While parents have traditionally provided proxy consent for minors to participate in research, this has proven inadequate for adolescents who are mentally and emotionally capable of making their own decisions. Research has proven that even young children, and certainly most adolescents, are developmentally prepared to make such decisions for themselves. The author challenges the assumption that both consent and assent are static concepts, and proposes that a sliding scale of competence be created to ascertain the adolescent's comprehension of the proposed (...) research by shifting the burden of proof to those who believe a particular adolescent is unable to provide informed consent. (shrink)

Attempting to balance the needs and interests of minors with the obligation to protect them from their own potentially harmful decisions poses an ethical challenge for the physician. This problem is further exacerbated when the context is not medical treatment but organ donation. That is, medical treatment scenarios generally involve decisions likely to result in objective improvements to the minor's health status. Consent to organ donation, however, raises several vexing problems. First, how should the provider measure both the cognitive ability (...) and competence to consent of the minor to ensure that the minor comprehends the risks and benefits of donation and that no coercion is involved? Second, given that improvement of one's health is an unlikely scenario, is there a way to measure subjective determinations of satisfaction and altruism enjoyed by a minor following organ donation? If so, should the physician regard these values in a manner analogous to physical improvement? Finally, are parents the appropriate decisionmakers for their children when a sibling-to-sibling donation occurs? Is it possible for parents to always act in the best interests of both children in this event? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 15.2 (2005) 211-218 [Access article in PDF] Bioethics, Biolaw, and Western Legal Heritage Susan Cartier Poland Bioethics and biolaw are two philosophical approaches that address social tension and conflict caused by emerging bioscientific and biomedical research and application. Both reflect their respective, yet different, heritages in Western law. Bioethics can be defined as "the research and practice, generally interdisciplinary in nature, which aims (...) to clarify or resolve ethical questions raised by the advances and application of biomedical and biological sciences" (II, Miller 2000, p. 246). Biolaw, on the other hand, is a legal philosophical concept that can be defined as "the taking of agreed upon principles and practices of bioethics into law with the sanctions that law engenders" (p. 246). Some see biolaw as hierarchical, either evolving from or devolving into bioethics (p. 245), while others think of bioethics and biolaw as a continuum or gradation (p. 246). Whichever view one takes, bioethics and biolaw are, at the least, intertwined (II, Loureiro 2000, p. 71).Although bioethics came out of the U.S. in the 1970s, the field is now considered Anglo-American (II, Kemp 2000a, p. 67). Biolaw emerged in the 1990s from the French biodroit and has become associated with continental Europe (p. 68). These distinctions, however, are based on geopolitical entities. Another way to distinguish bioethics from biolaw is to look at their legal heritage and understand the differences between the common law and the civil law.Bioethics and biolaw share a Western legal heritage, specifically roots in Roman law. When the Roman empire in the West fell to Germanic tribes in 476 A.D., the Romans had developed a sophisticated system of law that included flexible standards and abstract, rather than concrete, modes of thought. In 528, Justinian, emperor of the surviving Roman empire in the East at Constantinople, ordered a compilation and consolidation of Roman law. Despite the rise of seventh century Islam, the split of the Christian church into eastern and western branches in 1054, and the Norman conquest of England in 1066, Roman law survived through the courts of canon law and was revived later in the twelfth century at the University of Bologna in Italy. By 1500, what would later become France and Germany had [End Page 211] "received" or recognized Roman law, albeit in varying degrees. Not a single event, the Reception, or "direct acceptance of Roman law as a principal source of law," is the definitive turning point in Western legal history that eventually produced the common law and civil law strands (I, Von Mehren 1957, p. 10).England, however, did not participate in the Reception, although its influence was felt at Oxford University, where Vacarious taught its precepts in 1151, and in the courts of canon law (I, Von Mehren 1957, p. 10). William the Conqueror already essentially had established the common law tradition when he merged Anglo-Saxon law with Norman law and created a centralized system of justice administration for the single fiefdom known as England.Aside from historical development, the common law and the civil law differ from other legal families in terms of their modes of thought, institutions, sources, and ideology (I, Zweigert and Kotz 1977, p. 62). In the common law, Roman legal concepts were shaped by Christian ethics through the canon law courts. In the civil law, Roman law became the basis for a legal science centered in the universities and interpreted by various schools, such as the commentators, the glossators, and the humanists. The civil law uses a central text as the starting point for legal reasoning and analysis. The common law develops over time through case law, that is, by judges applying principles from preceding cases to resolve the issue at hand. One writer describes the common law as "anything that is not prohibited is permitted" and the civil law as "anything that is not permitted is prohibited" (I, Karambelas 2005, p. 28).The common law and the civil law are only two of the three traditions in Western law. The third is socialist law. All three are... (shrink)

In this analysis of one of the most difficult and neglected topics in Hegelian studies, Songsuk Susan Hahn tackles the status of contradiction in Hegel's ...

