One goal of the transplant community is to seek ways to increase the number of people who are willing and able to donate organs. People in states between life and death are often medically excellent candidates for donating organs. Yet public policy surrounding organ procurement is a delicate matter. While there is the utilitarian goal of increasing organ supply, there is also the deontologic concern about respect for persons. Public policy must properly mediate between these two concerns. Currently the dead (...) donor (dd) rule is appealed to as an attempt at such mediation. I argue that given the lack of consensus on a definition of death, the dd rule is no longer successful at mediating utilitarian and deontologic concerns. I suggest instead that focusing on a particular person's history can be successful. (shrink)

Autonomous decisions are decisions that reflect the self who makes them. Since patients in need of surrogate decision making can no longer enjoy the dignity of being free to express who they are through choice and action, surrogates should strive to, at least, make sure that decisions on behalf of the patient reflects that patient's self. Concepts of the self, then, underlie views about the role autonomy should play in surrogate decision making. Alzheimer's disease (AD) complicates the situation because it (...) is a disease which effects the self and theorists disagree about which aspect of the AD self the decision should reflect. This disagreement has led to a seemingly irresolvable split between those who favor the then self and those who favor the now self. The debate has stalled because while both of these views are attractive, neither seems adequate. That is, neither view is complete because each focuses only on one aspect of a whole self. In this paper, I argue that a good mode of surrogate decision making is one that focuses on the whole self and I offer practical advice concerning how we can begin to think about how such a decision might be made. (shrink)

In recent years, there has been much discussion over how to assure scientific integrity. It has become clear that a few scientists have fraudulently collected or reported data, conducted harmful or unethical experiments, or practiced “unscientific” procedure. What are regulative bodies to do? The approach has been to define research misconduct and then use that definition to assess scientific practice.[1] But just how to define research misconduct and hence, regulate the conduct of scientists in research? The debate that resulted in (...) response to this question, and that led ultimately to the new federal definition (42CFR50), has both theoretical and political underpinnings. The political underpinnings have been greatly discussed. But the theoretical underpinnings (and their connection to the political) have not. To give a definition of “good” versus “bad” science requires some understanding of the scientific process itself. So theoretical ideas about what constitutes good or bad science—ideas that influence and help shape our ideas and applications of research misconduct definitions—have political implications for the regulation of science. However, as the debates within both the scientific and philosophical communities have made clear, there are significant limits to any appropriate legislation of what counts as “good” science. A definition of research misconduct (or “bad” science) that spells out the nature of science too stringently may stifle scientific innovation. Consider the case of sociobiology when it was first introduced in the 1970’s. The idea is to account for social behavior of various species (including Homo sapiens) in terms of evolutionary biology. To take one example from sociobiology, the greater tendency of males toward rape is to be explained in terms of the evolutionary advantage for the male’s genes. Not surprisingly, sociobiology met with great controversy; some considered it an inappropriate application of biological principles to the social-interpretive-human domain. Still, few did or would suggest that it is the province of any regulatory body to silence the advocates of the new field. We will endorse and reinforce the standard arguments that the scientific process is too complicated to provide mechanical rules of conduct.. (shrink)

The paternalism, autonomy debate was influenced by traditional ideas that reasons are either objective (based on values existing independent of any particular person) or subjective (based on values tied to individual's personal histories). This dichotomy has been rewarding for the health care community. However, the tenets of this debate have influenced the nature of deliberation in a way that seriously compromises the ability of health care professionals and patients to bring reflection (the search for justified reasons) to a successful end. (...) It sets up the moral landscape not as one of unity and reciprocity, but as one of divisiveness and distance-where one person (the physician) does something to another (paternalism) or for another (patient autonomy), rather than with another. This distance and divisiveness undermines the unity of wills and genuine reciprocity that I argue is indispensable for genuinely good relationships and necessary for successfully establishing what reasons there are to act. It has created an abyss in communication that even recent suggestions for change cannot bridge. In this paper, I discuss the nature of this abyss and the problems it has created by demonstrating that traditional theoretical ideas about the nature of reasons have influenced the nature of deliberation in health care. I argue that recent suggestions for “justified paternalism” fail to bridge the abyss. Finally, I suggest that to be successful, we must change the framework; we must reject the ideas of objective and subjective value and embrace instead the idea that values are intersubjective. (shrink)

