Arguing that journalism's traditional tenets--objectivity, fairness, accuracy--are no longer sufficient guidelines, journalist Jeremy Iggers challenges the dogmas that have shaped journalism for the last 100 years. He calls for a new code of ethics and a reexamination of the role of the news media in society.

Doug McGill published several articles about the massacre of 425 members of the Anuak tribe by the Ethiopian military in 2003 and 2004 on his Web site, The McGill Report. The mainstream news media ignored it. McGill's narrative demonstrates the impact of his reporting on the Anuak community worldwide, its impact on several beneficiary groups in the United States, and the lack of interest by the mainstream news media that failed to fulfill journalism's primary purpose. Two responses follow McGill's narrative. (...) Jeremy Iggers examines the social and economic realities that make it difficult for journalists to fulfill their primary purpose. He suggests that partnerships between journalists and engaged citizens may provide a new model for journalism. Andrew Cline examines the rhetorical and ethical nature of the journalistic transaction between journalist and audience. Who counts as a journalist arises from the experiences of an audience that uses a journalist's work as a civically important text. (shrink)

A challenge of performing research in the paediatric emergency and acute care setting is obtaining valid prospective informed consent from parents. The ethical issues are complex, and it is important to consider the perspective of participants, health care workers and researchers on research without prospective informed consent while planning this type of research. We performed a systematic review according to PRISMA guidelines, of empirical evidence relating to the process, experiences and acceptability of alternatives to prospective informed consent, in the paediatric (...) emergency or acute care setting. Major medical databases and grey sources were searched and results were screened and assessed against eligibility criteria by 2 authors, and full text articles of relevant studies obtained. Data were extracted onto data collection forms and imported into data management software for analysis. Thirteen studies were included in the review consisting of nine full text articles and four abstracts. Given the heterogeneity of the methods, results could not be quantitatively combined for meta-analysis, and qualitative results are presented in narrative form, according to themes identified from the data. Major themes include capacity of parents to provide informed consent, feasibility of informed consent, support for alternatives to informed consent, process issues, modified consent process, child death, and community consultation. Our review demonstrated that children, their families, and health care staff recognise the requirement for research without prior consent, and are generally supportive of enrolling children in such research with the provisions of limiting risk, and informing parents as soon as possible. Australian data and perspectives of children are lacking and represent important knowledge gaps. (shrink)

It now seems technically feasible to culture human embryos beyond the “fourteen‐day limit,” which has the potential to increase scientific understanding of human development and perhaps improve infertility treatments. The fourteen‐day limit was adopted as a compromise but subsequently has been considered an ethical line. Does it remain relevant in light of technological advances permitting embryo maturation beyond it? Should it be changed and, if so, how and why? What justifications would be necessary to expand the limit, particularly given that (...) doing so would violate some people's moral commitments regarding human embryos? Robust stakeholder engagement preceded adoption of the fourteen‐day limit and should arguably be part of efforts to reassess it. Such engagement could also consider the need for enhanced oversight of human embryo research. In the meantime, developing and implementing reliable oversight systems should help foster high‐quality research and public confidence in it. (shrink)

It now seems technically feasible to culture human embryos beyond the “fourteen‐day limit,” which has the potential to increase scientific understanding of human development and perhaps improve infertility treatments. The fourteen‐day limit was adopted as a compromise but subsequently has been considered an ethical line. Does it remain relevant in light of technological advances permitting embryo maturation beyond it? Should it be changed and, if so, how and why? What justifications would be necessary to expand the limit, particularly given that (...) doing so would violate some people's moral commitments regarding human embryos? Robust stakeholder engagement preceded adoption of the fourteen‐day limit and should arguably be part of efforts to reassess it. Such engagement could also consider the need for enhanced oversight of human embryo research. In the meantime, developing and implementing reliable oversight systems should help foster high‐quality research and public confidence in it. (shrink)

