In this paper, I evaluate some recent attacks on Williamson's claim that knowledge is the most general factive stative propositional attitude. Two types of approaches are discussed: The first approach attempts to show that there are factive mental states denoted by factive mental state operators that are not cases of knowing. The second approach aims to show that there are factive mental states that to Williamson count as cases of knowing, but nonetheless fail to entail a corresponding belief. If either (...) of these approaches were successful, it would potentially be damaging for Williamson's theory of knowledge. I argue that recent arguments that exemplify these approaches are unconvincing. (shrink)

In this article I discuss two counterexamples (the New Evil Demon Problem and Norman‘s Clairvoyance) to reliabilism and a potential solution: dispositional reliabilism. The latter is a recent addition to the many already-existing varieties of reliabilism and faces some serious problems of its own. I argue here that these problems are surmountable. The resulting central argument of the article aims to demonstrate how viewing reliabilism as an intrinsic dispositional property solves many of the issues facing reliabilism to date.

The new evil demon problem amounts to a difficult challenge for the externalist about epistemic justification. Many solutions to the problem have been proffered in the almost 40 years since its first appearance in the literature. Among the more promising responses is indexical reliabilism, a combination of two versions of actual world reliabilism where “actual” denotes either the world of utterance or a rigidly determined actual world. This paper does three things. First, it attempts to clarify indexical reliabilism and how (...) it purports to solve the new evil demon problem. Second, it attempts to mitigate some of the prominent criticism that has been leveled against the theory. Third, it poses an explanatory challenge for the theory which remains even after all of the premises supporting indexical reliabilism are accepted. The conclusion is that indexical reliabilism is not tenable until a linguistic mechanism for the use of “actually reliable” has been offered that explains how the theory avoids collapsing into a two-concepts response to the new evil demon problem. (shrink)

Clinical ethics consultants (CECs) must know key moral principles and have adequate psychosocial skills. This is, though, not enough. They must also have and hone “between-the-lines” skills that will change over time. This article discusses seven of these skills that CECs need before, during, and after consultations. They have in common the unusual primary goal of maximizing CECs’ ability to bond with the patients and families with whom they consult. A focus on relationships, rather than on ethical outcomes, may paradoxically (...) enhance the possibility of achieving an ethical outcome. (shrink)

Instead of the question, ‘do we have an obligation to obey the law?,’ we should first ask the more modest question, ‘do we have reasons to obey the law?’ This paper offers a new account of the notion of the content-independence of legal reasons in terms of the grounding relation. That account is then used to mount a defense of the claim that we do indeed have content-independent moral reasons to obey the law (because it is the law), and that (...) these reasons, very plausibly, often amount to an obligation to so act. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:DEAD MAN WALKING: ON THE CINEMATIC TREATMENT OF LICENSED PUBLIC KILLING Edmund Arens University ofLucerne I regret that so many people do not understand, but I know that they have not watched the state imitate the violence they so abhor. (Sister Helen Prejean) ~T\eadMan Walking, thehighlyacclaimed second film directed by Tim -Z-^Robbins, seems appropriate for discussion in the symposium's context oíFilm andModernity: Violence, Sacrifice andReligion. This film on (...) the one hand thematizes different forms ofviolence and victimization; on the other hand it presents divergent forms ofreligion. And it does so in a way which not only demonstrates the interplay of violence and religion but also opens up the chance of transcending various kinds of sacrificial structures inhabiting that interplay. We can approach DeadMan Walking in five steps. After some general remarks about this film as a work of art, I will briefly review the story line. In the part called Themes and Topics, I will outline some of the predominant topics addressed in this movie. The fourth step is devoted to the interrelation of Violence, Victimization and Redemption. Finally, the religious or theological question comes into view under the heading of Proximity and Testimony, an aspect which at the same time has a definite link to law and the legal system. I. DeadMan Walking as a Work of Art According to Susan Sontag, film "currently is the most vivid, the most stimulating, and the most important of all genres of art" (Sontag 13). But Edmund Arens15 whether a particular film really can be considered as a work of art depends on a number of presuppositions, a few of which I shall mention here. Without going too deeply into the debate on the nature and purpose of aesthetic production, there are at least some requirements which point to a work ofart. Roughly speaking, it is defined by putting matter and form into a certain relation, by creating or producing a certain structure, by adopting a certain style and by organizing the material by means ofgenres (all ofwhich relates to the classical notion of poesis). Secondly, a work of art deals with perception in a double way: while it implies a certain perception ofreality, it also invites the audience to participate in this perception and thus to deepen, alter, or correct the perception that they experienced (something which relates to aisthesis). Thirdly, art aims at having certain emotional effects on the public that are either purifying or edifying (something which since Aristotle has been discussed as katharsis). Ifthese three dimensions (cf. Jauss; Siller) are always involved in works ofart, we can ask how in DeadMan Walking the interplay ofpoesis, aisthesis, and katharsis is at work. Under certain conditions a film is a creative work ofart. In this case, the motion picture, whether documentary or fictitious, includes an aesthetic creation of an imagined reality. It does not simply mirror reality but always reconstructs or reshapes it. In fictional film narrative, everyday reality is disrupted and rearranged by means of a variety of formal and material techniques. The treatment of reality necessarily involves the question of representation. What Paul Ricoeur considered as decisive for narrative fiction, applies to narrative fiction films as well: they make use of "calculated dissonance" which disrupts everyday reality and thereby points to a "redescription ofreality" (Ricoeur 1975; 1976; 1986). We shall see later on how this process, attributed especially to certain metaphors, works in the case ofDeadMan Walking. Besides the topic ofrepresentation, any kind of art raises the question of perception. Art implies a certain perception and at the same time it offers or invites—in the case of visual art—the audience to perceive reality in a different or deeper manner. In amovie the audience, whether by a manipulative "aesthetics of overwhelming"1 or by an aesthetics of disclosing, is moved emotionally and imaginatively, the aim being to direct their attention to the secret ofthe things shown and thus to direct or redirect their view ofreality. From the point of view of a pragmatic theory of action (cf. Arens 1994; 1997b) which additionally takes up Ricoeur's most important insights, I would 'The term has been coined by Heiner Müller; quoted from Kirsner... (shrink)

