In this paper, we examine the lawfulness of a proposal to provide elective ventilation to incompetent patients who are potential organ donors. Under the current legal framework, this depends on whether the best interests test could be satisfied. It might be argued that, because the Mental Capacity Act 2005 (UK) (and the common law) makes it clear that the best interests test is not confined to the patient's clinical interests, but extends to include the individual's own values, wishes and beliefs, (...) the proposal will be in the patient's best interests. We reject this claim. We argue that, as things currently stand, the proposal could not lawfully be justified as a blanket proposition by reference to the best interests test. Accordingly, a modification of the law would be necessary to render the proposal lawful. We conclude with a suggestion about how that could be achieved. (shrink)

In a first major study, the UK’s Royal Society found that 76% of people in the UK are in favour of therapeutic germline genomic editing to correct genetic diseases in human embryos, but found there was little appetite for germline genomic editing for non‐therapeutic purposes. Assuming the UK and other governments acted on these findings, can lawmakers and policymakers coherently regulate the use of biomedical innovations by permitting their use for therapeutic purposes but prohibiting their use for enhancement purposes? This (...) paper examines the very common claim in the enhancement literature that the therapy v enhancement distinction does little meaningful work in helping us think through the ethical issues, a claim that has significant implications for these lawmakers and policymakers who may wish to regulate genomic editing techniques to reflect the findings of this important study. The focus of this paper is on germline genomic editing as one of the main themes in this special issue. (shrink)

In this paper I discuss a recent exchange of articles between Hugh McLachlan and John Coggon on the relationship between omissions, causation, and moral responsibility. My aim is to contribute to their debate by isolating a presupposition I believe they both share and by questioning that presupposition. The presupposition is that, at any given moment, there are countless things that I am omitting to do. This leads both McLachlan and Coggon to give a distorted account of the relationship between (...) causation and moral or (as the case may be) legal responsibility and, in the case of Coggon, to claim that the law’s conception of causation is a fiction based on policy. Once it is seen that this presupposition is faulty, we can attain a more accurate view of the logical relationship between causation and moral responsibility in the case of omissions. This is important because it will enable us, in turn, to understand why the law continues to regard omissions as different, both logically and morally, from acts, and why the law seeks to track that logical and moral difference in the legal distinction it draws between withholding life-sustaining measures and euthanasia. (shrink)

This innovative collection offers one of the first analyses of criminologies of the military from an interdisciplinary perspective. While some criminologists have examined the military in relation to the area of war crimes, this collection considers a range of other important but less explored aspects such as private military actors, insurgents, paramilitary groups and the role of military forces in tackling transnational crime. Drawing upon insights from criminology, this book's editors also consider the ways the military institution harbours criminal activity (...) within its ranks and deals with prisoners of war. The contributions, by leading experts in the field, have a broad reach and take a truly global approach to the subject. (shrink)

The modern slavery literature engages with history in an extremely limited fashion. Our paper demonstrates to the utility of historical research to modern slavery researchers by explaining the rise and fall of the ethics-driven market category of “free-grown sugar” in nineteenth-century Britain. In the first decades of the century, the market category of “free-grown sugar” enabled consumers who were opposed to slavery to pay a premium for a more ethical product. After circa 1840, this market category disappeared, even though considerable (...) quantities of slave-grown sugar continued to arrive into the UK. We explain the disappearance of the market category. Our paper contributes to the on-going debates about slavery in management by historicizing and thus problematizing the concept of “slavery”. The paper challenges those modern slavery scholars who argue that lack of consumer knowledge about product provenance is the main barrier to the elimination of slavery from today’s international supply chains. The historical research presented in this paper suggests that consumer indifference, rather than simply ignorance, may be the more fundamental problem. The paper challenges the optimistic historical metanarrative that pervades much of the research on ethical consumption. It highlights the fragility of ethics-driven market categories, offering lessons for researchers and practitioners seeking to tackle modern slavery. (shrink)

The article reviews several books about philosophical isuuses including "Against Coherence: Truth, Probability, and Justification," by Olsson Erik J., "Fixing Frege," by Burgess John, "Events and Semantic Architecture," by Pietroski Paul M.