Introduction -- Foundationalism versus coherentism : a dichotomy disclaimed -- Foundationalism undermined -- Coherentism discomposed -- Foundherentism articulated -- The evidence of the senses : refutations and conjectures -- Naturalism disambiguated -- The evidence against reliabilism -- Revolutionary scientism subverted -- Vulgar pragmatism : an unedifying prospect -- Foundherentism ratified -- Selected essays -- "Know" is just a four-letter word -- Knowledge and propaganda : reflections of an old feminist -- "The ethics of belief" reconsidered -- Epistemology legalized : or, (...) truth, justice, and the American way. (shrink)

After the success of the hardback, students and academics will welcome the publication of this book in paperback. The aim of the book is to explore the connection between two perspectives that have had a profound effect upon contemporary thought: post–modernism and feminism. Through bringing together and systematically analysing the relations between these, Hekman is able to make a major intervention into current debates in social theory and philosophy. The critique of Enlightenment knowledge, she argues, is at the core of (...) both post–modernism and feminism. Each also offers a basis for critical reflections about the other. In particular, post–modern philosophy provides a means of criticizing aspects of contemporary feminism and thus contributing to the development of a more sophisticated approach to current feminist issues. (shrink)

The purpose of this article is to discuss an external whistleblowing event that occurred after all internal whistleblowing through the hierarchy of the organization had failed. It is argued that an organization that does not support those that whistle blow because of violation of professional standards is indicative of a failure of organizational ethics. Several ways to build an ethics infrastructure that could reduce the need to resort to external whistleblowing are discussed. A relational ethics approach is presented as a (...) way to eliminate the negative consequences of whistleblowing by fostering an interdependent moral community to address ethical concerns. (shrink)

Romanis and Adkins explore the near-term prospect of artificial amnion and placenta technology (AAPT) which is being developed to supplement the gestational process following the premature ending of a pregnancy.1 While fetal-centric narratives prevail in discussions surrounding AAPT, the authors subvert this trend by centering the experience of pregnant persons with respect to pregnancy loss. The overarching aim of their paper is to move beyond a ‘philosophical understanding of pregnancy towards practical-orientated conclusions regarding the care pathways surrounding [AAPT]’ (Romanis and (...) Adkins,1 p1). This commentary will critically examine the viability of this aim. Romanis and Adkins use the term ‘pregnancy loss’ to refer to the phenomenon where individuals experience a complex set of emotions following the premature ending of pregnancy, despite the survival of the gestated entity. Following Golish and Powell, the authors note how parents may experience contradictory emotions, such as joy mixed with grief, as well as a range of negative feelings including shame, disappointment and a sense of failure.2 At present, this phenomenon has been recognised among parents, particularly the (formerly) pregnant person, in the context of neonatal intensive care units (NICUs) when the infant survives preterm delivery and …. (shrink)

The De hebdomadibus (DH) of Boethius presents a problem with the idea that ordinary finite substances are good and then proposes a solution to the problem. Careful reconstruction of Boethius’ arguments reveals that his solution relies on an account of finite goodness that he does not make explicit. Moreover, accounts of finite goodness that commentators have supplied to the DH should be rejected. Instead, the account of finite goodness given in book III of the Consolatio successfully resolves the problem raised (...) in the DH. (shrink)

"Faith Has Its Reasons" shows readers how struggles, heartache, and tears can transform from a nightmare into a ministry. This book contains the encouragement to take the first steps out of grief and climb the mountain out of the valley of the shadow of death. This book will also inspire those that may question heaven. A child's amazing visits to heaven gave him the courage to tell others about Jesus. His bravery and boldness after dying and losing his father will (...) open your eyes to how God can use an unthinkable tragedy for His glory. If you have endured a catastrophic loss and questioned God, this book will show you how to persevere and find happiness again. (shrink)

The Rejected Body argues that feminist theorizing has been skewed toward non-disabled experience, and that the knowledge of people with disabilities must be integrated into feminist ethics, discussions of bodily life, and criticism of the cognitive and social authority of medicine. Among the topics it addresses are who should be identified as disabled; whether disability is biomedical, social or both; what causes disability and what could 'cure' it; and whether scientific efforts to eliminate disabling physical conditions are morally justified. Wendell (...) provides a remarkable look at how cultural attitudes towards the body contribute to the stigma of disability and to widespread unwillingness to accept and provide for the body's inevitable weakness. (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)

