The enjoyment of beauty has a peculiar, mildly intoxicating quality of feeling The science of aesthetics investigates the conditions under which things are felt as beautiful, but it has been unable to give any explanation of the nature and origin of beauty Psychoanalysis, unfortunately, has scarcely anything to say about beauty either.1 Freud.

A nativist moral psychology, modeled on the successes of theoretical linguistics, provides the best framework for explaining the acquisition of moral capacities and the diversity of moral judgment across the species. After a brief presentation of a poverty of the moral stimulus argument, this chapter sketches a view according to which a so-called Universal Moral Grammar provides a set of parameterizable principles whose specific values are set by the child's environment, resulting in the acquisition of a moral idiolect. The (...) principles and parameters approach predicts moral diversity, but does not entail moral relativism. (shrink)

Savulescu argues that it may be ethically acceptable for governments to require citizens be vaccinated against COVID-19. He also recommends that governments consider providing monetary or in-kind incentives to citizens to increase vaccination rates. In this response, we argue against mandatory vaccination and vaccine incentivisation, and instead suggest that targeted public health messaging and a greater responsiveness to the concerns of vaccine-hesitant individuals would be the best strategy to address low vaccination rates.

Sweeping in scope, penetrating in analysis, and generously illustrated with examples from the history of science, this new and original approach to familiar questions about scientific evidence and method tackles vital questions about science and its place in society. Avoiding the twin pitfalls of scientism and cynicism, noted philosopher Susan Haack argues that, fallible and flawed as they are, the natural sciences have been among the most successful of human enterprises-valuable not only for the vast, interlocking body of knowledge (...) they have discovered, and not only for the technological advances that have improved our lives, but as a manifestation of the human talent for inquiry at its imperfect but sometimes remarkable best. This wide-ranging, trenchant, and illuminating book explores the complexities of scientific evidence, and the multifarious ways in which the sciences have refined and amplified the methods of everyday empirical inquiry; articulates the ways in which the social sciences are like the natural sciences, and the ways in which they are different; disentangles the confusions of radical rhetoricians and cynical sociologists of science; exposes the evasions of apologists for religious resistance to scientific advances; weighs the benefits and the dangers of technology; tracks the efforts of the legal system to make the best use of scientific testimony; and tackles predictions of the eventual culmination, or annihilation, of the scientific enterprise. Writing with verve and wry humor, in a witty, direct, and accessible style, Haack takes readers beyond the "Science Wars" to a balanced understanding of the value, and the limitations, of the scientific enterprise. (shrink)

Conventional wisdom and commonsense morality tend to take the integrity of persons for granted. But for people in systematically unjust societies, self-respect and human dignity may prove to be impossible dreams.Susan Babbitt explores the implications of this insight, arguing that in the face of systemic injustice, individual and social rationality may require the transformation rather than the realization of deep-seated aims, interests, and values. In particular, under such conditions, she argues, the cultivation and ongoing exercise of moral imagination is (...) necessary to discover and defend a more humane social vision. Impossible Dreams is one of those rare books that fruitfully combines discourses that were previously largely separate: feminist and antiracist political theory, analytic ethics and philosophy of mind, and a wide range of non-philosophical literature on the lives of oppressed peoples around the world. It is both an object lesson in reaching across academic barriers and a demonstration of how the best of feminist philosophy can be in conversation with the best of “mainstream” philosophy—as well as affect the lives of real people. (shrink)

We examined the effects of three different training conditions, all of which involve the motor system, on kindergarteners’ mental transformation skill. We focused on three main questions. First, we asked whether training that involves making a motor movement that is relevant to the mental transformation—either concretely through action or more abstractly through gestural movements that represent the action —resulted in greater gains than training using motor movements irrelevant to the mental transformation. We tested children prior to training, immediately after training, (...) and 1 week after training, and we found greater improvement in mental transformation skill in both the action and move-gesture training conditions than in the point-gesture condition, at both posttest and retest. Second, we asked whether the total gain made by retest differed depending on the abstractness of the movement-relevant training, and we found that it did not. Finally, we asked whether the time course of improvement differed for the two movement-relevant conditions, and we found that it did—gains in the action condition were realized immediately at posttest, with no further gains at retest; gains in the move-gesture condition were realized throughout, with comparable gains from pretest-to-posttest and from posttest-to-retest. Training that involves movement, whether concrete or abstract, can thus benefit children's mental transformation skill. However, the benefits unfold differently over time—the benefits of concrete training unfold immediately after training ; the benefits of more abstract training unfold in equal steps immediately after training and during the intervening week with no additional training. These findings have implications for the kinds of instruction that can best support spatial learning. (shrink)

Is truth in the law just plain truth - or something sui generis? Is a trial a search for truth? Do adversarial procedures and exclusionary rules of evidence enable, or impede, the accurate determination of factual issues? Can degrees of proof be identified with mathematical probabilities? What role can statistical evidence properly play? How can courts best handle the scientific testimony on which cases sometimes turn? How are they to distinguish reliable scientific testimony from unreliable hokum? These interdisciplinary essays (...) explore such questions about science, proof, and truth in the law. With her characteristic clarity and verve, Haack brings her original and distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues. She includes detailed analyses of a wide variety of cases and lucid summaries of relevant scientific work, of the many roles of the scientific peer-review system, and of relevant legal developments. (shrink)

To reassure those concerned about wholesale discontinuity between human existence and posthumanity, transhumanists assert shared ground with antiquity on vital challenges and aspirations. Because their claims reflect key misconceptions, there is no shared vision for transhumanists to invoke. Having exposed their misuses of Prometheus, Plato, and Aristotle, I show that not only do transhumanists and antiquity crucially diverge on our relation to ideals, contrast-dependent aspiration, and worthy endeavors but that illumining this divide exposes central weaknesses in transhumanist argumentation. What is (...) more, antiquity’s handling of these topics suggests a way through the impasse in current enhancement debates about human “nature” and helps to resolve a tension within transhumanists’ accounts of what our best moments signify about the ontological requirements for real flourishing. (shrink)

Perhaps the most troublesome medical decisionmaking cases facing state courts concern serious healthcare decisions involving patients with severe or profound retardation. The courts who face this issue encounter a difficult dilemma. A decision to terminate a medical treatment of a dependent, vulnerable person requires considerable solicitude. Allowing a helpless person to die sooner than is medically possible directly conflicts with that person's most basic right – the right to live. However, continuing treatment in the face of terminal illness may not (...) only prolong but also increase intense mental and physical suffering. Perpetuating near torture in the name of protecting a person's life may be equally worrisome. (shrink)

