In this article we consider some of the implications of the UK Human Rights Act 1998 for nurses in practice. The Act has implications for all aspects of social life in Britain, particularly for health care. We provide an introduction to the discourse of rights in health care and discuss some aspects of four articles from the Act. The reciprocal relationship between rights and obligations prompted us to consider also the relationship between guidelines in the United Kingdom Central Council’s Code (...) of professional conduct and the requirements of the Human Rights Act 1998. We conclude with the recommendation that the new legislation should be welcomed for its potential to support good practice and to urge critical and reflective practice rather than as yet another burdensome bureaucratic imposition. (shrink)

In this article we consider some of the implications of the UK Human Rights Act 1998 for nurses in practice. The Act has implications for all aspects of social life in Britain, particularly for health care. We provide an introduction to the discourse of rights in health care and discuss some aspects of four articles from the Act. The reciprocal relationship between rights and obligations prompted us to consider also the relationship between guidelines in the United Kingdom Central Council’s Code (...) of professional conduct and the requirements of the Human Rights Act 1998. We conclude with the recommendation that the new legislation should be welcomed for its potential to support good practice and to urge critical and reflective practice rather than as yet another burdensome bureaucratic imposition. (shrink)

In confronting the insalubrious ramifications of globalization, human rights scholars and activists have argued for greater national and international responsibility pursuant to the human right to health. Codified seminally in Article 12 of the International Covenant on Economic, Social and Cultural Rights, the right to health proclaims that states bear an obligation to realize the “highest attainable standard” of health for all. However, in pressing for the highest attainable standard for each individual, the right to health has been ineffective in (...) compelling states to address burgeoning inequalities in underlying determinants of health, focusing on individual medical treatments at the expense of public health systems. This article contends that the paradigm of individual health, focused on a right to individual medical care, is incapable of responding to health inequities in a globalized world and thereby hampers efforts to operationalize health rights through public health systems. While the right to health has evolved in international discourse over time, this evolution of the individual right to health cannot address the harmful societal ramifications of economic globalization. Rather than relying solely upon an individual right to medical care, envisioning a collective right to public health – a right applied at the societal level to address underlying determinants of health – would alleviate many of the injurious health inequities of globalization. (shrink)

In confronting the insalubrious ramifications of globalization, human rights scholars and activists have argued for greater national and international responsibility pursuant to the human right to health. Codified seminally in Article 12 of the International Covenant on Economic, Social and Cultural Rights, the right to health proclaims that states bear an obligation to realize the “highest attainable standard” of health for all. However, in pressing for the highest attainable standard for each individual, the right to health has been ineffective in (...) compelling states to address burgeoning inequalities in underlying determinants of health, focusing on individual medical treatments at the expense of public health systems. This article contends that the paradigm of individual health, focused on a right to individual medical care, is incapable of responding to health inequities in a globalized world and thereby hampers efforts to operationalize health rights through public health systems. While the right to health has evolved in international discourse over time, this evolution of the individual right to health cannot address the harmful societal ramifications of economic globalization. Rather than relying solely upon an individual right to medical care, envisioning a collective right to public health – a right applied at the societal level to address underlying determinants of health – would alleviate many of the injurious health inequities of globalization. (shrink)

Philosophers and geographers have converged on the topic of public space, fascinated and in many ways alarmed by fundamental changes in the way post-industrial societies produce space for public use, and in the way citizens of these same societies perceive and constitute themselves as a public. This volume advances this inquiry, making extensive use of political and social theory, while drawing intimate connections between political principles, social processes, and the commonplaces of our everyday environments.

Analyzing Oppression asks: why is oppression often sustained over many generations? The book explains how oppression coercively co-opts the oppressed to join their own oppression and argues that all persons have a moral responsibility to resist it. It finally explores the possibility of freedom in a world actively opposing oppression.

