In his recent bookThe Idea of Justice, Amartya Sen suggests that political philosophy should move beyond the dominant, Rawls-inspired, methodological paradigm – what Sen calls ‘transcendental institutionalism’ – towards a more practically oriented approach to justice: ‘realization-focused comparison’. In this article, I argue that Sen's call for a paradigm shift in thinking about justice is unwarranted. I show that his criticisms of the Rawlsian approach are either based on misunderstandings, or correct but of little consequence, and conclude that the Rawlsian (...) approach already delivers much of what Sen himself wants from a theory of justice. (shrink)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...) areas for future research in the field. (shrink)

One of the distinctive features of the obligation to obey the law is its content-independence. We ought to do what the law commands because the law commands it, and not because of the law's content—i.e., the independent merits of the actions it prescribes. Despite its popularity, the notion of content-independence is marked by ambiguity. In this paper, I first clarify what content-independence is. I then develop a simple test—the “content-independence test”—which allows us to establish whether any candidate justification of the (...) obligation to obey the law delivers genuine content-independence. I apply this test to prominent such justifications and conclude that several of them, surprisingly, fail it. (shrink)

Do we mentally simulate olfactory information? We investigated mental simulation of odors and sounds in two experiments. Participants retained a word while they smelled an odor or heard a sound, then rated odor/sound intensity and recalled the word. Later odor/sound recognition was also tested, and pleasantness and familiarity judgments were collected. Word recall was slower when the sound and sound-word mismatched. Sound recognition was higher when sounds were paired with a match or near-match word. This indicates sound-words are mentally simulated. (...) However, using the same paradigm no memory effects were observed for odor. Instead it appears odor-words only affect lexical-semantic representations, demonstrated by higher ratings of odor intensity and pleasantness when an odor was paired with a match or near-match word. These results suggest fundamental differences in how odor and sound-words are represented. (shrink)

A life without liberty and material resources is not a good life. Equally, a life devoid of meaningful social relationships—such as friendships, family attachments, and romances—is not a good life. From this it is tempting to conclude that just as individuals have rights to liberty and material resources, they also have rights to access meaningful social relationships. I argue that this conclusion can be defended only in a narrow set of cases. ‘Pure’ social relationship deprivation—that is, deprivation that is not (...) caused, or accompanied, by deficits in liberties and material resources— mostly generates demands of private beneficence. I suggest that social relationship deprivation is unjust, hence a rights violation, only when it is due to factors—such as one’s race—that are irrelevant to one’s being a good participant in social relationships. I thus conclude that access to meaningful social relationships is not a fundamental concern for theories of justice. (shrink)

Vaccine hesitancy is a growing threat to public health. The reasons are complex but linked inextricably to a lack of trust in vaccines, expertise and traditional sources of authority. Efforts to increase immunization uptake in children in many countries that have seen a fall in vaccination rates are two-fold: addressing hesitancy by improving healthcare professional-parent exchange and information provision in the clinic; and, secondly, public health strategies that can override parental concerns and values with coercive measures such as mandatory and (...) presumptive vaccination. It is argued that such conflicting, parallel approaches seriously risk undermining trust that is crucial for sustaining herd immunity. Although public health strategies can be ethically justified in limiting freedoms, a parent-centered approach seldom acknowledges how it is impacted by contemporaneous coercive measures. In addition, the clinical encounter is not well suited to helping parents consider the public dimensions of vaccination, despite these being important for trust formation and informed decision-making. Efforts to address vaccine hesitancy require more consistent engagement of parental and citizen views. Along with evidence-based information, debates need to be informed by ethical support that equips parents and professionals to respond to the private and public dimensions of vaccination in a more even-handed, transparent manner. Efforts to address vaccine hesitancy need to avoid simple reliance on either parental values or coercive public policies. To do this effectively requires increasing citizen engagement on vaccination to help inform a parent-centered approach and legitimize public policy measures. In addition, cultivating a more ethically consistent strategy means moving beyond the current silos of health ethics - clinical and public health ethics. (shrink)

