Martin Heidegger is, perhaps, the most controversial philosopher of the twentieth-century. Little has been written on him or about his work and its significance for educational thought. This unique collection by a group of international scholars reexamines Heidegger's work and its legacy for educational thought.

In this open peer commentary, we concur with the three target articles’ analysis and positions on abortion in the special issue on Roe v. Wade as the exercise of reproductive liberty essential for the bioethical commitment to patient autonomy and self-determination. Our proposed OPC augments that analysis by explicating more fully the concept crucial to Roe of fetal personhood. We explain that the development and use of predictive reproductive technologies over the fifty years since Roe has changed the literal image, (...) and thereby the epistemological landscape, through which a prospective parent comes to know the fetus. The logic of Roe required a legal and ethical denial of fetal personhood to prioritize maternal autonomy over claims to fetal moral personhood. Our claim is that such a denial may be more complicated today. The fetal person genetic testing and reproductive imaging now presents to prospective parents has become an increasingly individualized, distinct medicalized picture of a developing person with which a parent can either identify or differentiate. In contrast, the fetal person of Roe was an abstract and vague figure stripped of most human particulars, a pregnancy rather than the specific individualized human entity reproductive technology now presents as a person to prospective parents. We discuss the implications of this shift and call for a more capacious analysis of reproductive ethics that works towards both reproductive and disability justice. (shrink)

Feminist legal scholars and health care lawyers have long engaged with law's responses to the female reproductive body, especially on what the legal regulation of women's reproductive lives can tell us about the broader relationship between law and gender. Acknowledging this work and building upon it, Endowed considers the interaction of law and ideas of male reproductivity. In particular, it seeks to uncover what these regulatory moments can tell us about contemporary ideas and ideals of masculinity and the male sexed (...) body. Spanning topics such as male circumcision and the regulation of state access to Viagra, the book uncovers recurring motifs that define masculinity and the male body in the legal imagination. In looking to these understandings the book engages with broader questions regarding the relationship between law and gender and between masculinity and social organization. (shrink)

The late eleventh and twelfth centuries were Europe's first age of pamphlet warfare, of invective and satire. The perceived failure, or at least hypocrisy, of its new institutions-the new monastic orders and the reformed papacy-gave rise to the phenomenon, and it was shaped by the study of grammar and rhetoric in the new Schools. The central figures in the texts in the present book are Bernard of Clairvaux, the powerful ostensible founder of the Cistercian order, and the popular and influential (...) teacher Peter Abelard, leader of the radical faction in the Schools of Paris. The event which sparked this controversy was the Church council at Sens in 1141 which had led to the condemnation of Abelard's doctrines. Abelard proposed to use reason to explain the mysteries of faith, and this had led him into all kinds of difficulties with established church doctrine. The leading light in the atttack on his ideas was Bernard, the famous abbot of Clairvaux, a group of whose letters, written to gather support for it before and after the Council, are presented here. A little while later Abelard was defended by the vituperative but otherwise unknown Berengar, who wrote an outrageous Apology attacking Bernard; we also edit his remaining polemical works: his Letter to the Carthusians, and his Letter to the Bishop of Mende. None of Berengar's works has been translated before. An extensive introductory essay describes the course of the debate and the personnel, and analyses the invective employed by both Bernard and Berengar. There is full annotation identifying the writers' sources and clarifying the issues."-- Back cover. (shrink)

In April 2009 a Cochrane review was published assessing the effectiveness of male circumcision in preventing acquisition of HIV. It concluded that there was strong evidence that male circumcision, performed in a medical setting, reduces the acquisition of HIV by men engaging in heterosexual sex. Yet, importantly, the review noted that further research was required to assess the feasibility, desirability and cost-effectiveness of implementation within local contexts. This paper endorses the need for such research and suggests that, in its absence, (...) it is premature to promote circumcision as a reliable strategy for combating HIV. Since articles in leading medical journals as well as the popular press continue to do so, scientific researchers should think carefully about how their conclusions may be translated both to policy makers and to a more general audience. The importance of addressing ethico-legal concerns that such trials may raise is highlighted. The understandable haste to find a solution to the HIV pandemic means that the promise offered by preliminary and specific research studies may be overstated. This may mean that ethical concerns are marginalised. Such haste may also obscure the need to be attentive to local cultural sensitivities, which vary from one African region to another, in formulating policy concerning circumcision. (shrink)