Since its founding in the nineteenth century, social anthropology has been seen as the study of exotic peoples in faraway places. But today more and more anthropologists are dedicating themselves not just to observing but to understanding and helping solve social problems wherever they occur--in international aid organizations, British TV studios, American hospitals, or racist enclaves in Eastern Europe, for example. In Exotic No More , an initiative of the Royal Anthropological Institute, some of today's most respected anthropologists demonstrate, in (...) clear, unpretentious prose, the tremendous contributions that anthropology can make to contemporary society. They cover issues ranging from fundamentalism to forced migration, child labor to crack dealing, human rights to hunger, ethnicity to environmentalism, intellectual property rights to international capitalisms. But Exotic No More is more than a litany of gloom and doom the essays also explore topics usually associated with leisure or "high" culture, including the media, visual arts, tourism, and music. Each author uses specific examples from their fieldwork to illustrate their discussions, and 62 photographs enliven the text. Throughout the book, the contributors highlight anthropology's commitment to taking people seriously on their own terms, paying close attention to what they are saying and doing, and trying to understand how they see the world and why. Sometimes this bottom-up perspective makes the strange familiar, but it can also make the familiar strange, exposing the cultural basis of seemingly "natural" behaviors and challenging us to rethink some of our most cherished ideas--about gender, "free" markets, "race," and "refugees," among many others. Contributors: William O. Beeman Philippe Bourgois John Chernoff E. Valentine Daniel Alex de Waal Judith Ennew James Fairhead Sarah Franklin Michael Gilsenan Faye Ginsburg Alma Gottlieb Christopher Hann Faye V. Harrison Richard Jenkins Melissa Leach Margaret Lock Jeremy MacClancy Jonathan Mazower Ellen Messer A. David Napier Nancy Scheper-Hughes Jane Schneider Parker Shipton Christopher B. Steiner. (shrink)

What draws us to the beauty of a peacock, the flight of an eagle, or the song of a nightingale? Why are birds so significant in our lives and our sense of the world? And what do our ways of thinking about and experiencing birds tell us about ourselves? Birdscapes is a unique meditation on the variety of human responses to birds, from antiquity to today, and from casual observers to the globe-trotting "twitchers" who sometimes risk life, limb, and marriages (...) simply to add new species to their "life lists." Drawing extensively on literature, history, philosophy, and science, Jeremy Mynott puts his own experiences as a birdwatcher in a rich cultural context. His sources range from the familiar--Thoreau, Keats, Darwin, and Audubon--to the unexpected--Benjamin Franklin, Giacomo Puccini, Oscar Wilde, and Monty Python. Just as unusual are the extensive illustrations, which explore our perceptions and representations of birds through images such as national emblems, women's hats, professional sports logos, and a Christmas biscuit tin, as well as classics of bird art. Each chapter takes up a new theme--from rarity, beauty, and sound to conservation, naming, and symbolism--and is set in a new place, as Mynott travels from his "home patch" in Suffolk, England, to his "away patch" in New York City's Central Park, as well as to Russia, Australia, and Greece. Conversational, playful, and witty, Birdscapes gently leads us to reflect on large questions about our relation to birds and the natural world. It encourages birders to see their pursuits in a broader human context--and it shows nonbirders what they may be missing. (shrink)

What draws us to the beauty of a peacock, the flight of an eagle, or the song of a nightingale? Why are birds so significant in our lives and our sense of the world? And what do our ways of thinking about and experiencing birds tell us about ourselves? Birdscapes is a unique meditation on the variety of human responses to birds, from antiquity to today, and from casual observers to the globe-trotting "twitchers" who sometimes risk life, limb, and marriages (...) simply to add new species to their "life lists." Drawing extensively on literature, history, philosophy, and science, Jeremy Mynott puts his own experiences as a birdwatcher in a rich cultural context. His sources range from the familiar--Thoreau, Keats, Darwin, and Audubon--to the unexpected--Benjamin Franklin, Giacomo Puccini, Oscar Wilde, and Monty Python. Just as unusual are the extensive illustrations, which explore our perceptions and representations of birds through images such as national emblems, women's hats, professional sports logos, and a Christmas biscuit tin, as well as classics of bird art. Each chapter takes up a new theme--from rarity, beauty, and sound to conservation, naming, and symbolism--and is set in a new place, as Mynott travels from his "home patch" in Suffolk, England, to his "away patch" in New York City's Central Park, as well as to Russia, Australia, and Greece. Conversational, playful, and witty, Birdscapes gently leads us to reflect on large questions about our relation to birds and the natural world. It encourages birders to see their pursuits in a broader human context--and it shows nonbirders what they may be missing. (shrink)

Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 117 Undoubtedly Heidegger's detractors will find in this essay the hallmarks of what they abhor: forced interpretations, dubious etymologies, and overblown claims. Heidegger's followers, on the other hand, will maintain that this essay further enhances his already sure reputation as the most profound and original metaphysician of our time. Those less committed one way or the other will at least find Heidegger's latest dialogue with his philosophical (...) forebears provocative and stimulating. PETER Fuss University o/California,Riverside Jeremy Bentham: An Odyssey of Ideas. By Mary P. Mack. (New York: Columbia University Press, 1963. Pp. xiii + 482. $7.50.) Since this is only the first of two projected volumes about Bentham, only an interim report will be possible. The study extends from its subject's birth in 1748 to the death of his father in 1792, when the 44-year-old thinker, on the way to becoming a radical democrat at the height of the French Revolution, found himself endowed with half of the fortune which had supported his father's crusty Toryism. Consequently, it is a story of rebellion and partial escape from the ancestral world of law in the direction of the promises of the new science, culminating in a career devoted to an almost incredible variety of reforms. That Bentham deserves this "first full-scale study of his thought and times in over sixty years" can hardly be doubted in view of the many part-views and caricatures which he brought upon himself by his many elderly eccentricities. This biographer sees him frankly as "one of the most subtle and powerful analytic minds in the history of Western civilization... a great man who has often been misunderstood and therefore undervalued" (pp. xi, 5). She proposes to remedy the situation by the adoption of a fresh perspective that will enable the reader to "see him whole." That admirable resolution faces formidable obstacles, as every student of Bentham knows. It is about like attempting to map a vast, swampy wilderness from an airplane. For Bentham's "odyssey of ideas" was a true wandering among a profusion of them, beginning and abandoning one project after another in a troubled period of change. The dilemma faced by the author is a cruel one: to give an authentic account of Bentham historically she must reproduce the chaotic carelessness of much of his philosophizing ; while to seek to rear a consistent philosophical system from the sketches to be found in the great masses of his wordage, often mingled and mangled by the glosses of disciples, is to lose touch with the man. In Bentham we are dealing with a writer who was always communicating and frequently talking about communication without ever having mastered the art of cumulative philosophical argument. He was more intent upon being fertile than upon being consistent. His mind kept on growing for decades, which meant that he was constantly outgrowing his earlier interests and insights. His eager and all-devouring curiosity became a veritable seed-bed of suggestions from which sprouted an unmatched array of proposals of specific reforms. Yet the story of his many projects resembles that of another seminal contemporary, Henri de Saint-Simon. The perpetual mobility of intellect which marked them both is summed up in Mary Mack's reiterated comment: "Once again Bentham ran from a good thing to a better, and left only fragments behind him" (p. 417). The philosophical underpinning of his doctrines was never quite complete. As Benjamin Franklin once said of himself in the 118 HISTORY OF PHILOSOPHY role of scientist, Bentham was a good "starter of game" for the guns of others to bring down. As portrayed with accuracy in this study, Bentham became in time an intensely pragmatic thinker, passionately desirous not only of showing the directions which reforms ought to take but also of bringing them to pass. He searched incessantly for the right audience, that is, the one with the power to improve the world according to his enlightened ideas. He began by appealing to the elite, and then turned in disgust to the people. His score as a practical reformer amounted to one long series of rebuffs, transformed after his death into... (shrink)

Political theorist Jeremy Waldron makes a bracing case against identifying rule of law with predictability. Seeing the rule of law as just one value to which democracies aspire, he embraces thoughtfulness rather than rote rule-following, flexibility even at the cost of vagueness, and emphasizing procedure and argument over predictable outcomes.

