In this essay I criticize recent attempts to prove that the concept of lying does not include the intent to deceive. I argue that examples by Isenberg and Carson fail to prove that one can lie without intending to deceive and, furthermore, that untoward consequences would follow if these authors were correct. I conclude that since intending to deceive is indeed a necessary condition of lying, the class of statements that constitute lies is smaller than what Isenberg et al. would (...) suggest. Hence the class of deceptive advertisements is also correspondingly smaller. (shrink)

Bioethics: Legal and Clinical Case Studies is a case-based introduction to ethical issues in health care. Through seventy-eight compelling scenarios, the authors demonstrate the practical importance of ethics, showing how the concerns at issue bear on the lives of patients, health care providers, and others. A range of central topics are covered, including informed consent, medical futility, reproductive ethics, privacy, cultural competence, and clinical trials. Each chapter includes a selection of important legal cases as well as clinical case studies for (...) critical analysis. The case studies are often presented as moral dilemmas, and are conducive to rich discussion. A companion website offers a curated collection of relevant legal precedents as well as additional case studies and other resources. (shrink)

SummaryIn this essay I critically discuss the views of Thomas Kuhn and Paul Feyerabend on the succession of scientific theories. I argue that, if Karl Popper's desiderata for theory succession are properly explicated, they constitute a basis for refuting the “incommensurability“ thesis of Kuhn and Feyerabend. Popper's claim that a new theory must constitute an “improvement” over the old implies that the new theory must be able to be interpreted as referring to most of the phenomena as its predecessor.RésuméDans cet (...) essai, je discute les vues de Thomas Kuhn et de Paul Feyerabend sur la succession des théories scientifiques. Je montre que si les desiderata de Karl Popper pour la succession des théories sont correctement explicités, ils constituent une base pour réfuter la thèse ?incommen‐surabilité de Kuhn et de Feyerabend. Ľexigence de Popper selon laquelle une nouvelle théorie doit améliorer la précédente implique que la nouvelle théorie doit pouvoir être interprétée comme se référant à une plus grande part des phénoménes que ses prédécesseurs.ZusammenfassungIn der vorliegenden Arbeit werden Thomas Kuhns und Paul Feyerabends Auffassungen über die Frage, wie wissenschaftliche Theorien sich ablösen und folgen, erörtert. Ich zeige, dass Karl Poppers Forderungen für einen rationalen Theorienwechsel, wenn einmal richtig erläutert, eine Grundlage fiir die Widerlegung der Inkommensurabilitätsthese von Kuhn und Feyerabend lie‐fern. Proppers Forderung, dass eine neue Theorie gegenüber der alten eine Verbesserung darstellen müsse, impliziert, dass die neue Theorie so interpretiert werden kann, dass sie sich auf die meisten Phänomene bezieht, von denen auch in der Vorgängerin die Rede war. (shrink)

In this essay, I examine the relationship between lawsuits for medical malpractice and the legal standard of care. I suggest that there is an insidious, dynamic relationship between physicians' reactions to the recent increase in malpractice litigation and an artificial elevation of the legal standard of care. Since, that is, the legal standard for proper medical care is based upon the community standard of care rather than the reasonable person standard, to the extent that overtreatment or “defensive” medicine becomes widespread (...) as a reaction to malpractice litigation, the legal standard becomes elevated as well. Thus, it will increasingly be the case that unless a physician practices defensive medicine, and hence practices unreasonably, she risks being found liable for medical malpractice. (shrink)

In this essay it will be argued that if preferential treatment for individuals who have suffered from past discrimination is permissible in any context, it should be extended to the allocation of scarce medical resources. This contention will be based on two facts: one, that health care, in particular certain life-saving operations, constitutes a scarce social good similar to but more important than other social goods such as desirable jobs and positions in desirable professional schools; secondly, that a claim can (...) plausibly be made that the greater incidence of death due to heart disease among blacks is a result of the effect of past discrimination. In addition, an argument to the effect that preferential treatment is indeed permissible will be sketched that is based upon a critique of the decision in the Bakke case. (shrink)

