One approach to legal theory is to provide some sort of rational reconstruction of all or of a large body of the common law. For philosophers of law this has usually meant trying to rationalize a body of law under one or another principle of justice. This paper explores the efforts of the leading tort theorists to provide a moral basis — for the law of torts. The paper is divided into two parts. In the first part I consider and (...) reject the view that tort law is best understood as falling either within the ambit of the principle of retributive justice, a comprehensive theory of moral responsibility, or an ideal of fairness inherent in the idea that one should impose on others only those risks others impose on one. The second part of the paper distinguishes among various conceptions of corrective or compensatory justice and considers arguments — including previous arguments by the author himself — to the effect that tort law is best understood as rooted in principles of corrective justice. This paper argues that although the use of principles of justice may render defensible many (but by no means all) of the claims to repair and to liability recognized in torts, it cannot explain why we have adopted a tort system as the approach to vindicating those claims. Some other principle — probably not one of justice — is needed to explain why it is that the victims claims to repair is satisfied by having his losses shifted to his injurer — rather than through some other means of doing so. The paper concludes that the law of torts cannot be understood — in the sense of being given a rational reconstruction — under any one principle of morality. (shrink)

This book is an interdisciplinary study of the fundamental normative issues underpinning immigration policy. Economists, political scientists and philosophers address issues such as the proper role of the state in supporting a particular culture, the possible destabilization of the political and social life of a country through immigration, the size and distribution of economic losses and gains, and the legitimacy of discriminating against potential immigrants in favour of members of the resident population. The need for serious philosophical consideration of this (...) subject is beyond question. This volume should advance discussion in an area of great practical as well as philosophical importance. (shrink)

Jules Coleman, one of the world's most influential philosophers of law, here expounds his recent views on a range of important issues in legal theory. Coleman offers for the first time an explicit account of the pragmatist method that has long informed his work, and takes on the views of highly respected contemporaries such as Ronald Dworkin and Joseph Raz.

This paper examines the problems that may arise, particularly for military personnel, when the requirements of doing one's duty seem to come into conflict with the demands of loyalty. This conflict is especially problematic because loyalty is often seen, especially by serving military personnel, as the highest of military virtues. The paper introduces a categorisation of ethical issues into two main types, which are referred to as ‘ethical dilemmas’ and ‘tests of integrity’ which is then used to clarify the issues (...) involved when duty and loyalty come into conflict. It is argued that a true understanding of loyalty and disloyalty means that the demands of loyalty can never legitimately override a genuine duty to follow orders. (shrink)

Home care is one of the fastest‐growing industries in the United States, providing valuable opportunities for millions of older adults and people with disabilities to live at home rather than in institutional settings. Home care workers assist clients with essential activities of daily living, but their wages and working conditions generally fail to reflect the importance of their work. Drawing on the work of Eva Feder Kittay and other care ethicists, we argue that good care involves attending to the needs (...) of another out of a concern for their well‐being. Such care should be standard in the home care system. Yet, because of the pervasive racial, gender, and economic inequalities that the home care industry perpetuates, home care workers and their clients cannot reasonably be expected to care about each other. We endorse reforms aimed at enabling home care workers and their clients to form and maintain professional relationships that cultivate care.. (shrink)

Reason and Sentiment Throughout the long history of philosophy there has appeared from time to time a certain dilemma which is both attractive and fatal. ...