This volume collects two lectures by Jeremy Waldron that were originally given as Berkeley Tanner Lectures along with responses to the lectures from Wai Chee Dimock, Don Herzog, and Michael Rosen; a reply to the responses by Waldron; and an introduction by Meir Dan-Cohen.

Recent discussions of emergence in physics have focussed on the use of limiting relations, and often particularly on singular or asymptotic limits. We discuss a putative example of emergence that does not fit into this narrative: the case of phonons. These quasi-particles have some claim to be emergent, not least because the way in which they relate to the underlying crystal is almost precisely analogous to the way in which quantum particles relate to the underlying quantum field theory. But there (...) is no need to take a limit when moving from a crystal lattice based description to the phonon description. Not only does this demonstrate that we can have emergence without limits, but also provides a way of understanding cases that do involve limits. (shrink)

This indispensible collection brings together feminist theory and cultural studies, looking at issues such as pop culture and the media, science and technology, ...

A broad perspective on historical thought and writing, with a new epilogue.

How is what we believe related to how we act? That depends on what we mean by ‘believe’. On the one hand, there is what we're sure of: what our names are, where we were born, whether we are sitting in front of a screen. Surety, in this sense, is not uncommon — it does not imply Cartesian absolute certainty, from which no possible course of experience could dislodge us. But there are many things that we think that we are (...) not sure of. For example, you might think that it will rain sometime this month, but not be sure that it will. Both what we're sure of and what we think have important normative connections to action. But the connections are quite different. This paper explores these issues with respect to assertion, inquiry, and decision making. We conclude by arguing that there is no theoretically significant notion of ‘full belief’ intermediate in strength between thinking and being sure. (shrink)

Consider the sentence “Lois knows that Superman flies, but she doesn’t know that Clark flies”. In this paper we defend a Millian contextualist semantics for propositional attitude ascriptions, according to which ordinary uses of this sentence are true but involve a mid-sentence shift in context. Absent any constraints on the relevant parameters of context sensitivity, such a semantics would be untenable: it would undermine the good standing of systematic theorizing about the propositional attitudes, trivializing many of the central questions of (...) epistemology, the philosophy of mind, and the philosophy of action. In response to this problem, we prove a series of tenability results. We show that, given certain constraints on the parameters of context sensitivity, there is a broad class of principles of propositional attitude psychology whose good standing follows from corresponding claims about people’s mental representations. But these constraints also have some surprising consequences: they are jointly incompatible with coarse-grained theories of propositions, and they are in tension with a natural picture of how speakers and hearers coordinate on the interpretation of attitude ascriptions. In light of these consequences we explore different ways in which the contextualist picture might be developed, and argue that our preferred way compares favorably with Fregeanism and neo-Russellianism. (shrink)

The new critical edition of the works and correspondence of Jeremy Bentham is being prepared and published under the supervision of the Bentham Committee of University College London. In spite of his importance as jurist, philosopher, and social scientist, and leader of the Utilitarian reformers, the only previous edition of his works was a poorly edited and incomplete one brought out within a decade or so of his death. Eight volumes of the new Collected Works, five of correspondence, and (...) three of writings on jurisprudence, appeared between 1968 and 1981, published by the Athlone Press. Further volumes in the series since then are published by Oxford University Press. The overall plan and principles of the edition are set out in the General Preface to The Correspondence of Jeremy Bentham, vol. 1, which was the first volume of the Collected Works to be published.An Introduction to the Principles of Morals and Legislation, Jeremy Bentham's best-known work, is a classic text in modern philosophy and jurisprudence. First published in 1789, it contains the important statement of the foundations of utilitarian philosophy and a pioneering study of crime and punishment, both of which remain at the heart of contemporary debates in moral and political philosophy, economics, and legal theory. Printed here in full is the definitive edition, edited by the distinguished scholars J. H. Burns and H. L. A. Hart. An introductory essay by Hart, first published in 1982 and a widely acknowledged classic in its own right, is reprinted here. It contains an important analysis of Bentham's principle of utility, theory of action, and an account of the relationship between law and morality.A new introduction by the leading Bentham scholar F. Rosen, specially written for this Clarendon Paperback edition, provides students with a helpful survey of Bentham's main ideas and an extensive bibliographical study of recent critical work on Bentham. Professor Rosen's essay also contains a new analysis of the principle of utility in Bentham's philosophy which is compared with its use in Hume and J. S. Mill. (shrink)