This article discusses the concept of ἰδιώτης, often translated as ‘layman’, in Dionysius of Halicarnassus’ critical essays, where he places particular emphasis on validating the judgement of the ἰδιώτης in aesthetic evaluation. Dionysius’ focus on the impact and reception of art enables him to lay the groundwork for shifting the semantic meaning of ἰδιώτης from being in strict opposition to the artist/critic to a more fluid category, ranging from ‘unskilled’ listener and layman to a relatively experienced ‘amateur’. By conceiving the (...) change from ἰδιώτης to τεχνίτης in criticism as a more gradual process (rather than one of irreconcilable division), Dionysius shows the discipline of rhetoric and literary criticism to be a particularly relevant form of learning that speaks to the sensibilities of Imperial Rome. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Speculative Philosophy 17.1 (2003) 73-75 [Access article in PDF] Retrieving Experience: Subjectivity and Recognition in Feminist Politics. Sonia Kruks. Ithaca and London: Cornell University Press, 2001. Pp. xii + 200. $35.00 h.c. 0-8014-3387-8; $16.95 pbk. 0-8014-8417-0. Sonia Kruks' latest book, Retrieving Experience, is a valuable contribution to ongoing debates about the relevance of feminist philosophy in a period of relative political quietism. It also offers timely (...) reminders of historical continuities between phenomenological and postmodern conceptions of subjectivity and political engagement. Drawing on Merleau-Ponty, Beauvoir, Fanon, and the later Sartre, Kruks proposes to "explore women's embodied experiences" and to "ask whether they might not offer some means to help build affective bonds among women who are in many ways radically different from one another" (6). The book approaches this task by means of two secondary issues. First, should feminist thought be oriented by phenomenological or postmodernist theoretical strategies? Second, can women's embodied experience be the conceptual basis for political and epistemological practices that avoid the pitfalls of "identity politics" or an "epistemology of provenance"? The answer to both questions comes through the notion of praxis developed in Sartre's Critique of Dialectical Reason. By thinking of embodiment as praxis or work, a strategy implicit in Beauvoir's idea that "one is not born, but rather becomes, a woman." Kruks seeks to resolve the ethical affront of finding one's individuality reduced to the "generality" of a collective—the ethical affront to which feminists of various generations and theoretical persuasions must respond.Retrieving Experience explores the significance of recognition as a political norm. Identifying Sartre's Anti-Semite and Jew as a pivotal work in the history of identitarian theorizing, she situates recent appeals for race- and gender-based political mobilization in the United States with respect to the dialectical relationship between the Look, shame, and recognition existentialists observed in situations of anti-Semitic and colonial domination during and immediately after the Second World War. Legitimating knowledge gained under oppressive conditions formed an important element of African, Southeast Asian, and ultimately African-American and feminist resistance to cultural imperialism. However, Kruks warns, discourses of "recognition" risk placing the blame for group domination on individuals' face-to-face interactions while concealing the role of state and economic institutions in enabling social disdain to systematically damage a group's quality of life. Moreover, they suggest that the experience of subjugation alone justifies knowledge claims or counts, without further elaboration, as an act of political engagement. Kruks argues that knowers and actors need to identify conceptual and practical mediations enabling individual interactions, experiences, and strategies to prompt the recognition and transformation of [End Page 73] group situations. Sartre's notion of praxis, she suggests, explains how an individual can participate in a collectivity while acting autonomously or acquiescing to subjection.The most important passages in Retrieving Experience examine the affective aspects of the decision to take up a political identity or engage in political action. Going beyond Sartre's account of mediations, Kruks suggests that the sensory and emotional qualities of embodiment are themselves mediators, the products of praxis as well as its vehicles. Since any act of social knowledge involves the emotions, affect plays an important role in the process whereby individuals from different cultural, economic, and bodily situations learn about and shape one another's' environment through the act of knowledge. Individuals, then, may have a moral responsibility to learn about others in a way that gives them "sympathetic bodies." Drawing on Maria Lugones' social epistemology, Kruks argues that "world-traveling" or existing simultaneously in several communities or sets of power relations is a bodily act, but also a fully cultural, ethical act rather than a natural way of being. One is not born, but becomes, an embodied knower. Understanding female embodiment as a kind of work or "world-traveling" praxis enables feminist solidarity—"respectful recognition" to replace a historically implausible "sisterhood" or a distinct epistemological perspective as a regulative ideal for feminist politics.But how far can the... (shrink)

There has been an ongoing debate about the best approach in environmental ethics. Bryan Norton believes that “weak anthropocentrism” will yield the best results for public policy, and that it is the most defensible position. In contrast, I have argued that an ecocentric, holistic position is required to deal with the urgent environmental problems that face us, and that position is complemented by the ecosystem approach and complex systems theory. I have called this approach “the ethics of integrity,” and in (...) this paper I show why this perspective suggests better solutions to difficult cases, for which “weak anthropocentrism” fails to provide an answer. (shrink)

