Nicholas Dixon’s Kantian argument for why mixed martial arts (MMA) is intrinsically immoral has received several critical responses. We offer an additional critical response. Unlike previous responses, ours does not rely on an interpretation of the categorical imperative that Dixon would find tendentious. Instead, we grant that Dixon’s views about what makes other sports consistent with the categorical imperative are correct and argue from this assumption that MMA is also consistent with the categorical imperative. Our argument focuses on Dixon’s claims (...) about certain cycling tactics, which we call ‘pain-leveraging cycling tactics’. We argue that MMA is consistent with the categorical imperative for the same sort of reasons that Dixon claims make pain-leveraging cycling tactics consistent with the categorical imperative. (shrink)

Objectives To determine the role played by law in medical specialists9 decision-making about withholding and withdrawing life-sustaining treatment from adults who lack capacity, and the extent to which legal knowledge affects whether law is followed. Design Cross-sectional postal survey of medical specialists. Setting The two largest Australian states by population. Participants 649 medical specialists from seven specialties most likely to be involved in end-of-life decision-making in the acute setting. Main outcome measures Compliance with law and the impact of legal knowledge (...) on compliance. Results 649 medical specialists (of 2104 potential participants) completed the survey (response rate 31%). Responses to a hypothetical scenario found a potential low rate of legal compliance, 32% (95% CI 28% to 36%). Knowledge of the law and legal compliance were associated: within compliers, 86% (95% CI 83% to 91%) had specific knowledge of the relevant aspect of the law, compared with 60% (95% CI 55% to 65%) within non-compliers. However, the reasons medical specialists gave for making decisions did not vary according to legal knowledge. Conclusions Medical specialists prioritise patient-related clinical factors over law when confronted with a scenario where legal compliance is inconsistent with what they believe is clinically indicated. Although legally knowledgeable specialists were more likely to comply with the law, compliance in the scenario was not motivated by an intention to follow law. Ethical considerations (which are different from, but often align with, law) are suggested as a more important influence in clinical decision-making. More education and training of doctors is needed to demonstrate the role, relevance and utility of law in end-of-life care. (shrink)

Much of the commentary in the wake of the Charlie Gard litigation was aimed at apparent shortcomings of the law. These include concerns about the perceived inability of the law to consider resourcing issues, the vagueness of the best interests test and the delays and costs of having disputes about potentially life-sustaining medical treatment resolved by the courts. These concerns are perennial ones that arise in response to difficult cases. Despite their persistence, we argue that many of these criticisms are (...) unfounded. The first part of this paper sets out the basic legal framework that operates when parents seek potentially life-sustaining treatment that doctors believe is against a child’s best interests, and describes the criticisms of that framework. The second part of the paper suggests an alternative approach that would give decision-making power to parents, and remove doctors’ ability to unilaterally withhold or withdraw life-sustaining treatment that they regard is futile. This proposal is grounded in several values that we argue should guide these regulatory choices. We also contend that the best interests test is justifiable and since the courts show no sign of departing from it, the focus should be on how to better elucidate the underlying values driving decisions. We discuss the advantages of our proposed approach and how it would address some of the criticisms aimed at the law. Finally, we defend the current role that the judiciary plays, as an independent state-sanctioned process with a precedent-setting function. (shrink)

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)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1752 edition. Excerpt:... to which the original Exclusion had been owing, the Points of two short and slender Hairs appear'd protruding themselves from its oval Surface. The thicker butoblong Bodies, from whose Extremities these grew, next forc'd themselves out, and it was evident to a-'n accustom'd Eye, that they were (...) the Antennze of a two wing'd Fly; next presented themselves the anterior Surfaces of two chequeffd Orbs, which were plainly the complex Eyes of anlnsect' of the same Species, separated by a plain Portion of a Forehead; and soon after the whole Head. This was no sooner all in View, than it swell'd to a Diameter equal to twice the Measure of that of the Breast. lt might have appear'd from the first, that the Head was growing under the Eye of the Observer, from the Extremity of the Thorax, but tho' a more rational Enquiry could not but produce for its Answer, that it was only now thrust forth out of the Cavity of the Breast in which it had before been lodg'd; it yet appear'd singular after this sudden Change in Size to conceive how a Thing should have been till that Moment lodg'd in a Cavityz not equal to half its own Diameter. P a The The Head was now entire and in its Place, and the Legs were firm, and supported the Body well, but the Wings did not yet appear. On examining the Place where they were to be expacted, I discover'd two irregular Protuberances of a wrinkled Surface, and considerably large, and under them the two oblong Pedicies which we see supporting the Balls under the Wings of all the two wing'd Flies. It was evident from this, that the Protuberances at the two Sides of the Base of the Thorax were the very Wings in their folded State, and this was soon prov'd by their expanding. The Wings in all this Race of Creatures are the last Part... (shrink)

Heidegger is perhaps best known for stressing the function of time as temporality on the phenomena of life. There is a sense, however, in which the full significance of these insights can be best understood only through an exploration of the function of space as spatiality in the phenomena of life. At their juxtaposition, there is a privileged perspective on the meaning of life, and most importantly on what is the most meaningful life on the Heideggerian account, thephilosophical life. The (...) following short exploration uncovers this standpoint through an analysis of the word “clearing” as temporally expansive space. Through this device, there is a clear view of the role of philosophy, of truth, and of the meaning of life in Heidegger’s Being and Time. (shrink)