Written by leading experts in the area, this volume investigates the ways in which emerging masculinities theory in law could inform feminist legal theory in particular and law in general. As many of the chapters in this collection illustrate, law is constantly in a dynamic interaction with masculinities: it has both influenced existing masculinities and has been influenced by those masculinities. The contributions focus feminist and critical theoretical attention on masculinities and consider the implications of masculinities theory for law and (...) legal theory. (shrink)

This book brings together new work by some of the foremost writers in the health care law arena. It presents exciting new insights,drawing on feminist theory and methodology to further our understanding of health care law. Whilst the book makes a real contribution to both feminist debates and the analysis of this area of law, it is also accessible to the undergraduate student who is approaching this area of legal scholarship and feminist jurisprudence for the first time. Its focus is (...) not merely on those issues which have traditionally excited feminist attention, but also includes those subjects which have proved of less apparent interest such as confidentiality, medical research, medical negligence and professional discipline. (shrink)

Female genital cutting (FGC) is generally understood as a gendered harm, abusive cultural practice and human rights violation. By contrast, male genital cutting (MGC) is held to be minimally invasive, an expression of religious identity and a legitimate parental choice. Yet scholars increasingly problematize this dichotomy, arguing that male and female genital cutting can occasion comparable levels of harm. In 2015 this academic critique received judicial endorsement, with Sir James Munby's acknowledgement that all genital cutting can cause ‘significant harm’. This (...) article investigates the harm occasioned by MGC. It is informed by a Freedom of Information (FoI) study which provides some empirical evidence of the nature and frequency of physical harm caused by MGC in U.K. hospitals. While acknowledging the challenges and limitations of FoI research, we outline important lessons that this preliminary study contains for medical ethics, law and policy. It provides some empirical evidence to support claims regarding the risks which accompany the procedure and the obligation of health professionals to disclose them, and reveals the paucity of measures in place to ensure that harms are recorded, disclosed and monitored. (shrink)

In this essay, we suggest practical ways to shift the framing of crisis standards of care toward disability justice. We elaborate on the vision statement provided in the 2010 Institute of Medicine (National Academy of Medicine) “Summary of Guidance for Establishing Crisis Standards of Care for Use in Disaster Situations,” which emphasizes fairness; equitable processes; community and provider engagement, education, and communication; and the rule of law. We argue that interpreting these elements through disability justice entails a commitment to both (...) distributive and recognitive justice. The disability rights movement's demand “Nothing about us, without us” requires substantive inclusion of disabled people in decision‐making related to their interests, including in crisis planning before, during, and after a pandemic like Covid‐19. (shrink)

This article examines the origins and development of J. J. Thomson's chemical thought, and the reception of his theories by chemists. Thomson's interest in chemical combination and atomic theories of matter dates from his formative schooldays at Owens College, Manchester. These themes constituted a persistent leitmotif in the development of Thomson's style of thought, and provided a powerful stimulus which enabled him to enunciate the concept of electrons as fundamental particles. Thomson's influence on chemists during the (...) years 1903 to 1923 reflects the richness and fertility of his chemical thought. He influenced the absorption of the Victorian physical tradition by American chemists, thus adding a mechanistic, picture-embedded style to theoretical chemistry. Thomson's style of thought resonated with the needs of American chemists, but was ignored in Germany. (shrink)

This book identifies the criteria for successful constitutions in both theory and practice using the research and methodology of Vincent Ostrom.

I show that the common reading of Thomson, that she argues by analogy for the conclusion that abortion is permissible, is mistaken. The correct reading of Thomson is that she argues by counterexample, showing that arguments against abortion are unsound. The remainder of the paper highlights the lessons learned from Thomson once we read her aright.

