This article reviews recent developments in health care law, focusing on the engagement of law as a partner in health care innovation. The article addresses: the history and contents of recent United States federal law restricting the use of genetic information by insurers and employers; the recent federal policy recommending routine HIV testing; the recent revision of federal policy regarding the funding of human embryonic stem cell research; the history, current status, and need for future attention to advance directives; the (...) recent emergence of medical–legal partnerships and their benefits for patients; the obesity epidemic and its implications for the child’s right to health under international conventions. (shrink)

In this paper we shall consider whether John Rawls’s treatment of Ignatius of Loyola is a fair one. Rawls claims in A Theory of Justice that Catholic theology (and Ignatius’s theology in particular) aims at a “dominant end” of serving God that overrides other moral considerations. Rawls argues that dominant end views lead to a disfigured self and a disregard for justice. We do not question Rawls on the normative issue of whether dominant end conceptions are untenable, but rather on (...) his factual claim that Ignatian spirituality and Catholic theology in general presupposes a dominant end view as he defines it. The Loyola whom Rawls attacks in Theory of Justice is a straw-man. Ignatian spirituality and Catholic theology in general embraces something closer to an inclusive end view, since it argues that several different ways of virtuous living can lead to happiness. (shrink)

In this paper we shall consider whether John Rawls’s treatment of Ignatius of Loyola is a fair one. Rawls claims in A Theory of Justice that Catholic theology aims at a “dominant end” of serving God that overrides other moral considerations. Rawls argues that dominant end views lead to a disfigured self and a disregard for justice. We do not question Rawls on the normative issue of whether dominant end conceptions are untenable, but rather on his factual claim that Ignatian (...) spirituality and Catholic theology in general presupposes a dominant end view as he defines it. The Loyola whom Rawls attacks in Theory of Justice is a straw-man. Ignatian spirituality and Catholic theology in general embraces something closer to an inclusive end view, since it argues that several different ways of virtuous living can lead to happiness. (shrink)

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

This article reviews recent developments in health care law, focusing on the engagement of law as a partner in health care innovation. The article addresses: the history and contents of recent United States federal law restricting the use of genetic information by insurers and employers; the recent federal policy recommending routine HIV testing; the recent revision of federal policy regarding the funding of human embryonic stem cell research; the history, current status, and need for future attention to advance directives; the (...) recent emergence of medical–legal partnerships and their benefits for patients; the obesity epidemic and its implications for the child’s right to health under international conventions. (shrink)

"To some people, life is very simple . . . no shadings and grays, all blacks and whites. . . . Now, others of us find that good, bad, right, wrong, are many-sided, complex things. We try to see every side; but the more we see, the less sure we are." —Sir John Talbot, The Wolf Man (Universal Pictures, 1941).

At the age of 15 I began calling myself an atheist. It was bad timing because the next year, in English class, I read Waiting for Godot and plunged into a philosophical depression. This was not a clinical depression with thoughts of personal worthlessness and a yearning for death. It was, rather, the kind of funk that Woody Allen’s characters were so prone to in his early movies. For example, in Annie Hall, a flashback shows us a nine-year-old Allen-esque boy (...) being asked by a doctor why he is depressed. The boy’s response is that he had recently learned that the universe will expand forever and someday break apart. He saw no further point in doing homework, despite his mother’s protestations that Brooklyn was not expanding. After reading Godot, I felt the same way. If there was no God then my life, and all life, suddenly seemed to be as pointless as the lives of Vladimir and Estragon. Here, for example, is the quote I chose later that year to place under my picture in my high school yearbook: “Whosoever shall not fall by the sword or by famine, shall fall by pestilence, so why bother shaving?” The quote is from Woody Allen[1]. The next year I went to college. I was committed to figuring out the meaning of life and I thought that studying philosophy would help. I was disappointed. Philosophy addressed many fundamental questions of being and knowing, but the question “What is the meaning of life?” never came up. I assumed it was a badly formed question, and I moved on. I went to graduate school in psychology. If only I had been able to read Susan Wolf back then! She clarifies the question so elegantly, and she points to the means by which each of us can answer it for ourselves: go find something to love, something worthy of love, that you can link to and engage with in the right sort of way. It took me a while to do that, but I eventually did, as so many of us have, both by committing to people and by committing to my work. My remaining comments flow from that work, which ended up bringing me, by a roundabout route, back to the question of the meaning of life.. (shrink)

