Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, (...) the book explores the notion of a treatment, practice, or procedure being proper medical treatment, and considers the range of diverse factors which might influence the acceptance of a particular procedure as appropriate in the medical context. Contributors address such issues as clinical judgement and professional autonomy, the role of public interest, and the influence of resource allocation in decision-making. In doing so, the book explores how the law, the medical profession, and the public interact in determining whether a new or ethically contentious procedure should be regarded as legitimate. This book will be of interest and use to researchers and students of bioethics, medical law, criminal law, and the sociology of medicine. (shrink)

Volume 25, Issue 3, September 2019, Page 203-206.

Is conscientious objection necessarily incompatible with the role and duties of a healthcare professional? An influential minority of writers on the subject think that it is. Here, we outline...

In this paper we argue that while individual private interests such as autonomy and the need for a medical procedure or treatment are important in the provision and delivery of health care and the utilization of biotechnologies, these concepts need to be balanced with other interests such that in certain situations they do not take priority. We use as an example a particular developing biotechnology, xenotransplantation, to suggest that interest in the health of the public is such that this biotechnology (...) should not be permitted to move to the clinical trial stage because of the particular risk of harm it poses to the potential xeno-recipient, their close contacts and the wider population. This is despite the interest of those in need of a transplant in allowing such clinical trials to proceed. We derive support for our position from John Stuart Mill's harm principle. (shrink)

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

COVID-19 continues to dominate 2020 and is likely to be a feature of our lives for some time to come. Given this, how should health systems respond ethically to the persistent challenges of responding to the ongoing impact of the pandemic? Relatedly, what ethical values should underpin the resetting of health services after the initial wave, knowing that local spikes and further waves now seem inevitable? In this editorial, we outline some of the ethical challenges confronting those running health services (...) as they try to resume non-COVID-related services, and the downstream ethical implications these have for healthcare professionals’ day-to-day decision making. This is a phase of recovery, resumption and renewal; a form of reset for health services.1 This reset phase will define the ‘new normal' for healthcare delivery, and it offers an opportunity to reimagine and change services for the better. There are difficulties, however, healthcare systems are already weakened by austerity and the first wave of COVID-19 and remain under stress as the pandemic continues. The reset period is operating alongside, rather than at the end, of the pandemic and this creates difficult ethical choices. ### Balancing the greater good with individual care Pandemics—and public health emergencies more generally—reinforce approaches to ethics that emphasise or derive from the interests of communities, rather than those grounded in the claims of the autonomous individual. The response has been to draw on more public health focused ethics, ‘if demand outstrips the ability to deliver to existing standards, more strictly utilitarian considerations will have to be applied, and decisions about how to meet the individual's need will give way to decisions about how to maximise overall benefit’.2 Alongside this, effective …. (shrink)

We have been researching the distinctive ethical issues raised by what we have called “the reset period,” when non-Covid services resumed alongside the continuing pandemic in the UK. In this commen...

A welcome addition to the Routledge Critical Thinkers series, Judith Butler is the first guidebook on this renowned feminist and queer theory scholar, which will help not only students of literary criticism but also students of law, sociology, philosophy, film and cultural studies. Examining Butler's work through a variety of contexts, including the formation of gender performativity, identity and subjecthood, Sarah Salih address Butler's crucial ideas on the gender agenda, the body, pornography, race, gay self-expression and power and psychoanalysis. Concluding (...) with an annotated bibliography, this book will be the ideal starting point for all new to Butler. (shrink)

It is impossible to imagine contemporary critical theory without the work of Michel Foucault. His radical reworkings of the concepts of power, knowledge, discourse and identity have influenced the widest possible range of theories and impacted upon disciplinary fields from literary studies to anthropology. Aimed at students approaching Foucault's texts for the first time, this volume offers: * an examination of Foucault's contexts * a guide to his key ideas * an overview of responses to his work * practical hints (...) on 'using Foucault' * an annotated guide to his most influential works * suggestions for further reading. Challenging not just what we think but how we think, Foucault's work remains the subject of heated debate. Sara Mills' Michel Foucault offers an introduction to both the ideas and the debate, fully equipping student readers for an encounter with this most influential of thinkers. (shrink)

