This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...) relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible. Another target of this book is the prevalent view that tort law helps rectify market failures when transaction costs are too high to permit contracting. The author argues instead that tort law should be understood as a way of rectifying wrongful losses not inefficient exchanges. (shrink)

Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.

Written by a former corporate manager pursuing counseling as a 2nd career, this article offers pointed views on managed mental health care. Values of practitioners that are a mismatch for managed care are noted, and more specific disadvantages and advantages are examined. Loss of client confidentiality is addressed and procedures and technologies for its reclamation are noted. Negative effects on therapy are acknowledged and potential for better accountability and research are pointed out. Economic disadvantages of a small provider's practice as (...) well as opportunities for creating new value and additional income are reviewed. The relatively sudden emergence of managed care is credited with a natural time lag preceding regulatory responses. Acknowledging that most new practitioners have little choice about the clients they serve, the article concludes that it would be shortsighted to rule managed care out of one's practice. (shrink)

An interdisciplinary study of the fundamental normative issues underpinning immigration policy.

This article will examine the case of Ms B, a woman with tetraplegia for a year, who, prior to rehabilitation or return to community life, sought a ruling that doctors may turn off her ventilator. The authors are people with disabilities. Their analysis focuses on the manner in which the High Court framed the case in terms of mental capacity, addressed the issue of suicide and ambivalence, and resolved informed consent and treatment alternative issues. While the disability community in the (...) US does not oppose the general right to refuse treatment, there is significant concern about lack of informed consent and denial of desired treatment alternatives, and the cavalier manner in which these factors have been dismissed. (shrink)

This paper examines the problems that may arise, particularly for military personnel, when the requirements of doing one's duty seem to come into conflict with the demands of loyalty. This conflict is especially problematic because loyalty is often seen, especially by serving military personnel, as the highest of military virtues. The paper introduces a categorisation of ethical issues into two main types, which are referred to as ‘ethical dilemmas’ and ‘tests of integrity’ which is then used to clarify the issues (...) involved when duty and loyalty come into conflict. It is argued that a true understanding of loyalty and disloyalty means that the demands of loyalty can never legitimately override a genuine duty to follow orders. (shrink)

Background Biobanking and genomic research requires collection and storage of human tissue from study participants. From participants’ perspectives within the African context, this can be associated with fears and misgivings due to a myriad of factors including myths and mistrust of researchers. From the researchers angle ethical dilemmas may arise especially with consenting and sample reuse during storage. The aim of this paper was to explore these ethical considerations in the establishment and conduct of biobanking and genomic studies in Africa. (...) Methods We conducted a narrative synthesis following a comprehensive search of nine (9) databases and grey literature. All primary research study designs were eligible for inclusion as well as both quantitative and qualitative evidence from peer reviewed journals, spanning a maximum of 20 years (2000–2020). It focused on research work conducted in Africa, even if data was stored or analysed outside the region. Results Of 2,663 title and abstracts screened, 94 full texts were retrieved and reviewed for eligibility. We included 12 studies (7 qualitative; 4 quantitative and one mixed methods). Ethical issues described in these papers related to community knowledge and understanding of biobanking and genomic research, regulation, and governance of same by research ethics committees, enrolment of participants, types of informed consents, data collection, storage, usage and sharing as well as material transfer, returning results and benefit sharing. ca. Biospecimen collection and storage is given in trust and participants expect confidentially of data and results generated. Most participants are comfortable with broad consent due to trust in researchers, though a few would like to be contacted for reconsenting in future studies, and this would depend on whether the new research is for good cause. Sharing data with external partners is welcome in some contexts but some research participants did not trust foreign researchers. Conclusion Biobanking and genomic studies are a real need in Africa. Linked to this are ethical considerations related to setting up and participation in biobanks as well as data storage, export, use and sharing. There is emerging or pre-existing consensus around the acceptability of broad consent as a suitable model of consent, the need for Africans to take the lead in international collaborative studies, with deliberate efforts to build capacity in local storage and analysis of samples and employ processes of sample collection and use that build trust of communities and potential study participants. Research ethics committees, researchers and communities need to work together to work together to adapt and use clearly defined ethical frameworks, guidelines, and policy documents to harmonize the establishment and running of biobanking and genomic research in Africa. (shrink)

