In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 15.2 (2005) 211-218 [Access article in PDF] Bioethics, Biolaw, and Western Legal Heritage Susan Cartier Poland Bioethics and biolaw are two philosophical approaches that address social tension and conflict caused by emerging bioscientific and biomedical research and application. Both reflect their respective, yet different, heritages in Western law. Bioethics can be defined as "the research and practice, generally interdisciplinary in nature, which aims (...) to clarify or resolve ethical questions raised by the advances and application of biomedical and biological sciences" (II, Miller 2000, p. 246). Biolaw, on the other hand, is a legal philosophical concept that can be defined as "the taking of agreed upon principles and practices of bioethics into law with the sanctions that law engenders" (p. 246). Some see biolaw as hierarchical, either evolving from or devolving into bioethics (p. 245), while others think of bioethics and biolaw as a continuum or gradation (p. 246). Whichever view one takes, bioethics and biolaw are, at the least, intertwined (II, Loureiro 2000, p. 71).Although bioethics came out of the U.S. in the 1970s, the field is now considered Anglo-American (II, Kemp 2000a, p. 67). Biolaw emerged in the 1990s from the French biodroit and has become associated with continental Europe (p. 68). These distinctions, however, are based on geopolitical entities. Another way to distinguish bioethics from biolaw is to look at their legal heritage and understand the differences between the common law and the civil law.Bioethics and biolaw share a Western legal heritage, specifically roots in Roman law. When the Roman empire in the West fell to Germanic tribes in 476 A.D., the Romans had developed a sophisticated system of law that included flexible standards and abstract, rather than concrete, modes of thought. In 528, Justinian, emperor of the surviving Roman empire in the East at Constantinople, ordered a compilation and consolidation of Roman law. Despite the rise of seventh century Islam, the split of the Christian church into eastern and western branches in 1054, and the Norman conquest of England in 1066, Roman law survived through the courts of canon law and was revived later in the twelfth century at the University of Bologna in Italy. By 1500, what would later become France and Germany had [End Page 211] "received" or recognized Roman law, albeit in varying degrees. Not a single event, the Reception, or "direct acceptance of Roman law as a principal source of law," is the definitive turning point in Western legal history that eventually produced the common law and civil law strands (I, Von Mehren 1957, p. 10).England, however, did not participate in the Reception, although its influence was felt at Oxford University, where Vacarious taught its precepts in 1151, and in the courts of canon law (I, Von Mehren 1957, p. 10). William the Conqueror already essentially had established the common law tradition when he merged Anglo-Saxon law with Norman law and created a centralized system of justice administration for the single fiefdom known as England.Aside from historical development, the common law and the civil law differ from other legal families in terms of their modes of thought, institutions, sources, and ideology (I, Zweigert and Kotz 1977, p. 62). In the common law, Roman legal concepts were shaped by Christian ethics through the canon law courts. In the civil law, Roman law became the basis for a legal science centered in the universities and interpreted by various schools, such as the commentators, the glossators, and the humanists. The civil law uses a central text as the starting point for legal reasoning and analysis. The common law develops over time through case law, that is, by judges applying principles from preceding cases to resolve the issue at hand. One writer describes the common law as "anything that is not prohibited is permitted" and the civil law as "anything that is not permitted is prohibited" (I, Karambelas 2005, p. 28).The common law and the civil law are only two of the three traditions in Western law. The third is socialist law. All three are... (shrink)

This article explores the significance of feminism in transnational activism around LGBTQ protest events, namely equality marches and associated festivals in Kraków, Poznań and Warsaw in Poland. The arguments advanced in this article are based on a multi-method qualitative research project focusing on transnational cooperation in the planning and realization of LGBTQ protest events in Poland, conducted in the years 2008–2009. The authors highlight the decisively coalitional nature of the activist networks around LGBTQ politics in some of the (...) locations studied. They argue that feminists are core actors in these ‘networked solidarities’ around the oppression and marginalization of lesbian, gay, bisexual, queer and transgender people both in local and transnational contexts. Solidarity is a concept used by many research participants to account for their political actions and to rationalize intra- and intergroup dynamics shaped by complex webs of differences. The authors draw on postcolonial feminist discussions on the limits and potentialities of politics of solidarity as a ‘politics of location’ to account for tensions which some activists reported regarding their experience of ‘coalition work’. Some of these tensions related to gender politics and gender relations, always articulated in the conjunction of wider webs of power relations. (shrink)

This article provides an analysis of the transnational spatial politics of activism around lesbian, gay, bisexual, transgender and queer politics in Poland. The authors discuss three key themes that emerged from their empirical research on activism associated with the equality marches in Krakow, Poznan and Warsaw. These are concerned with age and the intergenerational politics of solidarity; the connection between migration and activism, and the use of city-twinning links. The authors argue that research on the spatial politics of activism (...) and social movements can enhance existing understandings of the sustainability of activist struggles for lesbian, gay, bisexual, transgender and queer politics in Poland. (shrink)

Trois années s’étaient écoulées entre la parution à New-York en 1985 de The Destruction of the European Jews, l’ouvrage monumental de Raul Hilberg sur la Shoah, et son édition en traduction française, aux éditions Fayard. C’est aussi rapidement que fut édité en langue française Ordinary Men. Reserve Police Battalion 101 and the Final Solution in Poland, ouvrage paru en 1992 d’un de ses élèves, Christopher R. Browning, qui en aborde un aspect jusqu’à présent peu étudié. C’est en utilisant les...