There are two main parts to this article: (1) Quine's view of truth is substantive in a way that is not generally recognized. There are elements in the view of deflationism, minimalism, and of course disquotationalism to be sure, but from Quine's perspective the capacity for generalization - ascribing truth not to explicitly given sentences but to kinds of sentences - requires a full-bore Tarskian apparatus. This is necessary in order for truth to play what for Quine are its vital (...) roles in science, philosophy (epistemology and those parts of metaphysics that Quine recognizes), and crucially in logic itself. (These points have not been made with adequate care in the literature). (2) But is Tarskianism sufficient for playing all of those roles? Contrary to an interesting article by Lars Bergström - I argue that it is indeed sufficient, at least from Quine's point of view, and to see the point is to appreciate how thoroughgoing and powerful the notion of truth is, despite its being, 'in itself', only a device of sentential generalization. This dovetails with Quine's famous naturalism, a connection which I bring out at the end. (shrink)

This book provides a perceptive analysis of the "narrative turn" that led Paul Ricoeur to his magisterial work Time and Narrative. Ricoeur has for many years explored the intersections of diverse strands of European philosophy, but it is his recent work that has attracted the most discussion and engendered the most debate in Europe and America. The Narrative Path explores the roots and meaning of that work. Two of the book's five essays reach back to Ricoeur's earlier work to clarify (...) his themes: Richard Kearney concentrates on the role of imagination in hermeneuties, and Maria Villela Petit explores the development of Ricoeur's concept of history from History and Truth to Time and Narrative. Two essays analyze the significance of Ricoeur's reflections on metaphoric and narrative language: Serge Mellinger looks at the relationship between time and poetry from the point of view of Ricoeur's discussions of the connection between time and narrative, and T. Peter Kemp extends Ricoeur's analysis to argue that narration is indispensable to ethics. The book concludes with a reflection by Ricoeur himself on the linguistic, practical, and ethical dimensions of human beings, and with a bibliography of Ricoeur's work in English. T. Peter Kemp teaches in the Department of Philosophy at the University of Copenhagen. The Narrative Pathis based on a special issue of the journal Philosophy and Social Criticism, edited by David Rasmussen, who is Professor of Philosophy at Boston College. (shrink)

Her careful building of positions, her unique approaches to analyzing problems, and her excellent insights make this an important work for feminists, those ...

The Unity of Reason is the first major study of Kant's account of reason. It argues that Kant's wide-ranging interests and goals can only be understood by redirecting attention from epistemological questions of his work to those concerning the nature of reason. Rather than accepting a notion of reason given by his predecessors, a fundamental aim of Kant's philosophy is to reconceive the nature of reason. This enables us to understand Kant's insistence on the unity of theoretical and practical reason (...) as well as his claim that his metaphysics was driven by practical and political ends. Neiman begins by discussing the historical roots of Kant's conception of reason, and by showing Kant's solution to problems which earlier conceptions left unresolved. Kant's notion of reason itself is examined through a discussion of all the activities Kant attributes to reason. In separate chapters discussing the role of reason in science, morality, religion, and philosophy, Neiman explores Kant's distinctions between reason and knowledge, and his difficult account of the regulative principles of reason. Through examination of these principles in Kant's major and minor writings, The Unity of Reason provides a fundamentally new perspective on Kant's entire work. (shrink)

This book describes the psychological ideas current in medieval Europe. It aims partly to correct misperceptions about the nature of psychology in the Middle Ages; an important theme is the surprising unity and coherence of medieval psychology. Kemp outlines two major influences on medieval psychology: Christian beliefs and the views of classical philosophers and physicians. He outlines medieval views on the nature of the soul and spirit, deals with medieval theories of perception, covers cognition and memory, and considers and (...) evaluates Thomas Aquinas' account of emotion and will. (shrink)

Introduction Without a leg to stand on Sandra Kemp and Paola Bono The project that became The Lonely Mirror had been to edit an international collection of ...

