The interface between mental health services and the criminal justice system presents challenges both for professionals and patients. Both systems are stressed and inherently complex. Section 136 of the Mental Health Act is unusual being both an aspect of the Mental Health Act and a power of arrest. It has a long and controversial history related to concerns about who has been detained and how the section was applied. More recently, Section 136 has had a public profile stemming from the (...) use of police cells as places of safety for young, mentally disturbed individuals. This paper explores the current state of health of this piece of legislation. Specifically, we consider whether alternative approaches are more suitable for those individuals in crisis and/or distress who come into contact with the police. This requires careful thought as to the proper role of both health and criminal justice professionals who are daily grappling with an ethically contentious domain of multiagency work. (shrink)
The approach to managing the involuntary detention of people suffering from psychiatric conditions can be divided into those with clinicians at the forefront of decision-making and those who rely heavily on the judiciary. The system in England and Wales takes a clinical approach where doctors have widespread powers to detain and treat patients involuntarily. A protection in this system is the right of the individual to challenge a decision to deprive them of their liberty or treat them against their will. (...) This protection is provided by the First-tier Tribunal; however, the number of successful appeals is low. In this paper, the system of appeal in England and Wales is outlined. This is followed by a discussion of why so few patients successfully appeal their detention with the conclusion that the current system is flawed. A number of recommendations about how the system might be reformed are offered. (shrink)
In this "concise philosophy of the machine," Gerald Raunig provides a historical and critical backdrop to a concept proposed forty years ago by the French philosophers Félix Guattari and Gilles Deleuze: the machine, not as a technical device and apparatus, but as a social composition and concatenation. This conception of the machine as an arrangement of technical, bodily, intellectual, and social components subverts the opposition between man and machine, organism and mechanism, individual and community. Drawing from an unusual range of (...) films, literature, and performance--from the role of bicycles in Flann O'Brien's fiction to Vittorio de Sica's Neorealist film The Bicycle Thieves, and from Karl Marx's "Fragment on Machines" to the deus ex machina of Greek drama--Raunig arrives at an enhanced conception of the machine as a social movement, finding its most apt and concrete manifestation in the Euromayday movement, which since 2001 has become a transnational activist and discursive practice focused upon the precarious nature of labor and lives. (shrink)
Anthropology, and by extension archaeology, has had a long-standing interest in evolution in one or several of its various guises. Pick up any lengthy treatise on humankind written in the last quarter of the nineteenth century and the chances are good that the word evolution will appear somewhere in the text. If for some reason the word itself is absent, the odds are excellent that at least the concept of change over time will have a central role in the discussion. (...) After one of the preeminent (and often vilified) social scientists of the nineteenth century, Herbert Spencer, popularized the term in the 1850s, evolution became more or less a household word, usually being used synonymously with change, albeit change over extended periods of time. Later, through the writings of Edward Burnett Tylor, Lewis Henry Morgan, and others, the notion of evolution as it applies to stages of social and political development assumed a prominent position in anthropological disc- sions. To those with only a passing knowledge of American anthropology, it often appears that evolutionism in the early twentieth century went into a decline at the hands of Franz Boas and those of similar outlook, often termed particularists. However, it was not evolutionism that was under attack but rather comparativism— an approach that used the ethnographic present as a key to understanding how and why past peoples lived the way they did (Boas 1896). (shrink)
In this paper I want to propose that we see solipsism as arising from certain problems we have about identifying ourselves as subjects in an objective world. The discussion will centre on Wittgenstein’s treatment of solipsism in his Tractatus Logico- Philosophicus. In that work Wittgenstein can be seen to express an unusually profound understanding of the problems faced in trying to give an account of how we, who are subjects, identify ourselves as objects in the world. We have in his (...) compressed remarks, the kernels of a number of arguments which all come together to form what can be called the problem of self-identification. I want to argue that the solipsism of the Tractatus arises at least in part as a solution to, or – to put it less optimistically – as a symptom or articulation of this problem. In approaching Wittgenstein’s early discussion of solipsism in this way I will obviously be in disagreement with some other interpretations of the work. For example, there are those who think that there is no ‘solipsism of the Tractatus’.1 In fact, the Tractarian arguments presented below as motivating solipsism have been seen as fulfilling the quite opposite function of refuting it. I do not intend in this piece to engage with alternative interpretations. Let me say a little bit about why I have granted myself the licence not to do so. First, the focus of my concern with solipsism is on how it connects with what I have called the problem of self-identification. While it is a concern that emerged in an attempt to make sense of Wittgenstein’s remarks in. (shrink)