On 5 May 1957, Leopold Löwenheim passed away in a Berlin hospital following a short but severe illness, unnoticed by the community of mathematical logicians who believed that he had perished in a Nazi concentration camp in or shortly after 1940 (the year of publication in the Journal of Symbolic Logic of his last paper before the end of World War II). The 50th anniversary of his death seems an appropriate date for the posthumous publication of a paper that was (...) supposed to appear in Fundamenta Mathematicae in 1939, the galley proofs of which Löwenheim had already seen and corrected when German troops invaded Poland on 1 September 1939. Löwenheim managed to save the proofs through the War, despite the loss of most of his possessions during the bombing of Berlin in 1943 and 1944. By another lucky chance, a copy of the proofs survived in the present author's possession, when the originals were lost during a flat clearing in Berlin as part of the estate of Johannes Teichert (1904?1994), Löwenheim's step-son, when his widow moved into a nursing-home in May 1999. Later, I will expand these short remarks slightly but seize the present opportunity to resume (and in some places add to) the extant data on Löwenheim's life and writings. (shrink)

Trois années s’étaient écoulées entre la parution à New-York en 1985 de The Destruction of the European Jews, l’ouvrage monumental de Raul Hilberg sur la Shoah, et son édition en traduction française, aux éditions Fayard. C’est aussi rapidement que fut édité en langue française Ordinary Men. Reserve Police Battalion 101 and the Final Solution in Poland, ouvrage paru en 1992 d’un de ses élèves, Christopher R. Browning, qui en aborde un aspect jusqu’à présent peu étudié. C’est en utilisant les...

Trois années s’étaient écoulées entre la parution à New-York en 1985 de The Destruction of the European Jews, l’ouvrage monumental de Raul Hilberg sur la Shoah, et son édition en traduction française, aux éditions Fayard. C’est aussi rapidement que fut édité en langue française Ordinary Men. Reserve Police Battalion 101 and the Final Solution in Poland, ouvrage paru en 1992 d’un de ses élèves, Christopher R. Browning, qui en aborde un aspect jusqu’à présent peu étudié. C’est en utilisant les...

In recent research, the concept of “media diets” has received increased attention. However, the concept remains vague and not fully developed, and rarely, if at all, do researchers ask citizens about their perceptions of their own and others’ media diets. With the ongoing transformation of the media landscape, there has never been a more pertinent time to explore these perceptions, which this research intends to do. The main goal of this paper then is to identify recommendations addressing recently voiced concerns (...) about news consumption patterns in contemporary society to relevant stakeholders. Empirically, the study is based on a series of focus group interviews with younger (18–25 years old) and older (over 55) adults in five European countries (Germany, Poland, Romania, Spain, and the UK). Our results show important cohort differences as well as cross-country similarities, which are pertinent insights for the formulation of stakeholder recommendations. (shrink)

On November 28-29, 1997, the first international scientific conference in the cycle of 4 international scientific conferences "Christianity: History and Present" was held in Kyiv, which was planned for 1997-2000. The conference was co-organized by the National Academy of Sciences of Ukraine, the State Committee of Ukraine for Religious Affairs, the Ukrainian Association of Religious Studies, the Lviv Museum of the History of Religion. The coordinator of the conference was the Department of Religious Studies at the Institute of Philosophy (...) named after G. Skovoroda of the National Academy of Sciences of Ukraine. Participation in the conference was attended by Ukrainian scholars - philosophers, historians, religious scholars from many Ukrainian cities who work in various fields - academic education, education, culture, government institutions, as well as foreign scholars from Canada, Poland, and the USA. (shrink)

The remarkable movement known as Solidarity recently celebrated its twenty-fifth anniversary in Poland. This essay provides a theoretical appreciation of the values and principles that guided and undergirded the movement, which greatly contributed to the fall of communism in Central and Eastern Europe. This systematic overview of the ethic of the Solidarity movement fills a lacuna in the field of ethics because ethicists who are interested in the concept of solidarity have largely overlooked the Polish experience of the 1980s. (...) This essay attempts to describe the key ingredients of the Polish ethic of solidarity by analyzing both Polish treatises on the subject and accounts of events on the ground. It elaborates conceptual categories and describes characteristic features of the movement in order to provide a phenomenological account of the nature of solidarity embodied in Poland during this era. These categories and characteristics include unity among differences, the foundation of hope at the movement's roots, self-sacrifice and heroism, promoting the equality and dignity of all, the centrality of participation, the affirmation of "bread and freedom," an option for the poor, and the insistence on life in truth. Although this essay does not attempt to demonstrate the relevance of this "thick" ethic of solidarity to capitalist, democratic societies today, by way of conclusion it raises questions pertaining to the contemporary significance of the Polish ethic of solidarity. (shrink)

The aim of this paper is to examine the usefulness of the Machamer, Darden, and Craver (2000) mechanism approach to gaining an understanding of explanation in cognitive neuroscience. We argue that although the mechanism approach can capture many aspects of explanation in cognitive neuroscience, it cannot capture everything. In particular, it cannot completely capture all aspects of the content and significance of mental representations or the evaluative features constitutive of psychopathology.