John N Andrews; General Thinking Skills: are there such things?, Journal of Philosophy of Education, Volume 24, Issue 1, 30 May 2006, Pages 71–79, https://doi.o.

Published in 1918, _The View of Life_ is Georg Simmel’s final work. Famously deemed “the brightest man in Europe” by George Santayana, Simmel addressed a variety of topics across his essayistic writings, which have influenced scholars in aesthetics, ethics, epistemology, and sociology. Nevertheless, a set of core issues emerged over the course of his career, most centrally the genesis, structure, and transcendence of social and cultural forms and the nature and genesis of authentic individuality. Composed in the years before his (...) death, _The View of Life_ was, according to Simmel, his “testament,” a capstone work of profound metaphysical inquiry intended to formulate his conception of life in its entirety. Now Anglophone readers can at last read in full the work that shaped the argument of Heidegger’s _Being and Time_ and whose extraordinary impact on European intellectual life between the wars was extolled by Jürgen Habermas. Presented alongside these seminal essays are aphoristic fragments from Simmel’s last journal, providing a beguiling look into the mind of one of the twentieth century’s greatest thinkers. (shrink)

In this work, I attempt a four-part task: to explicate Heidegger's notion of the Fourfold, to show its necessary relation to technology, to think the limit that separates these, and to show how this constellation of the Fourfold and technology escapes from the "metaphysics of presence" with which Heidegger has been charged. ;1. The Fourfold is the belonging together of Earth, Sky, Mortals, and Divinities. Heidegger inherits the components from Holderlin, but transforms then in his thought. The gathering of these (...) four goes to make up the presencing of a singular and delimited entity . Such a thing exists as unique and irreplaceable. ;2. This singular mode of presence is only understandable against the background of limitless technological circulation. Influenced by Ernst Junger, Heidegger sees technology as setting into place a world of instantaneous replacement and sameness. The name for this manner of replaceable presence is "Bestand ." ;3. The unworld of technology is no simple "opposite" to the Fourfold, however. Rather the two modes of presence belong together. Heidegger repeatedly emphasizes how there can never be a complete loss of world in the enframing of technology. Conversely, the Fourfold is never free of the Bestand. A play of revelation and concealment is operative here and intimately related to Heidegger's new notion of essence. I examine this intricate and intimate co-belonging of technology and the Fourfold. ;4. This interpretation is used to counter the charge that Heidegger would think in terms of metaphysical presence, i.e., in terms of complete, self-present, and pure presence. Such a charge is leveled in the early work of Jacques Derrida. I show that Heidegger's thinking is already a thought of the trace. Since there is consequently no total presence or absence for Heidegger , there can be no simple overcoming of metaphysics either. Metaphysics cannot be so easily left behind, but must undergo a transformation . This is nothing more than a recognition of the trace and its place at the limit of singular, finite existence. ;The first chapter treats the circulation of technology, the remaining four address in series the elements of the Fourfold. (shrink)

What job should authorities give to review boards? We are grateful to Soren Holm, Rosamond Rhodes, Julian Savulescu and G Owen Schaefer for their thoughtful commentaries on our answer.1–4 Here we add to the discussion. Let us summarise the claims for which we argued.5 Relevant authorities can task boards with review for consistency with duly established code, thereby making code-consistent activities apt for approval and code-inconsistent activities apt for rejection. They can instead task boards with review for ethical acceptability, making (...) ethically acceptable activities apt for approval and ethically unacceptable activities apt for rejection. For every proposal a board might consider, these two different jobs establish different review bases, and their approvals and rejections also sometimes conflict. Some international and national statements require ECR, others instead require CCR, and others again seem either to require both or just to run the two together. Those responsible for these statements should make them clearer and better aligned here. For reasons of practicality, publicity and separation of powers, authorities do better to task boards with CCR and not ECR. These arguments also count against establishing any code with content that in effect collapses CCR into ECR. If our arguments withstand robust scrutiny, authorities should also remove ‘ethics’ and cognate terms from the names of these boards and their review activities and emphasise code expertise not ethics expertise in the required skill sets of boards. Our article noted that ‘ethical considerations informed the genesis of these boards and express their aspirations’. Rhodes similarly notes: ‘the authors and endorsers of research ethics codes, declarations and regulations … articulating the ethical standards for conducting human subject research’ and ‘This framework embeds the ethical parameters of human subject research into the moral missions of institutions’. Schaefer too …. (shrink)