So far as we know, we are the only species capable of introspection, and thus, sometimes, of insight into our own individual and collective nature. Arguably, the entire discipline of philosophy and, much more recently, of psychology, is premised on this simply stated but complicated fact. We are also a social species, each of us desiring – perhaps, even needing – to live as one among others. Taken together, these perfectly trite observations invite a number of questions regarding the nature (...) of the self and self-consciousness, and about the possibility of successful intersubjective communication. One line of enquiry among these questions, one that is vigorously pursued in The Five Obstructions, concerns the extent to which an individual’s self-understanding depends on the availability to that person of a genuinely second-person perspective. In order properly to understand oneself, does one need to see oneself through another’s eyes – in particular, the eyes of another who is in relation with us? If the answer is affirmative, what obligations do we have to each other to provide secondperson perspectives? How is such a perspective to be achieved? How is it best achieved, morally speaking? As I will try to show here, The Five Obstructions provides a very powerful example of self-revelation facilitated by another. Towards the end.. (shrink)

Thought experiments are windows into the fundamental nature of things. They can demonstrate a point, entertain, illustrate a puzzle, lay bare a contradiction in thought, and move us to provide further clarification. Some of the best science fiction tales are in fact long versions of philosophical thought experiments. From Arthur C. Clark's film 2001: A Space Odyssey, which explored the twin ideas of intelligent design and artificial intelligence gone awry, to the Matrix films, which were partly inspired by Plato's (...) Cave, philosophy and science fiction are converging upon a set of shared themes and questions. Indeed, there is almost no end to the list of issues in science fiction that are philosophically intriguing. The chapter also provides an outline of the content available in other chapters of the book. (shrink)

We argue that a turn toward virtue ethics as a way of understanding medical professionalism represents both a valuable corrective and a missed opportunity. We look at three ways in which a closer appeal to virtue ethics could help address current problems or issues in professionalism education—first, balancing professionalism training with demands for professional virtues as a prerequisite; second, preventing demands for the demonstrable achievement of competencies from working against ideal professionalism education as lifelong learning; and third, avoiding temptations to (...) dismiss moral distress as a mere “hidden curriculum” problem. As a further demonstration of how best to approach a lifelong practice of medical virtue, we will examine altruism as a mean between the extremes of self-sacrifice and selfishness. (shrink)

Though we cherish freedom and equality, there are human relations we commonly take to be morally permissible despite the fact that they essentially involve an inequality specifically of freedom, i.e., parental and fiduciary relations. In this article, I argue that the morality of these relations is best understood through a very old and dangerous concept, the concept of status. Despite their historic and continuing abuses, status relations are alive and well today, I argue, because some of them are necessary. (...) We must therefore carefully specify the conditions in which such status relations may morally obtain, as well as the duties of virtue and duties of right to which all parties are subject when it does (including a duty of care) to clearly articulate the ways in which these putatively moral status relations that essentially involve an asymmetry of autonomy (status relations) can go well or badly even within the context of the Kantian tradition from which our current legal and social practices arose. To this end, I offer Kant's own concept of status as a promising one because in Kant's theory, status is a nexus of virtue and right that is reducible to neither property nor contract but akin to each in familiar ways. Once status is admitted as an alternative to property and contract, status may be extended beyond Kant's domestic paradigm, most perspicuously to institutional ethics. In this article, I sketch a status-based theory of stakeholding that locates environmental impact, institutional oppression, and other significant features of our moral landscape within a Kantian framework of duties rich enough to more accurately characterize the complexities of stakeholding than current tradition has allowed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume XXIII, Number 2, November 1997, pp. 195-212 The Moral Self and the Indirect Passions SUSAN M. PURVIANCE David Hume1 and Immanuel Kant are celebrated for their clear-headed rejection of dogmatic metaphysics, Hume for rejecting traditional metaphysical positions on cause and effect, substance, and personal identity, Kant for rejecting all judgments of experience regarding the ultimate ground of objects and their relations, not just judgments of (...) cause and substantiality. Nevertheless, each argues that practical activity is not compromised by the rejection of metaphysical claims that others had taken to be crucial. Kant and Hume thought that political and moral life did not depend upon theoretical knowlege of the nature of the self, free will, or knowledge of the true motives of actions or the character of the agent. Because the grounds of morality and politics were too important to leave to the mercies of speculative metaphysics, each moved their foundations to higher ground, insulating the grounds of practical activity from the threat of metaphysical turmoil and skepticism. Contemporary philosophers have generally followed Hume and Kant in this regard, but often select very different strategies. Some think that the best way to avoid the problems associated with contemporary scientific ontologies is to separate ethics from the factual domain entirely. Some give moral and political language a noncognitivist interpretation, and others have interpreted values as a projection of the passions and affections of the subject or as the constructions of suitably situated practical reasoners.2 At the same time there has been a resurgence of interest in moral realism. Moral realists think that the objectivity of moral discourse, and hence the Susan M. Purviance is at the Department of Philosophy, The University of Toledo, Toledo OH 43606-3390 USA. 196 Susan M. Purviance possibility of moral truth, depend upon the existence of moral facts.3 Moral realists have tended to concentrate on the role of facts in establishing the truth of general moral principles, or the Tightness or moral value of particular individual actions. For moral realists, moral facts are the states of affairs that make general moral principles or particular moral judgments true. Whether these facts are of a naturalistic sort or not, whether they are literally on a par with natural facts, or whether they simply play the same role in practical knowledge that natural facts play in theoretical knowledge, is an open question. Moral realists often are naturalists, like David O. Brink and Jonathan Dancy, but they may be nonnaturalists, like G. E. Moore.4 Ethical naturalism accounts for moral motivation and the cultivation of good character in terms of moral qualities, and many hope to ground it in (or at least show that it is compatible with) the scientific understanding of objects and their relations and qualities. Naturalism is only one option, but realism has received support because it is not clear that antirealists have developed a convincing alternative to the grounding of concepts of moral agency and moral judgment in some sort of moral facts. Questions abound about what it means to ascribe responsibility to a moral self and how we can defend a notion of enduring character. Although moral realists have paid less attention to the ontological status of virtues and character traits than to moral principles, their status is equally important. Here the concern is with the sort of metaphysics of the self thought to be necessary to account for moral agency, responsibility, praise, and blame. I shall argue that there is a class of moral facts that justify or perhaps merely vindicate the ascription of moral powers to agents, and that these are the sorts of facts another sort of theorist is interested in, whereas the states of affairs that make moral judgments true are the sorts of facts that moral realists have been interested in. In order to distinguish this use of moral facts I shall call this sort of theory a Fact of Agency Theory, and it is a version of this theory that can be found in Hume's discussion of the problem of the self and the indirect passions. A realist metaphysics of morals needs to address two questions, the question of the reality of the... (shrink)