Physicalism is a program for building a unified system of knowledge about the world on the basis of the view that everything is a manifestation of the physical aspects of existence. Jeffrey Poland presents a systematic and comprehensive exploration of the philosophical foundations of this program. He investigates the core ideas, motivating values, and presuppositions of physicalism; the constraints upon an adequate formulation of physicalist doctrine; the epistemological and modal status, the scope, and the methodological roles of physicalist principles. (...) He reviews and evaluates major objections to the program, and considers its significance for philosophy, science, society, and individual persons. He also examines the relations between physicalism and other philosophical positions, such as realism, empiricism, and relativism, and suggests that physicalism is compatible with a tolerant pluralism in the philosophical, cultural, and personal domains. (shrink)

In Explaining Attitudes, Lynne Rudder Baker considers two views of what it is to have a propositional attitude, the Standard View and Pragmatic Realism, and attempts to argue for Pragmatic Realism. The Standard View is, roughly, the view that “the attitudes, if there are any, are particular brain states”. In contrast, Pragmatic Realism that a person has a propositional attitude if and only if there are certain counterfactuals true of that person.Baker’s case against the Standard View is a complex one. (...) One aspect of that case is that there are no good general arguments for the Standard View. We argue that one of the three she considers, an argument from causal explanation, can be defended. The problematic premise, according to Baker, is the claim that unless beliefs are [identical to, constituted by, or realized by] brain states, they cannot causally explain behavior. Baker tackles this premise in two ways: in Chapter 4, she attempts to undermine the brain-explain thesis by taking issue with the conception of causal explanation that she believes supports it; in Chapter 5, she argues against the brain-explain thesis directly, by attempting to show that it is false, whether or not the Standard View is true. Neither of these attempts are successful, on our view.The alternative version of the causal argument we develop uses the doctrine of physicalism as a supplementary premise rather than appeal to a reductive conception of causal explanation. After presenting this alternative version, we consider how Baker might respond to it by drawing on her discussion of materialism. We conclude that Baker’s argument against materialism does not generalize to physicalism as we construe it. (shrink)

What kind of animals are human beings? And how do our visions of the human shape our theories of social action and institutions? In Moral, Believing Animals>, Christian Smith advances a creative theory of human persons and culture that offers innovative, challenging answers to these and other fundamental questions in sociological, cultural, and religious theory. Smith suggests that human beings have a peculiar set of capacities and proclivities that distinguishes them significantly from other animals on this planet. Despite the vast (...) differences in humanity between cultures and across history, no matter how differently people narrate their lives and histories, there remains an underlying structure of human personhood that helps to order human culture, history, and narration. Drawing on important recent insights in moral philosophy, epistemology, and narrative studies, Smith argues that humans are animals who have an inescapable moral and spiritual dimension. They cannot avoid a fundamental moral orientation in life and this, says Smith, has profound consequences for how sociology must study human beings. (shrink)

Addictive behavior threatens not just the addict's happiness and health but also the welfare and well-being of others. It represents a loss of self-control and a variety of other cognitive impairments and behavioral deficits. An addict may say, "I couldn't help myself." But questions arise: are we responsible for our addictions? And what responsibilities do others have to help us? This volume offers a range of perspectives on addiction and responsibility and how the two are bound together. Distinguished contributors -- (...) from theorists to clinicians, from neuroscientists and psychologists to philosophers and legal scholars -- discuss these questions in essays using a variety of conceptual and investigative tools. Some contributors offer models of addiction-related phenomena, including theories of incentive sensitization, ego-depletion, and pathological affect; others address such traditional philosophical questions as free will and agency, mind-body, and other minds. Two essays, written by scholars who were themselves addicts, attempt to integrate first-person phenomenological accounts with the third-person perspective of the sciences. Contributors distinguish among moral responsibility, legal responsibility, and the ethical responsibility of clinicians and researchers. Taken together, the essays offer a forceful argument that we cannot fully understand addiction if we do not also understand responsibility. (shrink)

Contrary to a widespread belief, this book establishes that ontological and epistemological reductionism stand or fall together.