The aim of this article is to contribute to understanding the changing role of government in promoting corporate social responsibility (CSR). Over the last decade, governments have joined other stakeholders in assuming a relevant role as drivers of CSR, working together with intergovernmental organizations and recognizing that public policies are key in encouraging a greater sense of CSR. This paper focuses on the analysis of the new strategies adopted by governments in order to promote, and encourage businesses to adopt, CSR (...) values and strategies. The research is based on the analysis of an explanatory framework, related to the development of a relational analytical framework, which tries to analyze the vision, values, strategies and roles adopted by governments, and the integration of new partnerships that governments establish in the CSR area with the private sector and social organizations. The research compares CSR initiatives and public policies in three European countries: Italy, Norway and the United Kingdom, and focuses on governmental drivers and responses. The preliminary results demonstrate that governments are incorporating a common statement and discourse on CSR, working in partnership with the private and social sectors. For governments, CSR implies the need to manage a complex set of relationships in order to develop a win–win situation between business and social organizations. However, the research also focuses on the differences between the three governments when applying CSR public policies. These divergences are based on the previous cultural and political framework, such as the welfare state typology, the organizational structures and the business and social and cultural background in each country. (shrink)

A philosophically and historically sensitive account of the engagement of the major protagonists of Victorian British philosophy, Reforming Philosophy considers the controversies between William Whewell and John Stuart Mill on the topics of science, morality, politics, and economics. By situating their debate within the larger context of Victorian society and its concerns, Laura Snyder shows how two very different men—Whewell, an educator, Anglican priest, and critic of science; and Mill, a philosopher, political economist, and parliamentarian—reacted to the challenges of (...) their times, each seeking to reform science as a means of reforming society as a whole. The first book-length examination of the dispute between Mill and Whewell in its entirety, Reforming Philosophy provides a rich and nuanced understanding of the intellectual spirit of Victorian Britain and will be welcomed by philosophers and historians of science, scholars of Victorian studies, and students of the history of philosophy and political economy. (shrink)

Research with human–animal chimera raises a number of ethical concerns, especially when neural stem cells are transplanted into the brains of non-human primates . Besides animal welfare concerns and ethical issues associated with the use of embryonic stem cells, the research is also regarded as controversial from the standpoint of NHPs developing cognitive or behavioural capabilities that are regarded as “unique” to humans. However, scientists are urging to test new therapeutic approaches for neurological diseases in primate models as they better (...) mimic human physiology than all current animal models. As a response, various countries have issued reports on the topic. Our paper summarizes the ethical issues raised by research with human–animal brain chimeras and compares the relevant regulatory instruments and different recommendations issued in national reports from three important European research nations: Germany, Switzerland and the United Kingdom. We assess and discuss the focus and priorities set by the different reports, review various reasons for and perspectives on the importance of the brain in chimera research, and identify critical points in the reports that warrant further specification and debate. (shrink)

Millions of people in our world are in need of assistance: from the global poor, to refugees, from the victims of natural disasters, to those of violent crimes. What are our responsibilities towards them? Christian Barry and Gerhard Øverland’s answer is plausible and straightforward: we have enforceable duties to assist others in need whenever we can do so ‘at relatively moderate cost to ourselves, and others’. Barry and Øverland defend this answer on the ground that it best fits our intuitions (...) in a variety of hypothetical rescue scenarios. I argue that, although Barry and Øverland’s view is intuitively appealing, appeal to intuitive cases is insufficient to vindicate it satisfactorily. Intuitive cases alone do not allow us to establish: (i) what costs count as moderate and (ii) whether assistance-based responsibilities are, in fact, enforceable. These considerations suggest that Barry and Øverland’s defence of their preferred answer to the assistance question may be incomplete. (shrink)

Sexual self-determination is considered a fundamental human right by most of us living in Western societies. While we must abide by laws regarding consent and coercion, in general we expect to be able to engage in sexual behaviour whenever, and with whomever, we choose. For older people with dementia living in residential aged care facilities (RACFs), however, the issue becomes more complex. Staff often struggle to balance residents' rights with their duty of care, and negative attitudes towards older people's sexuality (...) can lead to residents' sexual expression being overlooked, ignored, or even discouraged. In particular, questions as to whether residents with dementia are able to consent to sexual activity or physically intimate relationships pose a challenge to RACF staff, and current legislation does little to assist them. This paper will address these issues, and will argue that, while every effort should be made to ensure that no resident comes to harm, RACFs must respect the rights of residents with dementia to make decisions about their sexuality, intimacy and physical relationships. (shrink)

Computer mediated communication, in particular email, is of particular importance in the Higher Education sector. In this paper, research at one Higher Education Institution on the ethical use of email is presented. Focus groups were used to gather data on the impact of email, on current patterns of use, and on perceptions of ethical use. Using the analogy of a new motorway, which everyone is expected to use but for which there are no established rules of behaviour or etiquette, the (...) research demonstrates that some ethical guidelines for the acceptable use of email are necessary. It is argued that there needs to be a greater understanding of individual responsibility for computer mediated communication in the higher education sector. (shrink)

Philosophy and Phenomenological Research, EarlyView.