In lieu of an abstract, here is a brief excerpt of the content:Secrecy and Autonomy in Lewis CarrollSusan ShererVictorian novels quiver with morbid secrets and threatening discoveries. Unseen rooms, concealed doors, hidden boxes, masked faces, buried letters, all appear (and disappear) with striking regularity in the fiction of Victorian England. So many of these secret spaces contain children, and especially little girls, little girls in hidden spaces. The young Jane Eyre sits behind a curtain in the hidden window seat, escaping (...) the vindictive wrath of John Reed. Repulsed by her angry brother, Maggie Tulliver flees to the house attic, fantasizing that her family will fear that she has died. Little Dorrit withdraws from the common space of the Marshalsea into her private room above the prison, and Little Nell hides behind trees and walls, silently observing clandestine meetings. Finally the seven-year-old Alice falls down a rabbit-hole into a Wonderland, the dreamspace of her own psyche.Of these images, none can be more embedded in our cultural imagination than the child Alice dropping into the subterranean well of Wonderland. Indeed, of the many celebrated scenes in the Alice narratives, the most memorable, most potent, most quoted is Alice’s initial descent to the bottom of the rabbit-hole. The lastingness of this scene seems even greater when we realize that, although neither Carroll in Alice’s Adventures Underground nor Tenniel in the first edition of Wonderland illustrated the moment with a picture, it still became (along with the Mad Hatter’s tea party) one of the signature images of the Alice stories. Why, we must ask, did the Victorians retain, with a powerful tenacity, this vision of a little girl moving through a tight space toward the hidden world of Wonderland?The answer to this question is not—at least not wholly—that the scene simply represents a child’s metaphorical progress through the [End Page 1] birth canal 1 and that this, in turn, symbolizes some kind of rite of passage, a movement towards some deeper knowledge. For then how do we explain Alice’s conspicuous lack of internal development in both stories? Indeed, for a narrative that thematizes motion, Alice’s psychical growth remains disturbingly static. Throughout both narratives, Alice displays little emotional variation, for when she is not frustrated or anxious, she is, for the most part, vapid or expressionless. In fact, one is immediately struck by her coolness and indifference as she drops through the rabbit-hole. 2 Thus, because scene changes in Wonderland and Looking-Glass rarely betoken any emotional or intellectual modulations, Alice’s falling into Wonderland signals no internal transition.But the image does relocate her body and within this fictive world, location is everything. The scene gestures Alice’s departure, her separation, her movement towards an autonomy of which every child dreams when, in play, retreating to a hidden space. A child’s impulse to hide, to create a secret space, is one of the most compelling of all human wishes, the wish for autonomy and autarchy—“to be cut off from the word and yet owner of the world.” 3 Throughout Victorian literature, the fantasy of autonomy sets children dreaming of far-away worlds and hidden gardens. The young Cathy and Heathcliff flee to the isolated moors, filling the open, empty space with dreams of unrestricted freedom. Little Dorrit envisages the locked garden behind the Marshalsea as an alternative world to the foul prison atmosphere. And what are the Brontës’s Angria and Gondol but disconnected, self-governing realms imagined from the standpoint of childhood powerlessness? The image, then, of Alice’s fall begins to fulfill this powerful wish for autonomy, which culminates, finally, in Alice’s self-coronation at the end of Looking-Glass. Yet it is only within the child’s willing imagination that a secret space can encroach so closely upon autonomy, for as we shall see, secrecy and autonomy are irreconcilable not only in the demanding world of realism, but even in the more elastic world of Carrollian fantasy.IAlice’s descent into Wonderland and her entrance into the Looking-Glass kingdom would seem like ripe metaphors for Carroll to explore the thoughts and fantasies of Alice’s psyche. What could be more... (shrink)

Historians of philosophy are well aware of the limitations of what Butterfield called ‘Whig history’: narratives of historical progress that culminate in an enlightened present. Yet many recent studies retain a somewhat teleological outlook. Why should this be so? To explain it, I propose, we need to take account of the emotional investments that guide our interest in the philosophical past, and the role they play in shaping what we understand as the history of philosophy. As far as I know, (...) this problem is not currently much addressed. However, it is illuminatingly explored in the work of Spinoza. Spinoza aspires to explain the psychological basis of our attachment to histories with a teleological flavour. At the same time, he insists that such histories are epistemologically flawed. To study the history of philosophy in a properly philosophical fashion we must overcome our Whiggish leanings. (shrink)

: Chronic illness is a major cause of disability, especially in women. Therefore, any adequate feminist understanding of disability must encompass chronic illnesses. I argue that there are important differences between healthy disabled and unhealthy disabled people that are likely to affect such issues as treatment of impairment in disability and feminist politics, accommodation of disability in activism and employment, identification of persons as disabled, disability pride, and prevention and "cure" of disabilities.

A Teacher's Manual for this book will be available online at www.temple.edu/tempress.