This paper is a revalidation of Oliver Sacks's role in the development of medicine's narrative turn and, as such, a reinterpretation of the history of narrative in medicine. It suggests that, from the late 1960s, Sacks pioneered in his ‘Romantic Science’ a new medical mode that reunited the seemingly incommensurable art and science of medicine while also offering a way for medical humanities to shape clinical reasoning more effectively.

In this paper I expound and criticise the arguments of two leading exponents of critical ecological feminism. According to critical ecological feminism responsibility for the oppressions of the natural world and the oppressions of racism and sexism can be traced to a logic of domination that is based on suspect value dualities and presupposes an unacceptable ‘moral extensionism’. I argue firstly that critical ecological feminism's critique of value dualism presupposes the truth of the thesis that humans and non‐humans are morally (...) equal, a thesis for which it offers no persuasive arguments . Secondly I maintain that moral extensionism, contrary to the claims of critical ecological feminism, can support a genuine respect for the natural world. Finally I suggest that the arguments for one version of critical ecological feminism, in order to be made convincing, themselves require the truth of moral extensionism. (shrink)

Hirst always highlighted knowledge when reflecting on the school curriculum. He replaced his early focus on liberal education, the development of mind and theoretical knowledge by emphasizing the practical and practices as a curriculum starting point and for the framing of educational aims. In this paper I explore links between Hirst’s philosophical treatment of knowledge and some currently contested aspects of UK government education policies. I also note some ways in which his work relates to selected present-day debates in philosophy (...) of education. Examples of UK government policy will include Ofsted’s definition of learning as a ‘change in long-term memory’ and the ways in which they place ‘logical sequencing’ at the heart of teaching, learning, and curriculum. Their learning definition treats knowledge as an individual asset rather than something about individuals as embedded in the social world of practices, a perspective more in keeping with Hirst’s later views. The critique of individualistic notions of knowledge and learning includes some explorations of how learners move into the ‘space of reasons’. Where I draw attention to relationships between Hirst’s thought and contemporary philosophy of education debates, I do not always draw any definite conclusions. (shrink)

Weak panpsychism, the view that mindlike qualities are wide-spread in nature, has recently been argued for by the prominent ecofeminist Val Plumwood and has been used by her to ground an ethic of respect for nature. This ethic advocates a principle of respect for difference, the rejection of moral hierarchy and the inclusion of plants, mountains, rivers and ecosystems within the moral community. I argue that weak panpsychism cannot, convincingly, justify the rejection of moral hierarchy, as it is compatible with (...) it. Also the intentional criterion of mind, employed by weak panpsychism, which includes teleology, has the counter-intuitive implication of giving machines moral status. I cast doubt on the claims that (i) intentionality is a necessary condition for moral status and that (ii) it is sufficient for the ascription of agency. It is suggested that any account of intentionality that allows it to be predicated of mountains, rivers etc. would be widely, and correctly regarded as a reduction of that account. Finally an aesthetic reinterpretation of weak panpsychism is offered. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

Critical Realism and Marxism addresses controversial debates, revealing a potentially fruitful relationship; deepening our understanding of the social world and contibuting towards eliminating barbarism in contemporary capitalism.

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. We reject arbitrary distinctions that deny adequate protections to other animals who share with protected humans relevantly similar vulnerabilities to harms and relevantly similar interests in avoiding such harms. We strongly urge this Court, in keeping with the best philosophical standards of rational judgment and ethical standards of justice, to recognize that, as a nonhuman person, Happy should be (...) released from her current confinement and transferred to an appropriate elephant sanctuary, pursuant to habeas corpus. (shrink)

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s personhood.