This paper is the companion to “Assessment of Information on Public Health Law Best Practices for Obesity Prevention and Control,” and the fourth of four action papers produced as part of the National Summit on Legal Preparedness for Obesity Prevention and Control, convened June 2008 by the Centers for Disease Control and Prevention, the Robert Wood Johnson Foundation, and the American Society for Law, Medicine Ethics. The four action papers present options to address gaps in the four core elements (...) of public health legal preparedness as outlined in the relevant companion papers. The four core elements are: laws and legal authorities; legal competencies for public health professionals to apply those laws and authorities; coordination of law-based efforts across jurisdictions and sectors, and information on public health law best practices. (shrink)

This paper is the companion to “Assessment of Information on Public Health Law Best Practices for Obesity Prevention and Control,” and the fourth of four action papers produced as part of the National Summit on Legal Preparedness for Obesity Prevention and Control, convened June 2008 by the Centers for Disease Control and Prevention, the Robert Wood Johnson Foundation, and the American Society for Law, Medicine Ethics. The four action papers present options to address gaps in the four core elements (...) of public health legal preparedness as outlined in the relevant companion papers. The four core elements are: laws and legal authorities; legal competencies for public health professionals to apply those laws and authorities; coordination of law-based efforts across jurisdictions and sectors, and information on public health law best practices. (shrink)

Immanuel Kant’s theory of imagination is a surprisingly fruitful nexus of explanation for the prima facie disparate characteristics of autism spectrum disorder (ASD), especially the sub-spectrum best characterized by the Sensory Integration (SI) and Intense World (IW) theories of ASD. According to the psychological theories that underpin these approaches to autism, upstream effects of sensory processing atypicalities explain a cascade of downstream effects that have been characterized in the diagnostic triad, e.g., poor sensory integration contributes to weak central coherence, (...) which in turn contributes to difficulty participating in a back and forth conversation. To see why Kant’s theory of imagination might be useful, consider that ASD is neither a sensory disorder nor an intellectual disorder per se. Cognitive dysfunction is a common comorbidity of ASD, not a characteristic of it. If we exclude sense and intellect, what’s left? According to Kant, imagination is a synthesizing faculty that mediates between sense and understanding. It does so by transforming intuition from the canonic and vital senses. The uses of imagination include our spatially formative, temporally associative, and communicatively affinitive production, where affinitive production includes sympathy and fantasy. Imagination is thus the faculty of sensory integration, embodied subjectivity, empathy, mindreading, and social cooperation. The wide range of how autism presents and how it is experienced can thus be understood in terms of the atypical development of specific functions of imagination. Kant’s theory of imagination provides a new perspective on how to organize our understanding of autism at the psychological level, one that makes sense of how some of the disparate characteristic phenomena of autism are systematically related and which might lead to novel predictions, research targets, or intervention recommendations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Plato’s Second Republic: An Essay on the Laws by André LaksSusan Sauvé MeyerLAKS, André. Plato’s Second Republic: An Essay on the Laws. Princeton, N.J.: Princeton University Press, 2022. x + 278 pp. Cloth, $35.00When the unnamed Athenian of Plato’s Laws specifies the constitution and law code for the (fictional) city of Magnesia, he retreats from some of the more notorious principles that structure the ideal city in the (...) Republic, most notably the prohibition against private property and private families for the city’s rulers and the explicit mandate that the rulers be philosophers. Magnesia will be governed by its property-owning citizens in a constitutional regime where law is the supreme political authority. Both [End Page 355] retreats are marked by the Athenian as making Magnesia “second best” in relation to the ideal.One of Laks’s striking theses is that the ideal from which the Laws’s second-best city falls short is not simply that of the Republic. Within the Laws itself, he argues, the Athenian articulates a “legislative utopia” and a constitutional ideal that are only imperfectly realized in the city identified as “second.” The constitutional ideal is articulated in book 3 in the mandate that a constitution achieve a mean (meson) between democracy and monarchy, while the legislative ideal underwrites the mandate in book 4 that laws should have persuasive preludes.While the constitutional “mean” mandated in book 3 is often characterized as “the mixed constitution,” Laks argues that what is mandated is not a mixture of monarchical and democratic institutions, but rather a synthesis of democracy and monarchy, with each institution implementing both democratic and monarchical principles. Laks calls such a mean a “middle.” If the mandated constitutional “middle” were fully achieved, he claims, democratic equality would be synthesized with the inequality of monarchy and thereby transformed from arithmetical into proportional equality. Similarly, democratic freedom would be synthesized with submission to authority, and transformed from negative freedom from authority into the positive freedom of rationality. Laks proposes that the freedom to emerge from this “metamorphosis” is the “voluntary servitude to the laws” lauded in book 3. While he acknowledges that Plato nowhere identifies such servitude to law as freedom, Laks locates that conception on the horizon of the conceptual metamorphosis of freedom that he finds in the Laws.Neither synthesis—of equality or of freedom—is perfectly achieved in the city whose constitution and law code are specified in the Laws, according to Laks; this is the burden of his remark that the constitution of Magnesia is “a mixture (sit venia verbo) of a mix and a middle.” A residue of unmitigated arithmetical equality remains in the constitution specified in book 6 to the extent that it includes a paradigmatically democratic procedure, the lottery, among the otherwise meritocratic procedures for appointing citizens to public office. A residue of despotism remains in the law code of Magnesia to the extent that the persuasive preludes to its statutes employ the manipulative rhetoric of praise and blame rather than philosophical arguments that display the rational grounding of the law in divine reason.Both retreats from the ideal are necessitated, on Laks’s interpretation, by the imperfect rationality of human beings. Not every person can learn to appreciate the superiority of proportional to arithmetical equality, or the perfect rationality of the laws’ prescriptions. In a “legislative utopia” citizens will obey the law because they appreciate its rational grounding, but that ideal is not fully achievable in a community of human beings. However rational the laws’ prescriptions may be, citizens’ obedience must be secured by nonrational means as well—hence the Athenian’s characterization of the politeia of the Laws as a “tragedy” (817b). [End Page 356]Laks’s exposition of these (and other) themes over the course of the volume is cumulative rather than sequential, diffuse rather than regimented, and deliberately sensitive to the literary features of Plato’s text and the ways in which its message may be allusive, indirect, or equivocal. What emerges from Laks’s learned engagement with the text is an interpretation that is “suggested” (an oft used phrase in the volume) rather than mandated by... (shrink)

The Swiss psychiatrist Ludwig Binswanger is best known for his existential analysis (Daseinsanalyse) presented in a series of case studies in the 1940s, but his existential anthropology of mania of the early 1930s has received less attention. He introduced this new existential science as a disciplinary hybrid of existential philosophy and clinical psychiatry, and, in doing so, transformed the genre of narrow medical case study into a broader discourse of philosophical anthropology. The very ambitiousness of his method, however, tended (...) to eclipse the individuality of his manic patient; its delineation of the conditioning structures of manic experience rendered the patient’s life-history and her functional state as secondary to these structures. (shrink)