In this article, Professors Wolff and Koppelman offer a critical analysis of the free speech claims that were asserted by the law schools and law faculty that sought to challenge the Solomon Amendment. Solomon is a federal statute that requires law schools to grant full and equal access to military recruiters during the student interview season. The military discriminates against gay men and lesbians under its t Ask, Don policy, and the law professors claimed a right to exclude the military (...) under the First Amendment doctrine of arguing that the presence of discriminatory recruiters would interfere with the ability of faculty to express their own message of inclusion toward their gay students. Those claims were ultimately rejected by the Supreme Court in Rumsfeld v. FAIR. Wolff and Koppelman argue that the law professors' litigation efforts, though well intentioned, were deeply misguided, seeking to extend a recent and aberrational decision in the law of expressive association to unsustainable lengths and, in the process, offering a characterization of the manner in which faculty engage in their own expression that is inconsistent with the ideals that should govern institutions of higher learning. (shrink)

Why do we grant religious exemptions? Many distinguished scholars and judges have been drawn to the idea that conscience is entitled to special protection, because a person in its grip cannot obey the law without betraying his deepest, most identity-defining commitments. The weakness of this justification is shown by philosopher Harry Frankfurt's account of what he calls “volitional necessity,” which clarifies the structure of the argument that invocations of conscience imply. Frankfurt shows that a person can be bound in this (...) way by allegiances that there is no reason to respect; volitional necessity can arise from anything at all that a person cares about. Conscience is thus a poor basis for claims upon other people. Accommodation must rather depend on some idea of the value of religion. (shrink)

This study investigates the relationship between mental health and emotional intelligence among senior high school students in a public school. Thus, the study employed a correlational design to measure the relationship between mental health and emotional intelligence among 152 Grade 12 senior high school students in a public school. Hence, to measure the study’s variables - Mental Health Inventory and Emotional Intelligence Scale (EIS) were utilized. Based on the inferential statistics, the r coefficient of 0.32 indicates a low positive correlation (...) between the variables and a p-value of 0.00, indicating a significant relationship between the respondents' mental health and emotional intelligence. Implications and recommendations were discussed in the study. (shrink)

A lively history of American libertarianism and its decay into dangerous fantasy. In 2010 in South Fulton, Tennessee, each household paid the local fire department a yearly fee of $75.00. That year, Gene Cranick's house accidentally caught fire. But the fire department refused to come because Cranick had forgotten to pay his yearly fee, leaving his home in ashes. Observers across the political spectrum agreed-some with horror and some with enthusiasm-that this revealed the true face of libertarianism. But libertarianism did (...) not always require callous indifference to the misfortunes of others. Modern libertarianism began with Friedrich Hayek's admirable corrective to the Depression-era vogue for central economic planning. It resisted oppressive state power. It showed how capitalism could improve life for everyone. Yet today, it's a toxic blend of anarchism, disdain for the weak, and rationalization for environmental catastrophe. Libertarians today accept new, radical arguments-which crumble under scrutiny-that justify dishonest business practices and Covid deniers who refuse to wear masks in the name of "freedom." Andrew Koppelman's book traces libertarianism's evolution from Hayek's moderate pro-market ideas to the romantic fabulism of Murray Rothbard, Robert Nozick, and Ayn Rand, and Charles Koch's promotion of climate change denial. Burning Down the House is the definitive history of an ideological movement that has reshaped American politics. (shrink)

What moral commitments do we manifest when we make claims upon one another? The practice of claiming is inescapable, and so any normative presuppositions of that practice are similarly inescapable (at least on pain of self-contradiction). This inquiry thus promises an Archimedian point from which to address intractable moral disagreements in modern society. Whatever we happen to differ about, we can be shown to agree about these premises, and therefore to share commitment to whatever can be derived from these premises. (...) The most prominent developer of this approach is Jürgen Habermas, who has sought to ground, inter alia, religious and cultural rights on this basis. I will argue that the strategy cannot resolve disagreement in the way Habermas hopes, and that this has been shown, perhaps inadvertently, by Stephen Darwall, who for very different reasons seeks to work out the premises of the practice of claiming (and who never discusses Habermas). Darwall has no apparent interest in finding a universally convincing basis for resolving moral controversies. He seeks to address, not the practical problems of a pluralistic society, but some specialized, albeit important, questions of metaethics, having to do with what kind of entity a moral claim is . Both Habermas and Darwall think that discourse presupposes a kind of respect among persons. Darwall, however, shows that respect is too fluid, and takes too many possible forms, to ground any but the most trivial specific moral claims. (shrink)

