In order to determine whether a particular course of conduct is ethically permissible it is important to have a concept of what it means to be harmed. The dominant theory of harm is the counterfactual account, most famously proposed by Joel Feinberg. This determines whether harm is caused by comparing what actually happened in a given situation with the ‘counterfacts’ i.e. what would have occurred had the putatively harmful conduct not taken place. If a person's interests are worse off than (...) they otherwise would have been, then a person will be harmed. This definition has recently faced challenges from bioethicists such as John Harris, Guy Kahane and Julian Savulescu who, believing it to be severely flawed, have proposed their own alternative theories of the concept. In this article I will demonstrate that the shortcomings Harris, Kahane and Savulescu believe are present in Feinberg's theory are illusory and that it is their own accounts of harm that are fraught with logical errors. I maintain that the arguments presented to refute Feinberg's theory not only fail to achieve this goal and can be accommodated within the counterfactual account but that they actually undermine the theories presented by their respective authors. The final conclusion will be that these challenges are misconceived and fail to displace the counterfactual theory. (shrink)

In modern law medical paternalism no longer rules. Respect for patient autonomy is now a fundamental principle of both medical law and bioethics. As a result of these developments, and cases such as Rees v Darlington Memorial NHS Trust and Chester v Afshar, there have been suggestions that the law of clinical negligence should be developed so as to recognise diminished autonomy as a form of actionable damage in this area of tort law. Yet in order for the tort of (...) negligence to recognise this new interest, it is first necessary to determine how autonomy should be understood in this context. The purpose of this article is to shed light on this issue and arrive at a suitable definition of the concept. After outlining the different theories of autonomy it is argued that the traditional liberal definition is the most philosophically and legally coherent. (shrink)

Health and health care are vitally important to all of us, and academic interest in the law regulating health has, over the last 50 years, become an important field of academic study. An analysis of the development of, changes in, and scope of Health Law and Ethics to date, is both timely and of interest to students and scholars alike, along with an exploration of its likely future development. This work brings together contributions from leading and emerging scholars in the (...) field. Each contributor has been invited to select and analyse a 'leading work', which has for them shed light on the way that Health Law and Ethics has developed. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field. This collection also includes a specially written Introduction and Conclusion, which critically reflect upon the development of Health Law and Ethics and its likely future developments in the light of the reflections by contributors on their chosen leading works. The book will be of interest to students, teachers and researchers in Health Law and Ethics, as it provides critical discussions and assessments of some of the leading scholarship in the field. (shrink)

In the United Kingdom, the question of how much information is required to be given to patients about the benefits and risks of proposed treatment remains extant. Issues about whether healthcare resources can accommodate extended shared decision-making processes are yet to be resolved. COVID-19 has now stepped into this arena of uncertainty, adding more complexity. U.K. public health responses to the pandemic raise important questions about professional standards regarding how the obtaining and recording of consent might change or be maintained (...) in such emergency conditions, particularly in settings where equipment, medicines, and appropriately trained or specialized staff are in short supply. Such conditions have important implications for the professional capacity and knowledge available to discuss the risks and benefits of and alternatives to proposed treatment with patients. The government’s drive to expedite the recruitment to wards of medical students nearing the end of their studies, as well as inviting retired practitioners back into practice, raises questions about the ability of such healthcare providers to engage fully in shared decision-making.This article explores whether the legal duty on healthcare practitioners to disclose the material risks of a proposed medical treatment to a patient should be upheld during pandemic conditions or whether the pre-eminence of patient autonomy should be partly sacrificed in such exceptional circumstances. We argue that measures to protect public health and to respect autonomous decision-making are not mutually exclusive and that there are good reasons to maintain professional standards in obtaining consent to treatment even during acute pressures on public health systems. (shrink)

How can we talk meaningfully about the past if it does not exist to be talked about? What gives time its direction? Is time travel possible? This defence of presentism - the view that only the present exists - makes an original contribution to a fast growing and exciting debate.