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 30.1 (2006) 299-309 [Access article in PDF] Conscious Fiction Mary Clayton Coleman Bard College Consciousness and the Novel: Connected Essays, by David Lodge; 320 pp. Cambridge, Mass.: Harvard University Press, 2002, $24.95 boards, $16.95 paper. Fictional Minds, by Alan Palmer; 275 pp. Lincoln and London: University of Nebraska Press, 2004, $45.00. Radiant Cool: A Novel Theory of Consciousness, by Dan Lloyd; 357 pp. Cambridge, Mass.: The (...) MIT Press, 2004, $24.95 boards, $14.95 paper. What contributions can fiction make to the representation and investigation of conscious experience? Might fiction help us to develop and advance new theories about the nature of consciousness? And might such theories, in turn, inform our understanding of the process of reading fiction? Three recent volumes—one by English critic and novelist, David Lodge; another by literary theorist, Alan Palmer; and a third by philosopher and (now) novelist, Dan Lloyd—raise these important, genre-bending questions, and they offer challenging if not always convincing answers to them. More generally, these volumes make valuable contributions to the fruitful cross-pollination that has developed between philosophers, scientists, literary theorists, and novelists who are interested in the nature of consciousness.Lodge's new collection of essays is called Consciousness and the Novel: Connected Essays, and like all of the criticism he has written since the late eighties, this volume is intended for a general audience, not for [End Page 299] literary theorists. The title essay, "Consciousness and the Novel," is a revised version of the Richard Ellman Lectures in Modern Literature that Lodge gave at Emory University in 2001, and the other nine essays, all previously published, cover such topics as Howards End; the novels of Evelyn Waugh; The Letters of Kingsley Amis; Martin Amis's memoir, Experience; and the relationship between literature and criticism. I will focus on "Consciousness and the Novel."Lodge's thesis in this essay is that novels play an essential role in our exploration of the nature of human consciousness. This thesis is certainly true, but it is also entirely banal. Much more interesting is what Lodge says in support of it. He argues that because of the unique representative possibilities of the novel, conscious experiences can be represented more effectively in novels than they can be in scientific writing. Taken literally, as an assertion about the relative representational power of novels and scientific discourse, this is extremely implausible. However, taken more loosely—as an invitation to those of us interested in consciousness to take a closer look at the ways conscious experiences are represented in novels—Lodge's claim is sensible and appealing. I will consider the literal reading of Lodge's claim first and then turn to the looser one.It is undoubtedly true that, as a whole, novelists devote more energy to representing conscious experiences than writers of scientific discourse do. However, science writers can use whatever techniques best serve their aims, including the aim of describing conscious experiences, so there is no reason to think that conscious experiences can, in principle, be represented more effectively in novels than in broadly scientific discourse. Given that Lodge discusses such creative science writers as Antonio Damasio, Daniel Dennett, and Steven Pinker in the course of his essay, it is surprising and disappointing to find him caricature scientific writing in the following way: "science... is a third-person discourse. The first-person pronoun is not used in scientific papers. If there were any hint of qualia in a scientific paper... it would be edited out" (p. 11). Qualia are the supposedly subjective qualitative aspects of conscious experiences. How the plucked string of a cello sounds to you; how the rotting fish in the garbage smells to you; and how it feels for you to inch down into the smooth, almost-too-hot water of a perfect bubble bath—these are all (supposedly) examples of qualia. Lodge is simply mistaken when he says that there is no hint of qualia in scientific writing. There is no consensus about whether qualia can be explained scientifically. In fact, there is no consensus about whether they exist. [End Page... (shrink)

Some believe that it is immoral to harm animals, but it is not immoral to kill humanely raised domesticated animals. Implicit in this is the assumption that it is possible to raise and slaughter animals without harming them significantly. In recent years, a number of philosophers – DeGrazia, Harman, Bradley, and others – have claimed that slaughter harms an animal in proportion to the amount of valuable future life that an animal loses in dying, which seems to challenge this assumption. (...) But a question remains: how much are domesticated animals, particularly humanely raised ones, harmed by their slaughter? Here, I take up this question. My answer may be surprising: in ordinary circumstances, slaughter hardly deprives humanely raised animals of any good life, and so is not very harmful to them. This result may strengthen the case for humane slaughter – or it may give us reason to revise our understanding of the harmfulness of death. (shrink)

At the heart of the uniqueness debate is the possibility that the computer revolution may demand more in the way of ethical analysis than our traditional (that is, modern) ethical edification has prepared us for. In short, it may present new and unique problems and therefore demand new and unique solutions. In this article I argue that the solution is in fact an old and not‐so‐unique one: casuistry. Appealing to Jonsen and Toulmin's analysis of casuistry (1988), I argue that a (...) casuistic methodology is a more accurate description of the moral reasoning used by contemporary computer ethicists than are other accounts. In addition, I argue that the strengths that enabled casuistry to deal successfully with radical social, economic, and religious changes in the sixteenth and seventeenth centuries render casuistry well suited to the task of dealing with radically new situations like those found in twentieth‐ and twenty‐first‐century computer technology. Before concluding, I briefly explore Pascal's fatal critique of casuistry and its relevance for contemporary computer ethics. (shrink)