Since some care providers give colleagues’ interests priority over patients’ and families’, they are at risk of imposing their bias on patients without knowing this. In this piece I discuss how the risk increases when care providers have greater discretion and how they can best avoid this risk. I discuss identifying these situations, assessing them, and then, based on what they have concluded, intervening and use their having inadequate resources, their seeing what patients want as futile, and their making decisions (...) regarding surrogate decision makers as paradigmatic examples. As “remedies,” I suggest that care providers share with patients their rationales, validate adaptive aspects of difficult behaviors, self-disclose, and sometimes even go beyond their usual clinical practices. (shrink)

Originally published between 1925 and 1997 the volumes in this set: Discuss the Impacts of Profitability, Business Cycles and the Capital Stock on Productivity; Evaluate various approaches to managing the uncertainty inherent in the future course of the interest rate cycle; Examine the combined effect of financial instability and industrial restructuring on postwar economic growth and recession in the US; Determine what statistical and other information is needed to formulate both the objects and the means of government economic policy; Ask (...) what theoretical tools should be used in order to clarify the issues of economic policy; Examine the sociological aspects of the business cycle. (shrink)

Ethical questions regarding access to and use of electronically generated data are (if asked) commonly resolved by distinguishing in Lockean fashion between raw (unworked) and refined (worked) data. The former is thought to belong to no one, the latter to the collector and those to whom the collector grants access. Comparative power separates free riders from rightful owners. The resulting two-tiered ethics of access is here challenged on the grounds that it inequitably establishes a rule of law for the strong (...) while leaving the weak in a Hobbesian state of nature. Efforts at legislative constraints are reviewed; but such constraints are found to afford inadequate protections of privacy if a data subject may not prohibit others under ordinary circumstances from using recognizably name-linked data. (shrink)

This article discusses a case in this issue of The Journal of Clinical Ethics by McCrary and colleagues, “Elective Delivery Before 39 Weeks’ Gestation Reconciling Maternal, Fetal, and Family Circumstances,” in which parents asked the medical team to deliver their fetus “early.” The author discusses (1) the importance that parents have to a child when they are able to love the child, and how important it is for decision makers to consider this; (2) exceptional approaches that may enable parents to (...) “change their minds”; and (3) substantive and procedural innovations that may help to prevent clinicians’ views from playing too big a role and/or being arbitrary. The author concludes by describing how he felt when reading the case and uses this to illustrate how clinicians may benefit by assessing their feelings. (shrink)