How can we talk meaningfully about the past if it does not exist to be talked about? What gives time its direction? Is time travel possible? This defence of presentism - the view that only the present exists - makes an original contribution to a fast growing and exciting debate.

Orthodox epistemological disjunctivism involves the idea that paradigm cases of visual perceptual knowledge are based on visual perceptual states which are propositional, and hence representational. Given this, the orthodox version of epistemological disjunctivism takes on controversial representational commitments in the philosophy of perception. Must epistemological disjunctivism involve these commitments? I don’t think so. Here I argue that we can take epistemological disjunctivism in a new direction and develop a version of the view free of these representational commitments. The basic idea (...) is that instead of conceiving of knowledge grounding perceptions as states in which one sees that such-and-such is the case, we should instead conceive of them as states or episodes in which one sees a thing, we should conceive of them as thing-seeings. I’ll suggest that we can cast such seeings in a knowledge grounding role without conceiving of them as representational. But this is because we can put thing-seeings to epistemological work, in the framework of epistemological disjunctivism, whilst remaining neutral on whether or not they are propositional, or representational at all. The point, then, is not to replace epistemological disjunctivism’s controversial representational commitments with controversial non-representational commitments. The point is, rather, that epistemological disjunctivism can be developed with fewer commitments in the philosophy of perception than is usually appreciated. (shrink)

This book is a combined anthology and guide intended for use as a textbook in courses on philosophy of religion. It aims to bring to the student the very best of cutting-edge work on important topics in the field. (publisher, edited).

The Russian philosopher and cultural theorist Mikhail Bakhtin has traditionally been seen as the leading figure in the group of intellectuals known as the Bakhtin Circle. The writings of other members of the Circle are considered much less important than his work, while Bakhtin's achievement has been exaggerated in proportion to the downgrading of the thinkers with whom he associated in the 1920s. This volume, which includes new translations and studies of the work of the most important members of the (...) Circle, sets out to correct the distortions in the established representations of its activity. The original contributions to literary and linguistic theory made by Valentin Voloshinov and Pavel Medvedev (but frequently credited to Bakhtin) are assessed, and the distinctiveness of their approaches is highlighted. (shrink)

The counterfactual mental state of negligent criminal activity invites skepticism from those who see mental states as essential to responsibility. Here, I offer a revision of the mental state of criminal negligence, one where the mental state at issue is actual and not merely counterfactual. This revision dissolves the worry raised by the skeptic and helps to explain negligence’s comparatively reduced culpability.

This 2-in-1 anthology and guide brings together the most influential readings on key topics in philosophy of religion from the Christian tradition and sets them in context.

Politics pervades every aspect of our lives as human beings. As Aristotle said, we are "political animals.

The conceptions of jealousy used by philosophical writers are various, and, this paper suggests, largely inadequate. In particular, the difference between jealousy and envy has not yet been plausibly specified. This paper surveys some past analyses of this distinction and addresses problems with them, before proposing its own positive account of jealousy, developed from an idea of Leila Tov-Ruach(a.k.a. A. O. Rorty). Three conditions for being jealous are proposed and it is shownhow each of them helps to tell the emotion (...) apart from some distinct species of envy.It is acknowledged that the referents of the two terms are, to some extent, overlapping,but shown how this overlap is justified by the psychologies of the respective emotions. (shrink)

Drunk drivers and other culpably incapacitated wrongdoers are often taken to pose a problem for reasons-responsiveness accounts of moral responsibility. These accounts predicate moral responsibility upon an agent having the capacities to perceive and act upon moral reasons, and the culpably incapacitated wrongdoers lack exactly those capacities at the time of their wrongdoing. Many reasons-responsiveness advocates thus expand their account of responsibility to include a tracing condition: The culpably incapacitated wrongdoer is blameworthy despite his incapacitation precisely because he is responsible (...) for becoming incapacitated. As some skeptics have suggested, it is not clear that we need tracing. Here, however, I make a stronger case against tracing: I show that tracing gets things wrong. I consider a new sort of case, the case of the Odysseus agent, whose incapacitation is non-culpable (sometimes merely permissible and sometimes praiseworthy). Tracing would have us hold responsible and therefore blame unlucky Odysseus agents, Odysseus agents who commit a wrongdoing in the throes of their non-culpably induced incapacitation. But we should not hold these unlucky Odysseus agents responsible for their incapacitated wrongdoing. Because tracing gets these cases wrong, we should reject tracing. (shrink)