The best interests principle is commonly utilized in acute care settings to assist with decision making about life-saving and life-sustaining treatment. This ethical principle demands that the decision maker refers to some conception of quality of life that is relevant to the individual patient. The aim of this article is to describe the factors that are required to be incorporated into an account of quality of life that will provide a morally justifiable basis for making a judgement about the (...) future quality of life, and therefore the best interests, of critically ill patients who are mentally incompetent. This account consists of three major components - pain and suffering, body functioning, and autonomy - and is applicable in situations where very limited information is available to guide decision making. This framework helps to make decisions about the provision of life-saving treatment that are as consistent as possible in all patient situations. (shrink)

There is a clear distinction between genuine and fraudulent reasoning. Being seduced by the latter can result in horrific consequences. This paper explores how we can arm ourselves, and others with the ability to recognize the difference between genuine and pseudo-reasoning, with the motivation to maintain an unbending commitment to follow the “impersonal” “norm-driven” rules of reason even in situations in which “non-reasonable” strategies appear to support short-term bests interests, and with the confidence that genuine reasoning is the best (...) defense against the pseudo-reasoning. It also provides a simple table of “markers” whereby genuine reasoning can be distinguished from the “fake stuff.”. (shrink)

David Bostock has produced a translation that admirably fulfills the Clarendon Aristotle Series’ goal of making Aristotle’s texts accessible to the Greekless philosophical reader. It is accurate without being overly literal and is probably the best available in English. Despite Bostock’s inelegant rendering of to ti en einai as "a what-being-is", and to ti esti as "a what-it-is", the translation is, on the whole, highly readable and brings out perspicuously the structure of Aristotle’s arguments.

Whether argumentation competencies are associated with the kind of influence opportunities children have in their lives is the focus of this study. The hypothesis is that when children have the opportunity to initiate and evaluate arguments, hear others make and examine arguments, and participate equally in resolving disputes, children are able to develop their argument skills. Four argumentation competencies associated with critical discussions of proposals are identified: creating consensus about problematic situations, advocating proposals, facilitating behavioral commitment, and integrating identities. Second, (...) fourth, and sixth grade children completed tasks that assessed their influence opportunities and argument competencies. Children who perceived themselves to have many collaborative influence opportunities, that is, opportunities in which they could engage in mutual influence, had more highly developed argument competencies than children who did not have such opportunities. As predicted, this relationship occurred with the argument competencies of problem conception, proposal advocacy and facilitating commitment. Measures of non-collaborative influence opportunities were not associated with argument competencies. Together, the results suggest that discussions in which children are given the opportunity to influence and be influenced with arguments may provide the best context for children to develop their argument skills. (shrink)

In chapter one I consider two arguments for the claim that we ought to attribute linguistic knowledge to speakers of a natural language. The a priori argument has it that a theory of understanding reveals what it is that speakers of a language know about their language. The second argument takes the form of an inference to the best explanation, emphasising the idea that speaking and understanding a language is a rational activity carried on by agents with intention and (...) purpose. Linguistic knowledge is attributed to speakers as a way of making such a practice intelligible. ;In chapter two, I examine the several sceptical worries and substantive objections that have been raised to the idea of linguistic knowledge. None of these objections is fatal; rather they direct our attention to the need to specify what kind of knowledge linguistic knowledge is. ;In chapter three I argue that we do best to think of the notion of implicit linguistic knowledge as a "place-holder". ;In chapter four, I turn to a discussion of implicit belief, drawing a distinction between the way in which the content of a belief might be represented in an agent's brain and the kind of access she has to that content. I argue against an account of implicit belief that is motivated by concerns about representation, and for one that focuses on the kind of access an agent has to her implicit beliefs. ;In chapter five I attempt to sketch an account of implicit linguistic knowledge that fulfills its explanatory agenda while avoiding the objections discussed in earlier chapters. A speaker's implicit linguistic knowledge, understood as a set of articulated psychological states, grounds her full-blooded linguistic dispositions. This analysis of implicit linguistic knowledge is not subject to standard objections to that notion. Furthermore, it provides a "non-reductive" explanation of a speaker's language mastery, since it holds a middle ground between strictly biological, or neurophysiological accounts and purely behavioristic accounts of what makes an agent a speaker of a language. ;Finally, I take up the question of whether Dummett can accept my account of implicit linguistic knowledge. (shrink)

Though Jana Mohr Lone refers to children’s striving to wonder, to question, to figure out how the world works and where they fit as the “philosophical self,” like its parent discipline, it could be argued that the philosophical self is actually the “parent self,”—the wellspring of all the other aspects of personhood that we traditionally parse out, e.g., the intellectual, moral, social, and emotional selves. If that is the case, then to be blind to “The Philosophical Child,” the latter being (...) the title of Jana Mohr Lone’s book, is, in a sense then, to be blind to the child. Thus, though Mohr Lone says that the subject of her book is to assist parents in supporting the development of children’s philosophical selves, that claim may mask the gift that this lovely book can bring to the parent-child relationship if it is interpreted as helping children to become “smarty pants” in the sense of acquiring esoteric skills to excel in the ivory-tower discipline of academic philosophy. This is not the focus of this book. This is not an invitation to learn about the history of philosophy— about what some wise, usually white, usually men said about the fundamental questions that intrigue all humans. This is not an invitation to memorize and thus to sit in awe of what others think —as is too often the case in university classrooms. This book, rather, is a guide to how to actually philosophize—how to use questions to energetically and courageously make progress toward finding answers that one, through reflection, comes to believe are the best, given the reasons and evidence available. And to the degree that we and our children are successful, we give ourselves and our children the gift of continuously learning to become ever wiser. (shrink)

Life saving or life sustaining treatment may not be instigated in the clinical setting when such treatment is deemed to be futile and therefore not in the patient’s best interests. The concept of futility, however, is related to many assumptions about quality and quantity of life, and may be relied upon in a manner that is ethically unjustifiable. It is argued that the concept of futility will remain of limited practical use in making decisions based on the best (...) interests principle because it places such high demands on the individual responsible for decision making. This article provides a critical analysis of futility (in the context of the best interests decision-making principle), and proposes an ethically defensible notion of futility. (shrink)

The grammatical manipulation and production of language is a great deceiver. We have become habituated to accept the use of well-constructed language to indicate intelligence, understanding and, consequently, intention, whether conscious or unconscious. But we are not always right to do so, and certainly not in the case of large language models (LLMs) like ChapGPT, GPT-4, LLaMA, and Google Bard. This is a perennial problem, but when one understands why it occurs, it ceases to be surprising that it so stubbornly (...) persists. This paper will have three main sections. In the Introduction I will say a little about language, its aetiology, and useful sub-divisions into natural and cultural. In the second section I will explain the current situation with regard to large language models and fill in the background debates which set the problem up as one of increased complexity rather than one of a qualitatively different kind from narrow or specific AI. In the third section I will present the case for the missing phenomenological background and why it is necessary for the co-creation of shared meaning in both natural and cultural language, and I will conclude this section by presenting a rationale for why this situation arises and will continue to arise. Before we do any of this, I need to clarify one point: I do not wish to challenge the ascription of artificial general intelligence (AGI) to LLMs, indeed I think agnosticism is best in this respect, but I do challenge the more serious, and erroneous, ascription of understanding, intention, reason, and consciousness to them. And so, I am making two points: an epistemological one about why we fall into error in our ascription of a mental life to LLMs, and an ontological one about the impossibility of LLMs being or becoming conscious. (shrink)

