The present volume draws together original and significant essays from a number of leading authorities which identify areas of the modern criminal law where there are significant conceptual difficulties. The project developed from a series of seminars in Cambridge University, in which leading Anglo-American philosophers, criminal lawyers and legal theorists explored subjects such as attempts, intention, justification, excuses, coercion, complicity, drug-dealing and criminal harm.
Students of the history of ethics sometimes find themselves tempted by moderate or extreme versions of an approach that might roughly be called ‘historicist’. This temptation may result from the difficulties of approaching historical texts from a ‘narrowly philosophical’ point of view. We may begin, for instance, by wanting to know what Aristotle has to say about ‘the problems of ethics’, so that we can compare his views with those of Aquinas, Hume, Kant, Sidgwick, and Rawls, and then decide what (...) is true or false in each theorist's position. But this narrowly philosophical attitude soon runs into difficulties, and writers on the history of ethics often warn us against it. (shrink)
Etymology might encourage us to begin a discussion of Aristotle on philanthropy with a discussion of philanthropia ; and it is instructive to see why this is not quite the right place to look. The Greek term initially refers to a generalized attitude of kindness and consideration for a human being. The gods accuse Prometheus of being a ‘human-lover’, intending the term in an unfavorable sense, when he confers on human beings the benefits that should have been confined to the (...) gods. Aristotle uses the abstract noun only once, to refer to sympathetic fellow-feeling ; and he mentions our feeling of kinship with other human beings to explain our approval of the philanthropos person. Philanthropia is the attitude of a kind and considerate person, even if she lacks material resources, and it can be displayed without the transfer of material resources. (shrink)
Transoral laser microsurgery applies to the piecemeal removal of malignant tumours of the upper aerodigestive tract using the CO2 laser under the operating microscope. This method of surgery is being increasingly popularised as a single modality treatment of choice in early laryngeal cancers (T1 and T2) and occasionally in the more advanced forms of the disease (T3 and T4), predomi- nantly within the supraglottis. Thomas Kuhn, the American physicist turned philosopher and historian of science, coined the phrase ‘paradigm shift’ in (...) his groundbreaking book The Structure of Scientific Revolutions. He argued that the arrival of the new and often incompatible idea forms the core of a new paradigm, the birth of an entirely new way of thinking. This article discusses whether Steiner and col- leagues truly brought about a paradigm shift in oncological surgery. By rejecting the principle of en block resection and by replacing it with the belief that not only is it oncologically safe to cut through the substance of the tumour but in doing so one can actually achieve better results, Steiner was able to truly revolutionise the man- agement of laryngeal cancer. Even though within this article the repercussions of his insight are limited to the upper aerodigestive tract oncological surgery, his willingness to question other peoples’ dogma makes his contribution truly a genuine paradigm shift. (shrink)
This book offers a new phenomenological interpretation of T.H. Green's (1836-1882) philosophy and political theory. By analyzing his theory of human practice, the moral idea, the common good, freedom and human rights, the book demonstrates that Green joins the same tradition as Kantian and Husserlian transcendentalism. The book offers a reconstruction of Green's idealism and demonstrates its potential to address contemporary debates on the nature of moral agency, positive and negative freedom and on justifying human rights.
T. H. Morgan (1866–1945), the founder of the Drosophila research group in genetics that established the chromosome theory of Mendelian inheritance, has been described as a radical empiricist in the historical literature. His empiricism, furthermore, is supposed to have prejudiced him against certain scientific conclusions. This paper aims to show two things: first, that the sense in which the term empiricism has been used by scholars is too weak to be illuminating. It is necessary to distinguish between empiricism as an (...) epistemological position and the so-called methodological empiricism. I will argue that the way the latter has been presented cannot distinguish an empiricist methodology from a non-empiricist one. Second, I will show that T. H. Morgan was not an epistemological empiricist as this term is usually defined in philosophy. The reason is that he believed in the existence of genes as material entities when they were unobservable entities when they were unobservable entities introduced to account for the phenotypic ratios found in breeding experiments. These two points, of course, are interrelated. If we were to water down the meaning of empiricis, perhaps we could call Morgan an empiricist. But then we would also fail to distinguish empiricism from realism. (shrink)
Objective To determine the attitudes of Egyptian patients regarding their participation in research and with the collection, storage and future use of blood samples for research purposes. Design Cross-sectional survey. Study population Adult Egyptian patients (n=600) at rural and urban hospitals and clinics. Results Less than half of the study population (44.3%) felt that informed consent forms should provide research participants the option to have their blood samples stored for future research. Of these participants, 39.9% thought that consent forms should (...) include the option that future research be restricted to the illness being studied. A slight majority (66.2%) would donate their samples for future genetic research. Respondents were more favourable towards having their blood samples exported to other Arab countries (62.0%) compared with countries in Europe (41.8%, p<0.001) and to the USA (37.2%, p<0.001). Conclusions This study shows that many individuals do not favour the donation of a blood sample for future research. Of those who do approve of such future research, many favour a consent model that includes an option restricting the future research to the illness being studied. Also, many Egyptians were hesitant to have their blood samples donated for genetic research or exported out of the Arab region to the USA and European countries. Further qualitative research should be performed to determine the underlying reasons for many of our results. (shrink)
(1998). T.H. Green as a phenomenologist: linking British idealism and continental phenomenology. Angelaki: Vol. 3, Impurity, authenticity and humanity, pp. 77-88.