In lieu of an abstract, here is a brief excerpt of the content:Landmark Legal Cases in BioethicsSusan Cartier Poland (bio)Only a few decades old, the interdisciplinary field of bioethics has developed surrounded by centuries of legal tradition and moral philosophy. Bioethics and the law have weaved back and forth over time influencing each field. Sometimes ethics leads the debate on problematical issues; for example, the Recombinant DNA Advisory Committee at the National Institutes of Health established regulations prior to initiating (...) human gene therapy. At other times, law takes over; Roe v. Wade, for example, has polarized and closed public discussion on abortion. Most frequently, however, scientific developments initiate discussion in both fields, as when the announcement of the birth of Dolly—the first cloned mammal—sparked President Clinton to ask the National Bioethics Advisory Commission for a report on cloning.A back-and-forth pattern also exists within the law itself, this time between legislator and judge. Legislators enact statutes, which apply universally to regulate conduct in society. Judges, on the other hand, interpret statutes and apply them to particular cases to resolve disputes between parties. Case law, as judge-made law is called, that grows in the absence of legislation becomes the common law. Legislatures can change the course of common law development by enacting more law, usually as amendments, but sometimes as repeals. A judge who sees the facts of a case or the law differently may also change the common law. And so the counterpoint between legislator and judge goes.A legal case becomes a landmark in bioethics because of its historical or precedential value to the field. Historical cases reflect judicial reasoning or rationalization that lays the conceptual foundation for a bioethical principle. Perhaps the best known example of this is the focus on the right to self-determination in Schloendorff that led to the development of informed consent. The principle of autonomy in bioethics derives its legal impetus from this line of cases.A case that acquires landmark status because of its precedential value does so for one of two reasons based on legal precedents. First, the case may be one of “first impression.” In the legal sense, that means that the particular case with its [End Page 191] facts or issues is the first one that a particular court has confronted within that court’s jurisdiction or area of decision-making authority. To be a landmark in bioethics, however, the ordinary sense of “first impression” applies. The first time that a particular bioethical topic has appeared in court for legal resolution makes a case one of “first impression” for bioethics. The case of Baby M on surrogacy contracts illustrates this.The second way in which a case can achieve landmark status based on precedents involves legal precedent and the jurisdictional basis of the court system. Under the common law system, a preceding case that involves the same or similar facts or issues as a current case must be followed by lower—i.e., less authoritative—courts in the same jurisdiction. That judicial rule of decision making is called stare decisis. It creates an institution of continuity, yet allows for change due to differences in judicial interpretation of facts and issues, which is called distinguishing the case.All courts under United States jurisdiction must follow the U.S. Supreme Court. By its sheer power of authority, the Court issues opinions that, if they concern bioethical topics, make cases landmarks in bioethics. For example, Roe v. Wade made abortion legal and set off the debate between maternal and fetal rights. Casey later refined, or to some redefined with a discussion of stare decisis, the bioethical underpinnings of Roe by framing the debate as one between maternal rights and state interests.In law, precedents concern only appellate cases. Trial courts, like that in McFall v. Shimp, handle questions of both fact and law. Appellate courts, like that in Brotherton, hear appeals from the lower trial courts and address legal issues only. Trial judges apply the law to facts, and appellate judges reason about the trial judge’s legal interpretation.Appellate court decisions are the ones most frequently published, either in print or electronically online, for citation. Consequently they are the easiest to locate and retrieve. “Reporters” as... (shrink)

This book examines the epistemic function of perception and the relation between language and conceptual thought, and provides new ways of conceptualizing the Buddhist defense of the reflexivity thesis of consciousness: namely, that each cognitive event is to be understood as involving a pre-reflective implicit awareness of its own occurrence.

The first impacts of climate change have become evident and are expected to increase dramatically over the next decades. Thus, it becomes more and more pressing to decide who has to compensate those people who suffer from negative impacts of climate change but have neither contributed to the problem nor possess the resources to cope with the consequences. Since the frequently invoked Polluter Pays Principle cannot account for all climate-related harm, I will take a closer look at the much more (...) controversial Beneficiary Pays Principle. It is argued that, appropriately qualified, the Beneficiary Pays Principle can help to identify additional duty-bearers. Based on these results, I briefly comment on three different policy options to generate funds for compensation. (shrink)

Suppose you perform two actions. The first imposes a risk of harm that, on its own, would be excessive; but the second reduces the risk of harm by a corresponding amount. By pairing the two actions together to form a set of actions that is risk-neutral, can you thereby make your overall course of conduct permissible? This question is theoretically interesting, because the answer is apparently: sometimes Yes, sometimes No. It is also practically important, because it bears on the moral (...) status of practices such as offsetting personal greenhouse gas (GHG) emissions. In this article we propose a criterion for distinguishing between cases where pairing risk-increasing and risk-reducing actions makes each action permissible, and those where it does not: the Principle of Aggregate Risk-Imposition. We work towards this by considering a range of examples that illustrate various illegitimate ways of pairing risk-increasing actions with risk-reducing ones, and asking what goes wrong in each case. We then use this criterion to evaluate GHG offsetting. Is offsetting a legitimate way of removing the risk-imposition associated with GHG emissions, or not? Controversially, we argue that this turns out to depend on the form that the offsetting takes. (shrink)

This book explores Nietzsche's philosophical naturalism in its historical context, showing that his position is best understood against the background of encounters between neo-Kantianism and the life sciences in the nineteenth century. Analyzing most of Nietzsche's writings from the late 1860s onwards, Christian J. Emden reconstructs Nietzsche's naturalism and argues for a new understanding of his account of nature and normativity. Emden proposes historical reasons why Nietzsche came to adopt the position he did; his genealogy of values and his account (...) of a will to power are as much influenced by Kantian thought as they are by nineteenth-century debates on teleology, biological functions, and theories of evolution. This rich and wide-ranging study will be of interest to scholars and students of Nietzsche, the history of modern philosophy, intellectual history, and history of science. (shrink)