This paper provides a new rationale for equating brain death with the death of the human organism, in light of well-known criticisms made by Alan D Shewmon, Franklin Miller and Robert Truog and a number of other writers. We claim that these criticisms can be answered, but only if we accept that we have slightly redefined the concept of death when equating brain death with death simpliciter. Accordingly, much of the paper defends the legitimacy of redefining death against objections, before (...) turning to the specific task of defending a new rationale for equating brain death with death as slightly redefined. (shrink)

Journal of Applied Philosophy, EarlyView.

In this paper, I examine Jeff McMahan’s arguments for his claim that we are not human organisms, and the arguments of Derek Parfit to the same effect in a recent paper. McMahan uses these arguments to derive conclusions concerning the moral status of embryos and permanent vegetative state patients. My claim will be that neither thinker has successfully shown that we are not human beings, and therefore these arguments do not establish the ethical conclusions that McMahan has sought to draw (...) from the arguments in respect of the moral status of embryos and PVS patients. (shrink)

In donation after the circulatory-respiratory determination of death, the dead donor rule requires that the donor be dead before organ procurement can proceed. Under the relevant limb of the Uniform Determination of Death Act 1981, a person is dead when the cessation of circulatory-respiratory function is ‘irreversible’. Critics of current practice in DCDD have argued that the donor is not dead at the time organs are procured, and so the procurement of organs from these donors violates the dead donor rule. (...) We offer a new argument here in defence of current DCDD practice, and, in particular, of the interpretation of the requirement of ‘irreversibility’ as permanence. (shrink)

This paper examines the recent prominent view in medical ethics that withdrawing life-sustaining treatment is an act of killing. I trace this view to the rejection of the traditional claim that withdrawing LST is an omission rather than an act. Although that traditional claim is not as problematic as this recent prominent view suggests, my main claim is that even if we accepted that withdrawing LST should be classified as an act rather than as an omission, it could still be (...) classified as letting die rather than killing. Even though omissions are contrasted with acts, letting die need not be, for one can let die by means of acts. The remainder of the paper is devoted to establishing this claim and addresses certain objections to it. (shrink)

In their book Identity, Personhood and the Law,1 authors Charles Foster and Jonathan Herring seek, among other things, to show that the law is based on overly simplistic assumptions about the nature of personal identity. In their Author Meets Critics précis, they summarise the main contentions of the book on this issue. Difficulties in the law’s simplistic approach are, they claim, exposed when we think about people with dementia, ‘where [in advanced cases] I may turn into a person with no (...) apparent continuity at all with my own self’ and where: > X2 will simply inhabit a body composed of some of the same cells as belonged to X1. Deep brain stimulation ‘may similarly transform ‘my’ attributes to such an extent that it seems false to continue to talk about ‘me’ at all.’ Other examples, including cases of patients suffering severe anorexia or who have fallen into a permanent vegetative state, are given. All of them ‘call into question the atomistic, billiard-ball model of identity used by the law and by our uninterrogated intuitions.’ The authors’ approach is to begin with these and a number of other examples and raise several philosophical and ethical issues. They then discuss the issues and develop principles which they apply to the same examples at the end of the book. In this commentary, I cannot do justice to all the claims and challenges to the law the authors make in their rich and highly recommended book. I will focus only on the issue of personal identity and their remarks about the simplistic assumptions made by the courts on this issue. Although my comments will not always be in agreement with theirs, these remarks should be taken …. (shrink)

In their book _Identity, Personhood and the Law_, 1 authors Charles Foster and Jonathan Herring seek, among other things, to show that the law is based on overly simplistic assumptions about the nature of personal identity. In their _Author Meets Critics_ précis, they summarise the main contentions of the book on this issue. Difficulties in the law’s simplistic approach are, they claim, exposed when we think about people with dementia, ‘where [in advanced cases] I may turn into a person with (...) no apparent continuity at all with my own self’ and where: X2 will simply inhabit a body composed of some of the same cells as belonged to X1. Deep brain stimulation ‘may similarly transform ‘my’ attributes to such an extent that it seems false to continue to talk about ‘me’ at all.’ Other examples, including cases of patients suffering severe anorexia or who have fallen into a... (shrink)

In their controversial paper ‘After-birth abortion’, Alberto Giubilini and Francesca Minerva argue that there is no rational basis for allowing abortion but prohibiting infanticide (‘after-birth abortion’). We ought in all consistency either to allow both or prohibit both. This paper rejects their claim, arguing that much-neglected considerations in philosophical discussions of this issue are capable of explaining why we currently permit abortion in some circumstances, while prohibiting infanticide.