From the standpoint of disability advocacy, further exploration of the concept of well-being stands to be availing. The notion that “welfarism” about disability, which Julian Savulescu and Guy Kahane debuted, qualifies as helpful is encouraged by their claim that welfarism shares important commitments with that advocacy. As becomes clear when they apply their welfarist frame to procreative decisions, endorsing welfarism would, in fact, sharply undermine it. Savulescu and Kahane's Principle of Procreative Beneficence—which reflects transhumanism, or advocacy of radical bioenhancement—morally requires (...) parents to choose the child who will, in all probability, have “the best life.” Assuming the emergence of potent biotechnologies, procreative decision-making would be highly standardized, for prospective parents would be morally obliged to maximize select capacities, including intelligence, self-control, and hedonic set-point, in their children. Welfarism, applied to reproduction, is staunchly objectivist about what course is incumbent on decision-makers, giving no credence to first-personal values, aspirations, and experiences. Though this dismissal of individual perspectives applies to everyone, its implications for disability advocacy are especially severe. With that advocacy in view, greater attention to “well-being” should, therefore, be severed from the welfarism of Savulescu and Kahane. (shrink)

In his essay ‘The Simple Art of Murder’, Raymond Chandler describes the world of the American detective story as ‘a world in which gangsters can rule nations and almost rule cities, in which hotels and apartment houses and celebrated restaurants are owned by men who made their money out of brothels, in which a screen star can be the fingerman for a mob, and the nice man down the hall is a boss of the numbers racket; a world where a (...) judge with a cellar full of bootleg liquor can send a man to jail for having a pint in his pocket, where the mayor of your town may have condoned murder as an instrument of money making, where no man can walk down a dark street in safety’. Nevertheless, ‘down these mean streets a man must go who is not himself mean, who is neither tarnished nor afraid. The detective in this kind of story must be such a man. He is the hero, he is everything. He must be a complete man and a common man and yet an unusual man. He must be, to use a rather weathered phrase, a man of honour, by instinct, by inevitability, without thought of it, and certainly without saying it. He must be the best man in his world and a good enough man for any world.’ What are the possibilities of being such a man in the world as we know it? The hero of the American detective story is not only a good man, and a man of honour, but also a man who must get things done. In Dashiel Hammett's Red Harvest he is the man who is sent in to clean up the pig-sty that is Poisonville, and in so doing he becomes poisoned himself. He has a choice between being effective and being good, but he cannot be both together. ‘Poisonville is right’, he says despairingly. ‘It's poisoned me.’. (shrink)

A concise, jargon-free guide to learning what Buddhist meditation is—and isn't—with advice on how to start a meditation practice If you want to meditate but have no idea where to begin, then best-selling author and Buddhist teacher Susan Piver is here to help. Her book Start Here Now contains everything you need to know in order to begin—and maintain—your own meditation practice. Piver covers a variety of essential topics such as: · What meditation is (and what it is (...) not) · The three most common misconceptions about meditation · How to overcome obstacles that get in the way of your practice · The positive effects of meditation on relationships, creativity, and difficult emotions · Frequently asked questions Piver presents meditation as something more than the self-help technique du jour—it is a path to love, joy, and courage. This book contains two self-paced meditation programs to help you start here—now! (shrink)

In the face of disobedience, and in the name of the short-term goal of a smooth-functioning and/or happy household, parents often feel caught between two diametrically opposed parenting strategies; make it happen or let it go. However, either strategy of dictator or friend can seriously jeopardize a child’s long-term best interests. If children, adolescents, young adults, full adults or oldsters are even to hear, let alone reasonably answer, the prudential and ethical “whys” that their intended actions scream, they will (...) need to attend to health of their unique human capacity to reason. They will need to understand deeply that reason is not a capacity to be used solely in academic endeavors and/or for making a living, but rather that reason’s prime function is to assist in making the best of all possible lives. If parents want their children to understand this, then they need to walk the talk and invite reason into their homes. The result will be that authoritarian parents will need to let go, while “parents as friends” will need to belly up to the bar, in order to entrench the first rule of a reasonable household and that is that the best reason always wins. (shrink)

Often a single question can spark a meaningful, fun exchange-- like "Would you apply for a job you know your friend is applying for?" Or "Should voting be mandatory?" Or what about police using facial recognition technology? Questions like these spur us to consider: What would I have done? Is there one correct answer? And ultimately: How can ethics help us navigate these situations to find the best outcome for ourselves and others? An ethicist who advises leaders and organizations (...) worldwide, Susan Liautaud asks intriguing questions that encourage lively discussion across a range of subjects, from family and friends to health and technology to politics, work, and consumer choices. She then walks through the way you might approach each situation to find the best answer for you. Grab the book, gather a few friends, and dive in!"--back cover. (shrink)

Plato's _Republic_ is one of the best-known and most widely-discussed texts in the history of philosophy. But how might we get to the heart of this work today, 2,500 years after its original composition? Alain Badiou breathes life into Plato's landmark text and revives its universality. Rather than producing yet another critical commentary, he has instead worked closely on the original Greek and, through spectacular changes, adapted it to our times. In this innovative reimagining of Plato's work, Badiou has (...) removed all references specific to ancient Greek society -- from lengthy exchanges about moral courage in archaic poetry to political considerations mainly of interest to the aristocratic elite -- and has expanded the range of cultural references. Here, philosophy is firing on all cylinders: Socrates and his companions are joined by Beckett, Pessoa, Freud, and Hegel, among others. Together these thinkers demonstrate that true philosophy endures, ready to absorb new horizons without changing its essence. Moreover, Badiou -- who is also a dramatist -- has transformed the Socratic dialogue into a genuine oratorial contest. In his version of the _Republic_, the interlocutors do much more than simply agree with Socrates. They argue, stand up to him, put him on the spot, and show thought in motion. In this work of dramatic scholarship and philosophy, we encounter a modern version of Plato's text that is alive, stimulating, and directly relevant to our own world. (shrink)