The phenomenon of apparently greater emphasis on human female physical attractiveness has spawned an array of explanatory responses, but the great majority can be broadly categorized as either evolutionary or social constructivist in nature. Both perspectives generate distinct and testable predictions. If, as Naomi Wolf (The beauty myth: How images of female beauty are used against women. New York: William Morrow, [originally published in 1991], 2002) and others have argued, greater emphasis on female attractiveness is part of a predominantly (...) Western “beauty myth,” then an analysis of a culturally diverse sample should reveal marked fluctuation in gendered attractiveness emphasis: there should be significant numbers of cultures in which male and female attractiveness are equally emphasized, and cultures in which male attractiveness receives more emphasis. On the other hand, an evolutionary perspective suggests that disproportionate emphasis on female attractiveness will be a universal or near-universal phenomenon. To test these hypotheses, we tallied references to male versus female attractiveness in 90 collections of traditional folktales from 13 diverse cultural areas. The results are consistent with the evolutionary predictions and inconsistent with the constructivist predictions. Across culture areas information on physical attractiveness was much more likely to be conveyed for female characters. Together with other recent studies, these results suggest that the main elements of the beauty myth are not myths: there are large areas of overlap in the attractiveness judgments of diverse populations, and cross-cultural emphasis on physical attractiveness appears to fall principally upon women. (shrink)

Aristotle's ethical theorizing contains resources for explaining what I call ‘ethical disability’. In theories such as Kant's and Mill's it is important that criteria of right action be accessible to anyone. Aristotle's moral psychology yields a plausible account of how they are not available to everyone. Unless a correct appreciation of good is part of the agent's second nature, the agent will not recognize ethical requirements, and will not have the resources to alter his judgments. Often, bad action is not (...) a matter of agents' flouting or violating criteria of right action that they recognize, but is a matter of agents' regarding as choiceworthy things that are in fact no good, and the agents are unable to appreciate this because of their vices. However, on the Aristotelian view, this is not a condition that diminishes responsibility, because of how voluntariness is interpreted. Some of the views of Susan Wolf and Bernard Williams are discussed in the development of this view of the moral landscape. (shrink)

There are aspects of privacy theory that are analogous to quantum theory. In particular one can define distillable key and key cost in parallel to distillable entanglement and entanglement cost. We present here classical privacy theory as a particular case of information theory with adversaries, where similar general laws hold as in entanglement theory. We place the result of Renner and Wolf—that intrinsic information is lower bound for key cost—into this general formalism. Then we show that the question of (...) whether intrinsic information is equal to key cost is equivalent to the question of whether Alice and Bob can create a distribution product with Eve using I M bits of secret key. We also propose a natural analogue of relative entropy of entanglement in privacy theory and show that it is equal to the intrinsic information. We also provide a formula analogous to the entanglement of formation for classical distributions. (shrink)

Jonathan Y. Tsou examines and defends positions on central issues in philosophy of psychiatry. The positions defended assume a naturalistic and realist perspective and are framed against skeptical perspectives on biological psychiatry. Issues addressed include the reality of mental disorders; mechanistic and disease explanations of abnormal behavior; definitions of mental disorder; natural and artificial kinds in psychiatry; biological essentialism and the projectability of psychiatric categories; looping effects and the stability of mental disorders; psychiatric classification; and the validity of the (...) DSM's diagnostic categories. The main argument defended by Tsou is that genuine mental disorders are biological kinds with harmful effects. This argument opposes the dogma that mental disorders are necessarily diseases that result from biological dysfunction. Tsou contends that the broader ideal of biological kinds offers a more promising and empirically ascertainable naturalistic standard for assessing the reality of mental disorders and the validity of psychiatric categories. (shrink)

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

This article gives an overview of some recent debates about the relationship between reasons and rational requirements of coherence - e.g. the requirements to be consistent in our beliefs and intentions, and to intend what we take to be the necessary means to our ends.

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

Much discussion about experimental philosophy and philosophical methodology has been framed in terms of the reliability of intuitions, and even when it has not been about reliability per se, it has been focused on whether intuitions meet whatever conditions they need to meet to be trustworthy as evidence. But really that question cannot be answered independently from the questions, evidence for what theories arrived at by what sorts of inferences? I will contend here that not just philosophy's sources of evidence, (...) but also its inferential resources, are in great need of closer examination. (shrink)

Serena Olsaretti brings together new essays by leading moral and political philosophers on the nature of desert and justice, their relations with each other and with other values.

The revised edition of this highly successful text provides a clear and accessible introduction to some of the most important questions of political philosophy. Organized around major issues, Wolff provides the structure that beginners need, while also introducing some distinctive ideas of his own.