G. A. Cohen has argued that there is a surprising truth in conservatism—namely, that there is a reason for some valuable things to be preserved, even if they could be replaced with other, more valuable things. This conservative thesis is motivated, Cohen suggests, by our judgments about a range of hypothetical cases. After reconstructing Cohen's conservative thesis, I argue that the relevant judgments about these cases do not favor the conservative thesis over standard, nonconservative axiological views. But I then argue (...) that there is a Mirrored Histories case that is such that, if one shares Cohen's conservative attitude, judgments about this case favor Cohen's conservative thesis over a wide range of non-conservative axiological views. Reflection on this case also suggests a different explanation of apparently conservative judgments that merits consideration in its own right. (shrink)
John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational basis review (...) in terms of liberal neutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (shrink)
Telic egalitarianism is famously threatened by the levelling down objection. In its canonical form, the objection purports to show that it is not, in itself, an improvement if inequality is reduced. In a variant that is less often discussed, the objection is that telic egalitarians are committed to believing that sometimes one ought to reduce inequality, even when doing so makes no one better off. The standard egalitarian response to this ‘all things considered’ variant of the levelling down objection is (...) to embed egalitarianism in a pluralist consequentialist moral theory. In section 1, I briefly recapitulate this familiar strategy. In section 2, I argue that this standard pluralist consequentialist response is inadequate. The inadequacy of the standard response, I argue, stems from the fact that the following are jointly inconsistent: (1) a commitment to levelling down's impermissibility; (2) standard pluralist egalitarian consequentialism; (3) inequality being of non-trivial importance; and (4) the most plausible measures of inequality's badness. In section 3, I show that egalitarians can better respond to the all-things-considered levelling down objection by embedding egalitarianism in a nonconsequentialist moral theory. (shrink)
According to telic egalitarianism, it is, in one respect, noninstrumentally bad if some people are unfairly worse off than others. This paper is about two ambiguities in telic egalitarianism. The first ambiguity concerns the so-called temporal unit of egalitarian concern. This is the question of whether inequality during whole lives, inequality during certain segments of lives, or some combination of these, is what generates egalitarian concern. The second ambiguity concerns the so-called currency of welfarist egalitarian concern. In the present context, (...) this is the question of whether inequality in overall welfare, inequality in some of the constituents of welfare, or some combination of these, is what generates egalitarian concern. In this paper I argue that the debates about how these two ambiguities are to be resolved are not unrelated. The same reasons that, according to some telic egalitarians, support rejecting the whole-lives-only view about the temporal unit of egalitarian concern support rejecting the overall-welfare-only view about the currency of welfarist egalitarian concern. (shrink)
According to a standard picture in the educational policy and educational ethics literature, justice requires significant alterations to higher-education arrangements, in order to equalize opportunity and benefit badly-off social groups. I argue that, if political liberalism is correct, then a range of higher-education reforms favored by the standard picture lack support. After canvassing the standard picture (section 2), I explain why political liberalism entails that some institutions have a special status that prohibits certain kinds of interventions on them (section 3), (...) and I explain why this means that political liberalism cannot vindicate the standard picture (sections 4 and 5). (shrink)
Niche construction is the process whereby organisms, through their activities and choices, modify their own and each other’s niches. By transforming natural-selection pressures, niche construction generates feedback in evolution at various different levels. Niche-constructing species play important ecological roles by creating habitats and resources used by other species and thereby affecting the flow of energy and matter through ecosystems—a process often referred to as “ecosystem engineering.” An important emphasis of niche construction theory is that acquired characters play an evolutionary role (...) through transforming selective environments. This is particularly relevant to human evolution, where our species has engaged in extensive environmental modification through cultural practices. Humans can construct developmental environments that feed back to affect how individuals learn and develop and the diseases to which they are exposed. Here we provide an introduction to NCT and illustrate some of its more important implications for the human sciences. (shrink)
While new generations of implantable brain computer interface devices are being developed, evidence in the literature about their impact on the patient experience is lagging. In this article, we address this knowledge gap by analysing data from the first-in-human clinical trial to study patients with implanted BCI advisory devices. We explored perceptions of self-change across six patients who volunteered to be implanted with artificially intelligent BCI devices. We used qualitative methodological tools grounded in phenomenology to conduct in-depth, semi-structured interviews. Results (...) show that, on the one hand, BCIs can positively increase a sense of the self and control; on the other hand, they can induce radical distress, feelings of loss of control, and a rupture of patient identity. We conclude by offering suggestions for the proactive creation of preparedness protocols specific to intelligent—predictive and advisory—BCI technologies essential to prevent potential iatrogenic harms. (shrink)
Lucy O'Brien argues that a satisfactory account of first-person reference and self-knowledge needs to concentrate on our nature as agents. Clearly written, with rigorous discussion of rival views, this book will be of interest to anyone working in the philosophy of mind and action.