Decision-making under normative uncertainty requires an agent to aggregate the assessments of options given by rival normative theories into a single assessment that tells her what to do in light of her uncertainty. But what if the assessments of rival theories differ not just in their content but in their structure -- e.g., some are merely ordinal while others are cardinal? This paper describes and evaluates three general approaches to this "problem of structural diversity": structural enrichment, structural depletion, and multi-stage (...) aggregation. All three approaches have notable drawbacks, but I tentatively defend multi-stage aggregation as least bad of the three. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 12.3 (2002) 305-323 [Access article in PDF] Scope Note 41 Bioethics and Cloning, Part I Susan Cartier Poland and Laura Jane Bishop This is Part One of a two part Scope Note on Bioethics and Cloning. Part Two will be published in the December 2002 issue of the Kennedy Institute of Ethics Journal and as a separate reprint. Contents For Parts 1 And (...) 2 Part 1Part 2I.History of the ScienceI.Ethical PerspectivesII.Historical CommentaryII.Religious PerspectivesIII.Animal WelfareIII.Fiction and FilmIV.Laws and Legal Literature"Clone" is a collective noun (I, Stewart 1997, p. 771). A collective noun names a group and is composed of individual members, such as "herd" or "flock." Derived from the Greek kl¯on for twig or slip, "clone" was first used in biology to describe the aggregate of asexually produced progeny of an individual, either naturally occurring or man-made; the definition later expanded to mean a group of genetically identical members who originate from a single ancestor. Thus, a clone is a group that results from the process of asexual reproduction.In nature, cloning occurs either by parthenogenesis (reproduction without fertilization) or by fission (embryo splitting). In a pioneering experiment in 1952, Robert Briggs and Thomas J. King (I, 1952), cancer researchers at the Institute for Cancer Research (today part of the Fox Chase Cancer Center) in Philadelphia, demonstrated on frogs another method of cloning by transplanting nuclei into enucleated cells, a technique called "nuclear transplantation," which John B. Gurdon and colleagues (I, 1958, 1975) used to create clones of frogs.Then, in the late 1970s and early 1980s, two back-to-back frauds in cloning occurred. First, the cloning of a human described by American science journalist David Rorvik in the 1978 book In His Image was called a hoax by a court in [End Page 305] 1982. Second, the cloning of three mice, announced by German wunderkind Karl Illmensee to scientific circles in 1979 (and to the public in 1981), could not be proven to be true, according to convincing evidence by McGrath and Solter (I) published in 1984.With their pronouncement that mammalian cloning was impossible, McGrath and Solter essentially stopped cloning research and funding for such biological research. So by the mid-1980s, instead of further investigating cloning, developmental biologists studied embryology related to in vitro fertilization, while molecular biologists studied recombinant DNA under the newly relaxed NIH guidelines. These two strands of scientific investigation came together in the work of Ian Wilmut, who created in vitro embryos using nuclear transplantation to reproduce genetically engineered cattle. Wilmut was seeking a way to increase the successful birth rate when, in the 1990s, he produced identical twin sheep, Megan and Morag, cloned from an embryonic cell, followed by another sheep, Dolly, cloned from an adult cell. The birth of a mammal from an embryo whose genetic material came from an adult cell firmly re-established the possibility of cloning from adults. Prior to Dolly's birth, scientists believed that adult cells lost the ability to dedifferentiate—i.e., to become unspecialized—and so could not direct the development of an embryo through to birth.The 1997 announcement of Dolly's birth initiated the present widespread discussion of cloning. Because of its potentially vast applications across human health, medicine, agriculture, and business/economics, cloning raises a host of issues including those concerning: genetics and genetic engineering, patenting, animal rights and/or animal welfare (especially for transgenic, research, or cloned animals), organ transplantation, reproduction, eugenics, pharmacology (drug production using transgenic animals), research practices, informed consent, stem cell research, women's rights, children's rights, parental rights and responsibilities, and theology and philosophy. It fosters questions about the meaning and purpose of life, the limits of human powers to intervene in research and therapy, and what it means to be human or animal. In addition, environmentalists and organic farmers raise concerns about the effect of novel animals and plants on the environment, while nutritionists and the lay public wonder... (shrink)

Spacetime as we know and love it is lost in most approaches to quantum gravity. For many of these approaches, as inchoate and incomplete as they may be, one of the main challenges is to relate what they take to be the fundamental non-spatiotemporal structure of the world back to the classical spacetime of GR. The present essay investigates how spacetime is lost and how it may be regained in one major approach to quantum gravity, loop quantum gravity.

Legal theorists have proposed several theories to justify statutes of limitations in the criminal law, but none of these normative theories is generally accepted. This chapter investigates the related descriptive question as to whether ordinary people have the intuition that legal punishment becomes less appropriate as time passes from the date of the offense and, if they do, what factors play a role in these intuitions. Five studies demonstrate that there is an intuitive statute of limitations on both legal punishment (...) and moral criticism, and that these intuitions arise, in part, from judgments about changes in psychological connectedness over time. (shrink)