What is addiction? Why do some people become addicted while others do not? Is the addict rational? In this book, Craig Hanson attempts to answer these questions and more. Using insights from the beginnings of philosophy to contemporary behavioral economics, Hanson attempts to assess the variety of ways in which we can and cannot, understand addiction. Special consideration is given to a challenging (and controversial) proposal dubbed “hyperbolic discounting.” Hanson proposes some modifications to the hyperbolic discounting view that permit (...) it to explain not only addiction, but also a variety of psychological maladies, such as self-deception. (shrink)

For many philosophers, bad-history wrongdoers are primarily interesting because of what their cases might tell us about the interaction of moral responsibility and history. However, philosophers focusing on blameworthiness have overlooked important questions about blame itself. These bad-history cases are complicated because blame and sympathy are both fitting. When we are careful to consider the rich natures of those two reactions, we see that they conflict in several important ways. We should see bad-history cases as cases about whether and how (...) we should blame, rather than as cases giving us ready insight into the nature of moral responsibility. (shrink)

As we navigate through life, we model time as flowing, the present as special, and the past as “dead.” This model of time—manifest time—develops in childhood and later thoroughly infiltrates our language, thought, and behavior. It is part of what makes a human life recognizably human. Yet if physics is correct, this model of the world is deeply mistaken. This book is about this conflict between manifest and physical time. The first half dives into the physics and philosophy to establish (...) the conflict’s existence; but it also argues that the claim that physics “spatializes” time is overstated. Rather, even relativity theory makes time special in deep and significant ways. The second half turns to psychology, biology, and more, seeking to understand why creatures like us develop manifest time. The novel picture that results is that manifest time is a natural reaction to the many cognitive and evolutionary challenges that we face. For subjects embedded in our circumstances, it makes sense to develop—even if fundamentally wrong. (shrink)

This is an essential book for every serious student of Plato, for anyone teaching the Republic, and for every library.

Duress is a defense in both law and morality. The bank teller who provides an armed robber with the bank vault combination, the innocent suspect who fabricates a story after hours of interrogation, the Good Samaritan who breaks into a private cabin in the woods to save a stranded hiker, and the father who drives at high speed to rush his injured child to the hospital—in deciding how to respond to agents like these, we should take into account that they (...) have acted under duress. In this paper, I offer a new duress defense, which I call “distinctive duress.” The distinctive-duress defense is neither ordinary justification nor ordinary excuse. Rather, it is a defense available to agents who act wrongly because they are appropriately insensitive to certain reasons. In the distinctive-duress cases, an agent’s normative sensitivities are rightly directed elsewhere, leading them awry. (shrink)

This paper considers the sorts of evaluations that underlie the emotion of embarrassment, by questioning what unifies the various kinds of situations in which this emotion typically arises. It examines the difference between embarrassment and shame, and then addresses problems with the accounts of embarrassment proposed by previous authors, in particular Solomon, Taylor and Goffman. It proposes a new model, on which the emotion involves viewing an interpersonal situation, in which you are involved, as containing an exposure to which you (...) are averse. This may either be your own exposure to others, or others' exposure to yourself. The emotion thus reflects the value we attach to placing limits on the sorts of interactions and contact we have with other people. (shrink)

Cowan, Ruth Schwartz (1983) More Work for Mother: The Ironies of Household Technology from the Open Hearth to the Microwave. New York: Basic. ...