Dorr et al. present a case that poses a challenge for a number of plausible principles about knowledge and objective chance. Implicit in their discussion is an interesting new argument against KK, the principle that anyone who knows p is in a position to know that they know p. We bring out this argument, and investigate possible responses for defenders of KK, establishing new connections between KK and various knowledge-chance principles.

When should you engage with difficult arguments against your cherished controversial beliefs? The primary conclusion of this book is that your obligations to engage with counterarguments are more limited than is often thought. In some standard situations, you shouldn't engage with difficult counterarguments and, if you do, you shouldn't engage with them open-mindedly. This conclusion runs counter to aspects of the Millian political tradition and political liberalism, as well as what people working in informal logic tend to say about argumentation. (...) -/- Not all misleading arguments wear their flaws on their sleeve. Each step of a misleading argument might seem compelling and you might not be able to figure out what's wrong with it. Still, even if you can't figure out what's wrong with an argument, you can know that it's misleading. One way to know that an argument is misleading is, counterintuitively, to lack expertise in the methods and evidence-types employed by the argument. When you know that a counterargument is misleading, you shouldn't engage with it open-mindedly and sometimes shouldn't engage with it at all. You shouldn't engage open-mindedly because you shouldn't be willing to reduce your confidence in response to arguments you know are misleading. And you sometimes shouldn't engage closed-mindedly, because to do so can be manipulative or ineffective. -/- In making this case, Jeremy Fantl discusses echo chambers and group polarization, the importance in academic writing of a sympathetic case for the opposition, the epistemology of disagreement, the account of open-mindedness, and invitations to problematic academic speakers. (shrink)

In this paper, we offer a brief, critical survey of contemporary work on truth. We begin by reflecting on the distinction between substantivist and deflationary truth theories. We then turn to three new kinds of truth theory—Kevin Scharp's replacement theory, John MacFarlane's relativism, and the alethic pluralism pioneered by Michael Lynch and Crispin Wright. We argue that despite their considerable differences, these theories exhibit a common "pluralizing tendency" with respect to truth. In the final section, we look at the underinvestigated (...) interface between metaphysical and formal truth theories, pointing to several promising questions that arise here. (shrink)

Functionalism about truth, or alethic functionalism, is one of our most promising approaches to the study of truth. In this chapter, I chart a course for functionalist inquiry that centrally involves the empirical study of ordinary thought about truth. In doing so, I review some existing empirical data on the ways in which we think about truth and offer suggestions for future work on this issue. I also argue that some of our data lend support to two kinds of pluralism (...) regarding ordinary thought about truth. These pluralist views, as I show, can be straightforwardly integrated into the broader functionalist framework. The main result of this integration is that some unexplored metaphysical views about truth become visible. To close the chapter, I briefly respond to one of the most serious objections to functionalism, due to Cory Wright. (shrink)

The identity predicate can be defined using second-order quantification: a=b =df ∀F(Fa↔Fb). Less familiarly, a dyadic sentential operator analogous to the identity predicate can be defined using third-order quantification: ϕ≡ψ =df ∀X(Xϕ↔Xψ), where X is a variable of the same syntactic type as a monadic sentential operator. With this notion in view, it is natural to ask after general principles governing its application. More grandiosely, how fine-grained is reality? -/- I will argue that reality is not structured in anything like (...) the way that the sentences we use to talk about it are structured. I do so by formulating a higher-order analogue of Russell’s paradox of structured propositions. I then relate this argument to the Frege-Russell correspondence. When confronted with the alleged paradox, Frege agreed that reality was not structured, but maintained that propositions (i.e. thoughts) were structured all the same. Russell replied that his paradox showed Frege’s theory of structured thoughts to be inconsistent, to which Frege replied that Russell’s argument failed to heed the distinction between sense and reference. Most recent commentators have sided with Russell. In defense of Frege, I establish the consistency of one version of his rejoinder. I then consider and reject some ways of resisting the argument against a structured conception of reality. I conclude that, if propositions are structured, this is because they correspond not to distinctions in reality, but rather to ways in which those distinctions can be represented. (shrink)

