This paper presents and discusses a recent Israeli proposal to legislate on the rights of the dying patient. A gap exists between elitist biases of the committee proposing the law, and popular values and sentiments. The proposed law divides the dying patients into two groups: “those who wish to go on living” and “those who wish to die”. The former will have a right to life prolonging extraordinary care. It is not clear who would foot the bill for this care. (...) Also it is hard to see how this munificence could fail to discriminate against all other patients. Both the secular ethicists and the rabbis involved in drawing up the proposal accepted the assumption that it is good for some terminal patients to die. The rabbis objected, however, to direct and active interventions that shorten life. The solution arrived at was to install timers in the ventilators so as to allow them to expire automatically unless the patient wishes for their resetting. (shrink)

"Human dignity" has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term--like love, hope, and justice--that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this book, Michael Barilan offers an urgently needed, nonideological, (...) and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law. (shrink)

"Human dignity" has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term--like love, hope, and justice--that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this book, Michael Barilan offers an urgently needed, nonideological, (...) and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law. (shrink)

In the past decades, there has been a surge of hunger strikes, some of which involved mortalities and irreversible neuropsychiatric morbidities. The World Medical Association has published the “Malta Declaration” on the ethical conduct of doctors facing hunger-striking prisoners, forbidding force-feeding categorically. Four fundamental issues blight the Declaration. The first is a uniform approach to all prisoners’ hunger strikes, with no distinction among types of strikes and diverse psychic–social circumstances. The second is the labeling of life-saving force-feeding as “degrading and (...) inhuman,” an unprecedented referral to a therapeutic intervention, even if ethically wrong. Even though the Declaration shuns... (shrink)

This paper explores the value of respect for personal autonomy in relation to clearly immoral and irrational acts committed freely and intentionally by competent people. Following Berlin's distinction between two kinds of liberty and Darwall's two kinds of respect, it is argued that coercive suppression of nonautonomous, irrational, and self-harming acts of competent persons is offensive to their human dignity, but not disrespectful of personal autonomy. Irrational and immoral choices made by competent people may claim only the negative liberty to (...) be left alone. Lives disposed to autonomy are worthy of solidarity and active support in addition to the right of free choice and action. Autonomous premeditated desires (distinguished from mere consent) may embody transcendental choices, which transcend consideration of physical and psychological well-being. Choices made by incompetent persons (e.g., children and the mentally disabled) are not related to autonomy, but to self-directedness. The value of human dignity confers protection to self-directedness, but not at the expense of other vital interests. (shrink)

The article surveys the history of “terror” vis a vis the development of international humanitarian and human rights law. During the French Revolution, the word “terror” was coined to describe a deviation from the laws of war. Justified by a mixture of ideology and necessity. People who resort to terrorism either suspends or rejects the laws of war (jus in bellum) in the name of an alternative and heightened sense of truth. However, the terrorists’ strong sense of probity and mission (...) is also an opening for re-establishing communication, arbitration and mitigation of cruelty and destruction. This paper represents International Humanitarian Law (IHL) as an “abstract Leviathan”, submission to which is the contemporary norm of pacification. From the perspective of radical terrorism, it is tyrannical. From other perspectives, it is open to criticism and change. Most importantly, it is on the side of rational arbitration rather than arbitrary ordeal. Even radical terrorism, which refuses to recognize the legitimacy of the abstract Leviathan, seeks to communicate its radical messages rather than to seek victory my means of physical annihilation of its opponents. (shrink)

:This article examines the concept of moral enhancement from two different perspectives. The first is a bottom-up approach, which aims at identifying fundamental moral traits and subcapacities as targets for enhancement. The second perspective, a top-down approach, is holistic and in line with virtue ethics. Both perspectives lead to the observation that alterations of material and social conditions are the most reliable means to improve prosocial behavior overall.Moral enhancement as a preventive measure invokes Gnostic narratives on the allegedly fallen status (...) of human nature, its search for salvation, and the dependence of the laity on heteronomous salvific interventions. The allure of the preventive kind of enhancement is attributable to its religious hues.Owing to the absence of clarity regarding moral enhancement and of metrics to evaluate its progress, humanity is at risk of prioritizing unclear and unsubstantiated measures of preventive diminishment at the expense of celebrating human capacities and joys. (shrink)