Green agrees with Kant on the abstract character of moral law as categorical imperatives and that intentional dispositions are central to a moral justification of punishment. The central problem with Kant's account is that we are unable to know these dispositions beyond a reasonable estimate. Green offers a practical alternative, positing moral law as an ideal to be achieved, but not immediately enforceable through positive law. Moral and positive law are bridged by Green's theory of the common good through the (...) dialectic of morality. Thus, Green appears to offer an alternative that remains committed to Kantian morality whilst taking proper stock of our cognitive limitations. Unfortunately, Green fails to unravel fully Kant's dichotomy of moral and positive law that mirrors Green's solution, although Green offers a number of improvements, such as the importance of the community in establishing rights and linking the severity of punishment to the extent that a criminal act threatens the continued maintenance of a system of rights. (shrink)
Rather surprisingly, T.H.Green's ideas on women and the family are as neglected today as they were immediately after his death in 1882, when his thought was first interpreted for a wider public by his colleagues and friends.1 Silence on such matters in the 1880s is not remarkable. It is odd, however, that it persists today, despite recent intense concern with the history of women and the family, including their place in political thought, and despite reviving philosophical interest in the British (...) Idealists and readiness to credit them with a significant impact on politics, education and social work. It has often been remarked that Green's political ideas have much in common superficially with those of John Stuart Mill, since their values and precepts are very similar, although the substructure of their thought is utterly different. Nevertheless it has altogether escaped notice that this is equally true of their ideas on women, marriage and family relationships. Today Mill's fabled feminism easily appears limited and imperceptive, and the priority he gave to the parliamentary vote strangely simplistic. Did Green show any greater realism and understanding? Did he practise as well as preach real equality between men and women, in private as well as public life? In short, what precisely was Green's position on 'the woman question'�? (shrink)
T. H. Green's Prolegomena to Ethics is a classic of modern philosophy. It begins with Green's idealist attack on empiricist metaphysics and epistemology and develops a perfectionist ethical theory that aims to bring together the best elements in the ancient and modern traditions, and that provides the moral foundations for Green's own distinctive brand of liberalism. David Brink's new edition will restore this great work to prominence, after two decades in which it has been hard to obtain. The present edition (...) uses the text of the fifth edition, accompanied by a new introductory essay, bibliographical essay, and index. Translations are provided for Green's quotations from other languages. Of particular importance is the editor's extended introductory essay, which situates the Prolegomena in its intellectual context, sympathetically but critically engages its main themes, and explains Green's enduring significance for the history of philosophy and contemporary ethical theory. Students and scholars of the history of ethics, ethical theory, political philosophy, and nineteenth century philosophy will find this new edition an invaluable resource. (shrink)
Written over a decade ago, Eva T. H. Brann's enlightening analysis of American education places the recent debate on the means and ends of a liberal education in new perspective. She goes beyond discussion of courses and particular books to claim that philosophical inquiry is far more important to the improvement of education than curricular and administrative schemes. She provides both a broad philosophical and historical analysis of education in any republic and specific, practical suggestions for achieving the education that (...) will serve as the best preparation for life in our own republic. (shrink)
Was Green a utilitarian? At least two studies suggest that he was, at least in some sense. One claim is inspired by Macpherson's association of nineteenth-century liberalism with utilitarianism. Drawing on this argument, Greengarten and Hansen claim that Green's departure from utilitarianism is only partial. His commitment to capitalism indicates a subscription to utilitarianism since the latter is the justificatory force of capitalist institutions.