After the invention of a national script, c.400 AD, Armenians rapidly developed their own literary forms, drawing on foreign texts as well as their own traditions. Historical writing is the most original genre in classical and medieval Armenian literature. Greek works constituted the major part of translated histories. But in the thirteenth century the extensice Chronicle of the Syrian Patriarch Michael and the first part of the Georgian chronicles were adapted for an Armenian readership. The collection known as the (...) `Georgian Chronicles' was finally codified in the eighteenth century and represents only a small part of Georgian historical writing. The thirteenth century Armenian version is in fact the earliest attestation of this growing corpus of texts, predating all extant Georgian manuscripts of it. This book presents the two texts, Georgian and Armenian, in English translation for the first time. The Introduction and Commentary draw attention to the ways in which the unknown Armenian translator changed his original material in a pro-Armenian fashion. His rendering became the standard source for early Georgian history used by later Armenian historians. The book includes a useful overview of the background to the chronicles, the history and culture of Christian Georgia and Armenia, and their respective languages and literature. (shrink)

After the invention of a national script, c.400 AD, Armenians rapidly developed their own literary forms, drawing on foreign texts as well as their own traditions. Historical writing is the most original genre in classical and medieval Armenian literature. Greek works constituted the major part of translated histories. But in the thirteenth century the extensice Chronicle of the Syrian Patriarch Michael and the first part of the Georgian chronicles were adapted for an Armenian readership. The collection known as the (...) `Georgian Chronicles' was finally codified in the eighteenth century and represents only a small part of Georgian historical writing. The thirteenth century Armenian version is in fact the earliest attestation of this growing corpus of texts, predating all extant Georgian manuscripts of it. This book presents the two texts, Georgian and Armenian, in English translation for the first time. The Introduction and Commentary draw attention to the ways in which the unknown Armenian translator changed his original material in a pro-Armenian fashion. His rendering became the standard source for early Georgian history used by later Armenian historians. The book includes a useful overview of the background to the chronicles, the history and culture of Christian Georgia and Armenia, and their respective languages and literature. (shrink)

In the Trolley Case (Figure 1), as devised by Philippa Foot and modified by Judith Jarvis Thomson, a runaway trolley (i.e. tram) is headed down a main track and will hit and kill five unless you divert it onto a side track, where it will hit and kill one.

In the Trolley Case, as devised by Philippa Foot and modified by Judith Jarvis Thomson, a runaway trolley is headed down a main track and will hit and kill five unless you divert it onto a side track, where it will hit and kill one.

In a recent discussion of my "Foetuses, Famous Violinists, and the Right to Continued Aid", Mark Strasser argues (in effect) that I misunderstood my own argument and am therefore not entitled to conclude that, assuming the foetus to be a person with the same rights as you or I, abortion (even to end rape-caused pregnancy) cannot be justified in the way Judith Thomson attempted in her wellknown paper.' I don't believe I misunderstood my argument. What I propose to do (...) here is to clarify it, especially the distinction between 'dependence' and 'reliance', and to show that Strasser's criticism is plainly mistaken. (shrink)

In the Trolley Case (Figure 1), as devised by Philippa Foot and modified by Judith Jarvis Thomson, a runaway trolley (i.e. tram) is headed down a main track and will hit and kill five unless you divert it onto a side track, where it will hit and kill one.

