The design studio and the associated design review can be regarded as the signature pedagogy of architectural education, where students garner the essence of what it means to be an architect. Here,...

In one form or another an elevated, pleasure-transcending view of love is common, we might say natural. For readers of Latin poetry Catullus is perhaps the most impressive spokesman. In many respects, of course, Catullus is special. His particular values and choice of terminology, in his time and situation, mark him out from his crowd; in the Roman world indeed, ‘whole love’, perhaps rather its utterance, is hard to document before him. But a belief that love is powerful and (...) profound, an important if not the most important thing in life, this is not a rarity. Roman tombstones attest to love and devotion, and myths inherited from Greece enshrine love's power, endurance, and transcendence. (shrink)

In one form or another an elevated, pleasure-transcending view of love is common, we might say natural. For readers of Latin poetry Catullus is perhaps the most impressive spokesman. In many respects, of course, Catullus is special. His particular values and choice of terminology, in his time and situation, mark him out from his crowd; in the Roman world indeed, ‘whole love’, perhaps rather its utterance, is hard to document before him. But a belief that love is powerful and (...) profound, an important if not the most important thing in life, this is not a rarity. Roman tombstones attest to love and devotion, and myths inherited from Greece enshrine love's power, endurance, and transcendence. (shrink)

If stem cell-based therapies are developed, we will likely confront a difficult problem of justice: for biological reasons alone, the new therapies might benefit only a limited range of patients. In fact, they might benefit primarily white Americans, thereby exacerbating long-standing differences in health and health care.

This book is a collection of secondary essays on America's most important philosophic thinkers—statesmen, judges, writers, educators, and activists—from the colonial period to the present. Each essay is a comprehensive introduction to the thought of a noted American on the fundamental meaning of the American regime.

This book taps the best American thinkers to answer the essential American question: How do we sustain our experiment in government of, by, and for the people? Authored by an extraordinary and politically diverse roster of public officials, scholars, and educators, these chapters describe our nation's civic education problem, assess its causes, offer an agenda for reform, and explain the high stakes at risk if we fail.

This collection of new essays on the systematic thought and intellectual legacy of the American philosopher Wilfrid Sellars (1912–1989) comes at a time when Sellars’s influence on contemporary debates about mind, meaning, knowledge, and metaphysics has never been greater. Sellars was among the most important philosophers of the twentieth century, and many of his central ideas have become philosophical stock-in-trade: for example, his conceptions of the ‘myth of the given’, the ‘logical space of reasons’, and the ‘clash’ between the ‘manifest (...) and scientific images of man-in-the-world’. This volume of well-known contemporary philosophers who have been strongly influenced by Sellars – Robert Brandom, Willem deVries, Robert Kraut, Rebecca Kukla, Mark Lance, John McDowell, Ruth Millikan, James O’Shea, David Rosenthal, Johanna Seibt, and Michael Williams – critically examines the groundbreaking ideas by means of which Sellars sought to integrate our thought, perception, and rational agency within a naturalistic outlook on reality. Topics include Sellars’s inferentialist semantics and normative functionalist view of the mind; his attempted reconciliations of internalist and externalist aspects of thought, meaning, and knowledge; his novel nominalist account of abstract entities; and a speculative ‘pure process’ metaphysics of consciousness. Of particular interest is how this volume exhibits the ongoing fruitful dialogue between so-called ‘left-wing Sellarsians’, who stress Sellars’s various Kantian and pragmatist defenses of the irreducibility of normativity and rationality within the space of reasons, and ‘right-wing Sellarsians’ who defend the plausibility of Sellars’s highly ambitious and systematic scientific naturalism. (shrink)