The proponents of the ‘vindication’ or ‘pragmatic justification’ of induction have attempted to show that induction will work if any method does. This in turn serves as grounds for their claim that we have everything to gain by using induction and nothing to lose. Hence, they conclude that it is rational to use induction. Their claim that induction will work if any mehtod does is based upon the following argument:If nature is uniform, induction will work. If nature is not uniform (...) and some other method works, the success of that method will then constitute a regularity to which induction can be successfully applied. In that case, induction will sanction the continued use of the successful method and hence will be successful as well. (shrink)

In _Bioethics in Context_, Gary Jones and Joseph DeMarco connect ethical theory, medicine, and the law, guiding readers toward a practical and legally grounded understanding of key issues in health-care ethics. This book is uniquely up-to-date in its discussion of health-care law and unpacks the complex web of American policies, including the Patient Protection and Affordable Care Act. Useful case studies and examples are embedded throughout, and a companion website offers a thorough, curated database of relevant legal precedents as (...) well as additional case studies and other resources. (shrink)

The proponents of the ‘vindication’ or ‘pragmatic justification’ of induction have attempted to show that induction will work if any method does. This in turn serves as grounds for their claim that we have everything to gain by using induction and nothing to lose. Hence, they conclude that it is rational to use induction. Their claim that induction will work if any mehtod does is based upon the following argument:If nature is uniform, induction will work. If nature is not uniform (...) and some other method works, the success of that method will then constitute a regularity to which induction can be successfully applied. In that case, induction will sanction the continued use of the successful method and hence will be successful as well. (shrink)

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. We reject arbitrary distinctions that deny adequate protections to other animals who share with protected humans relevantly similar vulnerabilities to harms and relevantly similar interests in avoiding such harms. We strongly urge this Court, in keeping with the best philosophical standards of rational judgment and ethical standards of justice, to recognize that, as a nonhuman person, Happy should be (...) released from her current confinement and transferred to an appropriate elephant sanctuary, pursuant to habeas corpus. (shrink)

E. E. Constance Jones, a regular contributor to Mind and the Proceedings of the Aristotelian Society, and the author of several textbooks and a monograph, worked in both philosophical l...

This volume presents readings in philosophy from around the world and across history, from the Buddha to bell hooks, organized around traditional Anglo-European philosophical themes such as freedom and the existence of God. An introductory section discusses the nature of philosophy and gives advice on reading philosophical texts, and introductions to selections provide background and questions for thought.

Drawing heavily on recent empirical research to update R.M. Hare's two-level utilitarianism and expand Hare's treatment of "intuitive level rules," Gary Varner considers in detail the theory's application to animals while arguing that Hare should have recognized a hierarchy of persons, near-persons, & the merely sentient.

The standard means of seeking the classical limit in Bohmian mechanics is through the imposition of vanishing quantum force and quantum potential for pure states. We argue that this approach fails, and that the Bohmian classical limit can be realized only by combining narrow wave packets, mixed states, and environmental decoherence.

The rapidly declining biosphere integrity, representing one of the core planetary boundaries, is alarming. One of the most widely accepted measures to halt the rate of biodiversity loss is to maintain and expand protected areas that are effectively managed. However, it requires substantial finance derived from nature-based tourism, specifically visitors from urban areas. Using the Bayesian Mindsponge Framework (BMF) on 535 Vietnamese urban residents, the current study examined how their biodiversity loss perceptions can affect their willingness to pay for the (...) entrance fee and conservation in protected areas. We found that perceived environmental degradation, loss of economic growth, loss of nature-based recreation opportunity, and loss of knowledge as consequences of biodiversity loss has indirect effects on paying willingness through the mediation of the attitude towards conservation. Especially, the perceived knowledge loss also has a direct positive influence on the willingness to pay for the entrance fee and conservation. In contrast, perceived loss of health is negatively associated with the attitude towards conservation. Based on these findings, we suggest that building an eco-surplus culture among urban residents can be a promising way to generate more finance from nature-based tourism for conservation in protected areas and ease the domestic government's and international organizations' funding allocations problems. (shrink)