Michael-John Turp | : There is little consensus concerning the truth or reference conditions for evaluative terms such as “good” and “bad.” In his paper “Good and Evil,” Geach proposed that we distinguish between attributive and predicative uses of “good.” Foot, Thomson, Kraut, and others have put this distinction to use when discussing basic questions of value theory. In §§1-2, I outline Geach’s proposal and argue that attributive evaluation depends on a prior grasp of the kind of thing (...) that is evaluated, which is another way of saying a prior grasp of a thing’s nature. In §§3-4, I discuss the evaluation of artifacts, which provide the clearest examples of attributive evaluation. This allows me to address a series of problems apparently facing the idea of attributive goodness. In §5, I consider the neo-Aristotelian idea that we can extend attributive accounts of goodness to human lives, and I pay attention to Foot’s account of natural goodness. This leads me to consider the goodness of human life as a whole in §6. At this point. I depart from Geach’s approach and argue that questions of attributive goodness finally give rise to questions of predicative or absolute goodness. | : Il y a peu de consensus sur la vérité ou les conditions de référence pour les termes évaluatifs tels que « bon » et « mauvais ». Dans son article « Good and Evil », Geach a proposé de distinguer les usages attributif et prédicatif du « bon ». Foot, Thomson, Kraut et d’autres considèrent qu’il faut utiliser cette distinction lorsqu’il s’agit des questions fondamentales de la théorie de la valeur. Dans les parties 1-2, je décris ici la proposition de Geach et je prétends que l’évaluation attributive dépend d’une compréhension préalable du genre de chose qui est évaluée, ce qui est une autre façon de dire une compréhension préalable de la nature d’une chose. Dans les parties 3-4, je discute de l’évaluation des artefacts, qui fournissent les exemples les plus clairs d’évaluation attributive. Cela me permet d’illustrer une série de problèmes apparemment liés à l’idée de la bonté attributive. Dans la partie 5, je considère l’idée néo-aristotélicienne voulant que nous puissions étendre notre compréhension de la bonté attributive aux vies humaines, et je me penche sur l’idée de bonté naturelle selon Foot. Cela me conduit à considérer la bonté de la vie humaine comme un tout, dans la partie 6. De là, je m’éloigne de l’approche de Geach pour affirmer que les questions de bonté attributive suscitent finalement des questions de bonté prédicative ou absolue. (shrink)

Critique of J.J. Thomson's well-known defense of abortion. Tries to show that Thomson is wrong that abortion is a violation of the fetus's right to life because there is an important difference between the way the fetus is dependent on the pregnant woman and the way the patient is dependent on the violinist.

Questions concerning the moral and appropriate legal status of abortion are among the most important issues in applied ethics, and answering those questions involves addressing some intellectually very difficult issues. First, many alternatives exist concerning what nonpotential properties suffice to give something moral status. These include (a) having the capacity for thought, (b) having the capacity for rational thought, (c) possessing self-consciousness, (d) being a continuing subject of mental states, (e) being a subject of nonmomentary interests, (f) being an agent, (...) (g) being a moral agent, (h) having consciousness, (i) having both consciousness and desires, and (j) being able to use a language. Deciding which of these, or other alternatives, correctly identifies nonpotential properties sufficient to give one moral status is not at all an easy matter. -/- Second, another crucial and very challenging issue is this. Suppose that property P gives an entity moral status. If something will, in the normal course of development, acquire property P, does that entity then have moral status by virtue of that potentiality? This question, which appears to be crucial for determining the moral status of abortion, is presently the object of serious philosophical disagreement. -/- Finally, given certain answers to the preceding two questions, the moral status of abortion may depend upon answers to questions in areas outside of ethics. Suppose, for example, that something begins to have moral status only when it acquires a capacity for thought. Then the question is when developing members of our species first acquire that capacity. Answering that question, however, depends upon answering philosophical and scientific questions about the nature of human minds, because it may be crucial whether, as some philosophers believe, substance dualism is right, and the human mind is an immaterial entity, or whether, on the contrary, either property dualism or physicalism is correct. If substance dualism is right, then determining when a human first acquires the capacity for thought may depend upon philosophical or religious arguments, whereas if either property dualism or physicalism is correct, the answer will depend instead upon the outcome of demanding scientific investigations in neurophysiology and psychology. (shrink)

∗Thanks to J. C. Beall, Alex Byrne, Jason Decker, Tyler Doggett, Paul Elbourne, Adam Elga, Warren Goldfarb, Delia Graff, Richard Heck, Charles Parsons, Mark Richard, Susanna Siegel, Jason Stanley, Judith Thomson, Carol Voeller, Brian Weatherson, Ralph Wedgwood, Steve Yablo, Cheryl Zoll, and an anonymous referee for valuable comments and discussions. Versions of this material were presented in my seminar at MIT in the Fall of 2000, and at the University of Maryland, Baltimore County. Parts of this paper also derive (...) from my comments on a paper of Scott Soames at the ‘Liars and Heaps’ conference at the University of Connecticut in the Fall of 2002. I am grateful for the help of these audiences, and especially to Prof. Soames. (shrink)