Each of the standard outlooks in the philosophy of perception --phenomenalism, direct realism, indirect realism, scepticism -- has thus been viewed as Hume's own considered position in the eyes of informed commentators. I argue that Hume does not ascribe univocally to any one of the traditional stances in the philosophy of perception, nor does he leave us only a schizophrenic or 'mood' scepticism. Hume attempted to resolve the traditional philosophical problem (or perhaps more accurately, to set it aside on principled (...) grounds) by transforming the issue from one of theoretical consistency to one of pragmatic coherence. Hume's moderate scepticism and his systematic naturalism entail a reflective 'return' to the vulgar (cp. T 223), a qualified normative endorsement of the directly realist beliefs of common life. The interpretive challenge is to understand the subtle nature of that endorsement, and to explain how it arises out of genuinely Humean doctrines. The account offered here attempts both to capture Hume's own considered position and to explain the attractions and shortcomings of each of the competing interpretations. After laying out the elements of Hume's account of perceptual belief (section I), I proceed to examine in some detail two recent attempts to interpret Hume as a realist (sections II-III). I contend that these revisionary accounts ascribe unHumean doctrines to Hume. The interpretation of Hume as an irreducible 'mood' sceptic or as a phenomenalist are in that respect both closer to the mark, but Hume's reflective return to the vulgar has recast the nature of the problem and leaves us with a position that is not reflected in the more traditional interpretations (section IV). (shrink)

In popular image, Jesus as friend is sentimentalized, but not so in the Fourth Gospel. Jesus gave his life in love for others and always spoke and acted boldly—marks of friendship in the cultural world of the New Testament.

O tema é programa de reavaliação filosófica da retórica da economia proposta por McCloskey. Bento Prado (I e II) argumenta que uma teoria da retórica para a qual “vale tudo” não deveria ser inferida da justa crítica que McCloskey endereça ao positivismo. Em III (M. Julian Cass) são discutidas algumas aporias filosóficas presentes nos textos de McCloskey.

The earlier volume in this series dealt with two religions of Indian origin, namely, Buddhism and Jainism. The Indian religious scene, however, is characterized by not only religions which originated in India but also by religions which entered India from outside India and made their home here. Thus religious life in India has been enlivened throughout its history by the presence of religions of foreign origin on its soil almost from the very time they came into existence. This volume covers (...) three such religions—Zoraoastrianism, Judaism, and Islam. In the case of Zoraostianism, even its very beginnings are intertwined with India, as Zoroastrianism reformed a preexisting religion which had strong links to the Vedic heritage of India. This relationship took on a new dimension when a Zoroastrian community, fearing persecution in Persia after its Arab conquest, sought shelter in western India and ultimately went on to produce India’s pioneering nationalist in the figure of Dadabhai Naoroji ( 1825-1917), also known as the Grand Old Man of India. Jews found refuge in south India after the destruction of the Temple by the Romans in 70 C.E. and have remained a part of the Indian religious scene since then, some even returning to Israel after it was founded in 1948. Islam arrived in Kerala as soon as it was founded and one of the earliest mosques in the history of Islam is found in India. Islam differs from the previously mentioned religions inasmuch as it went on to gain political hegemony over parts of the country for considerable periods of time, which meant that its impact on the religious life of the subcontinent has been greater compared to the other religions. It has also meant that Islam has existed in a religiously plural environment in India for a longer period than elsewhere in the world so that not only has Islam left a mark on India, India has also left its mark on it. Indeed all the three religions covered in this volume share this dual feature, that they have profoundly influenced Indian religious life and have also in turn been profoundly influenced by their presence in India. (shrink)