Some moral theorists argue that innocent beneficiaries of wrongdoing may have special remedial duties to address the hardships suffered by the victims of the wrongdoing. These arguments generally aim to simply motivate the idea that being a beneficiary can provide an independent ground for charging agents with remedial duties to the victims of wrongdoing. Consequently, they have neglected contexts in which it is implausible to charge beneficiaries with remedial duties to the victims of wrongdoing, thereby failing to explore the limits (...) of the benefiting relation in detail. Our aim in this article is to identify a criterion to distinguish contexts in which innocent beneficiaries plausibly bear remedial duties to the victims of wrongdoing from those in which they do not. We argue that innocent beneficiaries incur special duties to the victims of wrongdoing if and only if receiving and retaining the benefits sustains wrongful harm. We develop this criterion by identifying and explicating two general modes of sustaining wrongful harm. We also show that our criterion offers a general explanation for why some innocent beneficiaries incur a special duty to the victims of wrongdoing while others do not. By sustaining wrongful harm, beneficiaries-with-duties contribute to wrongful harm, and we ordinarily have relatively stringent moral requirements against contributing to wrongful harm. On our account, innocently benefiting from wrongdoing _per se_ does not generate duties to the victims of wrongdoing. Rather, beneficiaries acquire such duties because their receipt and retention of the benefits of wrongdoing contribute to the persistence of the wrongful harm suffered by the victim. We conclude by showing that our proposed criterion also illuminates why there can be reasonable disagreement about whether beneficiaries have a duty to victims in some social contexts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bioethics Commissions: Town Meetings with a “Blue, Blue Ribbon”Susan Cartier Poland (bio)Town meetings are characteristic of New England. In theory, a quorum of registered voters in a small municipality meets annually to decide local public policy. In fact, special interests and the town bureaucracy control the meeting.Like a town meeting, a commission (or committee or council) comes into being, whether on an ad hoc or permanent basis, to (...) direct a government function. Bioethics commissions specialize in one area: the intersection of public policy with developments, either real or anticipated, in the basic and applied sciences.That specialization of commissions carries over into the selection of the members. More often than not commission members are appointed on the basis of expertise in a specific area. Although some commissions are still made up entirely of one kind of expert, usually medical, the majority of these government bodies seek breadth between the fields of law, religion, ethics, and science (including medicine and the social sciences).In the words of Mrs. Rigenbach, the law clerk to Chief Judge Carl B. Rubin of the United States District Court for the Southern District of Ohio, selection of persons “knowledgeable in the field” constitutes a “blue, blue ribbon” jury. In contrast, a “blue ribbon” jury is composed of those persons having “the greatest amount of formal education” (In re Richardson-Merrill, Inc. (Bendectin litigation), 624 Federal Supplement 1212 at 1217 (1985)). The problem with persons knowledgeable in the field is that their minds may have already been made up. For a jury, this is a disaster; for a bioethics commission, this directs and shapes the research, investigation, and discussion, or, in short, it makes for more efficient decision making.For this Scope Note, the definition of commission begins with the Bioethicsline description of its index term “advisory committees” as committees or commissions set up to advise government bodies on public policy. Furthermore, a commission [End Page 91] (or committee) receives government funding and support in exchange for its expertise in research, investigation, reporting, and recommendations.Six functions served by bioethics commissions have been clearly and succinctly described by LeRoy Walters (Commissions and Bioethics. Journal of Medicine and Philosophy 14 (4): 363–68, August 1989). The functions are: (1) to legitimize action; (2) to delay action or resolution; (3) to identify duplication; (4) to be representative; (5) to do research and find facts; and (6) to provide education and support (pp. 364–65). Since 1989, however, another government function has moved to the forefront. Instead of remaining within the legislative arena, government commissions serve the judiciary as well, in cases involving complex and technical questions. The now defunct Law Reform Commission of Canada recognized this use when it included in its annual reports a section on its “Influence on Law Reform through Judicial Decisions.”In mid-1997, the United States Supreme Court in its consolidated cases on assisted suicide used extensively the writings from a state commission, the New York State Task Force on Life and the Law, to support its rationale. Not only did the Court make use of the Task Force’s work, but in so doing the Court extended the efforts of the commission beyond its jurisdiction of New York into another jurisdiction on the opposite coast, Washington state. Furthermore, although the commission was chartered by one state, through the federal court system, its influence became national.Outside the U.S., the United Nations recently adopted its first bioethics text on the ethics of genetic research, and Canada is reworking its human research guidelines into a single set of guidelines that will apply to research in both the natural sciences and the social sciences.This Scope Note attempts to compile for the researcher and the reference librarian those commissions, existing and defunct, that have addressed bioethics issues. Only one other such attempt is known to the author, an Office of Technology Assessment [OTA] Background Paper, Biomedical Ethics in U.S. Public Policy (1993). Due to space limitations, not all publications could be listed; the selections included represent the range of topics from a particular group or the more frequently cited sources. Future updates of this compilation are planned, so please notify the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 10.3 (2000) 265-281 [Access article in PDF] Scope Note 39 Genes, Patents, and Bioethics-Will History Repeat Itself? Susan Cartier Poland Gene patenting--the very notion sounds absurd! How can anyone claim to have invented the genes with which one is born? To make matters worse, genetic makeup precedes birth, meaning the existence of the invention predates the existence of the inventor. So, do we (...) really own our genes, or do they belong to our parents, or our governments, or a Supreme Being? Ownership is only one bioethical issue involved in gene patenting. But before looking at the issues, some essential and basic terms must be understood, namely genes and patents. Genes In his book On the Origin of Species, published in 1859, the biologist Charles Darwin proposed a theory called "natural selection," whereby living things changed over time or evolved through generations due to competition and variation. By experimenting with the garden pea in the 1860s, Gregor Mendel, a monk and accomplished horticulturalist, provided the mechanism of inheritance supporting the natural selection theory of his contemporary Darwin. That mechanism is the gene, or, as Mendel described it, a discrete "factor." The gene has also been defined as "the fundamental unit of heredity" (United States 1987, p. 157). Each individual has two copies of a gene, one from each parent, but that individual passes down to offspring only one of the two copies. Because of Mendel, the gene has become a scientific concept and the basis of a new scientific field: genetics.David C. Page (2000) of the Whitehead Institute for Biomedical Research at the Massachusetts Institute of Technology explained today's terms for genetics structures using an analogy taken from the home. In his view, the cell is a kitchen, the genome is a shelf in the kitchen, the chromosome is a cookbook on the shelf, the gene is a recipe in the cookbook, and a base-pair (either adenine with thymine or guanine with cytosine) is a single letter in the recipe. A protein, the [End Page 265] working molecule blueprinted by a gene, is a dish ready to eat, and an ingredient in the dish is an amino acid, which is a building block of the protein as specified by a string of base-pairs.Colin Tudge (1993), a British science journalist, would disagree with Page's description of the gene as a recipe. A recipe is like a blueprint: both are directions that precede the work. But a gene is not passive according to Tudge; it actively administers the cell's work, and it also responds to cellular events (Aldridge 1996).The current focus of scientific research and funding is on the gene and the completion of the sequencing of all the genes that comprise the human genome, portrayed in the press as a race between the U.S. government's Human Genome Project and the private corporation Celera Genomics. The real action, however, is at the protein level. The gene only holds the information to produce a protein; it is the three-dimensional shaped protein that does the work. In order to produce energy, eliminate waste, and perform other functions specific to a cell or tissue, proteins must bind, thus creating "biological pathways." Proteins bind (or not) and detach as a function of their shapes, which are determined by their precise chemical composition as spelled out in their genetic code. IBM will spend the next five years making one computer, Blue Gene, that will then take an entire year to come up with the chemical map for only one protein (Gillis 2000). It is estimated that there are about 40,000 proteins in the human body.Despite these overwhelming numbers, modern biology has been able to achieve significant results within the Human Genome Project's 15-year time frame, from 1990 to 2005. The genetic map was completed in 1993; the physical map was completed in 1995; and the genetic sequence is expected to be completed in 2002, with 97 to 99 percent completed as of 26 June 2000. This... (shrink)

