: Ulysses contracts have faced paternalism objections since they first were proposed. Since the contracts are designed to override a present request from a legally competent patient in favor of a past request made by that patient, enforcement of these contracts was argued to be unjustifiable strong paternalism. Recent legal developments and new theories of practical reasoning suggest that the discussion of Ulysses contracts should be revived. This paper argues that with a proper understanding of the future-directed planning embodied in (...) Ulysses contracts, the charge of strong paternalism can be answered, and the enforcement of some Ulysses contracts may be justified under the rubric of weak paternalism. (shrink)

In clinical mental health research with children, both child and parent are essential members of the research team. The 3 R's of parent/child team membership are respect, rapport, and recognition. Respect and recognition include fair reimbursement for time, expense, and inconvenience, but the most important compensation for many families is the appreciation of the other team members for their sacrifice and cooperation. Reimbursement, although honoring the principles of justice and respect for persons, raises difficult issues about appropriate amount, particularly in (...) research involving children. The 3 R's are supported by the investigator 5 A's: attitude, adaptability, availability, attachment, and appreciation. Although the principles seem clear in the abstract, implementation encounters many practical problems. Perhaps the most difficult of these is determining the appropriate amount of compensation that avoids undue inducement but not at the expense of the 3 R's and 5 A's. (shrink)

In this article, we develop a non-rights-based argument based on beneficence (i.e., the welfare of individuals and communities) and justice as the disposition to act justly to promote equity in health care resource allocation. To this end, we structured our analysis according to the following main sections. The first section examines the work of Amartya Sen and his equality of capabilities approach and outlines a framework of health care as a fundamental human need. In the subsequent section, we provide a (...) definition of health equity based on the moral imperative to guarantee that every individual ought to have the freedom to pursue health goals and well-being. In the later part of the article, we outline a non-right approach to health care based on three pillars: (1) human flourishing, (2) justice as a disposition not a process, and (3) solidarity. (shrink)

How research studies should use social media to recruit research participants is a timely question. Importantly, the question is how, not if, studies should use...

Deception, cheating, and loopholes within the IRB approval process have received significant attention in the past several years. Surveys of clinical researchers indicate common deception ranging from omitting information to outright lying, and controversy surrounding the FDA's decision not to ban “IRB shopping” (the practice of submitting protocols to multiple IRBs until one is found that will approve the protocol) has raised legitimate concerns about the integrity of the IRB process. While at first blush these practices seem to cast aspersions (...) on the integrity of clinical researchers, the moral issues raised go deeper than the ethics of cheating. To the extent that these practices are common, or represent an IRB system that places unreasonable burdens on those seeking IRB approval, we should consider whether non-compliance reflects problems of normative legitimacy for the IRB system itself. (shrink)

Deception, cheating, and loopholes within the IRB approval process have received significant attention in the past several years. Surveys of clinical researchers indicate common deception ranging from omitting information to outright lying, and controversy surrounding the FDA's decision not to ban “IRB shopping” has raised legitimate concerns about the integrity of the IRB process. One author has described a multicenter trial as being withdrawn from consideration at one institution when rejection was imminent, in order to avoid informing other IRBs reviewing (...) the protocol of the study's rejection. This practice and IRB shopping seem at odds with the spirit, if not the “letter,” of the regulations. While at first blush these practices seem to cast aspersions on the integrity of clinical researchers, the moral issues raised go deeper than the ethics of cheating. (shrink)

Community and patient stakeholder partners serve in many roles. One particularly important role of community and patient organizations and representatives is to serve as gatekeepers; in this role, they monitor, and in some cases even determine, what research does and does not get conducted with their communities. Such gatekeeping can prevent “helicopter” research and community research fatigue. Gatekeeping can also aid in identifying and mitigating harms that might occur not only to individual participants but to third parties (who do not (...) provide consent for participation) or to the community as a whole. Although individual informed consent and independent review both aim to protect against research risks, in research with identifiable communities these protections may be insufficient to protect from other types of harms. Given the gaps in protection, the gatekeeping role of community research partners is an important supplement to informed consent and independent IRB review, but it also raises its own set of ethical challenges. Here, we discuss the limitations of informed consent and independent review in research with identifiable communities, the benefits of gatekeeping for protecting third parties and groups, types of gatekeepers, and issues in the selection of gatekeepers. (shrink)

In this case, it is noted that while DNA testing and methylation are being studied as biomarkers for high-grade squamous intraepithelial lesions in the anal canal, their efficacy is no...

