In an increasingly litigious society where ritual demands for accountability and “taking responsibility” are now commonplace, it is not surprising that members of clinical ethics committees (CECs) are becoming more aware of their potential legal liability. Yet the vulnerability of committee members to legal action is difficult to assess with any certainty. This is because the CECs which have been set up in the UK are—if the American experience is followed—likely to vary significantly in terms of their functions, procedures, composition, (...) structures and authority. As a consequence it is difficult to generalise about the legal implications. Nevertheless, despite these difficulties this article will outline the broad legal principles governing the potential liability of committee members. It will also consider the relationship between CECs and the courts. It begins, however, with a brief analysis of the relationship between ethics and law in committee deliberations, and in particular of the role of law and legal expertise on CECs. (shrink)

Provides an insight into the general principles of the professional-patient relationship.

In a clear and accessible way, the author highlights the relationship between law and ethics explaining how, if and when they overlap and how they diverge. Written in a non-technical, comprehensible and concise style, this topical text presents information and then encourages the reader to work through the differences and similarities between law and ethics. It teases out comparisons and examines how the 'moral' approach differs from the 'legal' one. Case studies at the beginning of each chapter demonstrate scenarios that (...) health professionals may face in day-to-day practice. These are then developed with a theoretical discussion of the legal and ethical issues they reflect. (shrink)

Much of the discussion surrounding the ethics of abortion has centered around the notion of personhood. This is because many philosophers hold that the morality of abortion is contingent on whether the fetus is a person - though, of course, some famous philosophers have rejected this thesis (e.g. Judith Thomson and Don Marquis). In this article, I construct a novel argument for the immorality of abortion based on the notion of impairment. This argument does not assume that the fetus (...) is a person - indeed, I concede (for the sake of argument) that the fetus is not a person - and hence the morality of abortion is not contingent on whether the fetus is a person. I finish by answering a plethora of objections to my argument, concluding that none of them are successful. (shrink)

This article reevaluates research on gender differences in sexual attitudes, a literature characterized by misuse of attitude scales and misinterpretation of those gender differences that are obtained. A study by Hendrick, Hendrick, Slapion-Foote, and Foote is used to illustrate these pitfalls. The gender differences in sexual attitudes obtained in this study, characterized by Hendrick et al. as indicative of women's greater sexual conservatism, are interpreted here as reflections of the different social structural positions of women and men.

Schopenhauer is famously abusive toward his philosophical contemporary and rival, Friedrich William Joseph von Schelling. This chapter examines the motivations for Schopenhauer’s immoderate attitude and the substance behind the insults. It looks carefully at both the nature of the insults and substantive critical objections Schopenhauer had to Schelling’s philosophy, both to Schelling’s metaphysical description of the thing-in-itself and Schelling’s epistemic mechanism of intellectual intuition. It concludes that Schopenhauer’s substantive criticism is reasonable and that Schopenhauer does in fact avoid Schelling’s errors: (...) still, the vehemence of the abuse is best perhaps explained by the proximity of their philosophies, not the distance. Indeed, both are developing metaphysics of will with full and conflicted awareness of the Kantian epistemic strictures against metaphysics. In view of this, Schopenhauer is particularly concerned to mark his own project as legitimate by highlighting the manner in which he avoids Schelling’s errors. (shrink)

P-zombies are creatures that are physically (functionally, behaviorally) like you and I and yet lack phenomenal consciousness. If such creatures are possible, it’s (typically) taken to show property dualism is true: phenomenal consciousness isn’t reducible to—nor does it supervene on—physical states. If inverted qualia are possible, it’s possible that you and I have identical physical states and yet you see tomatoes as green and I see tomatoes as red. If this is the case, then (again) property dualism is (typically) taken (...) to be true. In this article, I’ll show that p-zombies and inverted qualia—if they are actually possible—prove more than previously thought: if one thinks p-zombies or inverted qualia are possible, then she should endorse one of the four following theses: (i) substance dualism, (ii) we have even more reason to reject p-zombies and inverted qualia since they entail an even more radical conclusion than previously thought (i.e. substance dualism), (iii) eliminativism about selves, or (iv) friends of p-zombies and inverted qualia have homework: they need to show a relevant, plausible disanalogy between arguments for p-zombies and inverted qualia as traditionally stated and my parallel arguments that entail substance dualism. My purpose here isn’t to defend any of these particular options. Instead, my purpose is to highlight that these are the four options available to take. (shrink)