This chapter develops an alternative to the dominant articulation of human existence on the basis of classical phenomenology, arguing that Edmund Husserl's phenomenological inquiries into the structures of embodiment provide a very different and more fruitful starting point for the investigation of sexual difference than the ideas of social gender and biological sex. The ways of classifying sex and gender characteristics mark them out on several different conceptual bases, and thus their categories may not correspond or coincide. Moreover historical and (...) biological inquiries indicate that the dimorphic notion of sex is prescriptive and constructive. Finally the sex/gender paradigm is dominated by the explanatory framework of causes and effects. The phenomenological analysis shows that the causal-functional framework is inadequate for the investigation of the plurality of the bodily existence and sexual difference as a dimension of this existence. In the light of the explication of the concepts of sex and gender, and the phenomenological analysis of embodiment, the sex/gender paradigm cannot offer a basis for a comprehensive philosophy of sexual existence. (shrink)

The Routledge Handbook of Women and Ancient Greek Philosophy is an essential reference source for cutting-edge scholarship on women, gender, and philosophy in Greek antiquity. The volume features original research that crosses disciplines, offering readers an accessible guide to new methods, new sources, and new questions in the study of ancient Greek philosophy and its multiple afterlives. Comprising 40 chapters from a diverse international group of experts, the Handbook considers questions about women and gender in sources from Greek antiquity spanning (...) the period from 7th c. BCE to 2nd c. BCE, and in receptions of Greek antiquity from the Roman Imperial period, through the European Renaissance to the current day. Chapters are organized into five major sections: I. Early Greek antiquity – including Sappho, Presocratic philosophy, Sophists, and Greek tragedy – 700s–400s BCE II. Classical Greek antiquity – including Aeschines, Plato, and Xenophon – 400s–300s BCE III. Late Classical Greek to Hellenistic antiquity – including Cyrenaics, Cynics, the Hippocratic corpus, and Aristotle – 300s–200s BCE IV. Late Greek antiquity to Roman Imperial period – including Pythagorean women, Stoics, Pyrrhonian Skeptics, and late Platonists – 200s BCE to 700s CE V. Later receptions – including Shakespeare, the European Renaissance, Anna Julia Cooper, W.E.B. DuBois, Jane Harrison, Sarah Kofman, and Toni Morrison The Routledge Handbook of Women and Ancient Greek Philosophy is a vital resource for students and scholars in philosophy, Classics, and gender studies who want to gain a deeper understanding of philosophy’s rich past and explore sources and questions beyond the traditional canon. The volume is a valuable resource, as well, for students and scholars from history, humanities, literature, political science, religious studies, rhetorical studies, theatre, and LGBTQ and sexuality studies. (shrink)

Feminism is sensational -- On being directed -- Willfulness and feminist subjectivity -- Trying to transform -- Being in question -- Brick walls -- Fragile connections -- Feminist snap -- Lesbian feminism -- Conclusion 1: A killjoy survival kit -- Conclusion 2: A killjoy manifesto.

Introduction: find your way -- Orientations toward objects -- Sexual orientation -- The orient and other others -- Conclusion: disorientation and queer objects.

_The Promise of Happiness_ is a provocative cultural critique of the imperative to be happy. It asks what follows when we make our desires and even our own happiness conditional on the happiness of others: “I just want you to be happy”; “I’m happy if you’re happy.” Combining philosophy and feminist cultural studies, Sara Ahmed reveals the affective and moral work performed by the “happiness duty,” the expectation that we will be made happy by taking part in that which (...) is deemed good, and that by being happy ourselves, we will make others happy. Ahmed maintains that happiness is a promise that directs us toward certain life choices and away from others. Happiness is promised to those willing to live their lives in the right way. Ahmed draws on the intellectual history of happiness, from classical accounts of ethics as the good life, through seventeenth-century writings on affect and the passions, eighteenth-century debates on virtue and education, and nineteenth-century utilitarianism. She engages with feminist, antiracist, and queer critics who have shown how happiness is used to justify social oppression, and how challenging oppression causes unhappiness. Reading novels and films including_ Mrs. Dalloway_, _The Well of Loneliness_, _Bend It Like Beckham_, and _Children of Men_, Ahmed considers the plight of the figures who challenge and are challenged by the attribution of happiness to particular objects or social ideals: the feminist killjoy, the unhappy queer, the angry black woman, and the melancholic migrant. Through her readings she raises critical questions about the moral order imposed by the injunction to be happy. (shrink)

The paper suggests that we can usefully approach whiteness through the lens of phenomenology. Whiteness could be described as an ongoing and unfinished history, which orientates bodies in specific directions, affecting how they `take up' space, and what they `can do'. The paper considers how whiteness functions as a habit, even a bad habit, which becomes a background to social action. The paper draws on experiences of inhabiting a white world as a non-white body, and explores how whiteness becomes worldly (...) through the noticeability of the arrival of some bodies more than others. A phenomenology of whiteness helps us to notice institutional habits; it brings what is behind to the surface in a certain way. (shrink)