In this short, rhetorical article, I offer a thought experiment that seeks to make an analogy between ‘life’ and ‘disease’. This article was written whilst under the influence of Nietzsche, and I hope that readers will not mistake the polemical style and the occasional nod towards humour for flippancy. This is a serious subject, and this article attempts to ask, inexplicitly, a serious question. If we do suspend our subjective value judgements about life, and strip away what might be considered (...) the ‘dogma’ of value in life, what effect might this have on our feelings towards voluntary euthanasia, and what can our reaction to that thought experiment tell us? (shrink)
Should one read T.H. Irwin’s three volume history of Western ethics, or parts of it? Here one might turn to reviews. The journal The Philosophical Forum uses the sensible strategy of getting different specialists to review different parts of the book. There are two chapters on Rawls, each one reviewed by a Rawlsian. I wish to register discontent with Steven Ross’s review.
IT HAS OFTEN BEEN SUPPOSED that Aristotle's account of thought and action imposes severe limits on the functions and scope of practical reason; and insofar as Thomas Aquinas accepts Aristotle's account, he seems to be forced into the same restrictive view of practical reason. Practical reason expresses itself primarily in deliberation ; and the virtue that uses practical reason correctly is the deliberative virtue of prudence. Aristotle believes that deliberation is confined to means to ends, while will is focused on (...) ends. Some ends that are assumed on some occasions may on other occasions also count as means to more ultimate ends; but it seems that the most ultimate ends must be taken for granted in any deliberation. Since every deliberation must take for granted some end to which the deliberation finds means, the conclusions of rational deliberation must ultimately be about means to ultimate ends that are not themselves subject to practical reason. (shrink)
The U.S. Food and Drug Administration's rationale for supporting the development and approval of BiDil for heart failure specifically in black patients was based on under-powered, post hoc subgroup analyses of two relatively old trials , which were further complicated by substantial covariate imbalances between racial groups. Indeed, the only statistically significant difference observed between black and white patients was found without any adjustment for potential confounders in samples that were unlikely to have been adequately randomized. Meanwhile, because the accepted (...) baseline therapy for heart failure has substantially improved since these trials took place, their results cannot be combined with data from the more recent trial amongst black patients alone. There is therefore little scientific evidence to support the approval of BiDil only for use in black patients, and the FDA's rationale fails to consider the ethical consequences of recognizing racial categories as valid markers of innate biological difference, and permitting the development of group-specific therapies that are subject to commercial incentives rather than scientific evidence or therapeutic imperatives. This paper reviews the limitations in the scientific evidence used to support the approval of BiDil only for use in black patients; calls for further analysis of the V-HeFT I and II data which might clarify whether responses to H-I vary by race; and evaluates the consequences of commercial incentives to develop racialized medicines. We recommend that the FDA revise the procedures they use to examine applications for race-based therapies to ensure that these are based on robust scientific claims and do not undermine the aims of the 1992 Revitalization Act. (shrink)
T. H. Green was born April 7, 1836, and died in his forty-seventh year on March 26, 1882. He was appointed to lecture in ancient and modern history at Balliol College on April 11, 1860, and was awarded a fellowship at Balliol on November 30th of that year. For the last four years of his life, he was Whyte’s Professor of Moral Philosophy, Oxford University. Apart from one short interruption as an assistant commissioner of schools and several as a result (...) of illness, Green was philosophically active until his death. Yet, for a philosopher who during his lifetime attained his degree of eminence and influence in moral and political thought, Green published remarkably little. With the exception of an essay on Aristotle, a lengthy critical introduction to an edition of Hume, and several minor essays and reviews, all Green’s writings were issued posthumously. (shrink)
Peer review is an important component of scholarly research. Long a black box whose practical mechanisms were unknown to researchers and readers, peer review is increasingly facing demands for accountability and improvement. Numerous studies address empirical aspects of the peer review process. Much less consideration is typically given to normative dimensions of peer review. This paper considers what authors, editors, reviewers, and readers ought to expect from the peer review process. Integrity in the review process is vital if various parties (...) are to have trust, or faith, in the credibility of peer review mechanisms. Trust in the quality of peer review can increase or diminish in response to numerous factors. Five core elements of peer review are identified. Constitutive elements of scholarly peer review include: fairness in critical analysis of manuscripts; the selection of appropriate reviewers with relevant expertise; identifiable, publicly accountable reviewers; timely reviews, and helpful critical commentary. The F.A.I.T.H. model provides a basis for linking conceptual analysis of the core norms of peer review with empirical research into the adequacy and effectiveness of various processes of peer review. The model is intended to describe core elements of high-quality peer review and suggest what factors can foster or hinder trust in the integrity of peer review. (shrink)