David Hume's Dialogues concerning Natural Religion, first published in 1779, is one of the most influential works in the philosophy of religion and the most artful instance of philosophical dialogue since the dialogues of Plato. It presents a fictional conversation between a sceptic, an orthodox Christian, and a Newtonian theist concerning evidence for the existence of an intelligent cause of nature based on observable features of the world. This new edition presents it together with several of Hume's other, shorter writings (...) about religion, and with brief selections from the work of Pierre Bayle, who influenced both Hume's views on religion and the dialectical style of the Dialogues. The volume is completed by an introduction which sets the Dialogues in its philosophical and historical contexts. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

According to Russellian monism, consciousness is constituted at least partly by quiddities: intrinsic properties that categorically ground dispositional properties described by fundamental physics. If the theory is true, then consciousness and such dispositional properties are closely connected. But how closely? The contingency thesis says that the connection is contingent. For example, on this thesis the dispositional property associated with negative charge might have been categorically grounded by a quiddity that is distinct from the one that actually grounds it. Some argue (...) that Russellian monism entails the contingency thesis and that this makes its consciousness‐constituting quiddities epiphenomenal—a disastrous outcome for a theory that is motivated partly by its prospects for integrating consciousness into physical causation. We consider two versions of that argument, a generic version and an intriguing version developed by Robert J. Howell, which he bases on Jaegwon Kim's well‐known “exclusion argument.” We argue that neither succeeds. (shrink)

This classic book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety.

Italian neo-realism has inspired film audiences and fascinated critics and film scholars for decades. This book offers an original analysis of the movement and its defining films from the perspective of the cultural unconscious. Combining a Jungian reading with traditional theorizations of film and national identity, _Filming the Nation_ reinterprets familiar images of well-known masterpieces by Roberto Rossellini, Vittorio de Sica and Luchino Visconti and introduces some of their less renowned yet equally significant films. Providing an illuminating analysis of film (...) images across a particularly traumatic and complex historical period, _Filming the Nation_ revisits the concept of national identity and its ‘construction’ from a perspective that combines cultural, psychoanalytic and post-Jungian theories. As such this book will be essential reading for all students and scholars of film and psychoanalysis. (shrink)

In Danto's view, Andy Warhol's Brillo Box was not only a radical attack on traditional definitions of the art work; it brought the history of Western art to a close. In this collection of interconnected essays, he grapples with this and many more of the most challenging issues in art today, from the problems of contemporary pluralism to the dilemmas of censorship and state support for artists.

Background Biobanking and genomic research requires collection and storage of human tissue from study participants. From participants’ perspectives within the African context, this can be associated with fears and misgivings due to a myriad of factors including myths and mistrust of researchers. From the researchers angle ethical dilemmas may arise especially with consenting and sample reuse during storage. The aim of this paper was to explore these ethical considerations in the establishment and conduct of biobanking and genomic studies in Africa. (...) Methods We conducted a narrative synthesis following a comprehensive search of nine (9) databases and grey literature. All primary research study designs were eligible for inclusion as well as both quantitative and qualitative evidence from peer reviewed journals, spanning a maximum of 20 years (2000–2020). It focused on research work conducted in Africa, even if data was stored or analysed outside the region. Results Of 2,663 title and abstracts screened, 94 full texts were retrieved and reviewed for eligibility. We included 12 studies (7 qualitative; 4 quantitative and one mixed methods). Ethical issues described in these papers related to community knowledge and understanding of biobanking and genomic research, regulation, and governance of same by research ethics committees, enrolment of participants, types of informed consents, data collection, storage, usage and sharing as well as material transfer, returning results and benefit sharing. ca. Biospecimen collection and storage is given in trust and participants expect confidentially of data and results generated. Most participants are comfortable with broad consent due to trust in researchers, though a few would like to be contacted for reconsenting in future studies, and this would depend on whether the new research is for good cause. Sharing data with external partners is welcome in some contexts but some research participants did not trust foreign researchers. Conclusion Biobanking and genomic studies are a real need in Africa. Linked to this are ethical considerations related to setting up and participation in biobanks as well as data storage, export, use and sharing. There is emerging or pre-existing consensus around the acceptability of broad consent as a suitable model of consent, the need for Africans to take the lead in international collaborative studies, with deliberate efforts to build capacity in local storage and analysis of samples and employ processes of sample collection and use that build trust of communities and potential study participants. Research ethics committees, researchers and communities need to work together to work together to adapt and use clearly defined ethical frameworks, guidelines, and policy documents to harmonize the establishment and running of biobanking and genomic research in Africa. (shrink)