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

The fall of the Berlin Wall had enormous symbolic resonance, marking the collapse of Marxist politics and economics. Indeed, Marxist regimes have failed miserably, and with them, it seems, all reason to take the writings of Karl Marx seriously. Jonathan Wolff argues that if we detach Marx the critic of current society from Marx the prophet of some never-to-be-realized worker's paradise, he remains the most impressive critic we have of liberal, capitalist, bourgeois society. The author shows how Marx's main (...) ideas still shed light on wider concerns about culture and society and he guides the reader through Marx's notoriously difficult writings. Wolff also argues that the value of a great thinker does not depend on his or her views being true, but on other features such as originality, insight, and systematic vision. From this perspective, Marx still richly deserves to be read. Why Read Marx Today? reinstates Marx as an important critic of current society, and not just a figure of historical interest. (shrink)

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

This analysis investigates whether solidarity is an appropriate concept for thinking about justifications for a just distribution of bioethical goods in the international arena. This will be explored by looking at the national origins of the idea of justifying solidarity in the form of the health care that welfare states offer. Following that, ‘life’ and ‘health’ will be placed within a philosophical context by focusing on the main arguments of John Rawls and Amartya Sen and the role of solidarity in (...) these two theories of justice will be analysed. It will be shown that these theories assume that solidarity is not a prerequisite for just international structures. Finally, the possibility will be discussed, that there is a degree of uncertainty surrounding justifications for fair distribution in the international context that can result when the concepts of solidarity and justice are handled imprecisely. (shrink)

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

This chapter discusses the analysis of Joseph Raz on coercion, trust, and citizenship. The chapter starts with a number of brief comments on some of his observations regarding the doctrine of liberty and the preference for minimum government. The chapter also includes one of Raz's arguments that states that some people favour non-perfectionist forms of government out of a misunderstanding of the implications of perfectionism for liberty.

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

Part of the draw of athletics is its straightforwardness. There are nuances to competitions to make them more sporting contests, but at the end of a long jump competition whomever records the longest jump should win. Unfortunately, a recent rule-change at the highest level of the sport – the “Final 3” format – undermined this simplicity for the horizontal jumps and the throws for some of the 2020 and much of the 2021 seasons. While fortunately this rule was largely reverted (...) within days of the initial submission of this paper, it’s still valuable to critically evaluate why such a rule is problematic so as to better understand of the value of sporting competitions and give guidance on future rule changes, be they in athletics or other sports. To that end, we will be drawing from the literature on the purpose and value of competitions and coupling that with simulations based on data from actual top-tier long jump competitions to show that the Final 3 format makes for significantly worse competitions than the standard format. (shrink)

This book evaluates the consequences of economic, social, environmental and cultural change on people living and working within Teesside in the North-East of England. It assesses the lived experiences, working lives, health and cultural perspectives of residents and key stakeholders in the wake of serious de-industralisation in the region. The narrative is embedded within the long-term industrial history of Stockton: an area once dominated by steel, coal and chemical industries. This past still continues to shape its future and influences the (...) ways in which that future is conceived and envisioned. The author explores a 'biography of place' analytical framework to offer a holistic view of the area, which considers the interaction between the social, economic, cultural, visual and environmental legacy of the community, which is firmly grounded in the past, present and future prospects of those who live and work there. (shrink)

In the opening lines of ‘Black Orpheus’, written as a preface to an anthology of negritude poetry, Sartre challenges white readers ‘to feel, as I do, the shock of being seen’. Reading this poetry, he thinks, should undermine white people’s presumption of the objectivity of their perspective. Accordingly, the essay itself contradicts two prominent aspects of the philosophy he had so far developed: the idea that poetry could not be politically engaged; and the theory of radical freedom. These changes are (...) ultimately rooted in his realisation, upon reading this poetry, that his previous understanding of prose is mistaken. This has the consequence that his philosophical method, which derives ontological conclusions from prose descriptions of experience, has two important limitations: its premises cannot be drawn solely from his own experience; and French prose might be insufficient for formulating all relevant premises. He therefore revises his method to deploy this poetry as phenomenological grounds for ontological conclusions, which transforms his ontology of human existence to include cultural inheritance as a primary feature. We will see how this reading of negritude poetry exemplifies both the epistemic challenge involved in what he calls ‘the look’ and the use of listening in response to it. (shrink)

We develop and apply a multi-dimensional conception of explanatory depth towards a comparative analysis of inflationary and bouncing paradigms in primordial cosmology. Our analysis builds on earlier work due to Azhar and Loeb (2021) that establishes initial condition fine-tuning as a dimension of explanatory depth relevant to debates in contemporary cosmology. We propose dynamical fine-tuning and autonomy as two further dimensions of depth in the context of problems with instability and trans-Planckian modes that afflict bouncing and inflationary approaches respectively. In (...) the context of the latter issue, we argue that the recently formulated trans-Planckian censorship conjecture leads to a trade-off for inflationary models between dynamical fine-tuning and autonomy. We conclude with the suggestion that explanatory preference with regard to the different dimensions of depth is best understood in terms of differing attitudes towards heuristics for future model building. (shrink)