The earlier volume in this series dealt with two religions of Indian origin, namely, Buddhism and Jainism. The Indian religious scene, however, is characterized by not only religions which originated in India but also by religions which entered India from outside India and made their home here. Thus religious life in India has been enlivened throughout its history by the presence of religions of foreign origin on its soil almost from the very time they came into existence. This volume covers (...) three such religions—Zoraoastrianism, Judaism, and Islam. In the case of Zoraostianism, even its very beginnings are intertwined with India, as Zoroastrianism reformed a preexisting religion which had strong links to the Vedic heritage of India. This relationship took on a new dimension when a Zoroastrian community, fearing persecution in Persia after its Arab conquest, sought shelter in western India and ultimately went on to produce India’s pioneering nationalist in the figure of Dadabhai Naoroji ( 1825-1917), also known as the Grand Old Man of India. Jews found refuge in south India after the destruction of the Temple by the Romans in 70 C.E. and have remained a part of the Indian religious scene since then, some even returning to Israel after it was founded in 1948. Islam arrived in Kerala as soon as it was founded and one of the earliest mosques in the history of Islam is found in India. Islam differs from the previously mentioned religions inasmuch as it went on to gain political hegemony over parts of the country for considerable periods of time, which meant that its impact on the religious life of the subcontinent has been greater compared to the other religions. It has also meant that Islam has existed in a religiously plural environment in India for a longer period than elsewhere in the world so that not only has Islam left a mark on India, India has also left its mark on it. Indeed all the three religions covered in this volume share this dual feature, that they have profoundly influenced Indian religious life and have also in turn been profoundly influenced by their presence in India. (shrink)

This state-of-the-science volume brings together an array of leading authorities to comprehensively review theory and research in this burgeoning area.

The book includes contributions by Sarah-Jayne Blakemore, George F. R. Ellis, Christopher D. Frith, Mark Hallett, David Hodgson, Owen D. Jones, Alicia Juarrero, J. A. Scott Kelso, Christof Koch, Hans Küng, Hakwan C. Lau, Dean Mobbs,...

Historically associated with military service, conscientious objection has become a significant phenomenon in health care. Mark Wicclair offers a comprehensive ethical analysis of conscientious objection in three representative health care professions: medicine, nursing and pharmacy. He critically examines two extreme positions: the 'incompatibility thesis', that it is contrary to the professional obligations of practitioners to refuse provision of any service within the scope of their professional competence; and 'conscience absolutism', that they should be exempted from performing any action contrary (...) to their conscience. He argues for a compromise approach that accommodates conscience-based refusals within the limits of specified ethical constraints. He also explores conscientious objection by students in each of the three professions, discusses conscience protection legislation and conscience-based refusals by pharmacies and hospitals, and analyzes several cases. His book is a valuable resource for scholars, professionals, trainees, students, and anyone interested in this increasingly important aspect of health care. (shrink)

Spiritual Traditions and the Virtues provides a philosophical appreciation of the spiritual life, showing how a certain conception of spiritual well-being, rooted in Thomas Aquinas's account of the virtues, can generate a distinctive vision of human life, and the possibilities for spiritual fulfilment.

There are many different kinds of libertarianism. The first is right libertarianism, which received its most powerful expression in Robert Nozick’s Anarchy, State and Utopia (1974), a book that still sets the baseline for discussions of libertarianism today. The second, I will call faux libertarianism. For reasons I will explain in this paper, most ‘man-on-the-street’ libertarians and most politicians who claim to be libertarians are actually this kind of libertarian. And third, there is left libertarianism, which is what I shall (...) spend most of this paper explicating. But I will not simply be surveying the views of those who identify as left libertarians and put this forth as if I were engaged in an exegetical exercise. Instead, what I shall set forth is a kind of manifesto, a statement of why I consider myself a left libertarian, one that takes this approach to political morality well beyond where it was left around the end of the last century by the previous generation of left libertarians. My hope is to provide those who find certain left libertarian ideas attractive a guide by which they can explain and harmonise their own views, recognise left libertarianism as a distinct comprehensive political doctrine, and feel more open to identify themselves as left libertarian too. (shrink)

