This article assesses the development of Rawls’s thinking in response to a generation of feminist critique. Two principle criticisms are sustainable throughout his work: first, that the family, as a basic institution of society, must be subject to the principles of justice if its members are to be free and equal members of society; and, second, that without such social and political equality, justice as fairness is as meaningful to women as the unrealized promise of ‘Forty acres and a mule’ (...) was to the newly freed slaves. (shrink)

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

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

The legal environment -- Regulation of nursing practice -- Nurses in legal actions -- Standards of care -- Defenses to negligence or malpractice -- Prevention of malpractice -- Nurses as witnesses -- Professional liability insurance -- Accepting or refusing an assignment/patient abandonment -- Delegation to unlicensed assistive personnel -- Patients' rights and responsibilities -- Confidential communication -- Competency and guardianship -- Informed consent -- Refusal of treatment -- Pain control -- Patient teaching and health counseling -- Medication administration -- Clients (...) with AIDS and HIV testing -- Abusive situations -- Reproductive services -- Restraints -- Emergency psychiatric admissions -- Organ and tissue donation and transplantation -- Discharge against medical advice -- The medical record and documentation standards -- Electronic health information and communications -- Interdependent nursing functions: verbal orders and telenursing -- Event reporting and compliance -- Quality and safety in nursing practice -- Forensic issues -- Employer and employee rights -- Contracts -- Corporate liability -- Employment contracts and unionization -- Employment status liability -- Staffing issues and floating -- Americans with Disabilities Act -- Employees with AIDS/HIV infection and exposure to bloodborne pathogens -- Impaired nurses -- Sexual harassment in the workplace -- Violence in the workplace -- Intentional torts -- Environmental health and safety -- Ethical decision making -- Professional boundaries and patient relationships -- Moral courage and patient advocacy -- Social media and online professionalism -- Reporting illegal, unethical, or unsafe conduct -- Maternal versus fetal rights -- Futility of care -- Advance directives and end-of-life decisions -- Assisted suicide. (shrink)

Background Dynamic consent has been proposed as a process through which participants and patients can gain more control over how their data and samples, donated for biomedical research, are used, resulting in greater trust in researchers. It is also a way to respond to evolving data protection frameworks and new legislation. Others argue that the broad consent currently used in biobank research is ethically robust. Little empirical research with cohort study participants has been published. This research investigated the participants’ opinions (...) of adding a dynamic consent interface to their existing study. Methods Adult participants in the Extended Cohort for E-health, Environment and DNA longitudinal cohort study who are members of the EXCEED Public and Participant Engagement Group were recruited. Four focus groups were conducted and analysed for thematic content. Discussion topics were derived from a review of the current literature on dynamic consent. Results Participants were in favour of many aspects of a dynamic consent interface, such as being able to update their information, add additional data to their records and choose withdrawal options. They were supportive provided it was simple to use and not intrusive. Participants expressed a markedly high level of trust in the study and its investigators and were unanimously happy with their current participation. No strong support was found for adding a dynamic consent interface to EXCEED. Conclusions Trust in the study researchers was the strongest theme found. Openness and good data security were needed to retain their trust. While happy to discuss dynamic consent, participants were satisfied with the current study arrangements. There were indications that changing the study might unnecessarily disturb their trust. This raised the question of whether there are contexts where dynamic consent is more appropriate than others. This study was limited by the small number of participants who were committed to the study and biased towards it. More research is needed to fully understand the potential impact of adding a dynamic consent interface to an existing cohort study. (shrink)

Only human beings have a rich conceptual repertoire with concepts like tort, entropy, Abelian group, mannerism, icon and deconstruction. How have humans constructed these concepts? And once they have been constructed by adults, how do children acquire them? While primarily focusing on the second question, in The Origin of Concepts , Susan Carey shows that the answers to both overlap substantially. Carey begins by characterizing the innate starting point for conceptual development, namely systems of core cognition. Representations of core (...) cognition are the output of dedicated input analyzers, as with perceptual representations, but these core representations differ from perceptual representations in having more abstract contents and richer functional roles. Carey argues that the key to understanding cognitive development lies in recognizing conceptual discontinuities in which new representational systems emerge that have more expressive power than core cognition and are also incommensurate with core cognition and other earlier representational systems. Finally, Carey fleshes out Quinian bootstrapping, a learning mechanism that has been repeatedly sketched in the literature on the history and philosophy of science. She demonstrates that Quinian bootstrapping is a major mechanism in the construction of new representational resources over the course of childrens cognitive development. Carey shows how developmental cognitive science resolves aspects of long-standing philosophical debates about the existence, nature, content, and format of innate knowledge. She also shows that understanding the processes of conceptual development in children illuminates the historical process by which concepts are constructed, and transforms the way we think about philosophical problems about the nature of concepts and the relations between language and thought. (shrink)