The principle that rational agents should maximize expected utility or choiceworthiness is intuitively plausible in many ordinary cases of decision-making under uncertainty. But it is less plausible in cases of extreme, low-probability risk (like Pascal's Mugging), and intolerably paradoxical in cases like the St. Petersburg and Pasadena games. In this paper I show that, under certain conditions, stochastic dominance reasoning can capture most of the plausible implications of expectational reasoning while avoiding most of its pitfalls. Specifically, given sufficient background uncertainty (...) about the choiceworthiness of one's options, many expectation-maximizing gambles that do not stochastically dominate their alternatives "in a vacuum" become stochastically dominant in virtue of that background uncertainty. But, even under these conditions, stochastic dominance will not require agents to accept options whose expectational superiority depends on sufficiently small probabilities of extreme payoffs. The sort of background uncertainty on which these results depend looks unavoidable for any agent who measures the choiceworthiness of her options in part by the total amount of value in the resulting world. At least for such agents, then, stochastic dominance offers a plausible general principle of choice under uncertainty that can explain more of the apparent rational constraints on such choices than has previously been recognized. (shrink)

Some moral theorists argue that being an innocent beneficiary of significant harms inflicted by others may be sufficient to ground special duties to address the hardships suffered by the victims, at least when it is impossible to extract compensation from those who perpetrated the harm. This idea has been applied to climate change in the form of the beneficiary-pays principle. Other philosophers, however, are quite sceptical about beneficiary pays. Our aim in this article is to examine their critiques. We conclude (...) that, while they have made important points, the principle remains worthy of further development and exploration. Our purpose in engaging with these critiques is constructive — we aim to formulate beneficiary pays in ways that would give it a plausible role in allocating the cost of addressing human-induced climate change, while acknowledging that some understandings of the principle would make it unsuitable for this purpose. (shrink)

This collection provides the first in-depth introduction to the theory of the religious imagination put forward by renowned philosopher Douglas Hedley, from his earliest essays to his principal writings. Featuring Hedley's inaugural lecture delivered at Cambridge University in 2018, the book sheds light on his robust concept of religious imagination as the chief power of the soul's knowledge of the Divine and reveals its importance in contemporary metaphysics, ethics and politics. Chapters trace the development of the religious imagination in Christian (...) Platonism from Late Antiquity to British Romanticism, drawing on Origen, Henry More and Samuel Taylor Coleridge, before providing a survey of alternative contemporary versions of the concept as outlined by Karl Rahner, René Girard and William P. Alston, as well as within Indian philosophy. By bringing Christian Platonist thought into dialogue with contemporary philosophy and theology, the volume systematically reveals the relevance of Hedley's work to current debates in religious epistemology and metaphysics. It offers a comprehensive appraisal of the historical contribution of imagination to religious understanding and, as such, will be of great interest to philosophers, theologians and historians alike. (shrink)

Abstract:Organizational justice is a behavioral science concept that refers to the perception of fairness of the past treatment of the employees within an organization held by the employees of that organization. These subjective perceptions of fairness have been empirically shown to be related to 1) attitudinal changes in job satisfaction, organizational commitment and managerial trust beliefs; 2) behavioral changes in task performance activities and ancillary extra-task efforts to assist group members and improve group methods; 3) numerical changes in the quantity, (...) quality and efficiency of divisional outputs; and—though this is far more tentative—4) eventual changes in the competitive advantage and financial performance of the full organization. The authors propose that these constructs can be applied to all stakeholders, rather than just to the current employees of the firm, and that objective determinations of fairness by the managers can be related to subjective perceptions of fairness by the stakeholders that will result in the sequential series of attitudinal, behavioral and numerical changes that will lead to performance improvements. In short, the authors propose a normative stakeholder theory of the firm, based upon ethical principles, that will have testable descriptive hypotheses derived from the behavioral constructs. (shrink)