In a vivid re-creation of late sixteenth-century Flemish intellectual life, Mark Morford explores the intertwined careers of one of the period's most influential thinkers and one of its most original artists: Justus Lipsius and Peter Paul Rubens. He investigates the scholarship of Lipsius (1547-1606), whose revival of Roman Stoicism guided his contemporaries during the revolt of the Netherlands from the rule of Spain and whose teaching prepared future leaders in church and state. Maintaining that Lipsius' thought reached Peter Paul (...) Rubens through his brother, Philip Rubens, Morford analyzes the artist's use of Stoic philosophical and political allegory, beginning with his painting The Four Philosophers. This book discusses the revival of Stoicism in northern Europe, focusing on Lipsius' editions of Tacitus and Seneca, his widely read handbooks on constancy and politics, and his interaction with leading scholars and public figures. As his letters reveal, Lipsius was inconsistent in his life and unsuccessful in reconciling Stoicism with Catholic doctrine; Rubens, although at first sympathetic to the doctrines of Lipsius, is shown to have later transcended their limitations. (shrink)

Recognition of conscientious objection seems reasonable in relation to controversial and contentious issues, such as physician assisted suicide and abortion. However, physicians also advance conscience‐based objections to actions and practices that are sanctioned by established norms of medical ethics, and an account of their moral force can be more elusive in such contexts. Several possible ethical justifications for recognizing appeals to conscience in medicine are examined, and it is argued that the most promising one is respect for moral integrity. It (...) is also argued that an appeal to conscience has significant moral weight only if the core ethical values on which it is based correspond to one or more core values in medicine. Finally, several guidelines pertaining to appeals to conscience and their ethical evaluation are presented. (shrink)

For years now, unionization has been under vigorous attack. Membership has been steadily declining, and with it union bargaining power. As a result, unions may soon lose their ability to protect workers from economic and personal abuse, as well as their significance as a political force. In the Name of Liberty responds to this worrying state of affairs by presenting a new argument for unionization, one that derives an argument for universal unionization in both the private and public sector from (...) concepts of liberty that we already accept. In short, In the Name of Liberty reclaims the argument for liberty from the political right, and shows how liberty not only requires the unionization of every workplace as a matter of background justice, but also supports a wide variety of other progressive policies. (shrink)

The persistent failure of public schooling in low-income communities constitutes one of our nation's most pressing civil rights and social justice issues. Many school reformers recognize that poverty, racism, and a lack of power held by these communities undermine children's education and development, but few know what to do about it. A Match on Dry Grass argues that community organizing represents a fresh and promising approach to school reform as part of a broader agenda to build power for low-income communities (...) and address the profound social inequalities that affect the education of children. Based on a comprehensive national study, the book presents rich and compelling case studies of prominent organizing efforts in Chicago, New York City, Los Angeles, Denver, San Jose, and the Mississippi Delta. The authors show how organizing groups build the participation and leadership of parents and students so they can become powerful actors in school improvement efforts. They also identify promising ways to overcome divisions and create the collaborations between educators and community residents required for deep and sustainable school reform. Identifying the key processes that create strong connections between schools and communities, Warren, Mapp, and their collaborators show how community organizing builds powerful relationships that lead to the transformational change necessary to advance educational equity and a robust democracy. (shrink)