The American Journal of Bioethics, Volume 12, Issue 7, Page 53-54, July 2012.

This paper argues that it will be important for new genomic technologies to recognize the limits of traditional approaches to informed consent, so that other-regarding implications of genomic information can be properly contextualized and individual rights respected. Respect for individual autonomy will increasingly require dynamic consideration of the interrelated dimensions of individual and broader community interests, so that the interests of one do not undermine fundamental interests of the other. In this, protection of individual rights will be a complex interplay (...) between individual and community concerns. (shrink)

Words form a fundamental basis for our understanding of linguistic practice. However, the precise ontology of words has eluded many philosophers and linguists. A persistent difficulty for most accounts of words is the type-token distinction [Bromberger, S. 1989. “Types and Tokens in Linguistics.” In Reflections on Chomsky, edited by A. George, 58–90. Basil Blackwell; Kaplan, D. 1990. “Words.” Aristotelian Society Supplementary Volume LXIV: 93–119]. In this paper, I present a novel account of words which differs from the atomistic and (...) platonistic conceptions of previous accounts which I argue fall prey to this problem. Specifically, I proffer a structuralist account of linguistic items, along the lines of structuralism in the philosophy of mathematics [Shapiro, S. 1997. Philosophy of Mathematics: Structure and Ontology. Oxford University Press], in which words are defined in part as positions in larger linguistic structures. I then follow Szabò [1999. “Expressions and Their Representations.” The Philosophical Quarterly 49 (195): 145–163] and Parsons [1990. “The Structuralist View of Mathematical Objects.” Synthese 84: 303–346] in further defining words as quasi-concrete objects according to a representation relation. This view aims for general correspondence with contemporary generative linguistic approaches to the study of language. (shrink)

Printed in Great Britain. Erratum slip inserted.

This volume concerns the status and ambitions of metaphysics as a discipline.

In his postapocalyptic novel, Those Who Remain, G. Michael Hopf (2016) makes an important observation about the effect crises can have on human psychology by noting that "hard times create strong [humans]" (loc. 200). While the catastrophic effects of the recent COVID-19 outbreak are incontestable, there are arguments to be made that the situation itself could be materia prima of a more grounded, and authentic generation of humanity, at least in theory. In this article I draw on Heidegger's early, implicit (...) ethic of finitude as well as his later work surrounding the nature of technology, and place them into dialogue with a global milieu contextualized by worldwide pandemic. I approach this discussion from two different angles: in the first part, I explicate the ethic of finitude, and use it as a framework to describe the observable behavior of communities worldwide in order to better understand how global crises impact the psychical welfare of individual human beings. In the second part, I apply lessons given to us by the later Heidegger, specifically those oriented around the movement away from calculative thinking, in an effort to define a loose, albeit fundamentally ennobling prescriptive aimed at easing the existential strain of the situation we have found ourselves in. *This is a pre-print of an article published in Human Arenas. The final authenticated version is available at DOI: 10.1007/s42087-020-00142-6. (shrink)

Ryan Wasserman explores a range of fascinating puzzles raised by the possibility of time travel, with entertaining examples from physics, science fiction, and popular culture, and he draws out their implications for our understanding of time, tense, freedom, fatalism, causation, counterfactuals, laws of nature, persistence, change, and mereology.