Home care is one of the fastest‐growing industries in the United States, providing valuable opportunities for millions of older adults and people with disabilities to live at home rather than in institutional settings. Home care workers assist clients with essential activities of daily living, but their wages and working conditions generally fail to reflect the importance of their work. Drawing on the work of Eva Feder Kittay and other care ethicists, we argue that good care involves attending to the needs (...) of another out of a concern for their well‐being. Such care should be standard in the home care system. Yet, because of the pervasive racial, gender, and economic inequalities that the home care industry perpetuates, home care workers and their clients cannot reasonably be expected to care about each other. We endorse reforms aimed at enabling home care workers and their clients to form and maintain professional relationships that cultivate care.. (shrink)

Anthropology continues to develop both in terms of theory and in relation to the ways in which fieldwork is conducted. Dislocating Anthropology? seeks to capture and represent these developments through a collection of ethnographic essays that are cutting edge, but which do not represent a complete break with what has gone before. In recent years anthropologists have increasingly come to accept that fieldwork in bounded and discrete places is no longer tenable. People can no longer be represented in these static, (...) parochial terms. At the start of the 21st century, and with the possibility of internet connections almost anywhere, we have the potential to move even when we are stationary. Each of the contributors to this collection have identified and attempted to understand sets of relationships that are both temporally and spatially dynamic, that appear to flow into and out of 'the field.' Together, the chapters shed light on a number of methodological conundrums, or dislocations, relating, for example, to locality, identity, fieldwork, and reflexivity. The book is concerned with dislocation as both practice and process, and as such extends a theme that has arguably been central to Anthropology since Malinowski's Trobriand ethnography. (shrink)

Some believe that it is immoral to harm animals, but it is not immoral to kill humanely raised domesticated animals. Implicit in this is the assumption that it is possible to raise and slaughter animals without harming them significantly. In recent years, a number of philosophers – DeGrazia, Harman, Bradley, and others – have claimed that slaughter harms an animal in proportion to the amount of valuable future life that an animal loses in dying, which seems to challenge this assumption. (...) But a question remains: how much are domesticated animals, particularly humanely raised ones, harmed by their slaughter? Here, I take up this question. My answer may be surprising: in ordinary circumstances, slaughter hardly deprives humanely raised animals of any good life, and so is not very harmful to them. This result may strengthen the case for humane slaughter – or it may give us reason to revise our understanding of the harmfulness of death. (shrink)

David Hume's Dialogues concerning Natural Religion, first published in 1779, is one of the most influential works in the philosophy of religion and the most artful instance of philosophical dialogue since the dialogues of Plato. It presents a fictional conversation between a sceptic, an orthodox Christian, and a Newtonian theist concerning evidence for the existence of an intelligent cause of nature based on observable features of the world. This new edition presents it together with several of Hume's other, shorter writings (...) about religion, and with brief selections from the work of Pierre Bayle, who influenced both Hume's views on religion and the dialectical style of the Dialogues. The volume is completed by an introduction which sets the Dialogues in its philosophical and historical contexts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 30.1 (2006) 299-309 [Access article in PDF] Conscious Fiction Mary Clayton Coleman Bard College Consciousness and the Novel: Connected Essays, by David Lodge; 320 pp. Cambridge, Mass.: Harvard University Press, 2002, $24.95 boards, $16.95 paper. Fictional Minds, by Alan Palmer; 275 pp. Lincoln and London: University of Nebraska Press, 2004, $45.00. Radiant Cool: A Novel Theory of Consciousness, by Dan Lloyd; 357 pp. Cambridge, Mass.: (...) The MIT Press, 2004, $24.95 boards, $14.95 paper. What contributions can fiction make to the representation and investigation of conscious experience? Might fiction help us to develop and advance new theories about the nature of consciousness? And might such theories, in turn, inform our understanding of the process of reading fiction? Three recent volumes—one by English critic and novelist, David Lodge; another by literary theorist, Alan Palmer; and a third by philosopher and (now) novelist, Dan Lloyd—raise these important, genre-bending questions, and they offer challenging if not always convincing answers to them. More generally, these volumes make valuable contributions to the fruitful cross-pollination that has developed between philosophers, scientists, literary theorists, and novelists who are interested in the nature of consciousness.Lodge's new collection of essays is called Consciousness and the Novel: Connected Essays, and like all of the criticism he has written since the late eighties, this volume is intended for a general audience, not for [End Page 299] literary theorists. The title essay, "Consciousness and the Novel," is a revised version of the Richard Ellman Lectures in Modern Literature that Lodge gave at Emory University in 2001, and the other nine essays, all previously published, cover such topics as Howards End; the novels of Evelyn Waugh; The Letters of Kingsley Amis; Martin Amis's memoir, Experience; and the relationship between literature and criticism. I will focus on "Consciousness and the Novel."Lodge's thesis in this essay is that novels play an essential role in our exploration of the nature of human consciousness. This thesis is certainly true, but it is also entirely banal. Much more interesting is what Lodge says in support of it. He argues that because of the unique representative possibilities of the novel, conscious experiences can be represented more effectively in novels than they can be in scientific writing. Taken literally, as an assertion about the relative representational power of novels and scientific discourse, this is extremely implausible. However, taken more loosely—as an invitation to those of us interested in consciousness to take a closer look at the ways conscious experiences are represented in novels—Lodge's claim is sensible and appealing. I will consider the literal reading of Lodge's claim first and then turn to the looser one.It is undoubtedly true that, as a whole, novelists devote more energy to representing conscious experiences than writers of scientific discourse do. However, science writers can use whatever techniques best serve their aims, including the aim of describing conscious experiences, so there is no reason to think that conscious experiences can, in principle, be represented more effectively in novels than in broadly scientific discourse. Given that Lodge discusses such creative science writers as Antonio Damasio, Daniel Dennett, and Steven Pinker in the course of his essay, it is surprising and disappointing to find him caricature scientific writing in the following way: "science... is a third-person discourse. The first-person pronoun is not used in scientific papers. If there were any hint of qualia in a scientific paper... it would be edited out" (p. 11). Qualia are the supposedly subjective qualitative aspects of conscious experiences. How the plucked string of a cello sounds to you; how the rotting fish in the garbage smells to you; and how it feels for you to inch down into the smooth, almost-too-hot water of a perfect bubble bath—these are all (supposedly) examples of qualia. Lodge is simply mistaken when he says that there is no hint of qualia in scientific writing. There is no consensus about whether qualia can be explained scientifically. In fact, there is no consensus about whether they exist. [End Page... (shrink)

