In the latter half of the twentieth century, developed countries of the world have made tremendous strides in organ donation and transplantation. However, in this area of medicine, Japan has been slow to follow. Japanese ethics, deeply rooted in religion and tradition, have affected their outlook on life and death. Because the Japanese have only recently started to acknowledge the concept of brain death, transplantation of major organs has been hindered in that country. Currently, there is a dual definition of (...) death in Japan, intended to satisfy both sides of the issue. This interesting paradox, which still stands to be fully resolved, illustrates the contentious conflict between medical ethics and medical progress in Japan. (shrink)

Across four studies, we explored how feeling nostalgic about an attitude object impacts the metacognitive characteristics of the attitude toward that object and how those metacognitions predict the evaluation’s underlying strength. In each study, participants reflected on and evaluated a song or television show that either did or did not elicit nostalgia. Across these studies, we found support for the hypotheses that nostalgic attitude objects are viewed more positively, appraised with greater attitudinal importance, and exhibited less objective ambivalence. In Study (...) 4, we observed that nostalgic attitudes are associated with greater behavioural intentions and that this relationship was mediated both by attitudinal importance and objective ambivalence. These studies contribute to our understanding of how nostalgia affects attitude formation processes. (shrink)

A report by the Nuffield Council on Bioethics, contrary to the Declaration of Helsinki, permits most important research initiatives in developing countries.The Ethics of Research Related to Health Care in Developing Countries by the Nuffield Council on Bioethics makes a number of innovative recommendations that depart from codes such as the Declaration of Helsinki. It recommends that standards of care might be relativised to the standard of that nation. It recommends that very good reasons need to be given for not (...) giving post-trial access to medications but recognises that there may be justifiable instances of this. It is the view of the authors that these and other recommendations of the report are sensible pieces of advice given the complexities of the developing world. (shrink)

Equality is the great political issue of our time. Liberty is forgotten: Fraternity never did engage our passions: the maintenance of Law and Order is at a discount: Natural Rights and Natural Justice are outmoded shibboleths. But Equality—there men have something to die for, kill for, agitate about, be miserable about. The demand for Equality obsesses all our political thought. We are not sure what it is—indeed, as I shall show later, we are necessarily not sure what it is—but we (...) are sure that whatever it is, we want it: and while we are prepared to look on frustration, injustice or violence with tolerance, as part of the natural order of things, we will work ourselves up into paroxysms of righteous indignation at the bare mention of Inequality. (shrink)

From the 5th edition of Beauchamp and Childress' Principles of Biomedical Ethics, the problem of common morality has been given a more prominent role and emphasis. With the publication of the 6th and latest edition, the authors not only attempt to ground their theory in common morality, but there is also an increased tendency to identify the former with the latter. While this stratagem may give the impression of a more robust, and hence stable, foundation for their theoretical construct, we (...) fear that it comes with a cost, namely the need to keep any theory in medical ethics open to, and thereby aware of, the challenges arising from biomedical research and clinical practice, as well as healthcare systems. By too readily identifying the moral life of common morality with rule-following behaviour, Beauchamp and Childress may even be wrong about the nature of common morality as such, thereby founding their, by now, classic theory on quicksand instead of solid rock. (shrink)

The purpose of this essay is to stimulate academic discussion about the ethical justification of using human primordial stem cells for tissue transplantation, cell replacement, and gene therapy. There are intriguing alternatives to using embryos obtained from elective abortions and in vitro fertilisation to reconstitute damaged or dysfunctional human organs. These include the expansion and transplantation of latent adult progenitor cells.

While the UK Home Office’s proposals to preventively detain people with what it has called dangerous severe personality disorder have been subjected to debate and criticism the deeply troubling jurisprudential issues in these proposals have not yet entered into public debate in a way that their seriousness deserves.1 It is good that a commentator as well known as Professor Szasz is speaking out on this issue.Professor Szasz focuses upon a crucial question by calling into question the medicalisation of terms like (...) dangerousness and mental illness.2 There is a great temptation for legislators and the public to treat these terms as if they are purely scientific terms and to think of risk assessment as a precise science. I don’t share Professor’s Szasz’s worry about how psychiatry is using these terms but I think there are some important questions about how these concepts function in the public sphere.This issue is important enough to justify the use of some rhetorical claims because such claims can serve to bring out what are neglected and important issues. In raising the following objections I am not attempting to refute the message that is in Szasz’s article or to say that he is not making an important point but rather to attempt to sharpen the issues and to suggest ways that we can respond to Professor Szasz’s challenge.Psychiatry has progressed in a number of ways since Professor Szasz wrote The Myth of Mental Illness.3 The science is much better, we have much better medications, and psychiatrists are acutely aware of the tension between treating their patient and their obligations to the public interest.So when Professor Szasz says: “Psychiatrists offer to relieve the disturbed person of the burden of coping …. (shrink)

Justice has always been regarded as one of the fundamental political virtues. No association of human individuals could subsist, says Hume, “were no regard paid to the laws of equity and justice”, and nearly every thinker who has turned to consider human society, has reached the same conclusion. Yet we are not at all clear what justice is, nor why it is so important. There are many other ideals which a society may cherish, and often reformers have felt impatient of (...) having to compromise their aims merely for the sake of justice, and have not seen why the claims of justice should in any way override other political goods. I shall try to show why justice is, along with liberty, a peculiarly fundamental ideal, which is not merely co-ordinate with other ideals a society may value; but also that this notwithstanding, considerations of justice are not all-sufficient, and do not, and should not, always override all other political ideals. (shrink)