In this important book, Susan Hurley sheds new light on consciousness by examining its relationships to action from various angles. She assesses the role of agency in the unity of a conscious perspective, and argues that perception and action are more deeply interdependent than we usually assume. A standard view conceives perception as input from world to mind and action as output from mind to world, with the serious business of thought in between. Hurley criticizes this picture, and considers (...) how the interdependence of perceptual experience and agency at the personal level (of mental contents and norms) may emerge from the subpersonal level (of underlying causal processes and complex dynamic feedback systems). Her two-level view has wide implications, for topics that include self-consciousness, the modularity of mind, and the relations of mind to world. The self no longer lurks hidden somewhere between perceptual input and behavioral output, but reappears out in the open, embodied and embedded in its environment. Hurley traces these themes from Kantian and Wittgensteinian arguments through to intriguing recent work in neuropsychology and in dynamic systems approaches to the mind, providing a bridge from mainstream philosophy to work in other disciplines. Consciousness in Action is unique in the range of philosophical and scientific work it draws on, and in the deep criticism it offers of centuries-old habits of thought. (shrink)

The nature/nurture debate is not dead. Dichotomous views of development still underlie many fundamental debates in the biological and social sciences. Developmental systems theory offers a new conceptual framework with which to resolve such debates. DST views ontogeny as contingent cycles of interaction among a varied set of developmental resources, no one of which controls the process. These factors include DNA, cellular and organismic structure, and social and ecological interactions. DST has excited interest from a wide range of researchers, from (...) molecular biologists to anthropologists, because of its ability to integrate evolutionary theory and other disciplines without falling into traditional oppositions. The book provides historical background to DST, recent theoretical findings on the mechanisms of heredity, applications of the DST framework to behavioral development, implications of DST for the philosophy of biology, and critical reactions to DST. (shrink)

A theory of conceptual development must specify the innate representational primitives, must characterize the ways in which the initial state differs from the adult state, and must characterize the processes through which one is transformed into the other. The Origin of Concepts (henceforth TOOC) defends three theses. With respect to the initial state, the innate stock of primitives is not limited to sensory, perceptual, or sensorimotor representations; rather, there are also innate conceptual representations. With respect to developmental change, conceptual development (...) consists of episodes of qualitative change, resulting in systems of representation that are more powerful than, and sometimes incommensurable with, those from which they are built. With respect to a learning mechanism that achieves conceptual discontinuity, I offer Quinian bootstrapping. TOOC concludes with a discussion of how an understanding of conceptual development constrains a theory of concepts. (shrink)

Institutional review board delays may hinder the successful completion of federally funded research in the U.S. military. When this happens, time-sensitive, mission-relevant questions go unanswered. Research participants face unnecessary burdens and risks if delays squeeze recruitment timelines, resulting in inadequate sample sizes for definitive analyses. More broadly, military members are exposed to untested or undertested interventions, implemented by well-intentioned leaders who bypass the research process altogether. To illustrate, we offer two case examples. We posit that IRB delays often appear in (...) the service of managing institutional risk, rather than protecting research participants. Regulators may see more risk associated with moving quickly than risk related to delay, choosing to err on the side of bureaucracy. The authors of this article, all of whom are military-funded researchers, government stakeholders, and/or human subject protection experts, offer feasible recommendations to improv... (shrink)

In this book, Susan Mendus seeks to address these important questions to assess whether this apparent tension between morality and politics is real and, if so, ...

Throughout, the emerging theory of aspect is extensively compared with alternative theories, and the book concludes with general reflections on the semantic ...