This book is the first comprehensive study of Schopenhauer's philosophy of religion. It develops a contextual account of Schopenhauer's relation to the religions of India by placing his interpretation of their main doctrines within the perspective of his diagnosis of the religious situation in nineteenth-century Europe, and his revised conception of the proper content and methods of metaphysical philosophy in the wake of Kant. It shows that Schopenhauer's encounter with the religions of India was the stimulus for his formulation of (...) a novel theory of a revitalised modern Christianity. The possibility of an oriental renaissance prompted Schopenhauer to argue that Christianity's immanent or ethical teachings needed to be severed from its supernatural or metaphysical doctrines, so that European culture could continue to satisfy the human need for a metaphysical interpretation of the world and life. This book will be of interest to philosophers, theologians, students of religion and modern intellectual history. (shrink)

English summary: French description: Pensees du corps: se peut-il que le corps pense, qu'il ne soit pas un simple objet de reflexion, mais un sujet de pensee a part entiere?La demarche philosophique est ici confrontee a un corpus de pratiques et d'arts gestuels japonais (danse, theatre, arts martiaux). Une serie d'experiences significatives bousculent les idees recues et poussent le penseur a un renouvellement radical de ses methodes et de ses concepts. En resulte une philosophie de terrain, incarnee et immanente, qui (...) met en lumiere la profonde rationalite du corps. Y compris dans ses deploiements qui d'ordinaire resistent a l'analyse: sensation et action.Nul besoin d'avoir recours a un relativisme culturaliste friand d'exotisme, encore moins a un quelconque irrationalisme. Les pensees du corps dessinent un espace de publicite et d'intelligibilite, une forme d'universalite que chacun peut intimement eprouver et affiner. Loin de constituer un dehors, le corps apparait comme le lieu de production d'un savoir et d'une pensee universellement partageables. (shrink)

AI and people do not compete on a level-playing field. Self-driving vehicles may be safer than human drivers, but laws often penalize such technology. People may provide superior customer service, but businesses are automating to reduce their taxes. AI may innovate more effectively, but an antiquated legal framework constrains inventive AI. In The Reasonable Robot, Ryan Abbott argues that the law should not discriminate between AI and human behavior and proposes a new legal principle that will ultimately improve human (...) well-being. This work should be read by anyone interested in the rapidly evolving relationship between AI and the law. (shrink)

When are morally good actions beautiful, when indeed they are? In this paper, it is argued that morally good actions are beautiful when they appear to express the deep or true self, and in turn tend to give rise to an emotion which is characterised by feelings of being moved, unity, inspiration, and meaningfulness, inter alia. In advancing the case for this claim, it is revealed that there are additional sources of well-formedness in play in the context of moral beauty (...) in addition to those that have tended to be focused on to date: one which is connected to imagining a deep location for the goodness concerned, and another which is connected to imagining that the goodness stems from capacities which are essential to the person. (shrink)

What is the nature of the concept BEAUTY? Does it differ fundamentally from nearby concepts such as PRETTINESS? It is argued that BEAUTY, but not PRETTINESS, is a dual-character concept. Across a number of contexts, it is proposed that BEAUTY has a descriptive sense that is characterised by, inter alia, having intrinsically pleasing appearances; and a normative sense associated with deeply-held values. This account is supported across two, pre-registered, studies (N=500), and by drawing on analysis of corpus data. It is (...) suggested that this can help to explain why beauty, unlike prettiness, is thought to be deep in both the sense of being important, and in the sense of being less closely tied to sensory surfaces. (shrink)

According to the most important objection to the existence of moral beauty, true judgements of moral beauty are not possible as moral judgements require being motivated to act in line with the moral judgement made, and judgements of beauty require not being motivated to act in any way. Here, I clarify the argument underlying the objection, and show that it does not show that moral beauty does not exist. I present two responses: namely, that the beauty of moral beauty does (...) not lie in the moral goodness per se (the “adjacent properties” response); and that only a dispositional motivation to act is required for the moral judgements that are typically made as part of judgements of moral beauty, whereas aesthetic judgements only rule out state motivations to act (the “equivocation of motivation required” response). In addressing the objection, I show how moral beauty is consistent with disinterestedness, and so should be accepted more widely; and also clarify where the beauty in moral beauty resides, and how the moral-aesthetic distinction should be drawn. (shrink)