Carazan's dream : Kant's early theory of freedom -- Kant's archimedean moment : remarks in observation concerning the feeling of the beautiful and the sublime -- Rousseau, Count Verri, and the true economy of human nature : lectures on anthropology, 1772-1781 -- The paradox of autonomy -- Moral hesitation in religion within the boundaries of bare reason -- Kant's true politics : Völkerrecht in toward perpetual peace and the metaphysics of morals -- Kant as educator : conflict of the faculties, (...) part one -- Archimedes revisited : honor and history in the conflict of the faculties, part two -- Kant's Jewish problem. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Secrecy and Autonomy in Lewis CarrollSusan ShererVictorian novels quiver with morbid secrets and threatening discoveries. Unseen rooms, concealed doors, hidden boxes, masked faces, buried letters, all appear (and disappear) with striking regularity in the fiction of Victorian England. So many of these secret spaces contain children, and especially little girls, little girls in hidden spaces. The young Jane Eyre sits behind a curtain in the hidden window seat, escaping (...) the vindictive wrath of John Reed. Repulsed by her angry brother, Maggie Tulliver flees to the house attic, fantasizing that her family will fear that she has died. Little Dorrit withdraws from the common space of the Marshalsea into her private room above the prison, and Little Nell hides behind trees and walls, silently observing clandestine meetings. Finally the seven-year-old Alice falls down a rabbit-hole into a Wonderland, the dreamspace of her own psyche.Of these images, none can be more embedded in our cultural imagination than the child Alice dropping into the subterranean well of Wonderland. Indeed, of the many celebrated scenes in the Alice narratives, the most memorable, most potent, most quoted is Alice’s initial descent to the bottom of the rabbit-hole. The lastingness of this scene seems even greater when we realize that, although neither Carroll in Alice’s Adventures Underground nor Tenniel in the first edition of Wonderland illustrated the moment with a picture, it still became (along with the Mad Hatter’s tea party) one of the signature images of the Alice stories. Why, we must ask, did the Victorians retain, with a powerful tenacity, this vision of a little girl moving through a tight space toward the hidden world of Wonderland?The answer to this question is not—at least not wholly—that the scene simply represents a child’s metaphorical progress through the [End Page 1] birth canal 1 and that this, in turn, symbolizes some kind of rite of passage, a movement towards some deeper knowledge. For then how do we explain Alice’s conspicuous lack of internal development in both stories? Indeed, for a narrative that thematizes motion, Alice’s psychical growth remains disturbingly static. Throughout both narratives, Alice displays little emotional variation, for when she is not frustrated or anxious, she is, for the most part, vapid or expressionless. In fact, one is immediately struck by her coolness and indifference as she drops through the rabbit-hole. 2 Thus, because scene changes in Wonderland and Looking-Glass rarely betoken any emotional or intellectual modulations, Alice’s falling into Wonderland signals no internal transition.But the image does relocate her body and within this fictive world, location is everything. The scene gestures Alice’s departure, her separation, her movement towards an autonomy of which every child dreams when, in play, retreating to a hidden space. A child’s impulse to hide, to create a secret space, is one of the most compelling of all human wishes, the wish for autonomy and autarchy—“to be cut off from the word and yet owner of the world.” 3 Throughout Victorian literature, the fantasy of autonomy sets children dreaming of far-away worlds and hidden gardens. The young Cathy and Heathcliff flee to the isolated moors, filling the open, empty space with dreams of unrestricted freedom. Little Dorrit envisages the locked garden behind the Marshalsea as an alternative world to the foul prison atmosphere. And what are the Brontës’s Angria and Gondol but disconnected, self-governing realms imagined from the standpoint of childhood powerlessness? The image, then, of Alice’s fall begins to fulfill this powerful wish for autonomy, which culminates, finally, in Alice’s self-coronation at the end of Looking-Glass. Yet it is only within the child’s willing imagination that a secret space can encroach so closely upon autonomy, for as we shall see, secrecy and autonomy are irreconcilable not only in the demanding world of realism, but even in the more elastic world of Carrollian fantasy.IAlice’s descent into Wonderland and her entrance into the Looking-Glass kingdom would seem like ripe metaphors for Carroll to explore the thoughts and fantasies of Alice’s psyche. What could be more... (shrink)

Of all the major philosophical works, Kant's Critique of Pure Reason is one of the most rewarding, yet one of the most difficult. Norman Kemp Smith's Commentary elucidates not only textural questions and minor issues, but also the central problems which arise, he contends, from the conflicting tendencies of Kant's own thinking. Kemp Smith's Commentary continues to be in demand with Kant scholars, and it is being reissued here with a new introduction by Sebastian Gardner to set it (...) in its contemporary context. (shrink)