Exploitation and Economic Justice in the Liberal Capitalist State offers the first new, liberal theory of economic justice to appear in more than 30 years. The theory presented is designed to offer an alternative to the most popular liberal egalitarian theories of today and aims to be acceptable to both right and left libertarians too.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Educational Imperative: A Defense of Socratic and Aesthetic LearningMark StockerThe Educational Imperative: A Defense of Socratic and Aesthetic Learning, by Peter Abbs; x & 250 pp. Bristol, Pennsylvania: Taylor & Francis, 1994, $29.00 paper.O tempora! o mores! Peter Abbs begins by deploring “the cultural catastrophe” of British education in the mid-1990s. He states in his always lucid and accessible prose: “I want to come clean; I want (...) to place the general argument of the book in the current arena of public debate, and to do so without apology and without equivocation.” He bemoans today’s massive denial of spiritual energy, of intellectual enquiry, of aesthetic beauty and public virtue. In a better world, he says, education would serve, “willingly and lovingly... the transcendent ends” of culture and society. Abbs decisively rejects the “Cato” model where teachers are unquestioning skill-based technicians who employ [End Page 393] “managerial” language. Instead, he advocates a Socratic view, which is “to reaffirm that education should be primarily concerned with critical reflection, with personal development and with the sustained enquiry into the various forms of meaning.”Subsequent chapters apply this approach to the arts curriculum. Its failure to gain proper recognition and the absurd and continued conflation of Dance and Physical Education are indicted. Abbs convincingly attacks the notion of “self-expression” in art and language long upheld by educationalists. Its application at the expense of reason, abstract thinking, and the study of “the truly significant writers through the centuries” has in his view helped to trivialize and to marginalize the arts. Nowhere is this more apparent than in so-called “educational drama.” For three generations it has denied “the aesthetic field of drama, the symbolic field of its own form,” and has elevated one genre, improvisation, and made it the totality.Abbs is committed to reconciling “the creative energies of the individual and the creative energies of the culture.” Who would argue with that? And who could deny the value of critical reflection or indeed public virtue? He declares, rather ponderously: “The vested interests of Coca-Cola manufacturers or political missionaries have to be seen as too ‘recent and relevant’ to be allowed” to shape education. The Abbs academy requires “a formally protected place, an institutional space more like the theatre than Tesco [a supermarket chain], more like the cathedral than the Stock Exchange.” For all this patent seriousness and sincerity, here is an educationalist irrevocably and irreconcilably out of joint with the present. The austere modernism of Herbert Read profoundly influenced Abbs in his teens; he also admires F. R. Leavis, Richard Hoggart, and David Holbrook, whose writing at its most influential spans the 1930s and the 1960s. Abbs’s most recent source of inspiration is the art critic Peter Fuller, whose abiding legacy was a romantic nationalism that eloquently celebrated an “essentially symbolic and figurative” tradition in British art from J. M. W. Turner to Henry Moore.Modern Painters, which Fuller edited, could afford to eschew popular culture and its connections with “higher” arts. Fine for a periodical, but how could such a fastidious approach be applied to the classroom experience? Abbs describes an experiment that he performed on student-teachers at the University of Sussex to understand their aesthetic responses. Among the events and objects that the students were asked to consider were John Constable’s The Haywain, Richard Strauss’s The Four Last Songs, a visit to Claude Monet’s garden and a performance of Coriolanus. Abbs’s list does not, however, contain Pulp Fiction, a Courtney Love concert, or an S. E. Hinton novel. What place, if any, do the latter have in the arts curriculum? Must they be ruled out for being too “recent and relevant”? Can student responses to them be brought to bear on their comprehension of higher culture? Or is there a great and ultimately irreconcilable divide? Abbs never faces these issues and instead, in his fogyish [End Page 394] coda, denounces once more “the consumer society” which has “trivialized on an unprecedented scale” and has “tarnished whatever it has touched.”Mark StockerUniversity of Canterbury, New ZealandCopyright © 1995 The Johns Hopkins University Press... (shrink)

What is conscientious objection? -- Should conscientious objectors be accommodated? -- Assessing objectors' beliefs and reasons -- Accommodation and conscientious provision.