This collection of essays by one of America's leading legal theorists is unique in its scope: It shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics and political science. There are four sections in the book. The first offers a new version of legal positivism and an original theory of legal rights. The second section critically evaluates the economic approach to law, and the third considers the relationship of justice to liability (...) for unintentional harms and to the practice of settling disputes rather than fully litigating them. Finally, Coleman explores formal social choice in democratic theory, the relationship between market behaviour and voting, and the view that morality itself, like law, is a solution of the problem of market failure. This book will be of cardinal importance to philosophers of law, legal theorists, political scientists and economists. (shrink)

David Hume's Dialogues concerning Natural Religion, first published in 1779, is one of the most influential works in the philosophy of religion and the most artful instance of philosophical dialogue since the dialogues of Plato. It presents a fictional conversation between a sceptic, an orthodox Christian, and a Newtonian theist concerning evidence for the existence of an intelligent cause of nature based on observable features of the world. This edition presents it together with several of Hume's other, shorter writings about (...) religion, and with brief selections from the work of Pierre Bayle, who influenced both Hume's views on religion and the dialectical style of the Dialogues. The volume is completed by an introduction which sets the Dialogues in its philosophical and historical contexts. (shrink)

This collection of essays by one of America's leading legal theorists is unique in its scope: It shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics and political science.

An extraordinary collection of the finest essays in the core areas of legal philosophy, _Readings in Philosophy of_ _Law_ is a perfect introduction to the breadth of issues covered in the philosophy of law. The essays are all classic papers chosen as much for their clarity of thought and comprehensiveness as for their distinctiveness and importance to the subject matters of legal philosophy. This collection is ideal for the professional as well as the student, as it brings together classic essays (...) that are not otherwise available in one volume. The reader sees each author's thoughts and arguments unfold naturally within the context of other important works. For breadth of contributions and intellectual rigor, _Readings in Philosophy of Law_ is unrivalled. (shrink)

This collection of essays by one of America's leading legal theorists is unique in its scope: It shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics and political science.

Objective: To study the preferences of patients for information related to elective procedures.Methods: A survey was carried out using a sample of 187 women. The majority of whom were on a low-income, who obtained obstetric or gynaecological services at St Joseph Regional Medical Center in Milwaukee, Wisconsin, while they were in a waiting room.Results: Many of the complications, including those that are uncommon and less serious, were considered to be relevant to the medical decisions of most patients. Average seriousness ratings (...) associated with complications of various elective procedures were in the range of moderate to high. A frequency of complications of 1:100 or higher would factor into most women’s elective treatment decisions. Women indicated a preference for receiving as much or more information pertaining to complications associated with particular elective obstetric or gynaecological procedures as other elective procedures.Conclusion: Most women wish to be informed of risks and treatment alternatives, rate many complications as serious, and are likely to use information provided to make elective treatment decisions. (shrink)

Examining Metaphors in Biopolitical Discourse This essay argues that common metaphors and metaphoric phrases used in biopolitical discourse limit how meanings are constructed by framing messages narrowly: so much so, that alternate readings are delimited, resulting in less opportunity for cognitive scrutiny of such messages. We moor our discussion of metaphors in cognitive linguistics, building on three decades of research by scholars including Sam Glucksberg, George Lakoff and Mark Johnson, and Ray Gibbs, Jr., demonstrating how research in framing effects bolsters (...) our claims of limited entailments resulting from message construction. By situating our discussion of framing in biopolitics we make a case that metaphors including Frankenfood, designer baby, vegetative state and death tax address how life and death are "managed" in discourse. In this essay we demonstrate ways in which the framing of some metaphors in social discourse slip under readers' and viewers' cognitive radars, and thus become "under-the-radar metaphors.". (shrink)