Is the overall value of a world just the sum of values contributed by each value-bearing entity in that world? Additively separable axiologies (like total utilitarianism, prioritarianism, and critical level views) say 'yes', but non-additive axiologies (like average utilitarianism, rank-discounted utilitarianism, and variable value views) say 'no'. This distinction appears to be practically important: among other things, additive axiologies generally assign great importance to large changes in population size, and therefore tend to strongly prioritize the long-term survival of humanity over (...) the interests of the present generation. Non-additive axiologies, on the other hand, need not assign great importance to large changes in population size. We show, however, that when there is a large enough `background population' unaffected by our choices, a wide range of non-additive axiologies converge in their implications with additive axiologies—for instance, average utilitarianism converges with critical-level utilitarianism and various egalitarian theories converge with prioritarianism. We further argue that real-world background populations may be large enough to make these limit results practically significant. This means that arguments from the scale of potential future populations for the astronomical importance of avoiding existential catastrophe, and other arguments in practical ethics that seem to presuppose additive separability, may succeed in practice whether or not we accept additive separability as a basic axiological principle. (shrink)

Some moral theorists argue that being an innocent beneficiary of significant harms inflicted by others may be sufficient to ground special duties to address the hardships suffered by the victims, at least when it is impossible to extract compensation from those who perpetrated the harm. This idea has been applied to climate change in the form of the beneficiary-pays principle. Other philosophers, however, are quite sceptical about beneficiary pays. Our aim in this article is to examine their critiques. We conclude (...) that, while they have made important points, the principle remains worthy of further development and exploration. Our purpose in engaging with these critiques is constructive — we aim to formulate beneficiary pays in ways that would give it a plausible role in allocating the cost of addressing human-induced climate change, while acknowledging that some understandings of the principle would make it unsuitable for this purpose. (shrink)

In this book, Christian Barry and Sanjay G. Reddy propose ways in which the international trading system can support poor countries in promoting the well-being of their peoples.

_Making Sense of Tantric Buddhism_ fundamentally rethinks the nature of the transgressive theories and practices of the Buddhist Tantric traditions, challenging the notion that the Tantras were "marginal" or primitive and situating them instead--both ideologically and institutionally--within larger trends in mainstream Buddhist and Indian culture. Critically surveying prior scholarship, Wedemeyer exposes the fallacies of attributing Tantric transgression to either the passions of lusty monks, primitive tribal rites, or slavish imitation of Saiva traditions. Through comparative analysis of modern historical narratives--that depict (...) Tantrism as a degenerate form of Buddhism, a primal religious undercurrent, or medieval ritualism--he likewise demonstrates these to be stock patterns in the European historical imagination. Through close analysis of primary sources, Wedemeyer reveals the lived world of Tantric Buddhism as largely continuous with the Indian religious mainstream and deploys contemporary methods of semiotic and structural analysis to make sense of its seemingly repellent and immoral injunctions. Innovative, semiological readings of the influential _Guhyasamaja Tantra_ underscore the text's overriding concern with purity, pollution, and transcendent insight--issues shared by all Indic religions--and a large-scale, quantitative study of Tantric literature shows its radical antinomianism to be a highly managed ritual observance restricted to a sacerdotal elite. These insights into Tantric scripture and ritual clarify the continuities between South Asian Tantrism and broader currents in Indian religion, illustrating how thoroughly these "radical" communities were integrated into the intellectual, institutional, and social structures of South Asian Buddhism. (shrink)

_Making Sense of Tantric Buddhism_ fundamentally rethinks the nature of the transgressive theories and practices of the Buddhist Tantric traditions, challenging the notion that the Tantras were "marginal" or primitive and situating them instead -- both ideologically and institutionally -- within larger trends in mainstream Buddhist and Indian culture. Critically surveying prior scholarship, Wedemeyer exposes the fallacies of attributing Tantric transgression to either the passions of lusty monks, primitive tribal rites, or slavish imitation of Saiva traditions. Through comparative analysis of (...) modern historical narratives -- that depict Tantrism as a degenerate form of Buddhism, a primal religious undercurrent, or medieval ritualism -- he likewise demonstrates these to be stock patterns in the European historical imagination. Through close analysis of primary sources, Wedemeyer reveals the lived world of Tantric Buddhism as largely continuous with the Indian religious mainstream and deploys contemporary methods of semiotic and structural analysis to make sense of its seemingly repellent and immoral injunctions. Innovative, semiological readings of the influential _Guhyasamaja Tantra_ underscore the text's overriding concern with purity, pollution, and transcendent insight -- issues shared by all Indic religions -- and a large-scale, quantitative study of Tantric literature shows its radical antinomianism to be a highly managed ritual observance restricted to a sacerdotal elite. These insights into Tantric scripture and ritual clarify the continuities between South Asian Tantrism and broader currents in Indian religion, illustrating how thoroughly these "radical" communities were integrated into the intellectual, institutional, and social structures of South Asian Buddhism. (shrink)