Stress can make the comprehension of complex information more difficult, yet patients and their family members often must receive, process, and make decisions based on new, complex information presented in unfamiliar and stressful clinical environments such as the intensive care unit. Families may be asked to make decisions regarding the donation of organs and genetic tissue soon after the death of a loved one, based on new, complex information, under tight time limits. How can we assist patients and families to (...) better process complex information while under stress, and make better decisions for themselves or a loved one? (shrink)

In baseball, plate umpires are asked to make difficult perceptual judgments on a consistent basis. This chapter addresses some neuro-psychological issues faced by umpires as they call balls and strikes, and whether it is ethical to ask fallible humans to referee sporting events when faced with technology that exposes “blown” calls.

This piece discusses ways in which clinicians may go beyond their usual practices. These include exploring the limits of old laws, consulting with colleagues and ethics committees earlier and more often, and giving patients’ family members new choices they didn’t have previously. This could include asking patients and family members whether clinicians should prioritize staying in the single, unconflicted role of serving patients and families, even when this might preclude simultaneously serving another interest, for example, that of a hospital.

Edmund Burke: Modernity, Politics, and Aesthetics examines the philosophy of Burke in view of its contribution to our understanding of modernity. Burke's relevance, until recently, has lain in how his critique of the French Revolution bolstered arguments against revolutionary communism. As that threat recedes, should we allow Burke's significance to recede as well? Stephen K. White argues that Burke remains important because he shows us how modernity engenders an implicit forgetfulness of human finitude. White illustrates this theme by showing (...) how Burke's political thought, his judgment of the 'modern system of morality and policy,' and its taste for a 'false sublime' are structured by his aesthetics. In the late 20th century, an undemocratic thinker such as Burke may not have answers to our problems, but we might do well to let him deepen the questions that we ask. (shrink)

ALTHOUGH THERE is no direct dependence of Bernard Lonergan upon Edmund HusserI in the manner, say, of Husserl himself upon Franz Brentano, there are nonetheless points of similarity and contrast between them. It would be possible to list these matching points singly on their own, such as Epoche and self-appropriation, Erlebnis and consciousness, monad and subject, Anschauung and affirmation. However, besides and beneath these individual points of similarity and contrast, lying as their basis, there is similarity and contrast at (...) the level of the fundamental conceptions of the two philosophers. Husserl and Lonergan share a common problematic: the structure of intentionality. If intentionality is the common problematic where Husserl and Lonergan meet, one might ask if and how various notions of theirs viewed in relation to intentionality are common or divergent. For the sake of comparison-confrontation, one might take the two central notions, Anschauung (intuition) in Husserl and affirmation in Lonergan, and inspect some of the implications they have for the two philosophers. Husserl calls intuition the "principle of all principles for his phenomenology." For his part, Lonergan conceives of affirmation as the culmination of the knowing process. Intuition and affirmation have analogous roles. For Husserl it is through intuition that cognition attains what is real, whereas for Lonergan it is through affirmation. The comparison-confrontation between Husserl and Lonergan can be summed up in terms of the three questions that Lonergan sets up to mark off the range of human knowing. First, what happens when one knows? Secondly, why is doing that knowing? Thirdly, what does one know when he does it? Husserl and Lonergan would seem closest in their approach to answering question one. However, they would part company in their answers to questions two and three, for here intuition and affirmation essentially determine what kind of an answer can be given. This paper will work within the brackets of these three questions. (shrink)

Edmund Pellegrino has pioneered work in medical ethics calling for a reconstruction of Hippocratic ethics. In particular, he has spoken of incorporating principles that concern justice and the common good. This article traces his commitment to the common good, concern for the poor, opposition to libertarianism, acknowledgement of the necessity of rationing, and reluctance to give clinicians social allocational tasks. It asks how Pellegrino relates distributive justice to the common good. Drawing on his theory relating autonomy to patient-centered beneficence (...) (in which autonomy is one element of the good rather than a side constraint on the good), the author argues that Pellegrino appears to make justice one element of the common good rather than a distributional moral constraint on promoting the good. He suggests that Pellegrino stands in three consequentialist or teleological moral traditions: professional physician ethics, Aristotelianism, and Catholic moral theology, but that there are the makings of a more independent, more egalitarian theory of justice in his writings. Keywords: autonomy, common good, consequentialism, Edmund Pellegrino, justice CiteULike Connotea Del.icio.us What's this? (shrink)

