. Finally, although I argue that Kant’s philosophy lends strong support to abortion rights, this does not thereby entail that it allows for the complete dehumanization of the human fetus. By appealing to the writings of Kantian scholar Allen Wood, I will argue that a fetus’ status as a potential person does render it worthy of some degree of respect and moral value. (shrink)

In 2008, many states sought to pass Human Life Amendments, which would extend the definition of personhood to encompass newly fertilized eggs. If such an amendment were to pass, Roe v. Wade, as currently defended by the Supreme Court, may be repealed. Consequently, it is necessary to defend the right to an abortion in a manner that succeeds even if a Human Life Amendment successfully passes. J.J. Thomson's argument in “A Defense of Abortion” successfully achieves this. Her argument is especially (...) strong when one considers that her central thesis—that one person's right to life does not entail the right to use another's person's body for continued sustenance—is pervasive in legal policies in the U.S.A. (shrink)

Civil Dialogue on Abortion provides a cutting-edge discussion between two philosophy scholars on each side of the abortion debate. Bertha Alvarez Manninen argues for her pro-choice view, but also urges respect for the life of the fetus, while Jack Mulder argues for his pro-life view, but recognizes that for the pro-life movement to be consistent, it must urge society to care more for the vulnerable. Coming together to discuss their views, but also to seek common ground, the two authors (...) show how their differing positions nevertheless rest upon some common convictions. The book helps to provide a way forward for a divide that has only seemed to widen the aisle of public discourse in recent years. This engaging book will prove essential reading for students across multiple disciplines, including applied ethics, medical ethics, and bioethics, but will also be of interest to students of religious studies and women's studies. (shrink)

If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this groundbreaking new work, András Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European societies. (...) Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond. (shrink)

Filosofía antigua -- Filosofía medieval : heavy metal y religión -- Filosofía moderna y contemporánea.

In his original metabletic research on the nature of neurosis. Van den Berg revealed how, towards the 19th century, the increasingly complex and dividing nature of Western society led to the emergence of neurosis as a form of divided existence. By the mid 20th century, the manifestations of neurosis itself changed from a crystalized disorder to vague neurotic disturbances which Van den Berg related to the societal disorder, incoherence and instability which followed the second world war. He identified a series (...) of neuroticizing factors at the time including the ambivalence of society, the increased mobility, a changed sense of time, the disappearance of small groups, the weakening of family ties and the fear of death. In our postmodern world today, the nature of neurosis has changed once again and awaits a new metabletic investigation to reveal its nature and its particular manifestations. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2014 Heft: 202 Seiten: 321-343.

Neanderthal extinction is a matter of intense debate. It has been suggested that demography (as opposed to environment or competition) could alone provide a sufficient explanation for the phenomenon. We argue that demography cannot be a ‘stand-alone’ or ‘alternative’ explanation of token extinctions as demographic features are entangled with competitive and environmental factors, and further because demography should not be conflated with neutrality.

This paper develops an account of how economic and political institutions can limit the applicability of principles of justice even in non-relational cosmopolitan conceptions. It shows that fundamental principles of justice underdetermine fair distributive shares as well as justice -based requirements. It argues that institutions partially constitute the content of justice by determining distributive shares and by resolving indeterminacies about justice -based requirements resulting from strategic interaction and disagreement. In the absence of existing institutions principles of justice might not be (...) applicable for assessing distributions or guiding individual action and institutional design. Hence, accepting a specific cosmopolitan conception of justice is insufficient to settle global distributive questions. (shrink)

On 22 January 2019, New York state passed the Reproductive Health Act (RHA), which specifies three circumstances under which a healthcare provider may perform an abortion in New York: (1) the patient is within twenty-four weeks of pregnancy, (2) the fetus is non-viable, or (3) the abortion is necessary to protect the patient’s life or health. The first one, that of abortion being accessible within the first twenty-four weeks of pregnancy, is not unique to New York, as many other states (...) allow medical professionals to provide abortions during this time. The latter two have caused significant controversy because they detail certain circumstances in which abortions would be accessible after twenty-four weeks. This paper will focus on these latter two circumstances. I will first argue that any debate or discussion about (2) must go beyond the conventional debate about the ethics of abortion and incorporate, more appropriately, a discussion on euthanasia and the ethics of end-of-life care for nascent human life. In particular, it requires us to consider the morality of non-voluntary active euthanasia for non-viable fetuses, rather than just a discussion of the ethics of late term abortions. When it comes to (3), I will argue that assessing its moral permissibility actually raises some legitimate moral concerns, even from a reproductive rights perspective. On certain readings, it seems as if condition (3) would allow for the termination of a healthy fetus for reasons not related to the mother’s physical health or life. If this is the case, I argue, the right to an abortion would be construed as a right to fetal termination, rather than just fetal evacuation. However, I will argue that there are good reasons that pro-choice advocates should interpret the right to an abortion as a right to fetal evacuation instead of termination, and if this is the case, a woman should not be able to demand the death of a healthy fetus if ending the pregnancy safely via fetal evacuation would suffice. (shrink)