The article examines the new discourse on medical professionalism and responsibility through the prism of conflicts among moral values, especially with regard to truth-telling. The discussion is anchored in the renaissance of English-language writing on medical ethics in the 18th century, which paralleled the rise of humanitarianism and the advent of the word “responsibility”. Following an analysis of the meanings of the value of responsibility in general and in medical practice in particular, it is argued that, similarly to the Aristotelian (...) notion of equity, responsibility of care is a second-order value, which corrects virtues, laws and norms in exceptional circumstances. Virtues and practices of the second order, such as responsibility and deliberation, bear especially on professional doctoring, which includes a commitment to give priority to the good of the patient over one’s own good. It is argued that, in situations of conflict, and particularly conflicts between personal moral identity and the good of patients, the fundamental professional commitment is to critical and rational deliberation and to the cultivation of psycho-moral flexibility. This leads indirectly to moral growth and strengthening of professional character. (shrink)

The American Journal of Bioethics, Volume 12, Issue 3, Page 37-39, March 2012.

Nearly 400 million adults have been vaccinated against COVID-19. Children have been excluded from the vaccination programmes owing to their lower vulnerability to COVID-19 and to the special protections that apply to children’s exposure to new biological products. WHO guidelines and national laws focus on medical safety in the process of vaccine approval, and on national security in the process of emergency authorisation. Because children suffer much from social distancing, it is argued that the harms from containment measures should be (...) factored in a broader perspective on the good of the child. Considering the available knowledge on the disease, vaccine, and coping strategies, the decision about vaccine access to children is a public responsibility. The ultimate choice is a matter of paediatric informed consent. Moreover, jurisdictions that permit non-participation in established childhood vaccination programmes should also permit choice of vaccines outside of the approved programmes. Even if vaccine supply is too short to cover the paediatric population, the a priori exclusion of children is unjust. It may also exacerbate local and global inequalities. The second part of the paper delineates a prudent and ethical scheme for gradual incorporation of minors in vaccination programmes that includes a rigorous postvaccination monitoring. This is a theoretical paper in ethics that uses the Pfizer vaccine as a stock example, without discussing possible differences among existing vaccines. The key purpose is reflection on the good of the child in emergencies and vaccine policymaking. All data relevant to the study are included in the article and in its refernces. (shrink)

Contemporary bioethics is usually notable for its focus on the uses and abuses of biomedical technology, on personal liberty and the on the formulation of ethical problems as dilemmas to be solved by utilitarian calculus within the frameworks of committees and institutional guidelines. It is argued that these developments actually reflect a technologization of medical ethics itself, which more often relies non-personal algorithms of utility.This is explained, from a historical point of view, by the impact of technology on the concepts (...) of nature and naturalism and by the triumphs of modern science, which obscures non-scientific modes of discourse. The article acknowledges some benefits of the technologization of ethics such as the democratization of decision-making but the discussion concentrates on five arguments against the dominance of utilitarianism in medical ethics. The common denominator of these arguments is that utilitarianism fails its own standards by undermining trust in the public domain. The loss of trust is brought about by the displacement of the phenomenological self and from fostering adversarialism in ethical discourse. (shrink)

In the first part of this article we survey the concept of human rights from a philosophical perspective and especially in relation to the “right to healthcare”. It is argued that regardless of meta-ethical debates on the nature of rights, the ethos and language of moral deliberation associated with human rights is indispensable to any ethics that places the victim and the sufferer in its centre. In the second part we discuss the rise of the “right to privacy”, particularly in (...) the USA, as an attempt to make the element of personal free will dominate over the element of basic human interest within the structure of rights and when different rights seem to conflict. We conclude by discussing the relationship of human rights with moral values beyond the realm of rights, mainly human dignity, free will, human rationality and response to basic human needs. (shrink)