There is now a well-established distinction recognized in the ways simplicity considerations enter into science. Laws of nature may be graded either with regard to their simplicity of form or with regard to the fewness of the concepts employed to express them. I shall distinguish these as formal simplicity and conceptual simplicity respectively. Dr. J. O. Wisdom suggests that it should be fewness of non-instantial concepts that serves as the guide for making judgements of relative simplicity; a “non-instantial” concept being (...) a concept which is constructed for the purpose of theory, its meaning not being derived simply from experience. Hence non-instantial concepts are, from a logical point of view, to be contrasted with the concepts used to express and record observations directly, that is with instantial concepts representing observables. This seems to be too narrow a restriction on the reduction of concepts. Clearly an advance towards simplicity has been made not only when e.g. a non-instantial concept like “force of gravity” is eliminated from our technical language, but also when the number of instantial concepts is reduced by redefinition, in terms of a smaller number of observables. For example a great simplification was surely made when space-traversed, time taken and mass were chosen as the dynamic “simples”, for the multiplicity of kinds of motion were found to be expressible as functions of these concepts. “Motion” is not non-instantial in the same way as “force of gravity” or “kinetic energy” is non-instantial. However, once this extension to instantial concepts is made there is no need to quarrel with the form/concept distinction as marking a pritma facie difference in criteria of some methodological importance; for a choice say to concentrate on using the fewest concepts does, and one would be inclined to think must , lead to a “decrease” in the formal simplicity of the laws of nature. (shrink)

A US Department of Health and Human Services Final Rule, Protecting Statutory Conscience Rights in Health Care, and a proposed bill in the British House of Lords, the Conscientious Objection Bill, may well warrant a concern that—to borrow a phrase Daniel Callahan applied to self-determination—conscientious objection in health care has “run amok.” Insofar as there are no significant constraints or limitations on accommodation, both rules endorse an approach that is aptly designated “conscience absolutism.” There are two common strategies to counter (...) conscience absolutism and prevent conscientious objection in medicine from running amok. One, non-toleration, is to decline to accommodate physicians who refuse to provide legal, professionally accepted, clinically appropriate medical services within the scope of their clinical competence. The other, compromise or reasonable accommodation, is to impose constraints on accommodation. Several arguments for non-toleration are critically analyzed, and I argue that none warrants its acceptance. I maintain that non-toleration is an excessively blunt instrument to prevent conscientious objection in medicine from running amok. Instead, I defend a more nuanced contextual approach that includes constraints on accommodation. (shrink)

For a long time, economic growth has been seen as the most promising source of funds to use toward reducing economic inequality, as well as a necessity if we are aiming at achieving full employment. But one of the most troubling aspects of the recent exponential rise in economic inequality is that this rise has occurred despite continued economic growth. Increases in national income have gone almost exclusively to the super-rich, while real wages for almost everybody else have stagnated or (...) even declined. And while the unemployment rate dropped significantly before the coronavirus pandemic hit, good, permanent, high-wage jobs with benefits had by then often been replaced by temporary, part-time, low-wage jobs without benefits, leaving even the employed feeling economically insecure. And now, of course, unemployment is again skyrocketing, and it is unclear how long it might take to come down. As a result, we have now arrived at a point of reckoning: can we continue to believe that liberal capitalism is the most promising combination of economic and political ideologies for securing a prosperous and just future? If not, what might replace it? Is the problem capitalism, or is it liberalism? Are we up against economic forces that we cannot influence or control, or is it our political will and the liberal values we endorse that are being tested? This paper looks at all these questions, and suggests how we might think about the prospects for a liberal future. (shrink)

Evidence-based medicine (EBM) has thus far failed to adequately account for the appropriate incorporation of other potential warrants for medical decision making into clinical practice. In particular, EBM has struggled with the value and integration of other kinds of medical knowledge, such as those derived from clinical experience or based on pathophysiologic rationale. The general priority given to empirical evidence derived from clinical research in all EBM approaches is not epistemically tenable. A casuistic alternative to EBM approaches recognizes that five (...) distinct topics, 1) empirical evidence, 2) experiential evidence, 3) pathophysiologic rationale, 4) patient goals and values, and 5) system features are potentially relevant to any clinical decision. No single topic has a general priority over any other and the relative importance of a topic will depend upon the circumstances of the particular case. The skilled clinician must weigh these potentially conflicting evidentiary and non-evidentiary warrants for action, employing both practical and theoretical reasoning, in order to arrive at the best choice for an individual patient. (shrink)