1. Overview -/- 1.1 Main Divisions When, if ever, is it morally permissible to end the life of a human embryo or fetus, and why? As regards the first of these questions, there are extreme anti-abortion views, according to which abortion is prima facie seriously wrong from conception onwards – or at least shortly thereafter; there are extreme permissibility views, according to which abortion is always permissible in itself; and there are moderate views, according to which abortion is sometimes permissible, (...) and sometimes not. -/- Moderate views appeal to a variety of considerations in support of the view that abortion is sometimes justified, but these fall into four main categories. First, there are cases where the developing human is seriously defective in some way – perhaps such that it will not have a life that is worth living. Secondly, there are cases where continuation of pregnancy would involve serious risks to the life or health of the woman. Thirdly, there are moderate positions according to which the developing human initially does not have serious moral status, or a right to life, but acquires such status at some point before birth. Finally, it is often held that abortion is justified in the case of rape. -/- With the exception of the last consideration, moderate views assume that the moral status of the developing human is crucial with respect to the permissibility of abortion. Moreover, this is a natural assumption that was shared by all sides until the publication in 1971 of Judith Jarvis Thomson’s article “A Defense of Abortion,” in which she argued that abortion is permissible even if one assumes, for the sake of argument, that human embryos and fetuses have a right to life. Thus we have one of the great divides in the philosophical discussion of abortion: Is the moral status of the developing human generally decisive with regard to the moral permissibility of abortion or not? -/- 1.2 The Moral Status of the Developing Human: Thomson and Boonin Thomson’s article evoked many critical responses, along with some defenses, which I have described elsewhere (2013; “Thomson’s Attempt to Defend Abortion in General”). Crucial, however, is David Boonin’s defense (2003), which contains responses to all of the important objections directed against the attempt to show that one can defend abortion while granting that human embryos and fetuses have a right to life fully on a par with that of normal adult human beings. -/- Boonin’s impressive efforts notwithstanding, I do not think that this way of defending an extreme permissibility view is successful. The crucial issue is whether it is morally permissible intentionally to bring into existence an entity with a right to life in a situation where one knows that it will not survive without one’s assistance, and then to refrain from providing that assistance. An especially forceful way of arguing that this is not permissible is found in an article by Richard Langer (1993, 351-2), who argues that if this were permissible, it would follow not only that abortion was justified, but also that it is permissible to allow one’s children to die, some years after birth, simply because one no longer wishes to care for them. -/- 1.3 Moderate Views Moderate positions on abortion raise a number of issues that, for reasons of space, I cannot address here. Some of these depend on the issue of the moral status of the developing human, and defending a moderate view requires showing that both extreme anti-abortion and extreme moral permissibility views concerning the moral status of humans before birth are incorrect. I have argued elsewhere (1983, 285-302, and 2009, 59-63) that the prospects of doing this are not promising. -/- As regards permissibility in the case of rape, everything depends upon whether, as Thomson contends (1971), there is no obligation to be a good Samaritan, rather than merely a minimally decent one, and so no obligation for a woman to remain pregnant to save the life of a being that she was not responsible for bringing into existence. Finally, on the one hand, in cases where the woman will die if an abortion is not performed, virtually all moral philosophers, with the exception of those who embrace the moral view advanced by the Catholic Church in encyclicals by Pope Pius XI (1930) and Pope Paul VI (1968), agree that abortion is morally permissible, while, on the other hand, if the situation is one where there is only some risk that the woman will die if an abortion is not performed, or where the threat is not to the woman’s life, but only to her health, then the situation does seem clear-cut if one assumes that the embryo or fetus has a right to life. -/- 1.4 Extreme Anti-Abortion Views Very different arguments are offered for the view that abortion is in itself never permissible. First of all, in popular discussions, appeal is frequently made to the mere fact of membership in the biologically defined species Homo sapiens, but among those who are philosophically knowledgeable, this line of argument is almost invariably rejected, for reasons that I have set out elsewhere (Tooley, 2009, 21-35). -/- Secondly, appeal is also made to the idea that humans have immaterial minds, or souls – for example, by Stephen Schwartz (1990), J. P. Moreland and Scott B. Rae (2000), Norman Ford (2002), and Francis J. Beckwith, (2005). The postulation of immaterial minds or souls is, however, open to strong objections, since there is excellent evidence that human psychological powers have their categorical bases in neural structures, rather than in an immaterial substance (Tooley, 2009, 15-19). In addition, the postulation of an immaterial soul, conceived of along Thomistic lines, is on a collision course with biology, since such an immaterial soul is held to govern a human’s life processes and biological development. -/- Thirdly, there is the ‘substantial identity’ argument, advanced for example by Patrick Lee (2004), and which claims that an entity possesses a right to life by virtue of the type of substance it is. This view is exposed to a number of strong objections, however, among them the fact that it leads to the unacceptable consequence that a human that has suffered upper brain death still has a right to life (Tooley, 2009, 51-9). -/- The upshot is that most philosophers do not find any of the preceding three lines of argument for an extreme anti-abortion position promising. The focus, accordingly, has been elsewhere – namely, on arguments claiming that human embryos and fetuses have serious moral status, or a right to life, because they have the potentiality for developing those psychological capacities – for thought, self-consciousness, rationality, and so on – that seem clearly relevant to a being’s moral status. -/- In what follows, then, I shall confine my discussion to what seems to me the most crucial issue bearing upon the moral status of abortion, namely, that between, on the one hand, a potentiality account of moral status, and, on the other, the type of approach most commonly appealed to in support of an extreme permissibility position on abortion, namely, a personhood account of the right to life. -/- One of the earliest defenders of the view that potentialities give something a right to life was Jim Stone in his article, “Why Potentiality Matters,” where Stone argues for the conclusion, “we have a prima facie duty not to deprive them of the conscious goods which it is their nature to realize” (1987, 821). Stone’s discussion, however, attracted much less attention than an article published two years later by Don Marquis, entitled “Why Abortion is Immoral.” The latter is one of the most interesting articles on abortion, as well as one of the most discussed––and deservedly so. In what follows, then, I shall focus upon it. -/- My discussion is organized as follows. In section 2, I summarize Marquis’s account of the wrongness of killing. Then, in section 3, I set out an alternative account, one in which the concept of a neo-Lockean person is central. Sections 4, 5, and 6 are then devoted to criticisms of Marquis’s approach, all of which also support the alternative, rights-based, neo-Lockean personhood account. (shrink)