This is a three-part study and defense of the idea of basic human equality. (This is the idea that humans are basically one another's equals, as opposed to more derivative theories of the dimensions in which we ought to be equal or the particular implications that equality might have for public policy.) Part (1) of the paper examines the very idea of basic equality and it tries to elucidate it by considering what an opponent of basic human equality (e.g. a (...) philosophical racist) might hold. It explores the idea of there being no morally significant fundamental divisions among humans (of the kind that some people insist on as between humans and others animals). Part (2) considers whether basic human equality must be based on some descriptive similarity among us (naturalistic or metaphysical); it considers the positions of a number of thinkers who have denied this. Part (3) considers John Rawls's conception of basic equality in terms of range properties. (Being in Ohio is a range property; Columbus and Cincinnati are both equally in Ohio even though even though Columbus is in the center of the state, while Cincinnati is just over the river from Kentucky.) It explores the application of this Rawlsian idea to the descriptive properties that might be thought relevant to human equality. This three part paper is a rather technical philosophical exploration. And it is just a beginning; we need much more work on the idea of basic equality. Some of the energy that has gone into discussions of equality as a policy aim (e.g. in the Dworkin/Sen literature or in the literature surrounding Rawls's Difference Principle) needs to be devoted to this more fundamental conception. (shrink)

Jeremy Waldron is one of the world's leading legal and political philosophers. This collection brings together thirteen of his most recent essays which, in the course of working the book up for publication, the author has revisited and thoroughly revised. He addresses central issues within the liberal tradition, focusing on the law and its role in a pluralistic state which experiences deep disagreements about values and rights, and about the role of the state itself.

It is shown that stochastic observables defined by an instrument need not, and generally do not, commute.

st of these lectures, I present a conception of dignity that preserves its ancient association with rank and station, and a conception of human dignity that amounts to a generalization of high status across all human beings. The lectures argue that this provides a better understanding of human dignity and of the work it does in theories of rights than the better-known Kantian conception. The second lecture focuses particularly on the importance of dignity - understood in this way - as (...) a status defining a person's relation to law: their presentation as persons capable of self-applying the law, capable of presenting and arguing a point of view, and capable of responding to law's demands without brute coercion. Together the two lectures also illuminate the relation between dignity conceived as the ground of rights and dignity conceived as the content of rights; they also illuminate important ideas about dignity as noble bearing and dignity as the subject of a right against degrading treatment; and they help us understand the sense in which dignity is better conceived as a status than as a kind of value. (shrink)

A predominant ethical view holds that physician‐investigators should conduct their research with therapeutic intent. And since a physician offering a therapy wouldn't prescribe second‐rate treatments, the experimental intervention and the best proven therapy should appear equally effective. "Clinical equipoise" is necessary. But this perspective is flawed. The ethics of research and of therapy are fundamentally different, and clinical equipoise should be abandoned.

Principles of legislation.--Principles of the civil code.--Principles of the penal code.