ABSTRACT In an unpublished anatomical treatise written around 1670, the English anatomist and fellow of the Royal Society of London Edmund King proposed that the human body was ultimately an assemblage of tubes and contained liquids. Without literally seeing every of its constituents to be tubular, how did King come to posit a tubular body? This article tackles the question by examining King’s inquiry about the pulse against his framing of the circulatory system into a universally tubular model. Asking (...) how King registered this model despite the limited visibility of vascularity in practice, I discuss the place of analogy in his anatomical observation. I argue that analogy constituted an essential strategy for extending what King had perceived to account for the hardly perceptible nuances of the human body. I concentrate on two of his analogies, in which the artery was compared to the cord and the ureter. These two analogies revealed remarkable epistemic potency in representing and reasoning the pulse as the inherent motion of the living artery. They suggest that in seventeenth-century observation accounts, analogy was not simply a rhetoric suspicious of violating the principle of scientific empiricism; rather, they opened up ways of seeing and imagining nature. (shrink)

En este texto planteamos la pregunta por la inscripción de la sorpresa en la fenomenología de las emociones de Husserl. Pero antes de dar por supuesto que Husserl abordó el problema de la sorpresa, nos preguntamos si verdaderamente lo hizo y sí, incluso, se puede hablar de una "fenomenología de las emociones" en su obra. El texto está, así, motivado por dos interrogantes: ¿Es la sorpresa una emoción? ¿Husserl desarrolló verdaderamente una "fenomenología de las emociones"? Esto nos conducirá a 1) (...) plantear una redefinición de sorpresa y 2) avanzar por el camino de una fenomenología un poco reformada por el hecho de la sorpresa. En tres apartados desarrollamos este planteamiento: I. La fenomenología husserliana de las emociones, II. ¿La sorpresa es una emoción? Y III. La sorpresa, un proceso. In this paper we argue about the inscription of surprise in the phenomenology of emotions of E. Husserl. But before assuming that E. Husserl addressed the issue of surprise, we ask if he really did it and even, if it is possible to talk about a "phenomenology of emotions" his work. The paper is thus motivated by two questions: Is surprise an emotion? Did Husserl really develop a "phenomenology of emotions"? This will take us to, 1) outline a redefinition of surprise, and 2) advance through the path of a phenomenology that has been a bit reformed by the fact of surprise. This issue will be developed in three stages: I. the husserlian phenomenology of emotions, II. Is surprise an emotion? III. The surprise, a process. (shrink)

Because we are often nagged by the thought that we might not have behaved any differently than those good citizens whose respect for the law and fear of punishment led them to support the Nazi regime, we are fascinated with the behavior of ordinary Germans. Careful to first strip away the pathological explanations of German behavior, Pellegrino and Thomasma ask simply whether ordinary Germans could have reasoned and, by implication, acted differently. Although their affirmative answer is consistent with the activism (...) we have all come to demand of the Germans, it is not clear whether we, ourselves, can lay full claim to the moral high ground. (shrink)

Edmund Husserl, the founder of phenomenological philosophy, developed the concept of the so-called pure transcendental consciousness. The author of the article asks whether the concept of consciousness understood this way can constitute a model for AI consciousness. It should be remembered that transcendental consciousness is the result of the use of the phenomenological method, the essence of which is referring to experience (“back to things themselves”). Therefore, one can legitimately ask whether the consciousness that AI can achieve can possess (...) the characteristics attributed by Husserl to pure transcendental consciousness. The answer to such questions seems to be negative because AI, as created by humans, can only operate in the field of phenomena. Human intelligence, however, is capable of operating at the ontological level. In the face of difficulties in understanding the phenomenon of consciousness on a scientific basis, the question arises about the possibility of using the phenomenological concept of consciousness developed by Husserl as a starting point in analyzes aimed at answering the question about AI consciousness (The aim of the article is not to discuss in detail the contemporary state of research on consciousness. Therefore, many results currently achieved mainly in the field of neuroscience are omitted. It is just about indicating the possible application of Husserl’s transcendental concept of consciousness in research on AI consciousness). (shrink)