Two significant, apparently unrelated, trends have emerged in American society and medicine. First, American medicine is reexamining its approach to dying. The Institute of Medicine, the American Medical Association and private funding organizations have recognized that too many dying people suffer from pain and other distress that clinicians can prevent or relieve. Second, this past decade has marked a sharp increase in the number of physicians prosecuted for criminal negligence based on arguably negligent patient care. The case often cited as (...) a watershed is People u. Einaugfer, which involved a New York nursing home patient whose physician was convicted in 1993 of two criminal misdemeanors after he ordered an elderly dialysis patient to be tube fed through a peritoneal dialysis Catheter.How is the growing awareness of dying patients’ pain and the increasing willingness of prosecutors to charge physicians with crimes connected? Pain at the end of life is frequently treated with narcotics, prescription drugs that are closely regulated by state and federal law. That complex web of laws—and a growing fear of legal sanctions—has deterred physicians from prescribing controlled substances. As those legal sanctions move from disciplinary actions to criminal charges, physicians’ fears may expand. (shrink)

Michel Foucault’s _History of Sexuality_ has been one of the most influential books of the last two decades. It has had an enormous impact on cultural studies and work across many disciplines on gender, sexuality, and the body. Bringing a new set of questions to this key work, Ann Laura Stoler examines volume one of _History of Sexuality_ in an unexplored light. She asks why there has been such a muted engagement with this work among students of colonialism for whom (...) issues of sexuality and power are so essential. Why is the colonial context absent from Foucault’s history of a European sexual discourse that for him defined the bourgeois self? In _Race and the Education of Desire, _Stoler challenges Foucault’s tunnel vision of the West and his marginalization of empire. She also argues that this first volume of _History of Sexuality_ contains a suggestive if not studied treatment of race. Drawing on Foucault’s little-known 1976 College de France lectures, Stoler addresses his treatment of the relationship between biopower, bourgeois sexuality, and what he identified as “racisms of the state.” In this critical and historically grounded analysis based on cultural theory and her own extensive research in Dutch and French colonial archives, Stoler suggests how Foucault’s insights have in the past constrained—and in the future may help shape—the ways we trace the genealogies of race. _Race and the Education of Desire_ will revise current notions of the connections between European and colonial historiography and between the European bourgeois order and the colonial treatment of sexuality. Arguing that a history of European nineteenth-century sexuality must also be a history of race, it will change the way we think about Foucault. (shrink)

The Routledge Companion to Feminist Philosophy is an outstanding guide and reference source to the key topics, subjects, thinkers, and debates in feminist philosophy. Fifty-six entries, written by an international team of contributors specifically for the _Companion_, are organized into five sections: Engaging the Past Mind, Body, and World Knowledge, Language, and Science Intersections Ethics, Politics, and Aesthetics. The volume provides a mutually enriching representation of the several philosophical traditions that contribute to feminist philosophy, including the analytic and continental traditions. (...) It also foregrounds issues of global concern and scope; shows how feminist theory meshes with rich theoretical approaches that start from transgender identities, race and ethnicity, sexuality, disabilities, and other axes of identity and oppression; and highlights the interdisciplinarity of feminist philosophy and the ways that it both critiques and contributes to the whole range of subfields within philosophy. (shrink)

This is a ground-breaking study of the way educated people were trained to think in Renaissance Europe. As Ann Moss demonstrates, the commonplace-book of quotations which every schoolboy of the period was taught to use opens a window on to the manner in which attitudes were structured, a moral consensus was established, and styles of writing evolved. Printed Commonplace-Books and the Structuring of Renaissance Thought is much more than an account of humanist classroom practice: it is a major work of (...) cultural history. (shrink)

Examines how violence has been conceptually and rhetorically put to use in continental social theory.

