Medical technology, specialization, and the corporatization of health delivery systems in the late twentieth century have all helped give birth to an unwelcome but unavoidable responsibility for individuals with family or friends—serving as a health care proxy. The responsibility comes without monetary compensation, is often involuntary, and lacks any real guidelines beyond the duty to make life-and-death decisions in circumstances over which the proxy has little control.The parameters of the proxy's job have evolved somewhat awkwardly in statutes and case law, (...) as lawmakers and judges have tried to apply conventional concepts to novel circumstances. This article examines the legal and functional status of the proxy, as well as the strengths and weaknesses of current public policy as reflected by state advance directive and surrogate decision-making laws. The first section of the article provides a historical perspective of our current notions of agency law as relevant to health care proxies. (shrink)

Medical technology, specialization, and the corporatization of health delivery systems in the late twentieth century have all helped give birth to an unwelcome but unavoidable responsibility for individuals with family or friends—serving as a health care proxy. The responsibility comes without monetary compensation, is often involuntary, and lacks any real guidelines beyond the duty to make life-and-death decisions in circumstances over which the proxy has little control.The parameters of the proxy's job have evolved somewhat awkwardly in statutes and case law, (...) as lawmakers and judges have tried to apply conventional concepts to novel circumstances. This article examines the legal and functional status of the proxy, as well as the strengths and weaknesses of current public policy as reflected by state advance directive and surrogate decision-making laws. The first section of the article provides a historical perspective of our current notions of agency law as relevant to health care proxies. (shrink)

State law requirements for health care advance directive documents were reviewed in every state and the District of Columbia to determine whether they are consistent and/or flexible enough to permit the utilization by the public of “universal” advance directive forms, specifically a health care power of attorney, that would be valid under every state's advance directive statutes. Such documents would have to overcome the wide variability of state legal formalities for validity. If this could be accomplished, the public would benefit (...) from having a variety of multi-state or truly universal forms available that could be used with confidence in their validity.The review found that a basic, multi-state health care power of attorney appears to be feasible in 41 States and the District of Columbia, compared to 36 states and the District in 2005. Only nine states prevent recognition of a truly universal form. Some barriers were surmountable, including differing agent and witness requirements, execution requirements, and effectiveness triggers. Other barriers were insurmountable, including mandatory forms, mandatory disclosures, and decision-specific language requirements. The strategies identified for overcoming some barriers can be used by lawyers in drafting true multi-state directives. More importantly, states should simplify state advance directive laws to facilitate a more meaningful communication model of advance care planning. (shrink)

This article details the results of a national survey conducted in 1999 of statewide laws and protocols providing for the creation and recognition of donot- resuscitate orders effective in nonhospital settings. Applicable primarily to emergency medical services personnel, most of these laws and protocols have been in existence for less than ten years, and there is little current comparative information on them. Such policies are commonly called out-of-hospital or prehospital DNR orders, although one state-Virginia-recently amended its DNR law to establish (...) a durable DNR order applicable to all health care providers and all settings. I will refer to the laws and policies examined here interchangeably as out-of hospital DNR protocols or EMS-DNR protocols. The survey produced a descriptive snapshot of such laws and protocols in effect on a statewide basis as of March 1999. (shrink)

This article details the results of a national survey conducted in 1999 of statewide laws and protocols providing for the creation and recognition of donot- resuscitate orders effective in nonhospital settings. Applicable primarily to emergency medical services personnel, most of these laws and protocols have been in existence for less than ten years, and there is little current comparative information on them. Such policies are commonly called out-of-hospital or prehospital DNR orders, although one state-Virginia-recently amended its DNR law to establish (...) a durable DNR order applicable to all health care providers and all settings. I will refer to the laws and policies examined here interchangeably as out-of hospital DNR protocols or EMS-DNR protocols. The survey produced a descriptive snapshot of such laws and protocols in effect on a statewide basis as of March 1999. (shrink)

Heidegger understands technology as an act of revealing rather than merely a human achievement. Within the modern era, technology represents the manner in which humans stand within and make manifest the open interplay and inter-relatedness that is world. The danger of this era is the extent to which everything has become available, accessible, and disposable to human manipulation, practically without limit. However, the very totalizing extent to which this is happening, and the forgetfullness that takes it all for granted, can (...) also make us suddenly aware that everything, including world itself, is at risk; that we ourselves are at risk; that we are the danger. He calls for an attitude of releasement that handles world with a sense of receiving, and not just taking, a sense of thankfulness. Such a change could directly impact how we see ourselves and our responsibilities as we go about developing and using technologies. (shrink)