Recent arguments on the ethics of stem cell research have taken a novel approach to the question of the moral status of the embryo. One influential argument focuses on a property that the embryo is said to possess—namely, the property of being an entity with a rational nature or, less controversially, an entity that has the potential to acquire a rational nature—and claims that this property is also possessed by a somatic cell. Since nobody seriously thinks that we have a (...) duty to preserve the countless such cells we wash off our body every day in the shower, the argument is intended as a reductio ad absurdum of the claim that the embryo should be afforded the same moral status as a fully developed human being. This article argues that this argument is not successful and that it consequently plays into the hands of those who oppose embryonic stem cell research. It is therefore better to abandon this argument and focus instead on the different argument that potentiality, as such, is not a sufficient ground for the creation of moral obligations towards the embryo. (shrink)

In this paper, I discuss David Shaw's claim that the body of a terminally ill person can be conceived as a kind of life support, akin to an artificial ventilator. I claim that this position rests upon an untenable dualism between the mind and the body. Given that dualism continues to be attractive to some thinkers, I attempt to diagnose the reasons why it continues to be attractive, as well as to demonstrate its incoherence, drawing on some recent work in (...) the philosophy of psychology. I conclude that, if my criticisms are sound, Shaw's attempt to deny the distinction between withdrawal and euthanasia fails. (shrink)

In a paper that has recently attracted discussion, David Shaw has attempted to criticize the distinction the law has drawn between withdrawing and withholding life-sustaining measures on the one hand, and euthanasia on the other, by claiming that the body of a terminally ill patient should be seen as akin to life support. Shaw compares two cases that we might, at least at first, regard as distinct, and argues that they are not. In the first case, Adam, who is dying (...) of lung cancer, is connected to a ventilator and requests to be disconnected. In the second case, Brian, also dying of cancer, is not connected to anything, and so he requests his doctor to provide him with a lethal injection. In the first case, Shaw contends, Adam is being kept alive by a ventilator. In the second case, Brian is being kept alive by his body. (shrink)

Expert skill in music performance involves an apparent paradox. On stage, expert musicians are required accurately to retrieve information that has been encoded over hours of practice. Yet they must also remain open to the demands of the ever-changing situational contingencies with which they are faced during performance. To further explore this apparent paradox and the way in which it is negotiated by expert musicians, this article profiles theories presented by Roger Chaffin, Hubert Dreyfus and Tony and Helga Noice. For (...) Chaffin, expert skill in music performance relies solely upon overarching mental representations, while, for Dreyfus, such representations are needed only by novices, while experts rely on a more embodied form of coping. Between Chaffin and Dreyfus sit the Noices, who argue that both overarching cognitive structures and embodied processes underlie expert skill. We then present the Applying Intelligence to the Reflexes (AIR) approach?a differently nuanced model of expert skill aligned with the integrative spirit of the Noices? research. The AIR approach suggests that musicians negotiate the apparent paradox of expert skill via a mindedness that allows flexibility of attention during music performance. We offer data from recent doctoral research conducted by the first author of this article to demonstrate at a practical level the usefulness of the AIR approach when attempting to understand the complexities of expert skill in music performance. (shrink)

This article defends the criterion of permanence as a valid criterion for declaring death against some well-known recent objections. We argue that it is reasonable to adopt the criterion of permanence for declaring death, given how difficult it is to know when the point of irreversibility is actually reached. We claim that this point applies in all contexts, including the donation after circulatory determination of death context. We also examine some of the potentially unpalatable ramifications, for current death declaration practices, (...) of adopting the irreversibility criterion. (shrink)

This paper considers recent discussion of the possible use of ‘love drugs’ and ‘anti-love drugs’ as a way of enhancing or diminishing romantic relationships. The primary focus is on the question of whether the idea of using such products commits its proponents to an excessively reductionist conception of love, and on whether the resulting ‘love’ in the use of ‘love drugs’ would be authentic, to the extent that it would be brought about artificially.