Mental simulation — such as imagining tilting a glass to figure out the angle at which water would spill — can be a way of coming to know the answer to an internally or externally posed query. Is this form of learning a species of inference or a form of observation? We argue that it is neither: learning through simulation is a genuinely distinct form of learning. On our account, simulation can provide knowledge of the answer to a query even (...) when the basis for that answer is opaque to the learner. Moreover, through repeated simulation, the learner can reduce this opacity, supporting self-training and the acquisition of more accurate models of the world. Simulation is thus an essential part of the story of how creatures like us become effective learners and knowers. (shrink)

Debates over what is fundamental assume that what is most fundamental must be either a “top” level (roughly, the biggest or highest-level thing), or a “bottom” level (roughly, the smallest or lowest-level things). Here I sketch an alternative to top-ism and bottom-ism, the view that a middle level could be the most fundamental, and argue for its plausibility. I then suggest that the view satisfies the desiderata of asymmetry, irreflexivity, transitivity, and well-foundedness of fundamentality, that the view has explanatory power (...) on par with that of top-ism and bottom-ism, and that it satisfies the Principle of Sufficient Reason. (shrink)

This paper develops and articulates a metaphysics of intersectionality, the idea that multiple axes of social oppression cross-cut each other. Though intersectionality is often described through metaphor, theories of intersectionality can be formulated using the tools of contemporary analytic metaphysics. A central tenet of intersectionality theory, that intersectional identities are inseparable, can be framed in terms of explanatory unity. Further, intersectionality is best understood as metaphysical and explanatory priority of the intersectional category over its constituents, akin to metaphysical priority of (...) the whole over its parts. (shrink)

In this paper I will show the problems that are encountered when dealing with uniqueness of connectives in a bilateralist setting within the larger framework of proof-theoretic semantics and suggest a solution. Therefore, the logic 2Int is suitable, for which I introduce a sequent calculus system, displaying - just like the corresponding natural deduction system - a consequence relation for provability as well as one dual to provability. I will propose a modified characterization of uniqueness incorporating such a duality of (...) consequence relations, with which we can maintain uniqueness in a bilateralist setting. (shrink)

The debate on love's reasons ignores unrequited love, which—I argue—can be as genuine and as valuable as reciprocated love. I start by showing that the relationship view of love cannot account for either the reasons or the value of unrequited love. I then present the simple property view, an alternative to the relationship view that is beset with its own problems. In order to solve these problems, I present a more sophisticated version of the property view that integrates ideas from (...) different property theorists in the love literature. However, even this more sophisticated property view falls short in accounting for unrequited love's reasons. In response, I develop a new version of the property view that I call the experiential view. On this view, we love a person not only in virtue of properties shaped by and experienced in a reciprocal loving relationship, but also in virtue of perspectival properties, whose value can be properly assessed also outside of a reciprocal loving relationship. The experiential view is the only view that can account not only for reciprocated love's reasons, but also for unrequited love's reasons. (shrink)

What does it mean to hold a belief? Some of our ways of speaking in English suggest that to hold a belief is to have something in your mind: beliefs are things we acquire, defend, recover, and so on (Abelson, 1986). That is, believing is a matter of being in a state of having a thing. In this paper, I will argue for an alternative: believing is something we do. This is not a new suggestion. For instance, Matthew Boyle (2011) (...) defends a theory of belief as an activity, which he traces back to Aristotle. This paper, however, makes two new contributions: first, I argue for an analogy between belief and planning that fleshes out what it would mean to understand belief as an activity, and second, I aim to show how the resulting view can help sense of a variety of theories in cognitive psychology that suggest cognitive information storage is dynamic and reconstructive. (shrink)

The most popular uniting theme in feminist peace literature grounds women's peace work in mothering. I argue if maternal arguments do not address the variety of relationships different races and classes of mothers have to institutional violence and/or the military, then the resulting peace politics can only draw incomplete conclusions about the relationships between maternal work/thinking and peace. To illustrate this I compare two models of mothering: Sara Ruddick's decription of "maternal practice" and Patricia Hill Collins's account of racial-ethnic (...) women's "motherwork.". (shrink)