"Explores the history, architecture, and furnishings of the thirteen magnificent governors' mansions of the American South. Emphasizing the mansions themselves, Ann Liberman describes each building's architectural history, including renovations, in lightof the history of each state. Alise O'Brien's lavish color photographs illuminate the interiors and exteriors of the mansions"--Provided by publisher.
Most models of corporate social responsibility revolve around the controversy as to whether business is a single dimensional entity of profit maximization or a multi-dimensional entity serving greater societal interests. Furthermore, the models are mostly descriptive in nature and are based on the experiences of western countries. There has been little attempt to develop a model that accounts for corporate social responsibility in diverse environments with differing socio-cultural and market settings. In this paper an attempt has been made to fill (...) this gap by developing a two-dimensional model of corporate social responsibility and empirically testing its validity in the context of two dissimilar cultures – Australia and Bangladesh. The two dimensions are the span of corporate responsibility and the range of outcomes of social commitments of businesses. The test results confirm the validity of the two-dimensional model in the two environments. The Factor analysis revealed two leading dimensions. Cluster analysis pointed to two distinctive clusters of managers in both Australia and Bangladesh, one consisting of managers with a broad contemporary concept of social responsibility, and the other with a limited narrow view. The paper concludes that corporate social responsibility is two-dimensional and universal in nature and that differing cultural and market settings in which managers operate may have little impact on the ethical perceptions of corporate managers. (shrink)
In most countries, the alcohol industry enjoys considerable freedom to market its products. Where government regulation is proposed or enacted, the alcohol industry has often deployed legal arguments and used legal forums to challenge regulation. Governments considering marketing regulation must be cognizant of relevant legal constraints and be prepared to defend their policies against industry legal challenges.
Written in response to what he recognizes as the problematic philosophical underpinnings of “orthodox research ethics,” Alex John London’s For the Common Good reimagines what is called for in any effort to create a better system of oversight and regulation in biomedical research. London weaves a common thread — justice — through this historical and critical account of the practice of research ethics and its organization of stakeholders, institutions and regulations. By introducing the idea of “a common good” London reframes (...) the narrative and responsibilities of the research ethics field to demonstrate that scientific research and regard for the rights and welfare of individuals are not mutually exclusive. This impressive monograph encourages its readers to push past the limitations of traditional research ethics to consider the context in which the discipline is embedded. That is, rather than settling for analysis at the level of researchers and research participants alone, London encourages us to expand our inquiry to encompass a wider array of stakeholders who co-labor in the social undertaking of biomedical knowledge production. London accomplishes the difficult task of upstream analysis — turning his attention to the conditions and assumptions which create ethical dilemmas rather than applying a retrospective ethical salve to injuries near-guaranteed by a broken system. As opposed to the limited domain of orthodox research ethics London also considers the role and contributions of affected communities, pharmaceutical firms, philanthropic organizations, and journal editors among others. (shrink)
Prediction-based decisions, which are often made by utilizing the tools of machine learning, influence nearly all facets of modern life. Ethical concerns about this widespread practice have given rise to the field of fair machine learning and a number of fairness measures, mathematically precise definitions of fairness that purport to determine whether a given prediction-based decision system is fair. Following Reuben Binns (2017), we take ‘fairness’ in this context to be a placeholder for a variety of normative egalitarian considerations. We (...) explore a few fairness measures to suss out their egalitarian roots and evaluate them, both as formalizations of egalitarian ideas and as assertions of what fairness demands of predictive systems. We pay special attention to a recent and popular fairness measure, counterfactual fairness, which holds that a prediction about an individual is fair if it is the same in the actual world and any counterfactual world where the individual belongs to a different demographic group (cf. Kusner et al. (2018)). (shrink)
There are different meanings associated with consequentialism and teleology. This causes confusion, and sometimes results in discussions based on misunderstandings rather than on substantial disagreements. To clarify this, we created a survey on the definitions of ‘consequentialism’ and ‘teleology’, which we sent to specialists in consequentialism. We broke down the different meanings of consequentialism and teleology into four component parts: Outcome-Dependence, Value-Dependence, Maximization, and Agent-Neutrality. Combining these components in different ways we distinguished six definitions, all of which are represented in (...) the philosophical literature. We asked the respondents which definition is best for consequentialism and for teleology. The most popular definition of consequentialism was the one which accepted value-dependence, but not maximization and agent-neutrality. We therefore recommend the use of this meaning to avoid misunderstandings. The results for teleology were more problematic, with several respondents claiming they never use the term, or indicating that it is confusing. (shrink)