Nanotechnology has in various ways been regarded as a technology that promises both innovations and risks and that has the potential to profoundly change the world. Yet for many people there are still two questions that remain unanswered: just what is nanotechnology, and why does it matter? What is nanotechnology and why does it matter?: from science to ethics, by a nanoscientist and two philosophers, aims to give the reader a balanced and informed understanding of this important technology. The book (...) not only focuses on providing the reader with normative reasons around why nanotechnology matters, such as its social impact and ethics, but also offers an accurate and generally accessible analysis of the science involved, highlighting what nanotechnology actually is and why it matters in terms of the applications and features that make it relevant.The book serves as a useful introduction to nanotechnology for those who know little about the subject but wish to learn about the impact this .. (shrink)

In 2010, Connecticut implemented an offence prohibiting minors from engaging in sexting. This legislation was part of a range of reforms across the United States aiming to better tailor the criminal law’s response to youth sexting by distinguishing sexting from child abuse material. Drawing from submissions to the Connecticut General Assembly’s Sexting Bill, media reports and recent ‘sexting’ cases, this article adopts a feminist perspective and examines the justifications for and implications of this sexting statute. It argues that while aiming (...) to create a distinction between child abuse material and sexting through a ‘lesser’ offence, these paternalistic reforms are informed by some of the same logics shaping child pornography/child abuse material law. Therefore, this statute is situated on a continuum of paternalistic legislation which utilises the constitutive expressive function of the criminal law to register anxieties about young people’s sexual and technological practices. As a result, this statute conflates victims and perpetrators of image based sexual abuses and fails to meet its deterrent and protective aims. (shrink)

For more than 100,000 years, H. sapiens lived as foragers, in small family groups with low reproductive variance. A minority of men were able to father children by two or three women; and a majority of men and women were able to breed. But after the origin of farming around 10,000 years ago, reproductive variance increased. In civilizations which began in Mesopotamia, Egypt, India, and China, and then moved on to Greece and Rome, kings collected thousands of women, whose children (...) were supported and guarded by thousands of eunuchs. Just a few hundred years ago, that trend reversed. Obligate sterility ended, and reproductive variance declined. For H. sapiens, as for other organisms, eusociality seems to be an effect of ecological constraints. Civilizations rose up in lake and river valleys, hemmed in by mountains and deserts. Egalitarianism became an option after empty habitats opened up. (shrink)

The graphical presentation of experimental data in the physical sciences has several advantages which today are too familiar to require very detailed enumeration. Its greatest strength lies in the clarity and succinctness with which it displays the information contained in tabulated results: for the experimenter a graph provides a rough and immediate check on the accuracy and suitability of the methods he is using, and for the reader of a scientific report it may convey in a few seconds information that (...) could only be gleaned from a table of measurements by hours of close study. There are occasions whereonlythe analysis of experimental graphs will provide the information we require, but usually the actual analysis of results is carried out nowadays by computational methods. The use of graphs is therefore not so much a necessary part of scientific procedure as an extremely useful one, and one that is often taken very much for granted. (shrink)

Altruism and the medical profession have been linked throughout the history of medicine. Students are drawn to the calling of medicine because of altruistic values, dedication to service, and the desire to alleviate suffering and promote healing. Despite a dedication to these values, altruism in medicine is threatened by empathy erosion that develops in the clinical years of medical school and an increasing rate of medical student burnout. Currently, there are two widespread movements in medicine aimed at addressing the dual (...) loss of altruism and physician and student burnout—professionalism and wellness. Despite widespread recognition of the problems and programs aimed at improving them, there has been little headway, and even calls to abandon altruism in the modern marketplace of medicine. What is needed is not an abandonment of a fundamental, defining value of the profession, but a re-evaluation of the meaning of altruism in medicine and a framework that allows for students and physicians to provide altruistic care for a sustainable, rewarding career in the healing profession. This paper proposes the Enlightened Self-Interest in Altruism model as an ethical framework to allow medical students to synergize the interests of the self with those they serve in a mutually beneficial relationship to improve patient care and the healthcare system at large. The ESIA model acknowledges that egoism and altruism are intertwined, dynamic motivators of behavior. In the enlightened self-interest approach, the interests of the group are also the interests of the self. The physician–patient relationship is a dyad in which egoism and altruism may converge in an enlightened way that acknowledges that the interests of one are the interests of the whole. This is a paradigm shift from the historical view of egoism and altruism as opposing motivations. This paper will present the threats to altruism, explore the interface of egoism and altruism in a clinical vignette, and then present the ESIA framework as an educational approach to aligning the interests of providers and patients to prevent burnout and promote altruism. (shrink)