In this paper I present a novel taxonomy of envy, according to which there are four kinds of envy: emulative, inert, aggressive and spiteful envy. An inquiry into the varieties of envy is valuable not only to understand it as a psychological phenomenon, but also to shed light on the nature of its alleged viciousness. The first section introduces the intuition that there is more than one kind of envy, together with the anecdotal and linguistic evidence that supports it. The (...) second section proposes and explains in detail a definition of envy tout court. The third section presents a recurring distinction between behavioral tendencies of envy, which has been explained in two distinct ways, one mostly proposed by psychologists, the other discernible in the philosophical tradition. The fourth section argues that these models of explanation track two variables, whose interplay is responsible for the existence of the four envies. The fifth section illustrates four paradigmatic cases, and provides a detailed analysis of the phenomenology, motivational structure, and typical behavioral outputs of each. The paper ends with a brief discussion of the implications of the taxonomy for moral education. (shrink)

This paper poses an original puzzle about the relationship between causation and moral responsibility called The Moral Difference Puzzle. Using the puzzle, the paper argues for three related ideas: (1) the existence of a new sort of moral luck; (2) an intractable conflict between the causal concepts used in moral assessment; and (3) inability of leading theories of causation to capture the sorts of causal differences that matter for moral evaluation of agents’ causal contributions to outcomes.

Envy is almost universally condemned. But is its reputation warranted? Sara Protasi argues envy is multifaceted and sometimes even virtuous.

This paper aims to reconfigure the place of memory in epistemology. I start by rethinking the problem that memory systems solve; rather than merely functioning to store information, I argue that the core function of any memory system is to support accurate and relevant retrieval. This way of specifying the function of memory has consequences for which structures and mechanisms make up a memory system. In brief, memory systems are modeling systems. This means that they generate, update and manage a (...) series of overlapping, simplified, relational representations that map out features of the world. Succeeding at building and maintaining models requires the kind of active knowledge generation traditionally associated only with deliberative reasoning. (shrink)

The Judith Butler Reader is a collection of writings that span her impressive career and trace her intellectual history. Judith Butler, author of influential books such as Gender Trouble, has built her international reputation as a theorist of power, gender, sexuality and identity Organized in active collaboration between Judith Butler and Sara Salih Collects together writings that span Butler’s impressive career as a critical philosopher, including selections from both well-known and lesser-known works Includes an introduction and editorial material to (...) assist students in their readings of theories that stand at the forefront of contemporary theoretical and political debates. (shrink)

Until 2008, if doctors followed the General Medical Council's (GMC's) guidance on providing information prior to obtaining a patient's consent to treatment, they would be going beyond what was technically required by the law. It was hoped that the common law would catch up with this guidance and encourage respect for patients' autonomy by facilitating informed decision-making. Regrettably, this has not occurred. For once, the law's inability to keep up with changing medical practice and standards is not the problem. The (...) authors argue that while the common law has moved forward and started to recognise the importance of patient autonomy and informed decision-making, the GMC has taken a step back in their 2008 guidance on consent. Indeed, doctors are now required to tell their patients less than they were in 1998 when the last guidance was produced. This is an unfortunate development and the authors urge the GMC to revisit their guidance. (shrink)

This paper gives a framework for understanding causal counterpossibles, counterfactuals imbued with causal content whose antecedents appeal to metaphysically impossible worlds. Such statements are generated by omissive causal claims that appeal to metaphysically impossible events, such as “If the mathematician had not failed to prove that 2+2=5, the math textbooks would not have remained intact.” After providing an account of impossible omissions, the paper argues for three claims: (i) impossible omissions play a causal role in the actual world, (ii) causal (...) counterpossibles have broad applications in philosophy, and (iii) the truth of causal counterpossibles provides evidence for the nonvacuity of counterpossibles more generally. (shrink)

In _Willful Subjects_ Sara Ahmed explores willfulness as a charge often made by some against others. One history of will is a history of attempts to eliminate willfulness from the will. Delving into philosophical and literary texts, Ahmed examines the relation between will and willfulness, ill will and good will, and the particular will and general will. Her reflections shed light on how will is embedded in a political and cultural landscape, how it is embodied, and how will and (...) willfulness are socially mediated. Attentive to the wayward, the wandering, and the deviant, Ahmed considers how willfulness is taken up by those who have received its charge. Grounded in feminist, queer, and antiracist politics, her sui generis analysis of the willful subject, the figure who wills wrongly or wills too much, suggests that willfulness might be required to recover from the attempt at its elimination. (shrink)

I present and develop the view that omissions are de re possibilities of actual events. Omissions do not literally fail to occur; rather, they possibly occur. An omission is a tripartite metaphysical entity composed of an actual event, a possible event, and a contextually specified counterpart relation between them. This view resolves ontological, causal, and semantic puzzles about omissions, and also accounts for important data about moral responsibility for outcomes resulting from omissions.