Objective: To study the preferences of patients for information related to elective procedures.Methods: A survey was carried out using a sample of 187 women. The majority of whom were on a low-income, who obtained obstetric or gynaecological services at St Joseph Regional Medical Center in Milwaukee, Wisconsin, while they were in a waiting room.Results: Many of the complications, including those that are uncommon and less serious, were considered to be relevant to the medical decisions of most patients. Average seriousness ratings (...) associated with complications of various elective procedures were in the range of moderate to high. A frequency of complications of 1:100 or higher would factor into most women’s elective treatment decisions. Women indicated a preference for receiving as much or more information pertaining to complications associated with particular elective obstetric or gynaecological procedures as other elective procedures.Conclusion: Most women wish to be informed of risks and treatment alternatives, rate many complications as serious, and are likely to use information provided to make elective treatment decisions. (shrink)

This classic book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety.

Examining Metaphors in Biopolitical Discourse This essay argues that common metaphors and metaphoric phrases used in biopolitical discourse limit how meanings are constructed by framing messages narrowly: so much so, that alternate readings are delimited, resulting in less opportunity for cognitive scrutiny of such messages. We moor our discussion of metaphors in cognitive linguistics, building on three decades of research by scholars including Sam Glucksberg, George Lakoff and Mark Johnson, and Ray Gibbs, Jr., demonstrating how research in framing effects bolsters (...) our claims of limited entailments resulting from message construction. By situating our discussion of framing in biopolitics we make a case that metaphors including Frankenfood, designer baby, vegetative state and death tax address how life and death are "managed" in discourse. In this essay we demonstrate ways in which the framing of some metaphors in social discourse slip under readers' and viewers' cognitive radars, and thus become "under-the-radar metaphors.". (shrink)