The notion of ‘illocutionary silencing’ has been given a key role in defining the harms of pornography by several feminist philosophers. Though the literature on silencing focuses almost exclusively on the speech act of sexual refusal, oddly enough, it lacks a thorough analysis of that very act. My first aim is to fill this theoretical gap. I claim that refusals are “second-turn illocutions”: they cannot be accomplished in absence of a previous interrogative (or open) call by the hearer. Furthermore, I (...) maintain that refusals constitute authoritative illocutions only when preceded by requests for permission. The secondary goal of my paper is to assess Mary Kate McGowan’s (2009) account of silencing as authority denial. Despite its virtues, I argue that ultimately it should be rejected on two grounds: (i) it entails an objectification of female sexuality; (ii) if sexual advances are requests for permission (as McGowan implies), a man who asks a woman for sex cannot fail to ratify her authority over her own body. I conclude by sketching an alternative explanation for the failure of women’s refusals, according to which women may be unable to refuse sex for their interlocutors’ advances are intended as imperative (or closed) calls. (shrink)

This paper presents the contribution of the pragmatic sociology of critical capacities to the understanding of environmental conflicts. In the field of 'environmental valuation', nowadays colonised by economics, the approach of plural modes (or 'regimes') of engagement provides a sociological understanding of the unequal power of conflicting 'languages of valuation'. This frame entails a shift from 'values' to 'modes of valuation', and links modes of valuation to modes of practical engagement and coordination with the surrounding environment. Different social sources of (...) incommensurability are thus detected and reframed as critical tension within and among modes of human coordination with the environment. (shrink)

Although the expression 'intellectual property' is widely used, it could be argued that the very idea of intellectual property is incoherent. After all, ideas are not like land, houses or clothing; surely they are not the sorts of things that can be owned? I shall examine two arguments - one ontological, one jurisprudential - that put pressure on the coherence of the idea of intellectual property, both leading to the conclusion that intellectual property rights are not genuine property rights, but (...) rights to monopolies. In setting up and responding to the first argument, I discuss the applicability of the type/ token distinction to intellectual property law; a distinction I also appeal to as a way of clarifying my response to the second argument. (shrink)

We surveyed IRB chairs' perspectives on offering individual genetic research results to participants and families, including family members of deceased participants, and the IRB's role in addressing these issues. Given a particular hypothetical scenario, respondents favored offering results to participants but not family members, giving choices at the time of initial consent, and honoring elicited choices. They felt IRBs should have authority regarding the process issues, but a more limited role in medical and scientific issues.

PURPOSE: The purpose of this paper is to consider some of the philosophical and bioethical issues raised by the creation of the draft social values framework developed to facilitate data collection and country-specific presentations at the inaugural workshop on "Social values and health priority setting" held in February 2011. -/- DESIGN/METHODOLOGY/APPROACH: Conceptual analysis is used to analyse the term "social values", as employed in the framework, and its relationship to related ideas such as moral values. The structure of the framework (...) (process and content values) is considered in light of current debate in philosophy and bioethics about the political and moral aims served by these kinds of values, and the extent to which they are either suited to, or sufficient for, the policy context. -/- FINDINGS: There is much to be gained by engaging with the arguments presented in the philosophical literature in order to further refine the framework. The framework should remain neutral in respect of the importance of procedural values in different contexts and should be as inclusive as possible in respect of the principles it includes. Further development would be best served by taking a multidisciplinary approach. The framework could provide a valuable space in which future debates about procedural/substantive values can be considered. -/- ORIGINALITY/VALUE: The paper brings philosophical and bioethics perspectives to bear on a new framework proposed for the analysis of social values in health priority setting. It identifies how such a practical, policy-focused framework might be informed by engagement with deeper, and often unresolved, questions or principle around resource allocation in health. (shrink)