Health care is increasingly delivered by using medical technologies and specialized procedures. However, the systems through which it is delivered are coming under attack as lacking in care. Medicine is very capable of treating the human body, but it may be losing its sensitivity towards persons, especially concerning the vulnerability they are experiencing. Nurses are finding that the demands for more efficiency and cost-effective measures do not allow them sufficient time to offer the personal care for which they have always (...) felt responsible. The question of the meaning of care surfaces especially in treating those who are approaching death. The need is to balance the various dimensions of care, keeping its focus on the well-being of persons. (shrink)

The Physician Orders for Life-Sustaining Treatment Paradigm is designed to improve end-of-life care by converting patients' treatment preferences into medical orders that are transferable throughout the health care system. It was initially developed in Oregon, but is now implemented in multiple states with many others considering its use. An observational study was conducted in order to identify potential legal barriers to the implementation of a POLST Paradigm. Information was obtained from experts at state emergency medical services and long-term care organizations/agencies (...) in combination with a review of relevant state law. (shrink)

The Physician Orders for Life-Sustaining Treatment Paradigm is designed to improve end-of-life care by converting patients’ treatment preferences into medical orders that are transferable throughout the health care system. It was initially developed in Oregon, but is now implemented in multiple states with many others considering its use. Accordingly, an observational study was conducted in order to identify potential legal barriers to the implementation of a POLST Paradigm. Information was obtained from experts at state emergency medical services and long-term care (...) organizations/agencies in combination with a review of relevant state law. Legal analysis of survey responses and existing laws identified several potential state legal barriers to a POLST Paradigm implementation. The most potentially problematic barriers are detailed statutory specifications for out-of-hospital DNR protocols. Other potential barriers include limitations on the authority to consent to forgo life-sustaining treatments, medical preconditions, and witnessing requirements for out-of-hospital DNR protocols. (shrink)

As of December 1991, the Patient Self-Determination Act mandated that health care institutions which receive funding from Medicare or Medicaid provide written information about persons rights to participate in medical decision-making and formulate advance directives. The PSDA required each state…acting through a State agency, association, or other private nonprofit entity develop a written description of the law of the State concerning advance directives that would be distributed by providers or organizations under the requirements of [the Act].

As of December 1991, the Patient Self-Determination Act mandated that health care institutions which receive funding from Medicare or Medicaid provide written information about persons rights to participate in medical decision-making and formulate advance directives. The PSDA required each state…acting through a State agency, association, or other private nonprofit entity develop a written description of the law of the State concerning advance directives that would be distributed by providers or organizations under the requirements of [the Act].

"Charles Taylor presents a fundamental challenge to neoliberal apologists for the new world order--but not only to them.

The place of religion in society has changed profoundly in the last few centuries, particularly in the West. In what will be a defining book for our time, Taylor takes up the question of what these changes mean, and what, precisely, happens when a society becomes one in which faith is only one human possibility among others.

Multi-volume work with 4 of the 5 volumes published. -/- -- 1. Medieval Authors (in two books) -- 2. Renaissance authors -- 3. Index initorum-index finium -- 5. Bibliography of secondary literature.

This is a major and comprehensive study of the philosophy of Hegel, his place in the history of ideas, and his continuing relevance and importance. Professor Taylor relates Hegel to the earlier history of philosophy and, more particularly, to the central intellectual and spiritual issues of his own time. He engages with Hegel sympathetically, on Hegel's own terms and, as the subject demands, in detail. This important book is now reissued with a fresh new cover.

"This is a marvelous book, full of subtle, thoughtful, and original argument.

The essays collected in this volume all explore the problem of the relation between moral philosophy and modernity. Charles Larmore addresses this problem by attempting to define the way distinctive forms of modern experience should orientate our moral thinking. Charles Larmore wonders whether the dominant forms of modern philosophy have not become blind to important dimensions of the moral life. The book argues against recent attempts to return to the virtue-centered perspective of ancient Greek ethics. As well as (...) exploring the differences between ancient and modern ethics, the author examines such topics as the roles of reason and history in our moral understanding, the inadequacy of philsophical naturalism, and the foundations of modern liberalism. There are also extended discussions of a number of leading contemporary philosophers: Rawls, Habermas, Williams and Rorty. (shrink)