Very diverse societies pose real problems for Rawlsian models of public reason. This is for two reasons: first, public reason is unable accommodate diverse perspectives in determining a regulative ideal. Second, regulative ideals are unable to respond to social change. While models based on public reason focus on the justification of principles, this book suggests that we need to orient our normative theories more toward discovery and experimentation. The book develops a unique approach to social contract theory that focuses on (...) diverse perspectives. It offers a new moral stance that author Ryan Muldoon calls, "The View From Everywhere," which allows for substantive, fundamental moral disagreement. This stance is used to develop a bargaining model in which agents can cooperate despite seeing different perspectives. Rather than arguing for an ideal contract or particular principles of justice, Muldoon outlines a procedure for iterated revisions to the rules of a social contract. It expands Mill's conception of experiments in living to help form a foundational principle for social contract theory. By embracing this kind of experimentation, we move away from a conception of justice as an end state, and toward a conception of justice as a trajectory. (shrink)

Why are moral actions beautiful, when indeed they are? This paper assesses the view, found most notably in Schiller, that moral actions are beautiful just when they present the appearance of freedom by appearing to be the result of internal harmony (the Schillerian Internal Harmony Thesis). I argue that while this thesis can accommodate some of the beauty involved in contrasts of the ‘continent’ and the ‘fully’ virtuous, it cannot account for all of the beauty in such contrasts, and so (...) needs to be weakened considerably (to the Internal Harmony Thesis). To account for the remaining beauty that cannot be fully accommodated even by this revised thesis, as well as the beauty contained in contrasts that involve agents who experience internal conflict as a result of being sensitive to different sources of moral value to an appropriate extent, a number of further theses need to be posited: namely, that the beauty of some moral actions is to be accommodated in terms of internal disharmony (the Internal Disharmony Thesis), and in terms of a felt harmony between the appreciator of the action and the executor of the action (the Affective Harmony Thesis). As such, in contrast to Schiller, I suggest that we need to take a pluralist and context-sensitive approach to accommodating the beauty of moral actions. (shrink)

This book explores the constraints which justice imposes on immigration policy. Like liberal nationalists, Ryan Pevnick argues that citizens have special claims to the institutions of their states. However, the source of these special claims is located in the citizenry's ownership of state institutions rather than in a shared national identity. Citizens contribute to the construction and maintenance of institutions, and as a result they have special claims to these institutions and a limited right to exclude outsiders. Pevnick shows (...) that the resulting view justifies a set of policies - including support for certain types of guest worker programs - which is distinct from those supported by either liberal nationalists or advocates of open borders. His book provides a framework for considering a number of connected topics including issues related to self-determination, the scope of distributive justice and the significance of shared national identity. (shrink)

In The Conditions for Ethical Chemical Restraint, Crutchfield and Redinger (2024) propose ethical standards for the use of chemical restraints, which they consider normatively distinct from physica...

The author proceeds from empirical basis to show how far the two Rawls's principles of justice can be implemented in Africa. Positions not only of Rawls but also of other philosophers are presented, reconstructed and commented. They are also opposed with critiques and other theories, so that the appropriate position for Africa can be explained. The author comes to the conclusion that the fundamental liberties are still in the making in Africa. A long colonial past and Aparthied have deprived Africa (...) from its blossoming. However, a groping democracy of full hope is pointing ahead. So that freedom and democracy gain more room the author suggests the establishment of federalism based on ethnic groups. To speak of democracy and freedom without a substantial economic support seems illusive. In order to improve the lot of the least advantaged the author proposes betterment of education and health. (shrink)

This book represents part of an ongoing effort to understand the rules, practices, agencies and agents which shape and change the social construction of pedagogic discourse. It draws together and re-examines the findings of the author's earlier work.