Freedom of thought means freedom from social tyranny, the capacity to think for oneself, to encounter even shocking ideas without shrinking away from them. That aspiration is a core concern of the free speech tradition. It is not specifically concerned with law, but it explains some familiar aspects of the First Amendment law we actually have—aspects that the most prevalent theories of free speech fail to capture. It explains the prohibition of compelled speech, and can clarify the perennial puzzle of (...) why freedom of speech extends to art and literature. It also tells us something about the limits of legal regulation, and about the ethical obligations of private actors. (shrink)

Is pornography within the coverage of the First Amendment? A familiar argument claims that it is not. This argument reasons that the free speech principle protects the communication of ideas, which appeal to the reason ; pornography communicates no ideas and appeals to the passions rather than the reason ; therefore pornography is not protected by the free speech principle. This argument has been specified in different ways by different writers. The most prominent and careful of these are Frederick Schauer (...) and John Finnis. Both founder on the attempt to distinguish pornography from art, which both would protect. If art, film, and literature should be protected, then this protection should extend to the pornographic subsets of these genres. (shrink)

As medical technology becomes more sophisticate the ability to manipulate nature and manage disease forces the dilemma of when can becomes ought. Indeed, most bioethical discourse is framed in terms of balancing the values and interests and the benefits and burdens that inform principled decisions about how, when, and whether interventions should occur. Yet, despite advances in science and technology, one caregiver mandate remains as constant and compelling as it was for the earliest shaman—the relief of pain. Even when cure (...) is impossible, the physician's duty of care includes palliation. Moreover, the centrality of this obligation is both unquestioned and universal, transcending time and cultural boundaries.Although universally acknowledged, pain is a complex phenomenon for both the patient and the caregiver, influenced as much by personal values and cultural traditions as by physiological injury and disease. (shrink)

This book's thirty essays explore philosophically the nature and morality of sexual perversion, cybersex, masturbation, homosexuality, contraception, same-sex marriage, promiscuity, pedophilia, date rape, sexual objectification, teacher-student relationships, pornography, and prostitution. Authors include Martha Nussbaum, Thomas Nagel, Alan Goldman, John Finnis, Sallie Tisdale, Robin West, Alan Wertheimer, John Corvino, Cheshire Calhoun, Jerome Neu, and Alan Soble, among others. A valuable resource for sex researchers as well as undergraduate courses in the philosophy of sex.

Sensory processing dysfunction is characterized by a behaviorally observed difference in the response to sensory information from the environment. While the cerebellum is involved in normal sensory processing, it has not yet been examined in SPD. Diffusion tensor imaging scans of children with SPD and typically developing controls were compared for fractional anisotropy, mean diffusivity, radial diffusivity, and axial diffusivity across the following cerebellar tracts: the middle cerebellar peduncles, superior cerebellar peduncles, and cerebral peduncles. Compared to TDC, children with SPD (...) show reduced microstructural integrity of the SCP and MCP, characterized by reduced FA and increased MD and RD, which correlates with abnormal auditory behavior, multisensory integration, and attention, but not tactile behavior or direct measures of auditory discrimination. In contradistinction, decreased CP microstructural integrity in SPD correlates with abnormal tactile and auditory behavior and direct measures of auditory discrimination, but not multisensory integration or attention. Hence, altered cerebellar white matter organization is associated with complex sensory behavior and attention in SPD, which prompts further consideration of diagnostic measures and treatments to better serve affected individuals. (shrink)

Certain philosophers have argued in favour of recognising a right to freedom of conscience that includes a defeasible right of individuals to live in accordance with their perceived moral duties. This right requires the government to exempt people from general laws or regulations that prevent them from acting consistently with their perceived moral duties. The importance of protecting individuals’ integrity is sometimes invoked in favour of accommodating conscience. I argue that personal integrity is valuable since autonomy, identity and self-respect are (...) all dependent on the preservation of personal integrity. I respond to two objections, one pressed by Andrew Koppelman and the other by Richard Arneson, to the claim that personal integrity is valuable, and to a further argument by Arneson to the effect that it is unfair to others claiming accommodations to exempt those with conscience-based claims. (shrink)