To what extent can animal behaviour be described as rational? What does it even mean to describe behaviour as rational? -/- This book focuses on one of the major debates in science today - how closely does mental processing in animals resemble mental processing in humans. It addresses the question of whether and to what extent non-human animals are rational, that is, whether any animal behaviour can be regarded as the result of a rational thought processes. It does this with (...) attention to three key questions, which recur throughout the book and which have both empirical and philosophical aspects: What kinds of behavioural tasks can animals successfully perform? What if any mental processes must be postulated to explain their performance at these tasks? What properties must processes have to count as rational? The book is distinctive in pursuing these questions not only in relation to our closest relatives, the primates, whose intelligence usually gets the most attention, but also in relation to birds and dolphins, where striking results are also being obtained. -/- Some chapters focus on a particular species. They describe some of the extraordinary and complex behaviour of these species - using tools in novel ways to solve foraging problems, for example, or behaving in novel ways to solve complex social problems - and ask whether such behaviour should be explained in rational or merely mechanistic terms. Other chapters address more theoretical issues and ask, for example, what it means for behaviour to be rational, and whether rationality can be understood in the absence of language. -/- The book includes many of the world's leading figures doing empirical work on rationality in primates, dolphins, and birds, as well as distinguished philosophers of mind and science. The book includes an editors' introduction which summarises the philosophical and empirical work presented, and draws together the issues discussed by the contributors. (shrink)

The Republic’s political discussion begins with the construction of two contrasting cities: a ‘healthy’ city and a ‘city with a fever’; one defined by environmentally sustainable subsistence practices and the other by ‘luxurious’ over consumption that exceeds the carrying capacity of its land. Plato’s characters proceed to cure the inflamed city of its fever, resulting in the delineation of the ideal political constitution, the Kallipolis, which recovers the virtues of the original, healthy city in an altered form. This paper develops (...) an ecological reading of the Republic, highlighting Plato’s optimism regarding humans’ ability to limit their material consumption in accordance with the limits of the natural world. The conventional interpretation of the Republic’s first city, known as ‘the city of pigs’, is reconsidered in light of new socio-ecological research on traditional resource management systems. (shrink)

I ARGUE THAT WE RECEIVE PLEASURE FROM TRAGEDIES BECAUSE WE ARE PLEASED TO FIND OURSELVES RESPONDING IN AN UNPLEASANT WAY TO HUMAN SUFFERING AND INJUSTICE. THE PLEASURE IS THUS A METARESPONSE, AND REFLECTS FEELINGS WHICH ARE AT THE BASIS OF MORALITY. THIS HELPS EXPLAIN WHY TRAGEDY IS SUPPOSED TO BE A HIGHER ART FORM THAN COMEDY, AND PROVIDES A NEW WAY OF SEEING THE RELATIONSHIP BETWEEN THE MORALITY OF AN ARTWORK AND ITS VALUE.

This work examines the evolution of law and legal method, and challenges the law's claim to neutrality by examining its role in creating and reproducing inequality between the sexes. It considers many of the current debates, and in each, the law is stated with reference to recent developments in statute and judicial decisions in the UK and other jurisdictions. The author illustrates how each issue is shaped by the current political climate and, where relevant, by the European Court. Reference is (...) also made to US and Australian case law. The book should be of interest to students studying women and the law, family law, criminal law and jurisprudcence, as well as those on criminology and sociology courses. It should also be useful to family and criminal practitioners. (shrink)

Externalism comes in varieties. While the landscape isn.

Most answers to the mind-body problem are claims about the nature of mental properties and substances. But advocates of non-reductive physicalism have generally neglected the topic of the nature of substance, quickly nodding to the view that all substances are physical, while focusing their intellectual energy on understanding how mental properties relate to physical ones. Let us call the view that all substances are physical or are exhaustively composed of physical substances substance physicalism (SP). Herein, I argue that non-reductive physicalism (...) (NRP) cannot uphold substance physicalism and is thereby false. For NRP faces a mind problem: its commitment to property irreducibility prevents that which bears the mental properties—the mind, or on some views, the self or person—from being a physical thing. (shrink)

Does Spinoza present philosophy as the preserve of an elite, while condemning the uneducated to a false though palliative form of ‘true religion’? Some commentators have thought so, but this contribution aims to show that they are mistaken. The form of religious life that Spinoza recommends creates the political and epistemological conditions for a gradual transition to philosophical understanding, so that true religion and philosophy are in practice inseparable.

Spoiled Distinctions investigates crises of evaluation in twentieth-century France. Taking Marcel Proust as its central figure, the book theorizes the disorienting force of everyday aesthetic experience. In a series of surprising readings, Hannah Freed-Thall frees Proust from his reputation as the most refined of high modernists. The author of In Search of Lost Time appears here as a journalist and newspaper enthusiast, a literary ventriloquist and connoisseur of popular scandals, and a writer attentive to the unsophisticated phenomenology of the (...) here and now.The final chapters of the book consider the legacy of Proust's experiments with inestimable worth. Authors Francis Ponge, Nathalie Sarraute, and Yasmina Reza also explore the underside of cultural distinction. With Proust, they elaborate modernist variations on the beautiful and sublime--from nuance to the "whatever" and from the awkward to the sickly-sweet. Spoiled Distinctions thus revitalizes the critical discourse on aesthetics. Mapping the intersection of phenomenology, aesthetic theory, and the sociology of culture, the book reveals how enchanting the ordinary can be. (shrink)

Compiles the photographs taken by Leonard Freed of the 1963 March on Washington for Jobs and Freedom, during which Dr. Martin Luther King Jr. delivered his "I Have a Dream" speech.