A framework for pragmatic analysis is proposed which treats discourse as a game, with context as a scoreboard organized around the questions under discussion by the interlocutors. The framework is intended to be coordinated with a dynamic compositional semantics. Accordingly, the context of utterance is modeled as a tuple of different types of information, and the questions therein — modeled, as is usual in formal semantics, as alternative sets of propositions — constrain the felicitous flow of discourse. A requirement of (...) Relevance is satisfied by an utterance (whether an assertion, a question or a suggestion) iff it addresses the question under discussion. Finally, it is argued that the prosodic focus of an utterance canonically serves to reflect the question under discussion (at least in English), placing additional constraints on felicity in context. (shrink)

Harry C. Boyte. Craig Calhoun. Geoff Eley. Nancy Fraser. Nicholas Garnham. JürgenHabermas. Peter Hohendahl. Lloyd Kramer. Benjamin Lee. Thomas McCarthy. Moishe Postone. Mary P.Ryan. Michael Schudson. Michael Warner. David Zaret.

Background: Legislation on physician-assisted suicide is being considered in a number of states since the passage of the Oregon Death With Dignity Act in 1994. Opinion assessment surveys have historically assessed particular subsets of physicians.Objective: To determine variables predictive of physicians’ opinions on PAS in a rural state, Vermont, USA.Design: Cross-sectional mailing survey.Participants: 1052 physicians licensed by the state of Vermont.Results: Of the respondents, 38.2% believed PAS should be legalised, 16.0% believed it should be prohibited and 26.0% believed it should (...) not be legislated. 15.7% were undecided. Males were more likely than females to favour legalisation . Physicians who did not care for patients through the end of life were significantly more likely to favour legalisation of PAS than physicians who do care for patients with terminal illness . 30% of the respondents had experienced a request for assistance with suicide.Conclusions: Vermont physicians’ opinions on the legalisation of PAS is sharply polarised. Patient autonomy was a factor strongly associated with opinions in favour of legalisation, whereas the sanctity of the doctor–patient relationship was strongly associated with opinions in favour of not legislating PAS. Those in favour of making PAS illegal overwhelmingly cited moral and ethical beliefs as factors in their opinion. Although opinions on legalisation appear to be based on firmly held beliefs, approximately half of Vermont physicians who responded to the survey agree that there is a need for more education in palliative care and pain management. (shrink)

The_ Routledge Encyclopedia of Philosophy_ is the most ambitious international philosophy project in many years. Edited by Edward Craig and assisted by thirty specialist subject editors, the REP consists of ten volumes of the world's most eminent philosophers writing for the needs of students and teachers of philosophy internationally. The REP is a project on an unparalleled scale: Over 2000 entries ranging from 500 to 15,000 words in length - thematic, biographical and national 10 volumes consisting of over 5 (...) million words of text plus considerable bibliographic material A Chief Editor and thirty specialist Subject Editors from across the world Over 1200 authors from all over the world. The importance of the REP is not to be found just in the sheer size of the project but also in its breadth of subject matter. It covers: The core of most Anglo-American philosophy - the metaphysical, epistemological and logical questions The usual menu of ethics, political philosophy and the history of philosophy The philosophy of other cultures - from Chinese, Arabic and Jewish philosophy to the philosophy of Africa and Latin America The most impressive range of authors have been gathered together on this unique project: William Alston, Roderick Chisolm, Fred Dretske, Joel Feinberg, Sandra Harding, Larry Laudan, Martha Nussbaum, Richard Popkin, Richard Rorty, Alan Ryan, Gyatri Chakravorty Spivak, Stephen Stich, Patrick Suppes and Bernard Williams, to name just a few. Also available online: www.rep.routledge.com. (shrink)

In deciding whether to forgive, we often focus on the wrongdoer, looking for an apology or a change of ways. However, to fully consider whether to forgive, we need to expand our focus from the wrongdoer and their wrongdoing, and we need to consider who we are, what we care about, and what we want to care about. The difference between blame and forgiveness is, at bottom, a difference in priorities. When we blame, we prioritize the wrong, and when we (...) forgive, we shift our priorities away from the wrong. Recognizing this essential role for priorities in forgiveness allows us to address a thorny puzzle in thinking about forgiveness: how is it that forgiveness can be both principled and elective? If there is sufficient reason to forgive, as will sometimes be the case because forgiveness is principled, how can it be reasonable to withhold forgiveness? Recognizing that forgiveness is a shift in our priorities dissolves this apparent tension between forgiveness being principled and forgiveness being elective. (shrink)