Most accounts of cognitive scaffolding focus on ways that external structure can support or augment an agent’s cognitive capacities. We call cases where the interests of the user are served benign scaffolding and argue for the possibility and reality of hostile scaffolding. This is scaffolding which depends on the same capacities of an agent to make cognitive use of external structure as in benign cases, but that undermines or exploits the user while serving the interests of another agent. We develop (...) criteria for scaffolding being hostile and show by reference to examples including the design features of electronic gambling machines and casino management systems that hostile scaffolding exists and can be highly effective. In cases where the scaffolding is deep and permits the offloading of significant cognitive work, hostile scaffolding exploitatively manipulates cognitive processing itself. Given the extent of human reliance on scaffolding this is an important and neglected vulnerability. [This is an updated version of the paper, added in February 2023.]. (shrink)

Coronavirus disease 2019 can lead to respiratory failure. Some patients require extracorporeal membrane oxygenation support. During the current pandemic, health care resources in some cities have been overwhelmed, and doctors have faced complex decisions about resource allocation. We present a case in which a pediatric hospital caring for both children and adults seeks to establish guidelines for the use of extracorporeal membrane oxygenation if there are not enough resources to treat every patient. Experts in critical care, end-of-life care, bioethics, and (...) health policy discuss if age should guide rationing decisions. (shrink)

Basil Bernstein rarely had a good press in the forty-odd years in which he presented his developing theories to the public. Early admiration for his sociolinguistic 'discoveries' - of codes which regulate, at a deep-structural level, family beliefs and behaviours and relationships, as well as surface utterances - turned quite quickly into a suspicion that his description of social class difference amounted to a declaration of working class deficit. Although Bernstein's writings, particularly in the 1990s, became opaque to the (...) point of seeming to be purposefully obscurantist, they have always been enlivened by clear, pithy and punchy statements which left no room for ambiguity about the case he was making. The struggle to achieve an education system which would offer genuinely equal opportunities to children from all class and cultural backgrounds continued to underpin the writing and teaching of his later years. (shrink)

Mainstream cognitive neuroscience typically ignores the role of quantum physical effects in the neural processes underlying cogni¬tion and consciousness. However, many unsolved problems remain, suggesting the need to consider new approaches. We propose that quantum theory, especially through an ontological interpretation due to Bohm and Hiley, provides a fruitful framework for addressing the neural correlates of cognition and consciousness. In particular, the ontological interpretation suggests that a novel type of 'active information', connected with a novel type of 'quantum potential energy', (...) plays a key role in quantum physical processes. After introducing the ontological interpretation we illustrate its value for cognitive neuroscience by discussing it in the light of a proposal by Beck and Eccles about how quantum tunneling could play a role in controlling the frequency of synaptic exocytosis. In this proposal, quantum tunneling would enable the 'self' to control its brain without violating the energy conservation law. We argue that the ontological interpretation provides a sharper picture of what actually could be taking place in quantum tunneling in general and in synaptic exocytosis in particular. Based on the notions of active information and quantum potential energy, we propose a coherent way of understanding how mental processes (understood as involving non-classical physical processes) can act on traditional, classically describable neural processes without violating the energy conservation law. (shrink)

In this paper, the aim is to explore how there can be a role for expression of affect in illocution, drawing upon some ideas about expression put forward by Karl Bühler. In a first part of the paper, I map some active discussions and open questions surrounding phenomena that seem to involve “expression of affect”. Second, I home in on a smaller piece of that larger puzzle; namely, a consideration of how there may be non-conventional expression of affect. I provide (...) some examples of what I take that to involve and set out some premises for approaching it. In a third section, I motivate such an interest by pointing to a question in speech act theory concerning ‘force conventionalism’. This is whether and how illocution can be performed non-conventionally—that is, whether (at least some) utterances can be communicated with illocutionary force without need of convention. I propose that where expression of affect may occur non-conventionally, it may in turn constitute one important route through which at least some kinds of illocution are achieved. In the fourth part of the paper, I sketch an account of such non-conventional expression of affect for the purposes of illocution, by exploring a broadly Bühlerian account of some affects; namely, that some affects are teleological in character, that coordinations may be involved in their satisfactional states, and that uptake of the expressed affect constitutes one subset of such satisfactional states. That exposition points to the contemporary relevance of the “action theory of expression” proposed by Bühler. (shrink)