BackgroundGenealogical research and ancestry testing are popular recreational activities but little is known about the impact of the use of these services on clients’ biological and social families. Ancestry databases are being enriched with self-reported data and data from deoxyribonucleic acid analyses, but also are being linked to other direct-to-consumer genetic testing and research databases. As both family history data and DNA can provide information on more than just the individual, we asked whether companies, as a part of the consent (...) process, were informing clients, and through them clients’ relatives, of the potential implications of the use and linkage of their personal data.MethodsWe used content analysis to analyse publically-available consent and informational materials provided to potential clients of ancestry and direct-to-consumer genetic testing companies to determine what consent is required, what risks associated with participation were highlighted, and whether the consent or notification of third parties was suggested or required.ResultsWe identified four categories of companies providing: 1) services based only on self-reported data, such as personal or family history; 2) services based only on DNA provided by the client; 3) services using both; and 4) services using both that also have a research component. The amount of information provided on the potential issues varied significantly across the categories of companies. ‘Traditional’ ancestry companies showed the greatest awareness of the implications for family members, while companies only asking for DNA focused solely on the client. While in some cases companies included text recommending clients inform their relatives, showing they recognised the issues, often it was located within lengthy terms and conditions or privacy statements that may not be read by potential clients.ConclusionsWe recommend that companies should make it clearer that clients should inform third parties about their plans to participate, that third parties’ data will be provided to companies, and that that data will be linked to other databases, thus raising privacy and issues on use of data. We also suggest investigating whether a ‘generational consent’ should be created that would include more than just the individual in decisions about participating in genetic investigations. (shrink)

The epistemological analysis offered in this paper reveals that a combination of pieces of evidence, none of them sufficient by itself to warrant a causal conclusion to the legally required degree of proof, may do so jointly. The legal analysis offered here, interlocking with this, reveals that Daubert’s requirement that courts screen each item of scientific expert testimony for reliability can actually impede the process of arriving at the conclusion most warranted by the evidence proffered.

Les milliers de milliards de dollars injectés pour renflouer les institutions financières pèseront sur les économies intérieures pour les années à venir. Mais les interventions massives des États ont-elles signé la fin du modèle néolibéral ? Au plan idéologique, les créations de richesse mirifiques de la haute finance ont été son principal instrument de légitimation. On a senti, et pas seulement à gauche, que le paradigme néolibéral ne sortirait pas indemne de la crise, qui pouvait même porter un coup fatal (...) à l’hégémonie américaine. L’humiliation des géants de Wall Street semblait indiquer que le monde se trouvait au seuil d’une nouvelle ère. Entre-temps, le système financier a été stabilisé sans qu’aucun de ses problèmes de fond n’ait été résolu. Malgré le déferlement d’analyses consacrées à la crise, sa portée historique reste obscure. À quoi la crise de septembre 2008 a-t-elle mis fin ? À quoi n’a-t-elle pas mis fin ? (shrink)

_A surprising, sweeping, and deeply researched history of empathy—from late-nineteenth-century German aesthetics to mirror neurons_ _Empathy: A History_ tells the fascinating and largely unknown story of the first appearance of “empathy” in 1908 and tracks its shifting meanings over the following century. Despite empathy’s ubiquity today, few realize that it began as a translation of _Einfühlung _or “in-feeling” in German psychological aesthetics that described how spectators projected their own feelings and movements into objects of art and nature. Remarkably, this early (...) conception of empathy transformed into its opposite over the ensuing decades. Social scientists and clinical psychologists refashioned empathy to require the deliberate putting aside of one’s feelings to more accurately understand another’s. By the end of World War II, interpersonal empathy entered the mainstream, appearing in advice columns, popular radio and TV, and later in public forums on civil rights. Even as neuroscientists continue to map the brain correlates of empathy, its many dimensions still elude strict scientific description. This meticulously researched book uncovers empathy’s historical layers, offering a rich portrait of the tension between the reach of one’s own imagination and the realities of others’ experiences. (shrink)