The birth of a new science is long, drawn out, and often fairly messy. Comparative psychology has its roots in Darwin’s Descent of Man, was fertilized in academic psychology departments, and has branched across the universities into departments of biology, anthropology, primatology, zoology, and philosophy. Both the insights and the failings of comparative psychology are making their way into contemporary discussions of artificial intelligence and machine learning (Chollett 2019; Lapuschkin et al. 2019; Watson 2019). It is the right time to (...) turn a philosophical lens onto the methodologies of comparative psychology. That is the aim of this Element. -/- Comparative psychology is the umbrella covering the different ways scientists study animal mind and behavior. Comparative psychologists study animal behavior and mentality, including the mechanisms and inner states that allow crows to form hooks, vervet monkeys to give warnings, crabs to make trade-off decisions, and humans to use language. While focus is on the similarities and differences between different species, capacities are often studied in terms of their evolutionary history, development, and current ecological or cultural context. What this entails is that comparative psychologists have a range of different kinds of training, different areas of expertise, and different research questions. One comparative cognition researcher compares children and dogs on causal reasoning abilities (Daphna Buchsbaum), another looks at memory in corvids (Nicola Clayton). An animal behaviorist examines raccoon territories in a city (Suzanne MacDonald). One anthropologist looks at war in wild chimpanzees (John Mitani), another looks at how innovations are adopted in capu- chin monkeys (Susan Perry). One ethologist looks at play in wolves (Marc Bekoff), and another looks at deception in birds (Carolyn Ristau). One biologist looks at male alliances in dolphins (Richard Connor), and another examines economic game performance in apes and monkeys (Sarah Brosnan). An animal welfare scientist studies the effect of enrichment on mink (Georgia Mason). A learning theorist looks at gambling in pigeons (Thomas Zentall). A zoologist studies social learning in bees (Lars Chittka). It is not easy to guess in which department you’ll find a comparative psychologist. -/- This Element aims to examine the methods of comparative psychology, which remains especially concerned about how to study animal minds and behavior without falling prey to fuzzy thinking. Animals can be cute, so humans are often intrinsically drawn to them; and this love of animals is sometimes taken to be at odds with being a careful scientist. The methods of comparative psychology reflect this worry with their special emphases on avoiding bias and on avoiding developing warm relationships with animal subjects. The first two sections analyze three textbooks to examine what young scientists are taught. Section 1 investigates three methodological principles students are taught to follow: Anti-anthropomorphism, Morgan’s Canon, and Anti-anthropocentrism. I argue that the first two principles should be discarded, and that developing relationships with animals should no longer be discouraged, as relationships promote understanding. Building on this critique, in Section 2 I challenge the common prohibition against including animal consciousness in comparative psychology by arguing that it does not harm the science, but promotes it. Setting aside the special prohibitions for comparative psychology, in Section 3 I examine how the quest for objectivity in comparative psychology introduces its own bias and argue that the different disciplines of comparative psychology will introduce different biases; the best scientists can do is identify the sources of bias. The quest to eliminate all bias is a misguided one. Section 4 applies these issues to recent debates in ape cognition research between scientists who work in the field and those who work in the lab, and suggests best practices for integrating knowledge from both sources. -/- I have had the opportunity to work with a number of comparative psychologists in a variety of contexts, including a stint at Lou Herman’s dolphin communication lab in the 1990s, collaborative studies with Peter Verbeek on the child’s theory of mind at the University of Minnesota’s Institute for Child Development, conducting research on orangutan pantomime communication with Anne Russon at her field sites in Borneo, research on rat social learning with Noam Miller at Wilfrid Laurier University, and co-teaching a field course in dolphin communication with Kathleen Dudzinski. As a philosopher of science who has been in the field and in the lab, I have a perspective from which to compare the comparative psychologists. This Element is my attempt to synthesize almost thirty years of experience and thinking about how to study animal minds. (shrink)

Relatively few articles discuss the ethical issues that accompany healthcare in rural areas. This article presents and discusses the key findings obtained from multi-method research studies conducted over a 9-year period of time in a multi-state rural area. It challenges the efficacy of current models for bioethics, shows what kinds of ethical issues develop in rural communities, and offers a framework for envisioning resources and approaches that may be more appropriate.