This is a Swedish translation of the complete text of "In Defense of Abortion and Infanticide" from Moral Issues, edited by Jan Narveson, Oxford University Press, Toronto and New York, 1983, 215-233. -/- There are various ways of attempting to defend an extreme liberal view on abortion, according to which a woman always has the right to control what happens inside her own body. First of all, there is the popular view that appeals to the idea that there is a (...) fundamental, underived right that women have to control what occurs within their own bodies. Secondly, there is a related type of philosophical argument advanced by Judith Jarvis Thomson in her famous and oft-reprinted article “A Defense of Abortion” for the slightly weaker claim that while abortion is not always permissible, since, as she says near the end of her essay, it is impermissible in, and only in, the following circumstances: “There may well be cases where carrying the child to term requires only Minimally Decent Samaritanism of the mother, and this is a standard w must not fall below.” Subsequently, Thomson’s type of argument was then developed and defended at much greater length by David Boonin in his very carefully argued book A Defense of Abortion, though Boonin does not discuss the case of the Minimally Decent Samaritan. I believe that there is a strong objection to the Thomson/Boonin approach to justifying abortion. It was set out in an article by Richard Langer, namely, in ‘Silverstein and the “Responsibility Objection”’, Social Theory and Practice 19/3. 345-58. Langer’s discussion is not, in general, very strong, but in a very important paragraph, on pages 351-2, Langer argues that if the responsibility objection to Thomson is unsound, then it follows that there will also be circumstances in which allowing one’s children to die, simply because one no longer wishes to care for them, will also be morally permissible. David Boonin replies to Langer’s objection in his A Defense of Abortion, but in discussing, on pages 182-3, Langer’s point about a parent’s responsibility to his or her children, Boonin relies upon a tacit consent argument that appears open to decisive objections. It seems to me, then, that the only possibility for a successful defense of an extreme liberal view concerning the justification of abortion will have to involve setting out a plausible account of what it is that gives something a right to life, and I think that the right answer is that neo-Lockean persons, and only neo-Lockean persons, have a right to continued existence. This leaves one with the scientific question of when developing humans become neo-Lockean persons. The answer to that question is perhaps still not firmly settled, although the extensive research that I carried out back in the 1970s seemed to me to support the conclusion that it is not until sometime that humans acquire the capacity for thought, a capacity that is necessary if a developing human is to be a neo-Lockean person. The upshot is that if one defends an extreme liberal view on abortion in the only way that seems to be satisfactory – that is, by setting out an account of what it is that gives something a right to life, and arguing that humans before birth do not have the relevant property, one must also address the question of infanticide, and that to fail to do so is intellectually unacceptable. (shrink)