Avant de s’appliquer à un exemple, celui de la croyance, l’article expose ce qu’on peut entendre par « distinction conceptuelle » : un geste philosophique qui consiste à établir la distribution, à la fois exhaustive et génétique, de formes organiques, dotées d’attributs propres. Ces formes se rangent ainsi de façon réglée sous un genre, qui est doté d’une extension et d’un degré de généralité plus grands, puisqu’il les contient toutes. Par exemple, le concept de vérité ne se réduit pas à (...) la correspondance entre ce qui est dit et ce qui est (sous les formes organiques suivantes : objectivité et véracité – dont la sincérité, la franchise et l’authenticité), si ce qui est dit doit d’abord, et indépendamment de la correspondance, être doté de sens, lequel est une forme, particulière, de vérité. S’ouvre alors une autre branche qui porte le nom de cohérence, où se trouvent les formes organiques qui y ont leur place : évidence et vraisemblance, etc. (shrink)

Charles Mills makes visible in the world of mainstream philosophy some of the crucial issues of the black experience.

The propensity interpretation of fitness (PIF) is commonly taken to be subject to a set of simple counterexamples. We argue that three of the most important of these are not counterexamples to the PIF itself, but only to the traditional mathematical model of this propensity: fitness as expected number of offspring. They fail to demonstrate that a new mathematical model of the PIF could not succeed where this older model fails. We then propose a new formalization of the PIF that (...) avoids these (and other) counterexamples. By producing a counterexample-free model of the PIF, we call into question one of the primary motivations for adopting the statisticalist interpretation of fitness. In addition, this new model has the benefit of being more closely allied with contemporary mathematical biology than the traditional model of the PIF. (shrink)

Iris Murdoch and moral philosophy -- Understanding the other: a Gadamerian view on conceptual schemes -- Language not mysterious? -- Celan and the recovery of language -- Nationalism and modernity -- Conditions of an unforced consensus on human rights -- Democratic exclusion (and its remedies?) -- Religious mobilizations -- Themes from a secular age -- The immanent counter-enlightenment -- Notes on the sources of violence: perennial and modern -- The future of the religious past -- Disenchantment-re-enchantment -- What does secularism (...) mean? -- Die blosse Vernunft ("reason alone") -- Perils of moralism -- What was the Axial revolution? (shrink)

This book provides a novel interpretation of the ideas about language in Ludwig Wittgenstein's Philosophical Investigations. Travis places the "private language argument" in the context of wider themes in the Investigations, and thereby develops a picture of what it is for words to bear the meaning they do. He elaborates two versions of a private language argument, and shows the consequences of these for current trends in the philosophical theory of meaning.

Of laws in general -- Of laws directly derived from the nature of government -- Of the principles of the three kinds of government -- That the laws of education ought to be relative to the principles of government -- That the laws given by the legislator ought to be relative to the nature of government -- Consquences of the principles of different governments, with respect to the simplicity of civil and criminal laws, the form of judgements, and inflicting of (...) punishments -- Consquences of the different principles of the three governments, with respect to sumptuary laws, luxury, and the condition of women -- Of the corruption of the principles of the three governments -- Of the laws in the relation they bear to defensive force -- Of laws, in the relation they bear to offensive force. (shrink)

The Spirit of the Laws is, without question, one of the central texts in the history of eighteenth-century thought, yet there has been no complete, scholarly English-language edition since that of Thomas Nugent, published in 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand quite why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was, for example, such an influence upon (...) those who framed the American constitution. Fully annotated, this edition focuses attention upon Montesquieu's use of sources and his text as a whole, rather than upon those opening passages towards which critical energies have traditionally been devoted, and a select bibliography and chronology are provided for those coming to Montesquieu's work for the first time. (shrink)

Despite his position as one of the first philosophers to write in the “post- Darwinian” world, the critique of Darwin by Friedrich Nietzsche is often ignored for a host of unsatisfactory reasons. I argue that Nietzsche’s critique of Darwin is important to the study of both Nietzsche’s and Darwin’s impact on philosophy. Further, I show that the central claims of Nietzsche’s critique have been broadly misunderstood. I then present a new reading of Nietzsche’s core criticism of Darwin. An important part (...) of Nietzsche’s response can best be understood as an aesthetic critique of Darwin, reacting to what he saw as Darwin having drained life of an essential component of objective aesthetic value. For Nietzsche, Darwin’s theory is false because it is too intellectual, because it searches for rules, regulations, and uniformity in a realm where none of these are to be found – and, moreover, where they should not be found. Such a reading goes furthest toward making Nietzsche’s criticism substantive and relevant. Finally, I attempt to relate this novel explanation of Nietzsche’s critique to topics in contemporary philosophy of biology, particularly work on the evolutionary explanation of culture. (shrink)