Plato's _Republic_ is one of the best-known and most widely-discussed texts in the history of philosophy. But how might we get to the heart of this work today, 2,500 years after its original composition? Alain Badiou breathes life into Plato's landmark text and revives its universality. Rather than producing yet another critical commentary, he has instead worked closely on the original Greek and, through spectacular changes, adapted it to our times. In this innovative reimagining of Plato's work, Badiou has (...) removed all references specific to ancient Greek society--from lengthy exchanges about moral courage in archaic poetry to political considerations mainly of interest to the aristocratic elite--and has expanded the range of cultural references. Here, philosophy is firing on all cylinders: Socrates and his companions are joined by Beckett, Pessoa, Freud, and Hegel, among others. Together these thinkers demonstrate that true philosophy endures, ready to absorb new horizons without changing its essence. Moreover, Badiou--who is also a dramatist--has transformed the Socratic dialogue into a genuine oratorial contest. In his version of the _Republic_, the interlocutors do much more than simply agree with Socrates. They argue, stand up to him, put him on the spot, and show thought in motion. In this work of dramatic scholarship and philosophy, we encounter a modern version of Plato's text that is alive, stimulating, and directly relevant to our own world. (shrink)

Recently the view that Plato moves from optimism to pessimism concerning the best sociopolitical condition has come under attack. The present article concurs that this disjunction is too simplistic and finds emphasis on the regulative status of the Republic’s ideal of unity to be salutary. It diverges, however, on how to interpret it thus construed and the implications of its status as regulative for the Republic’s tie to the Laws where human governance is concerned. While unity through aretē remains (...) the guiding telos of Magnesia, the route through which it is sought diverges substantially from that of Kallipolis. This article demonstrates that it stretches the notion beyond all reasonable limits to call the Laws’ unity an approximation of the Republic’s and its infrastructure for communal maintenance, above all, the nocturnal council, the approximation of philosopher-rulers for which the earlier dialogue calls. (shrink)

In informal terms, abductive reasoning involves inferring the best or most plausible explanation from a given set of facts or data. It is a common occurrence in everyday life and crops up in such diverse places as medical diagnosis, scientific theory formation, accident investigation, language understanding, and jury deliberation. In recent years, it has become a popular and fruitful topic in artificial intelligence research. This volume breaks new ground in the scientific, philosophical, and technological study of abduction. It presents (...) new ideas about inferential and information-processing foundations for knowledge and certainty. The authors argue that knowledge arises from experience by processes of abductive inference, in contrast to the view that it arises non-inferentially, or that deduction and inductive generalization are enough to account for knowledge. Much AI research is hypothetical, so the importance of this book is that it reports key discoveries about abduction that have been made as a result of designing, building, testing, and analyzing actual working knowledge-based systems for medical diagnosis and other abductive tasks. The book tells the story of six generations of increasingly sophisticated generic abduction machines, RED-1, RED-2, PEIRCE, MDX2, TIPS, QUAWDS, and the discovery of reasoning strategies that make it computationally feasible to form well-justified composite explanatory hypotheses, despite the threat of combinatorial explosion. The final chapter argues that perception is logically abductive and presents a layered-abduction computational model of perceptual information processing. This book will be of great interest to researchers in AI, cognitive science, and philosophy of science. (shrink)

It is now medically possible for a baby to have two biological mothers. A fertilized ovum from one woman can be implanted into a second woman for gestation in her uterus. In fact, there have been several such cases. The ova donor is the mother in the genetic sense: her genetic material,along with that of the sperm donor,appears in the developing baby. The uterine hostess is the birth mother: she gestates the fetus and gives birth to it. In essence, the (...) two female reproductive functions, genetic and gestational, can be and have been divided from each other. Our current conception of biological maternity has lagged behind these technological marvels and still assumes that both functions will be performed by the same woman. At a time when two "biological mothers" can and do make claims for the same child,each on the ground that she is the "true mother", it is crucial to examine our concepts of biological maternity and their relation to our social policies about maternity in these cases. In this paper I will argue that the best social and legal policy would involve a prima facie preference for the claims of the gestational mother over the claims of the genetic mother for custody of the child in a contest (if there is no question of parental unfitness on either side). That is, in any dispute, presumption should be in favor of the gestational mother. This argument is made independent of considerations about pre-birth and pre-conception contracts, because the issues raised about the roles of gestational and genetic maternity are substantial in themselves and have obvious implications about the acceptability of such contracts.Rather, I argue that a revision of our concept of biological maternity which emphasizes the importance of gestation and which would prefer the claims of the gestational over the genetic mother would have positive benefits for both women and newborns. (shrink)

Book synopsis: The influential philosopher Richard Rorty is the focus of volume 32 in the world-renowned Library of Living Philosophers series. The book includes Rorty's intellectual autobiography, 29 previously unpublished critical and descriptive essays by famous scholars, Rorty's replies to most of the essays, and a complete bibliography of Rorty's published works. Since Rorty passed away in 2007, his contributions to this volume are among the last things he wrote. Rorty is tremendously important. He transformed the discipline of philosophy during (...) the last quarter of the 20th century, while setting it on a new path for the 21st. In epistemology, the philosophy of language, culture, value, and politics, the impact of his thought is impossible to measure. Having achieved early prominence as a theorist and practitioner of analytic philosophy, Rorty pointed criticism at these accepted pursuits and methods of philosophy, particularly attacking widespread preoccupation with questions of truth, representation, and the foundations of knowledge. For better or worse, Rorty became the center of tremendous controversy, within and beyond the academy. Yet, his critique found its mark, providing a touchstone for numberless others to step into a more open marketplace of ideas. For nearly thirty years, Rorty promoted a new type of philosophical pragmatism with great persuasive power, and many have credited him with creating the renewed interest in the thought of classical American philosophy, especially in his hero John Dewey, with whom Rorty increasingly identified his own aims as his thought matured. Always controversial, Rorty's books and essays were read as carefully by his critics as by his admirers, and it seems that almost everyone holds a strong opinion about his writings, whether positive or negative, with very few thinkers to be found between these extremes. This volume brings together many of Rorty's best critics and supporters for a comprehensive assessment of his achievement and a final defense of the views for which he became so widely known. Rorty devoted some of his final energies to this volume. It stands as his final response to the intellectual world. (shrink)

Over the last twenty‐five years, feminist theory has been at the forefront of cultural, disciplinary, and philosophical critique. Yet feminists continue to be represented as engaged in specialized projects of concern only to women or, at best, those interested in “gender issues.” I argue that this is not merely a bit of residual sexism, but a powerful conceptual map which keeps feminist scholarship, no matter how broad its concerns, located in the region of what Simone de Beauvoir called “the (...) Other.” I expose, critique, and explore the consequences of this construction in several contemporary intellectual arenas. (shrink)