This book takes Edmund Husserl's phenomenology and applies it to help psychotherapy practitioners formulate complex psychological problems. The reader will learn about Husserl's system of understanding and its concepts that point to first-person lived experience, and about the work of Husserl scholars who have developed a way to be precise about the experiences that clients have. Through exploring the connection between academic philosophy of consciousness and mental health, themes of biopsychosocial treatment planning, psychopathology of personality and psychological disorders, and (...) the treatment of complex psychological problems become clear. The author shows that Husserlian phenomenology can be used in the design of interventions for clients in a process called formulation. Once the intentionality of consciousness is understood, by asking simple questions, it becomes possible to define problematic experiences. This is a means of creating informed consent for treatment and it makes it clear to clients what is happening for them, so helping them understand themselves and how they see the world. We also see how Husserl's phenomenology is a vehicle for psychotherapists to present their knowledge about the research literature of what has been found to be effective care. This volume applies the concepts and practices of phenomenology in a concrete way, relating them to the practice of therapy and showing the value of a qualitative approach to understanding mental processes and the nature of human beings as motivated by values, meanings and other conscious experiences. This is a readable text in simple language that condenses key aspects of Husserl's thinking in relation to the theory and practice of psychotherapy, and it is suitable for philosophers and practitioners of psychology, psychiatry, and the psychotherapies, including psychoanalysis. (shrink)

The work begins by asking the questions of how contemporary phenomenology is concerned with music, and how phenomenological descriptions of music and musical experiences are helpful in grasping the concreteness of these experiences. I then proceed with minor findings from phenomenological authorities, who seem to somehow need music to explain their phenomenology. From Maurice Merleau-Ponty to Jean-Luc Nancy and back to Edmund Husserl and Martin Heidegger, there are musical findings to be asserted. I propose to look at phenomenological studies (...) of the musical aspects of existence as they appear in various philosophical works bringing together different accounts of music and aesthetics and pointing towards phenomenological study as a methodology for everyday aesthetics. While there are many different areas of music phenomenology such as studies of sound and listening, studies in perception of musical works, in experience of artistic creation, in singing and playing musical instruments, and phenomenology of transcendent or religious horizons of the experience of music, it is most promising—I suggest—to look at phenomenological studies of music from the perspective of everyday happenings and discoveries of musical aspects of life. Thus, I attempt to display the uses of phenomenology in finding musical aspects of everyday existence as well as in describing and illuminating the art of music. A look at Roman Ingarden’s and Mikel Dufrenne’s most intuitive and promising ideas will be broadened with a perspective from Don Ihde and Arnold Berleant. (shrink)

In 1987, Sir Edmund Leach, the most influential British social anthropologist of his generation, startled a conference in Norwich of the Association of Social Anthropologists by declaring that ethnographic monographs were essentially fictions, expressing the personality of the author. When asked what should be the goal of the anthropologist, he replied, ‘To write another War and Peace’. This and some similar papers were published by him and have come in for much criticism: for instance, from a leading anthropologist of (...) the next generation, Adam Kuper, who has regretted that Leach made such a concession to fashionable post-modernism, the ‘literary turn’ in anthropology, shortly before his death (Kuper, 1999: 15-35). (shrink)

This new and up-to-date edition of a book that has been central to political philosophy, history, and revolutionary thought for two hundred years offers readers a dire warning of the consequences that follow the mismanagement of change. Written for a generation presented with challenges of terrible proportions--the Industrial, American, and French Revolutions, to name the most obvious--Burke's Reflections of the Revolution in France displays an acute awareness of how high political stakes can be, as well as a keen ability to (...) set contemporary problems within a wider context of political theory. (shrink)

What kind of reality is legal reality, how is it created, and what are its a priori foundations? These are the central questions asked by the early phenomenologists who took interest in social ontology and law. While Reinach represents the well-known “realist” approach to phenomenology of law, Felix Kaufmann and Fritz Schreier belonged to the “positivist” “Vienna School of Jurisprudence,” combining Hans Kelsen’s Pure Theory of Law with Edmund Husserl’s phenomenology—and thereby challenging Reinach’s views on how legal reality and (...) the legal a priori were to be conceived. This paper addresses the controversy between these positivist and realist approaches to phenomenology of law, with the goal of introducing the lesser known theories of Kaufmann and Schreier. The special focus on their critique of Reinach’s outline should give us an overview of their positions vis-à-vis the basic and a priori elements of which legal reality consists and the role that phenomenology plays in analyzing them. There is one general tendency to be noted: While the phenomenological legal positivists see the root of legal reality in an act of interpretation according to a “normative scheme of interpretation,” Reinach locates the roots of legal reality in social interaction and argues for the existence of entities independent of any interpretation. (shrink)