I argue against Judith Jarvis Thomson’s solution for solving paradoxes surrounding trolley cases. I then offer my own competing, novel solution. Thomson famously proposed that what matters in trolley-type cases is whether an agent does something to a threat itself so as to minimize harm or whether the agent initiates a new threat against a person so as to minimize harm. According to her, we intuitively assume that minimizing harm is permissible in the former case (doing something to (...) a threat) but not the latter (initiating a new threat to a person). I demonstrate that this distinction does not accommodate our intuitions in all trolley-type cases. I then propose a new distinction – that of being “in the realm” and “out of the realm” - that does accommodate our intuitions across the range of trolley type cases. Bringing someone from “out” of the realm “into” the realm thus constitutes a new deontological constraint against minimizing harm. (shrink)

Argues against the right to engage in lethal measures to defend oneself or others against innocent aggressors or innocent threats. Criticizes arguments to the contrary by Judith Jarvis Thomson and Frances Kamm. Offers a positive account of why the killing of an innocent threat or aggressor is morally on a par with the impermissible killing of an innocent bystander in self‐defence.

There are various ways of attempting to defend an extreme liberal view on abortion, according to which a woman always has the right to control what happens inside her own body. First of all, there is the popular view that appeals to the idea that there is a fundamental, underived right that women have to control what occurs within their own bodies. Secondly, there is a related type of philosophical argument advanced by Judith Jarvis Thomson in her famous and (...) oft-reprinted article “A Defense of Abortion” for the slightly weaker claim that while abortion is not always permissible, since, as she says near the end of her essay, it is impermissible in, and only in, the following circumstances: “There may well be cases where carrying the child to term requires only Minimally Decent Samaritanism of the mother, and this is a standard w must not fall below.” Subsequently, Thomson’s type of argument was then developed and defended at much greater length by David Boonin in his very carefully argued book A Defense of Abortion, though Boonin does not discuss the case of the Minimally Decent Samaritan. I believe that there is a strong objection to the Thomson/Boonin approach to justifying abortion. It was set out in an article by Richard Langer, namely, in ‘Silverstein and the “Responsibility Objection”’, Social Theory and Practice 19/3. 345-58. Langer’s discussion is not, in general, very strong, but in a very important paragraph, on pages 351-2, Langer argues that if the responsibility objection to Thomson is unsound, then it follows that there will also be circumstances in which allowing one’s children to die, simply because one no longer wishes to care for them, will also be morally permissible. David Boonin replies to Langer’s objection in his A Defense of Abortion, but in discussing, on pages 182-3, Langer’s point about a parent’s responsibility to his or her children, Boonin relies upon a tacit consent argument that appears open to decisive objections. It seems to me, then, that the only possibility for a successful defense of an extreme liberal view concerning the justification of abortion will have to involve setting out a plausible account of what it is that gives something a right to life, and I think that the right answer is that neo-Lockean persons, and only neo-Lockean persons, have a right to continued existence. This leaves one with the scientific question of when developing humans become neo-Lockean persons. The answer to that question is perhaps still not firmly settled, although the extensive research that I carried out back in the 1970s seemed to me to support the conclusion that it is not until sometime that humans acquire the capacity for thought, a capacity that is necessary if a developing human is to be a neo-Lockean person. The upshot is that if one defends an extreme liberal view on abortion in the only way that seems to be satisfactory – that is, by setting out an account of what it is that gives something a right to life, and arguing that humans before birth do not have the relevant property, one must also address the question of infanticide, and that to fail to do so is intellectually unacceptable. (shrink)