The crucial point of Brill’s study is that of fit: which critical methods prove most useful towards opening up which texts? Close investigations into the parameters of the language games of texts, critics, and methods enable us to determine which paths to take towards more complete descriptive analyses and critique. Such an emphasis on the philosophical method of Ludwig Wittgenstein reorients literary criticism to involve a conjoint responsibility to both reader and text as the literary critic assumes the humbler role (...) of a guide who assists a reader in/to diverse literary texts. Wittgenstein’s philosophical approach provides us with a strong means of developing such a method for literary criticism—a method that points the way forward beyond postmodern criticisms and to a categorically new approach to literary texts. Brill’s work discusses at length the implications of Wittgenstein for literary criticism and theory. The volume specifically investigates the implications of Wittgenstein’s work for a number of contemporary critical orientations. In addition, the research includes actual applications of Wittgenstein for literary criticism: diverse literary texts are approached via a Wittgensteinian method as a means of discerning which critical approaches might be more or less efficacious. Not only does the book provide a solid introduction to Wittgensteinian philosophy for the critical scholars, but it also provides a clear methodology useful to critics seeking a means to navigate through the entanglement of contemporary criticism and theory. Brill argues that a reliance upon the philosophy of Ludwig Wittgenstein can enable literary critics to escape the seemingly endless dialectic between modern and postmodern theory. Instead of debating which theory is theoretically best, we need to describe when theories work—and when they do not. (shrink)

These interviews with Hélène Cixous offer invaluable insight into her philosophy and criticism. Culled from newspapers, journals, and books, _White Ink_ collects the best of these conversations, which address the major concerns of Cixous's critical work and features two dialogues with twentieth-century intellectuals Michel Foucault and Jacques Derrida. The interviews in _White Ink_ span more than three decades and include a new conversation with Susan Sellers, the book's editor and a leading Cixous scholar and translator. Cixous discusses her (...) work and writing process. She shares her views on literature, feminism, theater, autobiography, philosophy, politics, aesthetics, religion, ethics, and human relations, and she reflects on her roles as poet, playwright, professor, woman, Jew, and, her most famous, "French feminist theorist." Sellers organizes _White Ink_ in such a way that readers can grasp the development of Cixous's commentary on a series of vital questions. Taken together, the revealing performances in _White Ink_ provide an excellent introduction this thinker's brave and vital work—each one an event in language and thought that epitomizes Cixous's intellectual and poetic force. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 33.3 (2000) 193-220 [Access article in PDF] Unveiling Esther as a Pragmatic Radical Rhetoric Susan Zaeske Ahasuerus, king of Persia, hosted in the courtyard of his pavilion a grand feast bountiful in royal wine. Likewise, Queen Vashti gave a feast for the women in the king's palace. On the last day of the celebration, an inebriated Ahasuerus commanded Vashti to appear wearing her crown (only (...) her crown, according to some interpretations 1 ) to show the people her beauty. She refused. Burning with anger, Ahasuerus consulted his advisors with regard to how he should respond to the affront. They concluded that not just the king, but all husbands of the kingdom had been wronged. They advised the king to depose Vashti and issue a law commanding all wives to obey their husbands. Following this advice, Ahasuerus uncrowned Vashti and selected as his new queen the beautiful Esther, who hid the fact that she was a Jew.Esther had been raised in the provinces by her cousin, Mordecai, 2 who came with her to the king's city. One day when Mordecai encountered the king's prime minister, Haman, he refused to obey the law commanding all to bow before the king's official because Haman was an infamous enemy of the Jews. Haman was so angered by Mordecai's insolence that he decided to seek revenge by destroying not just Mordecai, but all the Jews in the kingdom. After casting lots to determine the best time to approach the king, Haman obtained Ahasuerus's permission to annihilate the Jews.When he learned of the imminent execution, Mordecai put on sackcloth and ashes and made his way through the streets of Susa, wailing. Through a messenger, Mordecai bid Esther to intercede with the king on behalf of her people. She protested that doing so would be a dangerous act because approaching the king without summons was an offense punishable by death. Reminded by Mordecai that inaction on her part meant death for her people, and possibly herself, Esther resolved to beseech the king. She commanded Mordecai to gather all the Jews in the city to fast and pray for her for three days. Then, Esther pledged, "I will go to the king, even though it is against the law. And if I perish, I perish!" (Esther 4:16). [End Page 193]On the third day, Esther stood waiting in the inner courtyard of the palace, in front of the king's quarters, where he was sitting on his throne. When Ahasuerus noticed the queen, she won his favor and he extended his gold scepter. The king then said to her, "What do you want Queen Esther? What is your petition? Even if it be half of my kingdom, you may have it"(Esther 5:3). Esther did not immediately state her request, but invited the king and Haman to a banquet she would prepare for them. At the banquet, the king again invited her request. Again, she deferred, instead asking both men to another banquet.During the night between banquets, the king suffered a bout of insomnia and ordered the book of records brought to him. Ahasuerus read that Mordecai the Jew had saved his life by informing the king's guards of an assassination plot. The next day, the king asked Haman how best to honor a man for his loyalty. Thinking that Ahasuerus wished to honor him, Haman suggested that such a man should be paraded through the streets on a fine horse. To Haman's horror, he was ordered to lead a celebratory parade for his worst enemy, Mordecai.Haman was so distraught that he was almost late for the second banquet in the queen's chambers. Once all were assembled, the king repeated his offer to receive Esther's petition. She answered, "If I have obtained your favor, Your Majesty and if it please the king, let my life be granted to me at my request. And my people's at my petition! For we've been sold, I and my people, for destruction! For slaughter and annihilation... (shrink)

The world perceived by a person undergoing vision without inversion of the retinal image has traditionally been described as inverted. Drawing on the philosophical work of Maurice Merleau-Ponty and the empirical research of Hubert Dolezal, I argue that this description is more reflective of a representationist conception of vision than of actual visual experience. The world initially perceived in vision without inversion of the retinal image is better described as lacking in lived significance rather than inverted; vision without inversion of (...) the retinal image affects the very content of the perceived world, including, importantly, its expressions and conducts, and not merely the orientation of this content. Moreover, I argue that the enactive approach, rather than a representationist approach, is best able to account for the perception of the world, after prolonged vision without inversion of the retinal image, as both normal and upright, yet still different from the world seen previously. Finally, in their attention to the perception of other people’s facial expressions, I argue that Merleau-Ponty and Dolezal draw out the existential significance of the enactive approach. In encountering another person, the most pressing task is generally not to observe this person’s features but, instead, to engage with this person’s expressions. (shrink)

China has undergone a media revolution that has transformed the domestic context for making foreign policy as well as domestic policy. The commercialization of the mass media has changed the way leaders and publics interact in the process of making foreign policy. As they compete with one another, the new media naturally try to appeal to the tastes of their potential audiences. Editors make choices about which stories to cover based on their judgments about which ones will resonate best (...) with audiences. In China today, that means a lot of stories about Japan, Taiwan, and the United States, the topics that are the objects of Chinese popular nationalism. The publicity given these topics makes them domestic political issues because they are potential focal points for elite dis-agreement and mass collective action, and thereby constrains the way China' leaders and diplomats deal with them. Even relatively minor events involving China' relations with Japan, Taiwan, or the United States become big news, and therefore relations with these three governments must be carefully handled by the politicians in the Communist Party Politburo Standing Committee. Because of the Internet, it is impossible for Party censors to screen out news from Japan, Taiwan or the United States that might upset the public. Common knowledge of such news forces officials to react to every slight, no matter how small. Foreign policy makers feel especially constrained by nationalist public opinion when it comes to its diplomacy with Japan. Media marketization and the Internet have helped make Japan China' most emotionally charged international relationship. (shrink)

Memes are not best understood as semantic information stored in brains, but rather, as whatever is imitated or copied in culture. Whereas other theories treat culture as an adaptation, for memetics it is a parasite turned symbiont that evolves for its own sake. Memetics is essential for understanding today's information explosion and the future evolution of culture. (Published Online November 9 2006).