This paper critically assesses Edmund Husserl's concept of the ‘life-world’, found in his Crisis of European Sciences and Transcendental Phenomenology. We argue that Husserl's phenomenology fails to consider the social and material arrangements that allow subjectivity to emerge in our shared world. We begin by outlining the concept as formulated in Husserl’s Crisis. We then entertain Husserl’s critique by his most famous student, Martin Heidegger. We suggest a reformulation of intersubjectivity, along the lines of Heidegger’s mitdasein, accounts for subjectivity (...) as it emerges in the shared world. Next, we introduce ethnomethodology, pioneered by Harold Garfinkel, which gives sociological support to this argument. Through the ethnomethodological disability studies of A.B. Robillard, we argue that the life-world is not always as democratic as Husserl's philosophy may suggest. This shows the necessity of disability politics. We end by asking what a phenomenology sensitive to this fact might look like, in terms of both disability studies and phenomenological philosophy more generally. (shrink)

In this companion volume to their 1981 work, A Philosophical Basis of Medical Practice, Pellegrino and Thomasma examine the principle of beneficence and its role in the practice of medicine. Their analysis, which is grounded in a thorough-going philosophy of medicine, addresses a wide array of practical and ethical concerns that are a part of health care decision-making today. Among these issues are the withdrawing and withholding of nutrition and hydration, competency assessment, the requirements for valid surrogate decision-making, quality-of-life determinations, (...) the allocation of scarce health care resources, medical gatekeeping, and for-profit medicine. The authors argue for the restoration of beneficence to its place as the fundamental principle of medical ethics. They maintain that to be guided by beneficence a physician must perform a right and good healing action which is consonant with the individual patient 's values. In order to act in the patient 's best interests, or the patient 's good, the physician and patient must discern what that good is. This knowledge is gained only through a process of dialogue between patient and/or family and physician which respects and honors the patient 's autonomous self-understanding and choice in the matter of treatment options. This emphasis on a dialogical discernment of the patient 's good rejects the assumption long held in medicine that what is considered to be the medical good is necessarily the good for this patient. In viewing autonomy as a necessary condition of beneficence, the authors move beyond a trend in the medical ethics literature which identifies beneficence with paternalism. In their analysis of beneficence, the authors reject the current emphasis on rights- and duty-based ethical systems in favor of a virtue-based theory which is grounded in the physician- patient relationship. This book's provocative contributions to medical ethics will be of great interest not only to physicians and other health professionals, but also to ethicists, students, patients, families, and all others concerned with the relationship of professional to patient and patient to professional in health care today. (shrink)

The moral authority for professional ethics in medicine customarily rests in some source external to medicine, i.e., a pre-existing philosophical system of ethics or some form of social construction, like consensus or dialogue. Rather, internal morality is grounded in the phenomena of medicine, i.e., in the nature of the clinical encounter between physician and patient. From this, a philosophy of medicine is derived which gives moral force to the duties, virtues and obligations of physicians qua physicians. Similarly, an ethic specific (...) to the other healing professions, law, teaching or ministry, can be derived from the specific ends to telos of each of these professions, which like medicine, are focused on a special type of human relationship. (shrink)

Virtue is the most perdurable concept in the history of ethics, which is understandable given the ineradicability of the moral agent in the events of the moral life. Historically, virtue enjoyed normative force as long as the philosophical anthropology and the metaphysics of the good that grounded virtue were viable. That grounding has eroded in both general and medical ethics. If virtue is to be restored to a normative status, its philosophical underpinnings must be reconstructed. Such reconstruction seems unlikely in (...) general ethics, where the possibility of agreement on the good for humans is remote. However, it is a realistic possibility in the professional ethics of the health professions where agreement on the telos of the healing relationship is more likely to arise. Nevertheless, virtue-based ethics must be related conceptually and normatively to other ethical theories in a comprehensive moral philosophy of the health professions. (shrink)