Critics of skeptical theism often claim that if it (skeptical theism) is true, then we are in the dark about whether (or for all we know) there is a morally justifying for God to radically deceive us. From here, it is argued that radical skepticism follows: if we are truly in the dark about whether there is a morally justifying reason for God to radically deceive us, then we cannot know anything. In this article, I show that skeptical theism does (...) not entail that we are in the dark about whether (or for all we know) there is a morally justifying reason for God to deceive us. And hence arguments against skeptical theism that make use of this assumption fail. (shrink)

Perry Hendricks’ impairment argument for the immorality of abortion is based on two premises: first, impairing a fetus with fetal alcohol syndrome is immoral, and second, if impairing an organism to some degree is immoral, then ceteris paribus, impairing it to a higher degree is also immoral. He calls this the impairment principle. Since abortion impairs a fetus to a higher degree than FAS, it follows from these two premises that abortion is immoral. Critics have focussed on the ceteris paribus (...) clause of TIP, which requires that the relevant details surrounding each impairment be sufficiently similar. In this article, we show that the ceteris paribus clause is superfluous, and by replacing it with a more restrictive condition, the impairment argument is considerably strengthened. There are no data in this work. (shrink)

The “Embryo Rescue Case” (ERC) refers to a thought experiment that is used to argue against the view that embryos have a right to life (i.e. are persons). I will argue that cognitive science undermines the intuition elicited by the ERC; I will show that whether or not embryos have a right to life, our mental tools will make it very difficult to believe that embryos have said right. This suggests that the intuition elicited by the ERC is not truth (...) indicative. The upshot of this is that we have an undercutting defeater for our intuition that embryos do not have a right to life. (shrink)

We argue that the evil-god challenge is not an additional challenge for theists above and beyond the (much older) gap problem. One version of the evil-god challenge is merely a specific instance of the gap problem, and another is dependent on that specific instance of the gap problem. Therefore, the various solutions to the gap problem that theists have developed double as responses to the evil-god challenge, placing the evil-god challenge in a more vulnerable position than has been supposed.

Perry Hendricks’ original impairment argument for the immorality of abortion is based on the impairment principle (TIP): if impairing an organism to some degree is immoral, then ceteris paribus, impairing it to a higher degree is also immoral. Since abortion impairs a fetus to a higher degree than fetal alcohol syndrome (FAS) and giving a fetus FAS is immoral, it follows that abortion is immoral. Critics have argued that the ceteris paribus is not met for FAS and abortion, and so (...) we proposed the Modified Impairment Principle (MIP) to avoid these difficulties. Dustin Crummett has responded, arguing that MIP is open to various counterexamples which show it to be false. He also shows that MIP can generate moral dilemmas. Here, we propose a modification to MIP that resolves the issues Crummett raises. Additionally, Alex Gillham has criticized our appropriation of Don Marquis’ ‘future like ours’ reasoning about the wrongness of impairment. We show that his objections have minimal implications for our argument. (shrink)

In ____Bodies That Matter,__ Judith Butler further develops her distinctive theory of gender by examining the workings of power at the most "material" dimensions of sex and sexuality. Deepening the inquiries she began in _Gender_ _Trouble,_ Butler offers an original reformulation of the materiality of bodies, examining how the power of heterosexual hegemony forms the "matter" of bodies, sex, and gender. Butler argues that power operates to constrain "sex" from the start, delimiting what counts as a viable sex. She (...) offers a clarification of the notion of "performativity" introduced in _Gender Trouble_ and explores the meaning of a citational politics. The text includes readings of Plato, Irigaray, Lacan, and Freud on the formation of materiality and bodily boundaries; "Paris is Burning," Nella Larsen's "Passing," and short stories by Willa Cather; along with a reconsideration of "performativity" and politics in feminist, queer, and radical democratic theory. (shrink)