In dieser Arbeit werden drei Gedankenexperimente geprüft, die im Diskurs zur Moralität der Abtreibung vorgebracht wurden: der Geiger von Judith J. Thomson und zwei Erwiderungen darauf von Kenneth Himma und Christopher H. Conn. Sie sind dadurch charakterisiert, dass sie von Rechten sprechen, eine besondere Betonung auf Verkörperung legen und an die moralische Intuition appellieren. Ich behaupte, dass nur menschliche Individuen Menschenrechte haben können und dass Individuation nicht auf der Verletzung der moralischen Rechte anderer basieren kann. Deshalb kann der Fetus weder (...) Träger von moralischen Rechten noch ein Aggressor gegen die Rechte seiner Mutter sein. Die Paradigmen der Umweltethik scheinen für moralische Überlegungen über Abtreibung besser geeignet zu sein als das Paradigma der Rechte. Im Zentrum der Umweltethik stehen eher Fürsorge und Achtung vor dem Leben als Rechte; sie ist auf Verkörperung und natürliche Prozesse abgestimmt und beruft sich mehr auf Gefühle der Fürsorge und Tugend als auf ein Gerechtigkeitsgefühl. (shrink)

The American Journal of Bioethics, Volume 12, Issue 7, Page 27-30, July 2012.

Parental decision making is necessary for contracting medical interventions that require personal risk–benefit evaluation, and for overseeing matters of education. In the nineteenth century, exemptions from obligatory vaccination were granted for religious and conscientious reasons. Then and today, religion and moral values play marginal roles in vaccine hesitancy and denialism. Rather, the key values invoked by vaccine hesitants and denialists are liberty and pluralism. Neither is compatible with limiting adolescents’ choice. Because vaccination does not require assessment of personal medical risks, (...) because it does not need to occur within the sphere of the doctor–patient relationship, and because the risk involved is within the range of their daily activities, adolescents have the right to free access to vaccination without legal requirement of parental involvement. Drawing on the development of Common Law, and on the development of respect for personal conscience in the history of ideas, this paper does not promote an argument that grants public health an overriding moral power. Rather, this paper rejects the presumption that vaccination of adolescents might involve a conflict between parental authority and public health. Free access to vaccination is compatible with the law and ethics of adolescents’ evolving autonomy in relation to healthcare. (shrink)

Although both codes of practice and virtue ethics are integral to the ethos and history of “medical professionalism”, the two trends appear mutually incompatible. Hence, in the first part of the paper we explore and explicate this apparent conflict and seek a direction for medical education. The theoretical and empirical literature indicates that moral deliberation may transcend the incompatibilities between the formal and the virtuous, may enhance moral and other aspects of personal sensitivity, may help design and improve other parts (...) of the curricula, and may foster self-awareness and clarification of the professional role. Not only are these goals essential for good and conscientious doctoring, but they may also reduce physicians’ “burn-out”. We argue that medical education should focus on the ubiquitous practice of deliberation in contemporary medicine, and especially the practice of moral deliberation. (shrink)

Psychotherapy is provided by professionals, trained, supervised and certified by other professionals, all the way back to Freud and similar founding fathers. Even though methods and styles vary, pa...

Maurice Merleau-Ponty and Y. Michael Barilan have described the conflictual aspects of human communication. Humans communicate through verbal language, body-language, and stereotypes. These 3 types of communication can be in harmony or conflict.Verbal and corporal communication are well known. During the past decade, I have examined the field of phatic communication. Phatic communication consists of laughing, crying, yawning, sighing, gasping, sneezing and hiccupping, actions that date back over 500 million years to the Reptilia class of the animal kingdom. During (...) the last million years, these biosemiotic actions have acquired psychological meanings in humans as a result of neocortex connections.The simultaneous presence of threatening verbal signs with empathic stereotype signs, such as violence with laughter or aggression with a smile, requires a rational / emotional effort to decide within milliseconds if the message is a threat or joke. (shrink)

Theatrical characters’ dual existence on stage and in text presents a unique, challenging case for the analytical philosopher. -/- Analytic Philosophy and the World of the Play re-examines the ontological status of theatre and its fictional objects through the "possible worlds" thesis, arguing that theatre is not a mirror of our world, but a re-creation of it. Taking a fresh look at theatre’s key elements, including the hotly contested relationships between character and actor; onstage and offstage "worlds"; and the play-text (...) and performance, Michael Y. Bennett presents a radical new way of understanding the world of the play. (shrink)