Plato is often acknowledged as the first philosophical critic of democracy and his Republic is regularly taken as a paradigm of an anti-democratic work. While it is true that Plato objected to much about the democracy of his own time, Plato’s political theorizing also reveals an interest in improving democratic institutions. This chapter explores three themes in Plato’s thinking about democracy: firstly, Plato's insistence that rulers should be knowledgeable and his claim that most people are politically incompetent (§1); secondly, Plato's (...) criticisms of oratory and the corrupting effects of public rhetoric (§2); thirdly, Plato's use of democratic institutions in the Laws (§3). Once we appreciate these different evaluations of democratic practices, we can see that Plato was not simply ‘anti-democratic’ or ‘pro-democratic’ but thought some democratic practices should be abandoned, some reformed, and some adopted. (shrink)

The contractarian theory elaborated by John Rawls in A Theory of Justice exploits the difference principle in a great many ways. Rawls argues that, when used as part of a set of guiding principles for structuring the basic institutions of society, it simplifies the problem of interpersonal comparisons (91-4)1, helps compensate for the arbitrariness of natural endowments (101-3), promotes a harmony of interests between citizens (104-5), reintroduces the principle of fraternity to democratic society (105-6), and, what is critical to his (...) contractarian theory, it is an essential part of the principles of justice which would be chosen by free, equal, and rational persons in the original position. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Incoherence of Determining Death by Neurological Criteria: A Commentary on Controversies in the Determination of Death, A White Paper by the President’s Council on Bioethics*Franklin G. Miller** (bio) and Robert D. Truog (bio)Traditionally the cessation of breathing and heart beat has marked the passage from life to death. Shortly after death was determined, the body became a cold corpse, suitable for burial or cremation. Two technological changes (...) in the second half of the twentieth century prompted calls for a new, or at least expanded, definition of death: the development of intensive care medicine, especially the use of mechanical ventilators, and the advent of successful transplantation of vital organs. Patients with profound neurological damage, leaving them incapable of breathing on their own and in an irreversible coma, could be maintained for some period of time with the aid of mechanical ventilation. The situation of these patients posed two ethical questions. Is it appropriate to stop life-sustaining treatment? If so, is it acceptable to retrieve vital organs for transplantation to save the lives of others before stopping treatment?In 1968, the Ad Hoc Committee of the Harvard Medical School to Examine the Definition of Brain Death proposed that death could be determined on the basis of neurological criteria, thus providing a positive answer to these two questions (Ad Hoc Committee 1968). According to the position of this committee, patients diagnosed with the cessation of brain function are dead, despite the fact that they breathe and circulate blood with the aid of mechanical ventilation. [End Page 185] Because they are dead, it is appropriate, indeed imperative, to stop mechanical ventilation. And because they are dead, it becomes ethical to procure vital organs for transplantation before stopping what otherwise would be life-sustaining treatment. Remarkably, this innovative neurological determination of death became, with little debate or controversy, the established position in medical ethics and the law throughout the United States.The Harvard Committee articulated the diagnosis of “irreversible coma,” but merely asserted that this condition constituted death. No explanatory rationale was provided. It fell to the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research to provide an authoritative rationale in its 1981 report, Defining Death. The second paragraph of the report set the stage as follows: “The question addressed here is not inherently difficult or complicated. Simply, it is whether the law ought to recognize new means for establishing that the death of a human being has occurred” (President’s Commission 1981, p. 3). The Commission claimed that “death is a unitary phenomenon” (p. 7) and that the determination of death by neurological criteria, in terms of the absence of all brain function, is consistent with the traditional conception of death as the cessation of vital functioning of the organism as a whole. The key issue is the integrative functioning of the human organism, which ceases to exist, according to the Commission, when the whole brain, including higher cortical areas and the brain stem, fails to function. Although “brain-dead” patients do not appear to be dead—i.e., the reality of their death is “masked” by the activity of mechanical ventilation—the patient’s body has irreversibly lost all capacity for integrative functioning. In the words of the Commission: “When artificial means of support mask this loss of integration as measured by the old methods [cessation of respiration and heart beat], brain-oriented criteria and tests provide a new window on the same phenomenon” (p. 33). The President’s Commission was instrumental in developing and establishing “The Uniform Definition of Death Act”: “An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead” (p. 2).Although the question posed by the President’s Commission was easy to articulate, the answer, over time, has proved complicated and controversial. The coherence and cogency of determining death by neurological criteria has been challenged. Various experts have demonstrated that “brain-dead” patients maintained on mechanical ventilation display a range of vital, integrative, functioning, which conflicts with the judgment that they are dead (Truog and... (shrink)