Standard economic theory does not capture trust among anonymous Internet traders. But when traders are allowed to have social preferences, uncertainty about a seller’s morals opens t he door for trust, reward, exploitation and reputation building. We report experiments suggesting that sellers’ intrinsic motivations to be trustworthy are not sufficient to sustain trade when not complemented by a feedback system. We demonstrate that it is the interaction of social preferences and cleverly designed reputation mechanisms that solves to a large extent (...) the trust problem on Internet market platforms. However, economic theory and social preference models tend to underestimate the difficulties of promoting trust in anonymous online trading communities. (shrink)

E-Z Reader 7 is a processing model of eye-movement control. One constraint imposed on the model is that high-level cognitive processes do not influence eye movements unless normal reading processes are disturbed. I suggest that this constraint is unnecessary, and that the model provides a sensible architecture for explaining how both low- and high-level processes influence eye movements.

In his publications since the three-volume Spheres project, Peter Sloterdijk thematizes religion as a now outmoded immunological system. He says it can no longer perform its historical function because humans have lost the protection of a world periphery. The entirety of what was “outside” is now “inside,” and this has happened because: (1) spheres are systems, and as Luhmann shows, systems naturally complexify and expand themselves by becoming self-reflective; and (2), as Nietzsche says, humans are driven by a need to (...) surpass themselves. The loss of world periphery is manifest in the climate crisis, which registers as a general sense that we must “change our lives.” This gives Sloterdijk the chance (or so I argue) to create a new sphere (in the symbolic mode) that can be shared by all humans, a function no so-called world religion can fulfill. This new solidarity would come about when the earth becomes the completing “other” to every self, and individuals act in accordance with the imperative to assure the existence of human life on earth. The last section of the paper contrasts Sloterdijk’s spherology with Latour’s actor–network theory, and his later move into political ecology. I argue that, despite their alliance against “globalism,” Latour and Sloterdijk are working with very different models of space (spheres vs. networks) and have different agendas vis-à-vis the climate crisis. Sloterdijk is trying to build ethical solidarity among humans, while Latour is concerned with a politics (in the Schmittian sense) between both human and nonhuman actors, including Gaia, which is both the space of action (a network of networks) and an actor in its own right. And finally, I take up Sloterdijk’s statement that religions were never anything other than human practices, compared with Latour’s call for acting “religiously,” which means “respecting what others cling to.” I do this by way of showing there are conceptual limitations to the concept of spheres and to Sloterdijk’s project overall. (shrink)

Laboratory studies find a strategic component to moral behaviour that differs in significant ways from common perceptions of how morality works. Models based on a preference for relative payoffs offer an explanation.

Albert Einstein deliberately and repeatedly expressed his general religious views. But what were his views of mysticism? His statements on the subject were few, relatively obscure, and often misunderstood. A coherent answer requires setting those statements in historical, cultural, and theological context, as well as examining Einstein's philosophical and religious views. Though the Einstein that emerges clearly rejected supernatural mysticism, his views of “essential” mysticism were—though largely implicit—more nuanced, more subtle, and ultimately more sympathetic than “mere appearance” suggests.

In his recent essay on moral pluralism in environmental ethics, J. Baird Callicott exaggerates the advantages of monism, ignoring the environmentally unsound implications of Leopold’s holism. In addition, he fails to see that Leopold’s view requires the same kind of intellectual schitzophrenia for which he criticizes the version of moral pluralism advocated by Christopher D. Stone in Earth and Other Ethics. If itis plausible to say that holistic entities like ecosystems are directly morally considerable-and that is a very big if-it (...) must be for a very different reason than is usually given for saying that individual human beings are directly morally considerable. (shrink)

Subjects and Simulations presents essays focused on suffering and sublimity, representation and subjectivity, and the relation of truth and appearance through engagement with the legacies of Jean Baudrillard and Philippe Lacoue-Labarthe.