In Between the Lines: A Philosophy of Theatre, theatre theorist, Michael Y. Bennett offers a systematic account of theatre--thinking about theatre metaphysically, epistemologically, and ethically. To investigate theatre and its in-between spaces, Bennett introduces some basic ideas about coherence and correspondence and, much more prominently, conversations surrounding subsumption and distinctness in order to better describe theatre as a form of art. Instead of limiting the concept and use of subsumption to suggest that constituent parts are subsumed within a distinct (...) whole, Bennett broadens the concept to claim that many of the properties of a theatrical character and/or a theatrical world are subsumed within the text. -/- Unlike some forms of literary fiction in which a narrator describes the properties of characters in general terms, theatre (particularly for the theatregoer) is largely devoid of distinct properties attributed to theatrical characters. Outside of the fact that theatrical characters speak and perform actions during the time of the play, there are little-to-no specified properties regarding theatrical characters and/or theatrical worlds. In thinking about the conceptual empty spaces of theatre, Bennett investigates three main topics: theatre as an art form, the properties of theatrical characters and theatrical worlds, and the difference between truth and truthfulness in the theatre. (shrink)

Using William Shakespeare’s Hamlet and the play-within-the play, The Murder of Gonzago, as a case study, this essay argues that theatrical utterances constitute a special case of language usage not previously elucidated: the utterance of a statement with propositional content in theatre functions as an event. In short, the propositional content of a particular p (e.g. p1, p2, p3 …), whether or not it is true, is only understood—and understood to be true—if p1 is uttered in a particular time, place, (...) and situation (i.e. during a theatrical event); otherwise, the propositional content in those theatrical utterances can either be false or contingently true. (shrink)

This “experimental” essay both investigates maps and functions as a map. Taking its cue from the Deleuzean rhizome, this essay proposes a new method of inquiry based upon the Scientific Method. This essay works as a series of displacements. Each piece of new evidence will take the paper in a different direction. After each piece of evidence is introduced, it will be my job to draw conclusions about the displacement. This inquiry works like a Deleuzean map.

As a version of creationism—which claims that fictional charac- ters are created by authors who write characters into existence by penning their names in their works—abstract creationism claims that fictional objects are abstract entities. However, I want to modify the conception of what constitutes a fictional object. In short, I am going to give a defense of abstract creationism that offers answers to the questions, as outlined by Stuart Brock, of ontology, identity, and plenitude by developing a claim that—except for (...) rigidly referring proper names—fictional terms and nonfictional terms are all abstract objects.Working off the debates surrounding abstract creationism, and with a nod to D. M. Armstrong's... (shrink)

Recently, several articles in the scholarly literature on medical ethics proclaim the need for “responsible scholarship” in the debate over the proper criteria for death, in which “responsible scholarship” is defined in terms of support for current neurological criteria for death. In a recent article, James M. DuBois is concerned that academic critiques of current death criteria create unnecessary doubt about the moral acceptability of organ donation, which may affect the public’s willingness to donate. Thus he calls for a closing (...) of the debate on current death criteria and for journal editors to publish only critiques that “substantially engage and advance the debate.” We argue that such positions as DuBois’ are a threat to responsible scholarship in medical ethics, especially scholarship that opposes popular stances, because it erodes academic freedom and the necessity of debate on an issue that is literally a matter of life and death, no matter what side a person defends. (shrink)

This “experimental” essay both investigates maps and functions as a map. Taking its cue from the Deleuzean rhizome, this essay proposes a new method of inquiry based upon the Scientific Method. This essay works as a series of displacements. Each piece of new evidence will take the paper in a different direction. After each piece of evidence is introduced, it will be my job to draw conclusions about the displacement. This inquiry works like a Deleuzean map.

The American Journal of Bioethics, Volume 12, Issue 2, Page 40-42, February 2012.

David Friedell has recently discussed the relationship between intrinsic and extrinsic properties of art, specifically in music. Friedell claims that normative social rules dictate who can change the intrinsic or extrinsic properties of a piece of music. I claim that in text-based theater—as a particular art form—the dividing line between intrinsic and extrinsic properties of a play is sometimes tenuous. This tenuousness is due to a play's bifurcated existence as a dramatic text and as many theatrical performances.

Humans can learn complex functional relationships between variables from small amounts of data. In doing so, they draw on prior expectations about the form of these relationships. In three experiments, we show that people learn to adjust these expectations through experience, learning about the likely forms of the functions they will encounter. Previous work has used Gaussian processes—a statistical framework that extends Bayesian nonparametric approaches to regression—to model human function learning. We build on this work, modeling the process of learning (...) to learn functions as a form of hierarchical Bayesian inference about the Gaussian process hyperparameters. (shrink)