NICE, the draft fertility guideline and dodging the big question: should fertility treatment be provided by the NHS?In August of this year the National Institute for Clinical Excellence made its draft guideline on fertility treatment available for consultation.1 As has been widely reported in the media the draft guideline recommends that the National Health Service should provide publicly funded fertility treatment in a consistent way across England and Wales. The guideline recommends that three cycles of IVF should be available when (...) “The woman is within the optimal range for in vitro fertilisation and there is an appropriately diagnosed cause of infertility of any duration, or unexplained infertility of at least three years’ duration .Those who need fertility treatment will celebrate the guideline, as will many fertility clinics. The guideline does not, however, address key questions that will be obvious to many. Is fertility treatment the kind of thing that ought to be available on the NHS? Will the inevitable increase in demand mean that resources are directed away from other services? Is fertility treatment really the same kind of intervention as heart or hip replacement surgery?My view is that there are good reasons for doing what we can to help people access fertility services. Most of us will start a family and for those of us who do it is probably the most important of all of our life projects. Given that social status and wealth can be significant obstacles to many of the things that people would like to do with their lives, the fact that most of us are able to pursue this important life project is good from an egalitarian …. (shrink)

Professor Braithwaite’s inaugural lecture, here published in book form,1 is a trial run at a Platonic definition of the concept of dianemetic justice; or, as he himself would put it, a rational reconstruction of the concept “sensible-prudent-and-fair”. Aristotle left it that dianemetic justice was an equality and a matter of ratios. A just distribution of őoα µεριστ? τoς κoινωνoσι τς πoλιτείαѕ2 was one in which each had an equitable share, no one having either more or less than he should. Professor (...) Braithwaite goes further and replaces Aristotle’s ordered scale of the-more-and-the-less in which only imprecise and unhelpful answers could be given, by a numerical scale in which he can frame the question “Exactly how much is a fair share?” and propound his s own solution. (shrink)

The problem with which I wish to deal in this paper is the problem of singular reasons in the humanities, whether they exist, or rather, whether they can exist: for it would seem that the word “reason” carried with it some idea of generality, so that the phrase “singular reason” was a contradiction in terms, a specification which could never be fulfilled. But humanists are always sensing the singularity of their studies: and the philosopher wondering about the nature of humane (...) thinking either must conclude that it is really only inadequate science, its singularity being the mark of the fact that we never really have an adequate basis for any of our generalizations, an unfortunate reminder that the whole structure is built on the shakiest of inductive foundations; or , if he is unwilling to allow that humanists are just bad, or at least amateur, scientists, he is tempted to vindicate the rationality of their reasoning by inventing a special faculty of particular ratiocination which is able to perceive particular truths—the intuition of the moralists or the insight of the Collingwoodian mode. (shrink)

This collection begins its rich analytical investigation by describing how people Australian Aborigines, New Zealand Maori, Japanese, and Africans first learn the figured worlds of their own culture, made up of sensations, affirmations and ...

This paper was motivated by what we see as an inconsistency between a 1988 paper by Brennan and Buchanan expressing concern that public choice might erode public confidence in government and previous work by Buchanan, in particular Buchanan. The one advantage we saw with the 1988 paper was that it, all by itself, is all one needs to dismiss MacLean’s depiction of Buchanan as an ideologically rigid extremist. We also found the same inconsistency occurring simultaneously in Buchanan’s writing in 1979. (...) Yet, based on Wagner, we conclude that such inconsistencies may reflect a strength in Buchanan’s scholarship. (shrink)

O objetivo é propor uma reconstrução racional da concepção da ciência de Duhem, por meio do recurso da metodologia da teoria da ciência, como uma teoria normativa da dinâmica do conhecimento. Essa reconstrução ajuda a estabelecer que Duhem não pode ser classificado como um convencionalista/pragmatista, como sugere a interpretação-padrão, e, além disso, que Duhem almeja construir uma concepção que seja um termo médio entre a concepção metafísica clássica e a concepção do convencionalismo/pragmatismo. A estratégia metodológica para construir esse termo médio (...) é a proposta de um realismo estrutural e convergente. Duhem substitui o sujeito transcendental dos clássicos por uma teoria transcendental a ser alcançada por um processo dinâmico. Using the resources of the methodology of theory of science we propose a rational reconstruction of Duhem's conception of science, interpreting it as a normative theory of the dynamics of knowledge. Such a reconstruction helps to establish that Duhem cannot be classified as a conventionalist/pragmatist as proposed in the standard interpretation, and, furthermore, that Duhem proposes to construct a conception of science as a middle way between a classical metaphysical conception and a conventionalist/pragmatist conception. The methodological strategy for this middle way is the proposal of a structural and convergent realism. Duhem replaces the transcendental subject of the classics with a transcendental theory to be reached by a dynamic process. (shrink)

An obligation may take either of two forms, each form being reported in a different way. For example, when we report the obligation of parents to care for their children, if it is the moral obligation we mean, we will say ‘Parents ought to look after their children’ but if we mean the legal obligation, we will say ‘Parents have to look after their children’. The law specifies that people shall do thus and so, not that they ought to do (...) thus and so. (shrink)