Theories of perception have traditionally dismissed the sense of smell as a notoriously variable and highly subjective sense, mainly because it does not easily fit into accounts of perception based on visual experience. So far, philosophical questions about the objects of olfactory perception have started by considering the nature of olfactory experience. However, there is no philosophically neutral or agreed conception of olfactory experience: it all depends on what one thinks odors are. We examine the existing philosophical methodology for addressing (...) our sense of smell: on the one hand appeals to phenomenology that focus on the experiential dimensions of odor perception and on the other approaches that look at odor sources and their material dimensions. We show that neither strategy provides enough information to account for the human sense of smell and argue that the inclusion of the missing dimension of biology, with its concern for the function (or functions) of olfaction, provides the means to develop a satisfactory and empirically informed philosophy of smell. (shrink)

PurposeThe purpose of this paper is to present a preliminary analysis of age and gender across a number of questions asked in a survey of ethical attitudes of professionals in the information and communication technology industry in Australia. While a large number of demographic questions regarding ethics and regulation, only those concerning age and gender are examined here.Design/methodology/approachAn online survey was conducted of the ICT workplace in Australia. The results were analyzed using SPSS.FindingsThere are some significant differences across the generations (...) as well between the genders. Gen Y is different when compared to the others on how important ethical regulations ought to be. Gen Y thinks that ethical regulations ought to be less important. When gender was examined it was clear that males thought that ethical regulations ought to be significantly less important when compared with what females thought.Research limitations/implicationsWhile a larger sample size was desired, the consistency of the replies, when compared against a number of comparative populations, indicated that the replies we received were representative of the ICT workforce.Originality/valueThis paper raises many issues that demand greater care and attention be given when constructing new models of governing ethics within the Australian ICT workplace. (shrink)

Background:The foundation of all nursing practice is respect for human rights, ethical value and human dignity. In perioperative practice, challenging situations appear quickly and operating theatre nurses must be able to make different ethical judgements. Sometimes they must choose against their own professional principles, and this creates ethical conflicts in themselves.Objectives:This study describes operating theatre nurses’ experiences of ethical value conflicts in perioperative practice.Research design:Qualitative design, narratives from 15 operating theatre nurses and hermeneutic text interpretation.Ethical consideration:The study followed ethical principles (...) in accordance with the Helsinki Declaration and approval was granted by the local university ethics committee.Findings:The result showed that value conflicts arose in perioperative practice when operating theatre nurses were prevented from being present in the perioperative nursing process, because of current habits in perioperative practice. The patient’s care became uncaring when health professionals did not see and listen to each other and when collaboration in the surgical team was not available for the patient’s best. This occurred when operating theatre nurses’ competence was not taken seriously and was ignored in patient care.Conclusion:Value conflicts arose when operating theatre nurses experienced that continuity of patient care was lacking. They experienced compassion with the patient but still had the will and ability to be there and take responsibility for the patient. This led to feelings of despair, powerlessness and of having a bad conscience which could lead to dissatisfaction, and even resignations. (shrink)

Through a phenomenological study of horse-human relations, this article explores the ways in which, as embodied beings, we live relationally, rather than as separate human identities. Conceptually this challenges oppositional logic and humanist assumptions, but where poststructuralist treatments of these issues tend to remain abstract, this article is concerned with an embodied demonstration of the ways in which we experience a relational or in-between logic in our everyday lives.

In this article I will revisit the question of what I term the continuum of heteronormative sexual interactions, that is, the idea that purportedly ethically acceptable heterosexual interactions are conceptually, ethically, and politically associated with instances of sexual violence. Spurred by recent work by psychologist Nicola , I conclude that some of my earlier critiques of Catharine MacKinnon's theoretical linkages between sexual violence and normative heterosex are wanting. In addition, neither MacKinnon's theory nor my critique of it seem up to (...) the task of providing an ethical account of the examples of “unjust sex” that Gavey has described. I come to the conclusion that an ethical analysis of sexual interactions requires a focus on sexual desire, but that desire cannot take on the by now heavily criticized role of consent. Rather than looking for the presence or absence of sexual desire prior to sexual encounters as a kind of ethical certification of them, we ought instead to focus on the efficacy of that sexual desire, that is, its ability (or lack thereof) to shape an encounter in substantial and meaningful ways. (shrink)