At the center of medical morality is the healing relationship. It is defined by three phenomena: the fact of illness, the act of profession, and the act of medicine. The first puts the patient in a vulnerable and dependent position; it results in an unequal relationship. The second implies a promise to help. The third involves those actions that will lead to a medically competent healing decision. But it must also be good for the patient in the fullest possible sense. (...) The physician cannot fully heal without giving the patient an understanding of alternatives such that he or she can freely arrive—together with the physician—at a decision in keeping with his or her personal morality and values. In today's pluralistic society, universal agreement on moral issues between physicians and patients is no longer possible. Nevertheless, a reconstruction of professional ethics based on a new appreciation of what makes for a true healing relationship between patient and physician is both possible and necessary. (shrink)

Bringing together Edmund Husserl, Martin Heidegger and Jan Patocka, this book provides a comprehensive examination of the central role that questioning plays in phenomenology. Joel Hubick not only offers a phenomenological analysis of the activity of asking questions, but further traces the development of this form of questioning in the early stages of the phenomenology movement. Starting with Husserl's motto 'to the matters themselves', Hubick examines how the phenomenological method utilizes questioning as a means to both return to and (...) to preserve the phenomena in order to re-experience them anew. He then demonstrates how Heidegger takes up Husserl's phenomenology as presented in the Logical Investigations and, in doing so, develops phenomenology into a philosophy of possibility, one that seeks in equal measure to preserve questions while also answering them. Continuing this questioning philosophy, this volume showcases how Patocka explicitly advances what had remained implicit in both Husserl and Heidegger's works; namely, phenomenology understood as a set of questions - from 'what is history?' to 'who am I?' - all of which elicit original experiences for future generations of thinkers. With a close focus on the primary material of these three fundamental figures, The Phenomenology of Questioning affords a crucial insight into the history of phenomenological reasoning, as well as a reminder to today's phenomenologists to continue asking questions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:President’s Council on BioethicsEdmund D. Pellegrino (bio) and F. Daniel Davis (bio)Approximately two weeks before what was to have been its final meeting, the White House dissolved the President’s Council on Bioethics by terminating the appointments of its 18 members. The letters of dismissal, dated 10 June 2009, informed the members that their service on the Council would end with the close of business the next day.The Council’s term (...) was set to expire on 30 September 2009. After President Obama’s election in November and during the transition, we were advised to proceed on the assumption that the Council would be permitted to cease on that date. Reasons for the abrupt move to disband the Council are unknown. We have accepted the fact that we Council members served at the pleasure of the President and that he simply exercised his rightful prerogative. No explanation is therefore required.Some observers have speculated that the action was retaliatory. They related to the fact that several members of the Council disagreed with the President’s stem cell policy in a signed statement published in the Hastings Center’s Bioethics Forum. Others have speculated that the move was pre-emptive. At its final meeting, scheduled for 25–26 June, the Council was set to sign-off on two of its final publications. One was a comprehensive report on the ethics of organ transplantation, and the other a white paper entitled Health Care and the Common Good. The aim was immediately to release the latter as a contribution to the intensifying debate about health care reform. Health Care and the Common Good could well have aided rather than impeded the President’s drive to better control health care costs and achieve universal coverage. The Council report attempted to ground both goals in the ethical framework of, as the title indicates, the common good of all Americans.In his letter terminating the members’ appointments, Assistant to the President for Presidential Personnel Don Gips said that the President “recognizes the values of having a commission of experts in bioethical issues to provide objective and non-ideological bioethics advice to his administration.” Gips went on to say that the President is “currently rethinking the purposes and goals of such a bioethics commission, and is carefully considering a revitalized mission and mandate.” And, [End Page 309] responding to media enquiries, White House press officer Reid Cherlin explained that the President’s Council was terminated because it was a “philosophically leaning advisory group” and, according to a New York Times account by Nicholas Wade, “because it favored discussion over developing a shared consensus.” As for the ultimate outcome of the President’s “rethinking,” Cherlin indicated that President Obama will appoint a new commission with the mandate of offering “practical policy options” in bioethics.In the light of our experiences with the Council, we leave it with hopes that certain questions of national importance will be addressed. In light of the nature of federal advisory commissions, what is or are the proper roles of a national bioethics commission? If the aim is to provide advice and counsel to the President or, perhaps to the U. S. Congress, is that advice best rendered as a group consensus or as an in-depth exploration of the inevitably conflicting ethical perspectives on a given issue? How should such a commission be constituted—with what sorts of individuals? And what is the nature of the expertise that they individually and collectively bring to the commission’s functions? If the commission is to promote public debate and discussion, how exactly should it go about that task? And how is the efficacy of a commission to be assessed? Such questions inevitably lead us deep into contested territory, as the experience of this Council has shown: into the intersections of politics, religion, and science and into the relations between practice and theory—between policy and what some seem to deride as “philosophy.” Indeed, policy without an underlying philosophy is an edifice without a foundation; philosophy without policy is a foundation without an edifice.At the last meeting of the Council in March 2009, we launched a discussion of these questions with the... (shrink)