One of the most talked-about scholarly works of the past fifty years, Judith Butler’s _Gender Trouble_ is as celebrated as it is controversial. Arguing that traditional feminism is wrong to look to a natural, 'essential' notion of the female, or indeed of sex or gender, Butler starts by questioning the category 'woman' and continues in this vein with examinations of 'the masculine' and 'the feminine'. Best known however, but also most often misinterpreted, is Butler's concept of gender as a (...) reiterated social _performance _rather than the expression of a prior reality. Thrilling and provocative, few other academic works have roused passions to the same extent. (shrink)

One of the most talked-about scholarly works of the past fifty years, Judith Butler’s _Gender Trouble_ is as celebrated as it is controversial. Arguing that traditional feminism is wrong to look to a natural, 'essential' notion of the female, or indeed of sex or gender, Butler starts by questioning the category 'woman' and continues in this vein with examinations of 'the masculine' and 'the feminine'. Best known however, but also most often misinterpreted, is Butler's concept of gender as a (...) reiterated social _performance _rather than the expression of a prior reality. Thrilling and provocative, few other academic works have roused passions to the same extent. (shrink)

Ever since feminist theory introduced the distinction between sex and gender, the question of what it means to be a woman has preoccupied feminist thought. In ____Gender__ ____Trouble ____ Judith Butler questions whether it is possible to "be" a woman at all or, for that matter, any gender.

Lougheed argues that a possible solution to the problem of divine hiddenness is that God hides in order to increase the axiological value of the world. In a world where God exists, the goods associated with theism necessarily obtain. But Lougheed also claims that in such a world it’s possible to experience the goods of atheism, even if they don’t actually obtain. This is what makes a world with a hidden God more valuable than a world where God is unhidden, (...) and also more valuable than an atheistic world with no God. We show that Lougheed never considers the comparison between a world where God hides and an atheistic world. We argue that it’s possible for a person to experience theistic goods in a world where God does not exist, a possibility Lougheed never considers. If this is right it undermines his axiological solution to divine hiddenness. We conclude by showing how our discussion of the axiology of theism connects to the existential question of whether God exists; that is, we show that the axiological question is dependent on the existential question. (shrink)

The pelvic exam is used to assess the health of female reproductive organs and so involves digital penetration by a physician. However, it is common practice for medical students to acquire experience in administering pelvic exams by performing them on unconscious patients without prior authorization. In this article, we argue that such unauthorized pelvic exams (UPEs) are sexual assault. Our argument is simple: in any other circumstance, unauthorized digital penetration amounts to sexual assault. Since there are no morally significant differences (...) between UPEs and other instances of digital penetration, UPEs are sexual assault. So, insofar as one is against sexual assault, one should be against UPEs. (shrink)

The purpose of this survey is twofold: (1) to place some centralthemes of epistemic logic in a general epistemological context,and (2) to outline a new framework for epistemic logic developedjointly with S. Andur Pedersen unifying some key ``mainstream''epistemological concerns with the ``formal'' epistemologicalapparatus.

What is the role of language in constructing knowledge? In this article, we ask whether learning new relational language can create new ways of thinking. In Experiment 1, we taught English speakers to talk about time using new vertical linguistic metaphors, saying things like “breakfast is above dinner” or “breakfast is below dinner”. In Experiment 2, rather than teaching people new metaphors, we relied on the left–right representations of time that our American college student participants have already internalized through a (...) lifetime of visuospatial experience reading and writing text from left to right. In both experiments, we asked whether the representations are susceptible to verbal interference. We found that learning new metaphors created new space–time associations that could be detected in a nonlinguistic implicit association task; these newly learned representations were not susceptible to verbal interference; and with respect to both verbal and visual interference, representations newly learned from linguistic metaphor behaved just like those on the left–right axis that our participants had acquired through years of visuospatial experience. Taken together, these results suggest that learning new relational language can be a powerful tool in constructing new representations and expanding our cognitive repertoire. (shrink)