Considerations upon the nature of properties and laws have led some philosophers to claim that the correct epistemic attitude with regards to the intrinsic properties of particulars is scepticism. I examine one particularly clear version of this line of argument, and contend that a serious form of scepticism is not established. However, I argue that the theories of properties and laws underlying the argument have unwanted metaphysical implications. These provide a stronger reason to jettison the analyses. I end by sketching (...) an alternative view that avoids these difficulties. -/- . (shrink)

Michel de Montaigne, the inventor of the essay, has always been acknowledged as a great literary figure but has never been thought of as a philosophical original. This book treats Montaigne as a serious thinker in his own right, taking as its point of departure Montaigne's description of himself as 'an unpremeditated and accidental philosopher'. Whereas previous commentators have treated Montaigne's Essays as embodying a scepticism harking back to classical sources, Ann Hartle offers an account that reveals Montaigne's thought to (...) be dialectical, transforming sceptical doubt into wonder at the most familiar aspects of life. This major reassessment of a much admired but also much underestimated thinker will interest a wide range of historians of philosophy as well as scholars in comparative literature, French studies and the history of ideas. (shrink)

"Ann Plato was the first black to publish a collection of essays, in 1841."--Newsweek.

Since 1992, institutions accredited by The Joint Commission have been required to have a process in place that allows staff members, patients, and families to address ethical issues or issues prone to conflict. While the commission's expectations clearly have made ethics committees more common, simply having a committee in no way demonstrates its effectiveness in terms of the availability of the service to key constituents, the quality of the processes used, or the outcomes achieved. Beyond meeting baseline accreditation standards, effective (...) ethics resources are requisite for quality care for another reason. The provision of care to the sick is a practice with profound moral dimensions. Clinicians need what Margaret Urban Walker has called “moral spaces,” reflective spaces within institutions in which to explore and communicate values and ethical obligations as they undergird goals of care. Walker proposed that ethicists needed to be concerned with the design and maintenance of these moral spaces. Clearly, that concern needs to extend beyond ethicists to institutional leaders. This essay uses Walker's idea of moral space to describe individuals and groups who are actual and potential ethics resources in health care institutions. We focus on four requisite characteristics of effective resources and the challenges to achieving them, and we identify strategies to build them. In our view, such moral spaces are particularly important for nurses and their colleagues on interprofessional teams and need to be expanded and strengthened in most settings. (shrink)

The new editorial team, Ann Levey, Karl Schafer and Amy Schmitter, are very pleased to present this special double-issue of Hume Studies. It contains a wide variety of articles on subjects old and new, as well as an assortment of book reviews, commissioned by the new book review editor, David Landy of San Francisco State University. We are grateful to the many people who have helped us get this volume and our tenure as editors underway, including the preceding editors-in-chief, Angela (...) Coventry and Peter Kail, and preceding book review editor, Annemarie Butler, as well as the previous editors-in-chief Corliss Swain and Saul Traiger, who offered invaluable advice about procedures, practices, and technological issues.... (shrink)

In 2012, chief nursing officers (CNO) in England published a policy on compassion in response to serious criticisms of patients’ care. Because their objective is fundamentally to shape nursing, this study argues, following Popper, that the policy should be analysed. An appraisal tool, developed from Popper, Gadamer, Jauss and Thiselton, is the framework for this analysis. The CNO policy document identified six values and behaviours, termed ‘6Cs’, required by all nurses, midwives and care staff. The document contains no data, references (...) or acknowledgements, but is similar to the 6Cs defined by the Canadian nursing nun, Sister M. Simone Roach, in her theory of caring published 30 years earlier. Roach considered caring and the components of it, including compassion, to be moral virtues, an inner motivation to care. This study suggests that without explicit reference to Roach's ideas, and her underlying theoretical base, the CNO requirement has the effect of turning virtues into commodities and a form of external control, described by Ritzer as a McDonaldized dehumanization. This study, which has international relevance beyond England and the UK, suggests that the CNO revise their policy by acknowledging Roach's 6Cs and openly discuss the implications of her work for their policy. (shrink)

In this paper, I explore an alternative to the Principle of Alternate Possibilities for Moral Responsibility—the Ceteris Paribus Principle of Alternative Possibilities for Moral Responsibility. I consider motivations for this principle and answer some objections to it.