Commodification of health care is a central tenet of managed care as it functions in the United States. As a result, price, cost, quality, availability, and distribution of health care are increasingly left to the workings of the competitive marketplace. This essay examines the conceptual, ethical, and practical implications of commodification, particularly as it affects the healing relationship between health professionals and their patients. It concludes that health care is not a commodity, that treating it as such is deleterious to (...) the ethics of patient care, and that health is a human good that a good society has an obligation to protect from the market ethos. (shrink)

Business ethicists should examine not only business practices but whether a particular type of business is even prima facie ethical. To illustrate how this might be done I here examine the contemporary U.S. defense industry. In the past the U.S. military has engaged in missions that arguably satisfied the just war self-defense rationale, thereby implying that its suppliers of equipment and services were ethical as well. Some recent U.S. military missions, however, arguably fail the self-defense rationale. At issue, then, is (...) whether a business supporting these latter missions may not be circumstantially unethical. No it is not, say defense industry advocates, for two principal reasons. For one, this business benefits society at large in numerous ways. And, for another, the organizer of these military missions is a superpower which by its very nature is not subject to the ethical constraints of the self-defense rationale. I dispute both reasons, argue against the second, and conclude that the U.S. military-industrial complex (MIC) is circumstantially unethical. (shrink)

We introduce the horizontal and vertical topologies on the product of topological spaces, and study their relationship with the standard product topology. We show that the modal logic of products of topological spaces with horizontal and vertical topologies is the fusion S4 ⊕ S4. We axiomatize the modal logic of products of spaces with horizontal, vertical, and standard product topologies.We prove that both of these logics are complete for the product of rational numbers ℚ × ℚ with the appropriate topologies.

This response to Kevin WildesÕs article in the previous issue of the Kennedy Institute of Ethics Journal addresses several major points of disagreement between Pellegrino and Wildes regarding the nature and scope of a philosophy of medicine, in particular how it is derived and by what method of philosophical enquiry it is best pursued.

Business ethics should include illicit businesses as targets of investigation. For, though such businesses violate human rights they have been largely ignored by business ethicists. It is time to surmount this indifference in view of recent international efforts to define illicit businesses for regulatory purposes. Standing in the way, however, is a meta-ethical question as to whether any business can be declared unqualifiedly immoral. In support of an affirmative answer I address a number of counter-indications by comparing approaches to organized (...) crime and to corporate crime, comparing the ethical critique of businesses studied in business ethics and those socially banned, and comparing the business ethics assumption as to businesses’ ethicality to societal ethical neutrality regarding war-related businesses. My conclusion: to help advance respect for human rights, business ethicists should apply their expertise to the task of defining illicit businesses. (shrink)

What sort of connection is there between business ethics and philosophy? The answer given here: a weak one, but it may be getting stronger. Comparatively few business ethics articles are structurally dependent on mainstream academic philosophy or on such sub-specialities thereof as normative ethics, moral theory, and social and political philosophy. Examining articles recently published in the Journal of Business Ethics that declare some dependence, the author finds that such declarations often constitute only a pro forma gesture which could be (...) omitted without detriment to the paper's content and conclusions. He also finds, however, that some authors do draw on solid philosophical work in ways that are establishing ever more meaningful interconnections between business ethics and academic philosophy. These cross-disciplinary studies, he concludes, are ground-breaking and invite creative imitation. (shrink)

Revision of the author's thesis--Oxford University, 1977. Bibliography: p.[142]-144.