Over a decade ago, Arthur Danto announced that art ended in the sixties. Ever since this declaration, he has been at the forefront of a radical critique of the nature of art in our time. After the End of Art presents Danto's first full-scale reformulation of his original insight, showing how, with the eclipse of abstract expressionism, art has deviated irrevocably from the narrative course that Vasari helped define for it in the Renaissance. Moreover, he leads the way to a (...) new type of criticism that can help us understand art in a posthistorical age where, for example, an artist can produce a work in the style of Rembrandt to create a visual pun, and where traditional theories cannot explain the difference between Andy Warhol's Brillo Box and the product found in the grocery store. Here we are engaged in a series of insightful and entertaining conversations on the most relevant aesthetic and philosophical issues of art, conducted by an especially acute observer of the art scene today.Originally delivered as the prestigious Mellon Lectures on the Fine Arts, these writings cover art history, pop art, "people's art," the future role of museums, and the critical contributions of Clement Greenberg--who helped make sense of modernism for viewers over two generations ago through an aesthetics-based criticism. Tracing art history from a mimetic tradition through the modern era of manifestos, Danto shows that it wasn't until the invention of Pop art that the historical understanding of the means and ends of art was nullified. Even modernist art, which tried to break with the past by questioning the ways of producing art, hinged on a narrative.Traditional notions of aesthetics can no longer apply to contemporary art, argues Danto. Instead he focuses on a philosophy of art criticism that can deal with perhaps the most perplexing feature of contemporary art: that everything is possible. (shrink)

In response to the increasing number of mentally ill people experiencing homelessness, some policy‐makers have called for the expanded use of involuntary commitment, even for individuals who are not engaging in behaviors that are immediately life‐threatening. Yet there is no evidence that involuntary commitment offers long‐term benefits, and significant reasons to believe that expanding the practice will cause harm. In addition, these proposals ignore research showing that most people with mental illness have the capacity to make medical decisions for themselves. (...) Rather than expanding the use of involuntary commitment, policy‐makers should support approaches proven to decrease the prevalence of homelessness, such as supportive housing. In addition, states should reevaluate their commitment standards for persons who pose no risk of harm to others. One promising approach is Northern Ireland's Mental Health Capacity Act of 2016, which establishes a uniform standard for imposing nonconsensual health care interventions, without any distinction between mental illnesses and other conditions in which capacity might be compromised. (shrink)

This paper presents a discussion of an apparent inconsistency between Hume's moral theory and his moral evaluations of historical characters in his History of England. While Hume considers enthusiasm to be a religious vice, he praises the characters of some historical enthusiasts, blames others, and regards enthusiasm as having a positive social effect. But according to Hume's moral theory, only a virtue can have positive social effect, or be praiseworthy. The paper refers to the inconsistency between the History and the (...) moral theory as the ‘enthusiasm puzzle’. The paper concludes by explaining the inconsistency as being rooted in a problem with Hume's moral theory. (shrink)

According to Russellian monism, consciousness is constituted at least partly by quiddities: intrinsic properties that categorically ground dispositional properties described by fundamental physics. If the theory is true, then consciousness and such dispositional properties are closely connected. But how closely? The contingency thesis says that the connection is contingent. For example, on this thesis the dispositional property associated with negative charge might have been categorically grounded by a quiddity that is distinct from the one that actually grounds it. Some argue (...) that Russellian monism entails the contingency thesis and that this makes its consciousness‐constituting quiddities epiphenomenal—a disastrous outcome for a theory that is motivated partly by its prospects for integrating consciousness into physical causation. We consider two versions of that argument, a generic version and an intriguing version developed by Robert J. Howell, which he bases on Jaegwon Kim's well‐known “exclusion argument.” We argue that neither succeeds. (shrink)

" The essays also consider specific works by Nietzsche, including Human, All Too Humanand The Genealogy of Morals, as well as the philosopher's artistic metaphysics and semantical nihilism.

This collection of essays by one of America's leading legal theorists is unique in its scope: It shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics and political science.

In Danto's view, Andy Warhol's Brillo Box was not only a radical attack on traditional definitions of the art work; it brought the history of Western art to a close. In this collection of interconnected essays, he grapples with this and many more of the most challenging issues in art today, from the problems of contemporary pluralism to the dilemmas of censorship and state support for artists.

At the heart of the uniqueness debate is the possibility that the computer revolution may demand more in the way of ethical analysis than our traditional (that is, modern) ethical edification has prepared us for. In short, it may present new and unique problems and therefore demand new and unique solutions. In this article I argue that the solution is in fact an old and not‐so‐unique one: casuistry. Appealing to Jonsen and Toulmin's analysis of casuistry (1988), I argue that a (...) casuistic methodology is a more accurate description of the moral reasoning used by contemporary computer ethicists than are other accounts. In addition, I argue that the strengths that enabled casuistry to deal successfully with radical social, economic, and religious changes in the sixteenth and seventeenth centuries render casuistry well suited to the task of dealing with radically new situations like those found in twentieth‐ and twenty‐first‐century computer technology. Before concluding, I briefly explore Pascal's fatal critique of casuistry and its relevance for contemporary computer ethics. (shrink)