Current Legal Problems was established after the Second World War as a series of public lectures on law. It is now regarded as the most significant such series in the United Kingdom. Each year edited texts are reproduced in the form of a volume. This year's is the 56th such volume. The range of subject-matter as ever is wide. Subjects explored this year include the jurisprudence of Genesis; the law of delict; fair trials and safe convictions; and war, terrorism, and (...) international law. Amongst the contributors to this volume are Joseph Thomson, Lord Phillips of Worth Matravers, and Philippe Sands QCLReadership: Legal scholars and practitioners. (shrink)

In the aftermath of the Kermit Gosnell trial and Giubilini and Minerva's article ‘After-birth abortion’, abortion-rights advocates have been pressured to provide an account of the moral difference between abortion, particularly late-term abortion, and infanticide. In response, some scholars have defended a moral distinction by appealing to an argument developed by Judith Jarvis Thomson in A defense of abortion. However, once Thomson's analogy is refined to account for the morally relevant features of late-term pregnancy, rather than distinguishing between (...) late-term abortion and infanticide, it reinforces their moral similarity. This is because late-term abortion requires more than detachment – it requires an act of feticide to ensure the death of the viable fetus. As such, a Thomsonian account cannot be deployed successfully as a response to Giubilini and Minerva. Those wishing to defend late-term abortion while rejecting the permissibility of infanticide will need to provide an alternative account of the difference, or else accept Giubilini and Minerva's conclusion. (shrink)

In the aftermath of the Kermit Gosnell trial and Giubilini and Minerva's article ‘After-birth abortion’, abortion-rights advocates have been pressured to provide an account of the moral difference between abortion, particularly late-term abortion, and infanticide. In response, some scholars have defended a moral distinction by appealing to an argument developed by Judith Jarvis Thomson in A defense of abortion. However, once Thomson's analogy is refined to account for the morally relevant features of late-term pregnancy, rather than distinguishing between (...) late-term abortion and infanticide, it reinforces their moral similarity. This is because late-term abortion requires more than detachment – it requires an act of feticide to ensure the death of the viable fetus. As such, a Thomsonian account cannot be deployed successfully as a response to Giubilini and Minerva. Those wishing to defend late-term abortion while rejecting the permissibility of infanticide will need to provide an alternative account of the difference, or else accept Giubilini and Minerva's conclusion. (shrink)

J. N. Adams, Michael Lapidge, and Tobias Reinhardt: IntroductionJ. H. W. Penney: Connections in Archaic Latin ProseJ. Briscoe: Language and Style of the Fragmentary Republican HistoriansJ. N. Adams: The Bellum AfricumChristina Shuttleworth Kraus: Hair, Hegemony, and Historiography: Caesar's Style and its Earliest CriticsJ. G. F. Powell: Cicero's Adaptation of Legal Latin in the De legibusTobias Reinhardt: Language of Epicureanism in Cicero: The Case of AtomismG. O. Hutchinson: Pope's Spider and Cicero's WritingR. G. Mayer: The Impracticability of 'Kunstprosa'H. M. Hine: (...) Poetic Influence on Prose: The Case of the Younger SenecaHarm Pinkster: The Language of Pliny the ElderD. R. Russell: Omisso speciosiore stili genereS. J. Harrison: The Poetics of Fiction: Poetic Influence on the Languages of Apuleius' MetamorphosesD. R. Langslow: 'Langues réduites au lexique'? The Languages of Latin Technical ProseDanuta Shanzer: of Tours and Poetry: Prose into Verse and Verse into ProseMichael Lapidge: Poeticism in Pre-Conquest Anglo-Latin ProseRichard Sharpe: The Varieties of Bede's ProseCarlotta Dionisotti: Translator's LatinWalter Berschin: Realistic Writing in the Tenth Century: : Gerhard of Ausburg's Vita S. UodalriciR. M. Thomson: William of Malmesbury and the Latin Classics RevisitedGiovanni Orlandi: Metrical and Rhythmical Clausulae in Medieval Latin Prose: Some Aspects and Problems. (shrink)