In ____Bodies That Matter,__ Judith Butler further develops her distinctive theory of gender by examining the workings of power at the most "material" dimensions of sex and sexuality. Deepening the inquiries she began in _Gender_ _Trouble,_ Butler offers an original reformulation of the materiality of bodies, examining how the power of heterosexual hegemony forms the "matter" of bodies, sex, and gender. Butler argues that power operates to constrain "sex" from the start, delimiting what counts as a viable sex. She (...) offers a clarification of the notion of "performativity" introduced in _Gender Trouble_ and explores the meaning of a citational politics. The text includes readings of Plato, Irigaray, Lacan, and Freud on the formation of materiality and bodily boundaries; "Paris is Burning," Nella Larsen's "Passing," and short stories by Willa Cather; along with a reconsideration of "performativity" and politics in feminist, queer, and radical democratic theory. (shrink)

In ____Bodies That Matter,__ Judith Butler further develops her distinctive theory of gender by examining the workings of power at the most "material" dimensions of sex and sexuality. Deepening the inquiries she began in _Gender_ _Trouble,_ Butler offers an original reformulation of the materiality of bodies, examining how the power of heterosexual hegemony forms the "matter" of bodies, sex, and gender. Butler argues that power operates to constrain "sex" from the start, delimiting what counts as a viable sex. She (...) offers a clarification of the notion of "performativity" introduced in _Gender Trouble_ and explores the meaning of a citational politics. The text includes readings of Plato, Irigaray, Lacan, and Freud on the formation of materiality and bodily boundaries; "Paris is Burning," Nella Larsen's "Passing," and short stories by Willa Cather; along with a reconsideration of "performativity" and politics in feminist, queer, and radical democratic theory. (shrink)

Epistemic logic begins with the recognition that our everyday talk about knowing and believing has some systematic features that we can track and re‡ect upon. Epistemic logicians have studied and extended these glints of systematic structure in fascinating and important ways since the early 1960s. However, for one reason or another, mainstream epistemologists have shown little interest. It is striking to contrast the marginal role of epistemic logic in contemporary epistemology with the centrality of modal logic for metaphysicians. This article (...) is intended to help in correcting this oversight by presenting some important developments in epistemic logic and suggesting ways to understand their applicability to traditional epistemological problems. Obviously, by itself, tweaking the formal apparatus of epistemic logic does not solve traditional epistemological problems. Epistemic logic can help us to navigate through problems in a systematic fashion by unpacking the logic of the problematic concepts, it can also lead us to recognize problems that we had not anticipated. This is basically analogous to the role that modal logic has played in contemporary metaphysics. (shrink)

Aristotle wrote that "the ultimate purpose in studying ethics is not as it is in other inquiries, the attainment of theoretical knowledge; we are not conducting this inquiry in order to know what virtue is, but in order to become good, else there would be no advantage in studying it." Ethics for Life is a multicultural and interdisciplinary introductory ethics textbook that provides students with an ethics curriculum that has been shown to significantly improve students' ability to make real-life moral (...) decisions. (shrink)

The structure of narrative discourse is the focus of much current research, but the classicist Walter Burkert argues for a revitalization of the historical approach to myth. He pushes the origins of myth beyond ritual to action patterns man shares with animals. His approach is evaluated in the context of Propp's historical analysis, which complements his 'morphological' approach to Russian folktales; and to Levi-Strauss's synchronic analysis of myth, which sees an ahistoric connection between the myths of North and South America.

Judith Jarvis Thomson; Killing, Letting Die, and The Trolley Problem, The Monist, Volume 59, Issue 2, 1 April 1976, Pages 204–217, https://doi.org/10.5840/monis.

With the same intellectual courage with which she addressed issues of gender, Judith Butler turns her attention to speech and conduct in contemporary political life, looking at several efforts to target speech as conduct that has become subject to political debate and regulation. Reviewing hate speech regulations, anti-pornography arguments, and recent controversies about gay self-declaration in the military, Judith Butler asks whether and how language acts in each of these cultural sites.

Questioning the dominant view that Deleuze and Merleau-Ponty have little of substance in common, Judith Wambacq draws on unpublished primary sources and current scholarship in English and French to bring them into a compelling dialogue to reveal a shared concern with the transcendental conditions of thought.