Previous discussions of the evolution of the self have diverged greatly in their estimates of the date at which the capacity for self-thought emerged, the factors that led self-reflection to evolve, and the nature of the evidence offered to support these disparate conclusions. Beginning with the assumption that human self-awareness involves a set of distinct cognitive abilities that evolved at different times to solve different adaptive problems, we trace the evolution of self-awareness from the common ancestor of humans and apes (...) to the beginnings of culture, drawing upon paleontological, anthropological, biological, and psychological evidence. These data converge to suggest that that modern self-thought appeared just prior to the Middle-Upper Paleolithic transition, approximately 60,000 years ago.Recto running head: Evolution of the Self. (shrink)

The coronavirus disease-2019 (COVID-19) has caused shortages of life-sustaining medical resources, and future waves of the virus may cause further scarcity. The Yale New Haven Health System developed a triage protocol to allocate scarce medical resources during the COVID-19 pandemic, with the primary goal of saving the most lives possible, and a secondary goal of making triage assessments and decisions consistent, transparent, and fair. We outline the process of developing the protocol, summarize the protocol, and discuss the major ethical challenges (...) encountered, along with our answers to the challenges. These challenges include (1) the role of age and chronic comorbidities; (2) evaluating children and pregnant patients; (3) racial, ethnic, and socioeconomic disparities in health; (4) prioritization of healthcare workers; and (5) balancing clinical judgment versus protocolized assessments.We conclude with a review of the limitations of our protocol and the lessons learned. We hope that a robust public discussion of such protocols and the ethical challenges they raise will result in the fairest possible processes, less need for triage, and more lives saved during future waves of the pandemic and similar public health emergencies. (shrink)

In Liberalism with Excellence, Matthew Kramer makes an argument for how excellence may enter in into liberalism, despite liberalism’s strong commitment to neutrality. Kramer seeks to challenge not only the uncompromising rejection of this position by liberals such a Jonathan Quong, but also the so-called “blended” approach of “soft-perfectionist” scholars such as Joseph Raz and George Sher. In this essay, I do not so much challenge Kramer’s approach as offer an alternative for accomplishing the same thing. Under my proposal, certain (...) forms of excellence and neutrality can both be accommodated as long as state support for the form of excellence at issue is proportional to the support for such a form of excellence within the relevant polity, competing forms of excellence are non-rivalrous, and no one is forced to embrace a form of excellence with which they disagree. My proposal is therefore not what Ronald Dworkin derogatively characterized as “a checkerboard solution.” Rather than allowing the state to support contrary moral positions at one and the same time, it is a solution that takes morally compatible but nevertheless competing conceptions of excellence seriously, and exhibits neutrality by giving them proportional rather than full support. This neither forces anyone to pursue the particular forms of excellence the state supports nor prevents them from pursuing some other form of excellence entirely or, if they wish, no form of excellence at all. (shrink)

Discussions of appeals to conscience by healthcare professionals typically focus on situations in which they object to providing a legal and professionally permitted service, such as abortion, sterilization, prescribing or dispensing emergency contraception, and organ retrieval pursuant to donation after cardiac death. “Negative claims of conscience” will designate such appeals to conscience. When healthcare professionals advance a negative claim of conscience, they do so to secure an exemption from ethical, professional, institutional, and/or legal obligations or requirements to provide a healthcare (...) service. (shrink)

In response to physicians who refuse to provide medical services that are contrary to their ethical and/or religious beliefs, it is sometimes asserted that anyone who is not willing to provide legally and professionally permitted medical services should choose another profession. This article critically examines the underlying assumption that conscientious objection is incompatible with a physician’s professional obligations (the “incompatibility thesis”). Several accounts of the professional obligations of physicians are explored: general ethical theories (consequentialism, contractarianism, and rights-based theories), internal morality (...) (essentialist and non-essentialist conceptions), reciprocal justice, social contract, and promising. It is argued that none of these accounts of a physician’s professional obligations unequivocally supports the incompatibility thesis. (shrink)