This paper challenges the conventional wisdom dominating the social sciences and philosophy regarding temporal discounting, the practice of discounting the value of future utility when making decisions. Although there are sharp disagreements about temporal discounting, a kind of standard model has arisen, one that begins with a normative standard about how we should make intertemporal comparisons of utility. This standard demands that in so far as one is rational one discounts utilities at future times with an exponential discount function. Tracing (...) the justification for this standard through economics, philosophy and psychology, I’ll make what I believe is the best case one can for it, showing how a non-arbitrariness assumption and a dominance argument together imply that discounting ought to be exponential. Ultimately, however, I don’t find the case compelling. Non-exponential temporal discounting is often rational. If this is correct, Instead of trying to ‘fix’ non-exponential discounting because it is irrational and associated with negative life outcomes, we might instead focus attention on why the conditions obtain that make such discounting rational. (shrink)

Is the quantum state part of the furniture of the world? Einstein found such a position indigestible, but here I present a different understanding of the wavefunction that is easy to stomach. First, I develop the idea that the wavefunction is nomological in nature, showing how the quantum It or Bit debate gets subsumed by the corresponding It or Bit debate about laws of nature. Second, I motivate the nomological view by casting quantum mechanics in a “classical” formalism (Hamilton–Jacobi theory) (...) and classical mechanics in a “quantum” formalism (Koopman–von Neumann theory) and then comparing and contrasting classical and quantum wave functions. I argue that Humeans about laws can treat classical and quantum wave functions on a par and that doing so yields many benefits. (shrink)

No one conception of time emerges from a study of physics. As science changes—over time or through varying interpretations at a time—our conception of physical time changes. Each of these changes and resulting theories of time has been the subject of philosophical scrutiny, so there are many philosophical controversies internal to particular physical theories. For instance, the move to special relativity radically transformed our understanding of time, but it also gave rise to debates about the nature of simultaneity within the (...) theory itself. Nevertheless, there are some philosophical puzzles that appear at every stage of the development of physics. Perhaps most generally, there is the perennial question, Is there a ‘gap’ between the conception of time as found in physics and the conception of time as found in philosophy? (shrink)

Quantum mechanics, like any physical theory, comes equipped with many metaphysical assumptions and implications. The line between metaphysics and physics is often blurry, but as a rough guide, one can think of a theory’s metaphysics as those foundational assumptions made in its interpretation that are not usually directly tested in experiment. In classical mechanics some examples of possible metaphysical assumptions are the claims that forces are real, that inertial mass is primitive, and that space is substantival. The distinctive feature of (...) these claims is that they are all rather far removed from ordinary tests of the theory. Newton defended all three of the above claims at one time or other, whereas Mach attacked each one; however, both scientists agreed on enough of the formalism and its connection to experiment to predict (e.g.) the same periods for given pendulums. What they disagreed about were the ingredients necessary to use classical mechanics to explain and understand the world. (shrink)

This paper attempts to show how Adorno’s thought can illuminate our reflections on the future of work. It does so by situating Adorno’s conception of genuine activity in relation to his negativist critical epistemology and his subtle account of the distinction between true and false needs. What emerges is an understanding of work that can guide our aspirations for the future of work, and one we illustrate via discussions of creative work and care work. These are types of work which (...) cater to persistent human needs, albeit ones that are distorted under present social conditions. Adorno’s thought helps us to understand why this is the case. (shrink)

(2006). Neoptolemus's soul and the taxonomy of ethical characters in Aristotle's Nicomachean Ethics ∗. British Journal for the History of Philosophy: Vol. 14, No. 2, pp. 205-223.