With the same intellectual courage with which she addressed issues of gender, Judith Butler turns her attention to speech and conduct in contemporary political life, looking at several efforts to target speech as conduct that has become subject to political debate and regulation. Reviewing hate speech regulations, anti-pornography arguments, and recent controversies about gay self-declaration in the military, Judith Butler asks whether and how language acts in each of these cultural sites.

Goodness -- Goodness properties -- Expressivism -- Betterness relations -- Virtue/kind properties -- Correctness properties (acts) -- Correctness properties (mental states) -- Reasons-for (mental states) -- Reasons-for (acts) -- On some views about "ought" : relativism, dilemmas, means-ends -- On some views about "ought" : belief, outcomes, epistemic ought -- Directives -- Addendum 1: "Red" and "good" -- Addendum 2: Correctness -- Addendum 3: Reasons -- Addendum 4: Reasoning.

But what if in order to save 0nc’s life one has to ki]1 another person? In some cases that is obviously permissible. In a case I will call Villainous Aggrcssor, you are standing in :1 meadow, innocently minding your own business, and 21 truck suddenly heads toward you. You try to sidestep the truck, but it tums as you tum. Now you can sec the driver: he is a mam you know has long hated you. What to do? You cannot (...) outrun thc truck. Fortunately, this is not pure nightmare: you just happen to have em antitank gun with you, and can blow up the truck. Of course, if you do this you will kill thc driver, but that does not matter; it is morally permissible for you to blow up thc truck, driver and 211, in defense of your life. (shrink)

Two visual world experiments investigated the processing of the implicature associated with some using a “gumball paradigm.” On each trial, participants saw an image of a gumball machine with an upper chamber with orange and blue gumballs and an empty lower chamber. Gumballs dropped to the lower chamber, creating a contrast between a partitioned set of gumballs of one color and an unpartitioned set of the other. Participants then evaluated spoken statements, such as “You got some of the blue gumballs.” (...) Experiment 1 investigated the time course of the pragmatic enrichment from some to not all when the only utterance alternatives available to refer to the different sets were some and all. In Experiment 2, the number terms two, three, four, and five were also included in the set of alternatives. Scalar implicatures were delayed relative to the interpretation of literal statements with all only when number terms were available. The results are interpreted as evidence for a constraint-based account of scalar implicature processing. (shrink)

Debate about the responsibilities of affluent people to act to lessen global poverty has dominated ethics and political philosophy for forty years. But the controversy has reached an impasse, with the main approaches either demanding too much of ordinary mortals or else letting them off the hook. In Distant Strangers I show how a preoccupation with standard moral theories and with the concepts of duty and obligation have led philosophers astray. I argue that there are serious limits to what can (...) be demanded of ordinary human beings, but that this does not mean we must abandon the moral imperative to reduce poverty. Drawing on findings from behavioral economics and psychology, I show how we can motivate better-off people to lessen poverty without excessively taxing their moral virtue. And I argue that this approach is not just pragmatically but morally appropriate. (shrink)

Genomic biobanking research is undergoing exponential growth in Africa raising a host of legal, ethical and social issues. Given the scientific complexity associated with genomics, there is a growing recognition globally of the importance of science translation and community engagement for this type of research, as it creates the potential to build relationships, increase trust, improve consent processes and empower local communities. Despite this level of recognition, there is a lack of empirical evidence of the practise and processes for effective (...) CE in genomic biobanking in Africa. To begin to address this vacuum, 17 in-depth face to face interviews were conducted with South African experts in genomic biobanking research and CE to provide insight into the process, benefits and challenges of CE in South Africa. Emerging themes were analysed using a contextualised thematic approach. Several themes emerged concerning the conduct of CE in genomic biobanking research in Africa. Although the literature tends to focus on the local community in CE, respondents in this study described three different layers of stakeholder engagement: community level, peer level and high level. Community level engagement includes potential participants, community advisory boards and field workers; peer level engagement includes researchers, biobankers and scientists, while high level engagement includes government officials, funders and policy makers. Although education of each stakeholder layer is important, education of the community layer can be most challenging, due to the complexity of the research and educational levels of stakeholders in this layer. CE is time-consuming and often requires an interdisciplinary research team approach. However careful planning of the engagement strategy, including an understanding of the differing layers of stakeholder engagement, and the specific educational needs at each layer, can help in the development of a relationship based on trust between the research team and various stakeholder groups. Since the community layer often comprises vulnerable populations in low and middle income countries, co-development of innovative educational tools on genomic biobanking is essential. CE is clearly a component of a broader process best described as stakeholder engagement. (shrink)