Heidegger?s accounts of Dasein?s dual nature as both individual and social in Being and Time have been a longstanding source of confusion and controversy in the literature. Many critics have been keen to identify contradictions between Heidegger?s positive account of the social nature of everyday Dasein and the putatively solipsistic account of authentic Dasein which comes later. This paper focuses on Heidegger?s brief attempts to sketch the outlines for the notion of something like authentic intersubjectivity. In doing so we will (...) see where the temptation arises to read Heidegger as having failed to remain consistent but also how Heidegger himself is responsible for some of the confusion here. (shrink)
Doctors have an ethical and legal duty to respect patient confidentiality. We consider the basis for this duty, looking particularly at the meaning and value of autonomy in health care. Enabling patients to decide how information about them is disclosed is an important element in autonomy and helps patients engage as active partners in their care.Good quality data is, however, essential for research, education, public health monitoring, and for many other activities essential to provision of health care. We discuss whether (...) it is necessary to choose between individual rights and the wider public interest and conclude that this should only rarely be necessary. The paper makes some recommendations on practical steps which could help ensure that good quality information is available for work which benefits society and the public health, while still enabling patients’ autonomy to be respected. (shrink)
Hume is usually taken to have an evidentialist account of testimonial belief: one is justified in believing what someone says if one has empincal evidence that they have been reliable in the past. This account is impartialist: such evidence is required no matter who the person is, or what refotions she may have to you. I, however, argue that Hume has another account of testimony, one grounded in sympathy. This account is partialist, in that empincal evidence is not required in (...) order for one to be justified in believing some of the assertions of one's friends. (shrink)
_"The Essential Plotinus_ is a lifesaver. For many years my students in Greek and Roman Religion have depended on it to understand the transition from antiquity to the Middle Ages. The translation is crisp and clear, and the excerpts are just right for an introduction to Plotionus's many-layered view of the world and humankind’s place in it." --F. E. Romer, University of Arizona.
This paper explores the character of emotion and its value in understanding ethical dilemmas in work organisations. Specifically, we examine the emotional labour of human resource professionals. Through in-depth interviews and diary study, we uncover the emotional and ethical struggles of HRPs as they search for the ‘right thing to do’ in situated interaction. Through the lens of emotion, we chart the process of how the very framing of what is deemed ‘right’ can move from the social to the moral (...) order and vice versa. Based on our findings, we contribute to understanding the linkages between emotional and ethical dilemmas, and how expectations of multiple ‘others’ at the individual, interpersonal and organisational level shape and constrain ethical choices. (shrink)
In recent work Irigaray has continued to meditate on the myopic (we might say ‘monadic’) focus of the Western tradition when it comes to its failure to acknowledge sexuate difference. Irigaray has successfully diagnosed the patriarchally over-determined nature of that tradition masquerading behind a façade of objectivity and neutrality in ways that continue to open up interpretive and critical possibilities in terms of reading the canon today. In some of her work, Irigaray levels a powerful challenge against Heidegger’s conception of (...) Dasein and his point of entry into ‘phenomenological ontology’. Thus, Heidegger, the thinker that Irigaray, arguably, engages with most positively in some of her recent work is charged not just with the ‘exsanguination’ of his conception of Dasein, as it were, but with having neutered Dasein in a way that is all too characteristic of the monadic tendencies of the Western tradition and its enduring suppression of sexuate difference. Part of what we will examine in some depth in this section of the book is a blindspot in Heidegger’s account of Dasein which, for all of his insights concerning the social constitution of Dasein, leaves him open to some of the criticisms which Irigaray has successfully levelled against an entire tradition. As part of our efforts to tease these issues out in some detail, we will consider Derrida’s first Geschlecht essay where he looks to exonerate Heidegger from the charge of phallogocentrism (a charge he had levelled against him in a 1982 interview), along with more recent efforts to artificially cross-pollinate between Heidegger, Derrida and Irigaray. We will further examine the problematic ways that Heidegger looks to ‘neutralise’ Dasein in 1928 as well as his attempts in a series of 1930s texts to introduce a distinction between Dasein and the being of the human being. These attempts dovetail with a series of bizarre and illegitimate moves to exclude “whole peoples and races” from the domain of meaningful historical existence in the 1930s in particular. (shrink)