In Part 1, I contend (using Coriolanus as my mouthpiece) that Keeley and Clarke have failed to show that there is anything intellectually suspect about conspiracy theories per se. Conspiracy theorists need not commit the ‘fundamental attribution error’ there is no reason to suppose that all or most conspiracy theories constitute the cores of degenerating research programs, nor does situationism - a dubious doctrine in itself - lend any support to a systematic skepticism about conspiracy theories. In Part 2. I (...) argue (in propria persona) that the idea that there is something suspect about conspiracy theories is one of the most dangerous and idiotic superstitions to disgrace our political culture. (shrink)

In The Autonomy of Morality Charles Larmore challenges two ideas that have shaped the modern mind. The world, he argues, is not a realm of value-neutral fact, nor does human freedom consist in imposing principles of our own devising on an alien reality. Rather, reason consists in being responsive to reasons for thought and action that arise from the world itself. Larmore shows that the moral good has an authority that speaks for itself. Only in this light does the (...) true basis of a liberal political order come into view, as well as the role of unexpected goods in the makeup of a life lived well. (shrink)

The ninth and tenth chapters of the Origin mark a profound, if perhaps difficult to detect, shift in the book’s argumentative structure. In the previous few chapters and in the ninth, Darwin has been exploring a variety of objections to natural selection, some more obvious (where are all the fossils of transitional forms?) and some showing careful attention to challenging consequences of evolution (could selection really produce instincts?). Starting in the tenth, however, Darwin turns to showing us what kinds of (...) new and unexpected results evolutionary theory might be able to offer us, again in domains both predictable (extinction) and unexpected (biogeography, embryology). It is notable that it is the fossil record that serves as this pivot point, being both a source of potentially powerful objections to evolutionary theory and home to some of its most compelling new explanations. In this chapter, I present both sets of arguments and consider what role Darwin gave to fossil evidence, in the process attempting to discover why it might have played this unique role in two different parts of Darwin’s “long argument” for evolution by natural selection. Geology’s special place, I argue, derives at least in part from its particular importance in Darwin’s social and intellectual context. (shrink)

At the very beginning of L’Homme-Machine, La Mettrie claims that Leibnizians with their monads have “rather spiritualized matter than materialized the soul”; a few years later Pierre-Louis Moreau de Maupertuis, President of the Berlin Academy of Sciences and natural philosopher with a strong interest in the modes of transmission of ‘genetic’ information, conceived of living minima which he termed molecules, “endowed with desire, memory and intelligence,” in his Système de la nature ou Essai sur les corps organisés. This text first (...) appeared in Latin in 1751 under the title Dissertatio inauguralis metaphysica de universali naturae systemate, with the pseudonym Dr Baumann; it was translated by Maupertuis in 1754 as Essai sur la formation des corps organisés and was later included in his 1756 Œuvres under the title Système de la nature. Now, it is clear that Maupertuis was a kind of Leibnizian; and that his molecule possessed higher-level, ‘mental’ properties. In that sense he falls under the first category described by La Mettrie. But he was also involved in a debate on this issue with Diderot, who put forth a sustained critique of Maupertuis’ theory of the molecule in the additions to his 1753 Pensées sur l’interprétation de la nature. Where Maupertuis attributes higher-level properties to his living minima, Diderot argues that these properties are ‘organizational’, i.e., they can only be properties of the whole. At issue here is the degree of commitment to a form of materialism. (shrink)

Survey article on Naturalism dealing with Hume's NOFI (including Prior's objections), Moore's Naturalistic Fallacy and the Barren Tautology Argument. Naturalism, as I understand it, is a form of moral realism which rejects fundamental moral facts or properties. Thus it is opposed to both non-cognitivism, and and the error theory but also to non-naturalism. General conclusion: as of 1991: naturalism as a program has not been refuted though none of the extant versions look particularly promising.

In this book Taylor brings together some of his best essays, including "Overcoming Epistemology," "The Validity of Transcendental Argument," "Irreducibly Social ...

According to the conceptualist view in the philosophy of perception, we must possess concepts for all the objects, properties and relations which feature in our perceptual experiences. In this paper, I investigate the possibility of developing an argument against the conceptualist view by appealing to the notion of attention. In Part One, I begin by setting out an apparently promising version of such an argument, a version which appeals to a link between attention and perceptual demonstrative concept possession. In Part (...) Two, however, I show how the conceptualist can challenge what appears to be the key premise of the argument, and I go on to describe, in Part Three, an important further difficulty which we face if we attempt to overcome this challenge in a particular way. My conclusion will be that the conceptualist's challenge to the argument is convincing and hence that the argument remains inconclusive. (shrink)