Many jobs today are alienating: they damage the working person in psychological, mental, intellectual or psychosomatic ways; the psychosomatic damage may be permanent. This ill is due to a disregard for the basic psychological needs not gratified in a large number of workroles. It can be remedied without revolutionizing either the political or the economic-legal systems of pluralist democratic societies. Rather, we should revolutionize the image of the rank-and-file working person and attempt radical experiments in implementing new and democratic structures (...) in the workplace. The feasibility of all this is demonstrated by many successful and viable reforms. These are system-atically overlooked by backward-looking social scientists (Taylorist traditionalists, neo-Marxists and technological determinists). (shrink)

This interview with the philosopher Bernard Stiegler was conducted in Paris on 28 January 2015, and first appeared in Dutch translation in the journal De uil van Minerva. The conversation begins by discussing the fundamental place occupied by the concept of ‘technics’ in Stiegler’s work, and how the ‘constitutivity’ of technics does and does not relate to Kant and Husserl. Stiegler is then asked about his relationship with Deleuze, and he responds by focusing on the concept of quasi-causality, but also (...) by arguing that there is a certain trajectory in Deleuze’s thought, situating his own philosophy in relation to its various moments. Stiegler is then asked to respond to the Charlie Hebdo terrorist attacks carried out three weeks prior to the interview. After making a couple of precautionary remarks, Stiegler relates such occurrences to the problem of what he calls ‘spiritual poverty’, to the intensification of ‘negative sublimation’ that can occur when there is a disconnection between the generations, and more generally to the growth of nihilism. All of these phenomena relate to the exploitation of technology by a virulent capitalism that irrationally believes that only the market is rational. After consideration of the complex historical relationship between Islam and modernization, and of both of these to Nietzsche’s ‘death of God’, and after recalling the destructive role played by the West in the rise of fundamentalism and jihadism, Stiegler concludes by reflecting on the fact that, ultimately, ‘intellectuals’ have failed to use technologies in ways that produce alternatives to consumerism. (shrink)

But if there aren’t, then ‘they’ are not caused by anything and do not cause anything. That certainly appears to be false, however. John’s absence from our party might have been caused by his having fallen ill, and might cause a commotion. Dick’s not eating his soup might have been caused by his having fallen ill, and might cause a commotion.

Two decades of research on euthanasia in the Netherlands have resulted into clear insights in the frequency and characteristics of euthanasia and other medical end-of-life decisions in the Netherlands. These empirical studies have contributed to the quality of the public debate, and to the regulating and public control of euthanasia and physician-assisted suicide. No slippery slope seems to have occurred. Physicians seem to adhere to the criteria for due care in the large majority of cases. Further, it has been shown (...) that the majority of physicians think that the euthanasia Act has improved their legal certainty and contributes to the carefulness of life-terminating acts. In 2005, eighty percent of the euthanasia cases were reported to the review committees. Thus, the transparency envisaged by the Act still does not extend to all cases. Unreported cases almost all involve the use of opioids, and are not considered to be euthanasia by physicians. More education and debate is needed to disentangle in these situations which acts should be regarded as euthanasia and which should not. Medical end-of-life decision-making is a crucial part of end-of-life care. It should therefore be given continuous attention in health care policy and medical training. Systematic periodic research is crucial for enhancing our understanding of end-of-life care in modern medicine, in which the pursuit of a good quality of dying is nowadays widely recognized as an important goal, in addition to the traditional goals such as curing diseases and prolonging life. (shrink)