This essay looks at the way in which the end of the world syndrome manifests itself regularly as a form of human consciousness. It makes us alert to the possibility of our own instant expiry, causing us both to introspect, as well as to imagine the future of the species. Digitalization and digitization of trauma permits us to see the normality of death as an every present occurrence. Within this context, words have tremendous power, showing us that at each moment (...) we are being ushered into a space not necessarily of our own making. While it frightens us, yet the choices we have are limited to the class and ethnic locations of our everyday survival. While we live, we dream. Negation does not end ambition, it only proves the ephemerality of individual existence and makes us seek to use time as best as our imagination and survival capabilities allow. Our sadness about corporeality is mitigated by the dream we have of species continuity. (shrink)

A charming black-figured olpe in the Ashmolean Museum, Oxford shows two warriors playing a game. Between them stands the goddess Athena, an alert figure looking sharply to the left while holding her shield to the right. She holds it rather tactlessly, for the shield entirely obscures the head of the right-hand warrior. Although Cassandra, clinging desperately to the statue of Athena, sometimes has her head obscured in a similar manner behind the goddess's shield, it seems more likely that the painter (...) here has simply misjudged the space available than that he has conflated two iconographical types.The Oxford olpe, though imperfectly planned and executed, is clearly an example of the subject which is best known through the beautiful amphora in the Vatican painted by Exekias. Exekias represented two warriors playing a game at least twice, and is generally believed to have been the first to paint this theme on a vase. (shrink)

In "Disabilities and First-Person Testimony: A Case of Defeat?" Hilary Yancey argues that in at least some cases we have “no significant reason to distrust” the evidential value of first-person testimony concerning the impact of a physical disability on that individual’s well-being. Her argument is premised on a defeasible principle of trust: One should trust the testimony of others regarding p whenever one recognizes that the testifier is in a position to know p. Since the subjective component of wellbeing is (...) fist-person privileged, that is, ordinarily the subject herself is in the best position to know, an audience to such testimony must be aware of a defeater in order to shift the burden of proof and block the testimony from counting as evidence. In the body of the paper Yancey argues that 1) conflicting first-person testimony does not constitute an inescapable content defeater and 2) neither irrational adaptive preferences nor low life expectations inescapably undercuts the reliability of these testifiers regarding matters of their own subjective well-being. The burden of proof is not globally shifted by either kind of defeater, Yancey argues, so at least some first-person testimony about disability must inform our beliefs about the nature of disabilities. In my comment I ask and attempt to answer three questions on Yancy’s behalf, then invite her to set me straight if I have it wrong. I go Kantian along the way. 1. Whence arises the worry, and why focus on these defeaters? 2. How common is PNT, anyway, and why does it matter? 3. On what grounds should we distrust PNT in particular cases? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Landmark Legal Cases in BioethicsSusan Cartier Poland (bio)Only a few decades old, the interdisciplinary field of bioethics has developed surrounded by centuries of legal tradition and moral philosophy. Bioethics and the law have weaved back and forth over time influencing each field. Sometimes ethics leads the debate on problematical issues; for example, the Recombinant DNA Advisory Committee at the National Institutes of Health established regulations prior to initiating human (...) gene therapy. At other times, law takes over; Roe v. Wade, for example, has polarized and closed public discussion on abortion. Most frequently, however, scientific developments initiate discussion in both fields, as when the announcement of the birth of Dolly—the first cloned mammal—sparked President Clinton to ask the National Bioethics Advisory Commission for a report on cloning.A back-and-forth pattern also exists within the law itself, this time between legislator and judge. Legislators enact statutes, which apply universally to regulate conduct in society. Judges, on the other hand, interpret statutes and apply them to particular cases to resolve disputes between parties. Case law, as judge-made law is called, that grows in the absence of legislation becomes the common law. Legislatures can change the course of common law development by enacting more law, usually as amendments, but sometimes as repeals. A judge who sees the facts of a case or the law differently may also change the common law. And so the counterpoint between legislator and judge goes.A legal case becomes a landmark in bioethics because of its historical or precedential value to the field. Historical cases reflect judicial reasoning or rationalization that lays the conceptual foundation for a bioethical principle. Perhaps the best known example of this is the focus on the right to self-determination in Schloendorff that led to the development of informed consent. The principle of autonomy in bioethics derives its legal impetus from this line of cases.A case that acquires landmark status because of its precedential value does so for one of two reasons based on legal precedents. First, the case may be one of “first impression.” In the legal sense, that means that the particular case with its [End Page 191] facts or issues is the first one that a particular court has confronted within that court’s jurisdiction or area of decision-making authority. To be a landmark in bioethics, however, the ordinary sense of “first impression” applies. The first time that a particular bioethical topic has appeared in court for legal resolution makes a case one of “first impression” for bioethics. The case of Baby M on surrogacy contracts illustrates this.The second way in which a case can achieve landmark status based on precedents involves legal precedent and the jurisdictional basis of the court system. Under the common law system, a preceding case that involves the same or similar facts or issues as a current case must be followed by lower—i.e., less authoritative—courts in the same jurisdiction. That judicial rule of decision making is called stare decisis. It creates an institution of continuity, yet allows for change due to differences in judicial interpretation of facts and issues, which is called distinguishing the case.All courts under United States jurisdiction must follow the U.S. Supreme Court. By its sheer power of authority, the Court issues opinions that, if they concern bioethical topics, make cases landmarks in bioethics. For example, Roe v. Wade made abortion legal and set off the debate between maternal and fetal rights. Casey later refined, or to some redefined with a discussion of stare decisis, the bioethical underpinnings of Roe by framing the debate as one between maternal rights and state interests.In law, precedents concern only appellate cases. Trial courts, like that in McFall v. Shimp, handle questions of both fact and law. Appellate courts, like that in Brotherton, hear appeals from the lower trial courts and address legal issues only. Trial judges apply the law to facts, and appellate judges reason about the trial judge’s legal interpretation.Appellate court decisions are the ones most frequently published, either in print or electronically online, for citation. Consequently they are the easiest to locate and retrieve. “Reporters” as... (shrink)