This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the (...) world. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations. (shrink)

It is argued that the primary aim of institutional management is to protect the moral integrity of health professionals without significantly compromising other important values and interests. Institutional policies are recommended as a means to promote fair, consistent, and transparent management of conscience-based refusals. It is further recommended that those policies include the following four requirements: (1) Conscience-based refusals will be accommodated only if a requested accommodation will not impede a patient’s/surrogate’s timely access to information, counseling, and referral. (2) Conscience-based (...) refusals will be accommodated only if a requested accommodation will not impede a patient’s timely access to health care services offered within the institution. (3) Conscience-based refusals will be accommodated only if the accommodation will not impose excessive burdens on colleagues, supervisors, department heads, other administrators, or the institution. (4) Whenever feasible, health professionals should provide advance notification to department heads or supervisors. Formal review may not be required in all cases, but when it is appropriate, several recommendations are offered about standards and the review process. A key recommendation is that when reviewing an objector’s reasons, contrary to what some have proposed, it is not appropriate to adopt an adversarial approach modelled on military review boards’ assessments of requests for conscientious objector status. According to the approach recommended, the primary function of reviews of objectors’ reasons is to engage them in a process of reflecting on the nature and depth of their objections, with the objective of facilitating moral clarity on the part of objectors rather than enabling department heads, supervisors, or ethics committees to determine whether conscientious objections are sufficiently genuine. (shrink)

Typically, a refusal to provide a medical service is an instance of conscientious objection only when the medical service is legal, professionally accepted, and clinically appropriate. That is, conscientious objection typically occurs only when practitioners reject prevailing norms or practices. Insofar as refusing to provide antibiotics for a viral infection does not violate prevailing clinical norms, there is no need for the physician in Case 1 to justify his refusal to provide antibiotics by appealing to his conscience.1 By contrast, insofar (...) as emergency contraception is legal and does not violate prevailing norms of good medical practice, the physician in Case 6 cannot justify his refusal to provide EC by... (shrink)

Many people have been enraged lately by the enormous increases in certain generic prescription drugs. But free marketeers defend these prices by arguing that they simply represent what the market will bear, and in a capitalist society there is accordingly nothing wrong with charging them. This paper argues that such a defense is actually contrary to the very principles that free marketeers claim to embrace. These prices are not only unjust and exploitative, but government interference with them would not render (...) the market less free, at least if what it means for a market to be “free” is properly understood. Everyone, even free marketeers with a libertarian or neoliberal bent, should accordingly be against this kind of profiteering. (shrink)

Within the Anglo-American world, economic liberalism is generally viewed as having only one progenitor—Adam Smith—and one offspring—neoliberalism. But it actually has two. The work of G. W. F. Hegel was also very influential on the development of economic liberalism, at least in the German-speaking world, and the most powerful contemporary instantiation of economic liberalism within that world is not neoliberlaism, but ordoliberalism, although this is generally unknown and certainly unacknowledged outside of Continental Europe. Accordingly, what I am going to be (...) doing in this piece is trying to bring ordoliberalism more directly into the light—I will argue that by comparing and contrasting the views of Smith and Hegel or at least between how Smith and Hegel tend to be currently (mis)understood, we can better understand both the roots and the nature of these two contemporary incarnations of economic liberalism, and the light this sheds, in turn, brings some interesting and important features of these two contemporary theories into view. From Smith, for example, neoliberals took the idea of the invisible hand, although I am going to argue that contemporary advocates of invisible hand theory have largely misconstrued or at the very least overstated the significance of this metaphor. From Hegel, in contrast, ordoliberals took the idea of the civil society, and I will argue that the civil society is a much better metaphor not only for Hegel's but also for Smith's views. Indeed, I will argue that ordoliberalism, not neoliberalism, is a better and more coherent instantiation of economic liberalism than neoliberalism could ever be. (shrink)