This article reviews recent developments in health care law, focusing on the engagement of law as a partner in health care innovation. The article addresses: the history and contents of recent United States federal law restricting the use of genetic information by insurers and employers; the recent federal policy recommending routine HIV testing; the recent revision of federal policy regarding the funding of human embryonic stem cell research; the history, current status, and need for future attention to advance directives; the (...) recent emergence of medical–legal partnerships and their benefits for patients; the obesity epidemic and its implications for the child’s right to health under international conventions. (shrink)

In this paper we shall consider whether John Rawls’s treatment of Ignatius of Loyola is a fair one. Rawls claims in A Theory of Justice that Catholic theology (and Ignatius’s theology in particular) aims at a “dominant end” of serving God that overrides other moral considerations. Rawls argues that dominant end views lead to a disfigured self and a disregard for justice. We do not question Rawls on the normative issue of whether dominant end conceptions are untenable, but rather on (...) his factual claim that Ignatian spirituality and Catholic theology in general presupposes a dominant end view as he defines it. The Loyola whom Rawls attacks in Theory of Justice is a straw-man. Ignatian spirituality and Catholic theology in general embraces something closer to an inclusive end view, since it argues that several different ways of virtuous living can lead to happiness. (shrink)

In this paper we shall consider whether John Rawls’s treatment of Ignatius of Loyola is a fair one. Rawls claims in A Theory of Justice that Catholic theology aims at a “dominant end” of serving God that overrides other moral considerations. Rawls argues that dominant end views lead to a disfigured self and a disregard for justice. We do not question Rawls on the normative issue of whether dominant end conceptions are untenable, but rather on his factual claim that Ignatian (...) spirituality and Catholic theology in general presupposes a dominant end view as he defines it. The Loyola whom Rawls attacks in Theory of Justice is a straw-man. Ignatian spirituality and Catholic theology in general embraces something closer to an inclusive end view, since it argues that several different ways of virtuous living can lead to happiness. (shrink)

This article reviews recent developments in health care law, focusing on the engagement of law as a partner in health care innovation. The article addresses: the history and contents of recent United States federal law restricting the use of genetic information by insurers and employers; the recent federal policy recommending routine HIV testing; the recent revision of federal policy regarding the funding of human embryonic stem cell research; the history, current status, and need for future attention to advance directives; the (...) recent emergence of medical–legal partnerships and their benefits for patients; the obesity epidemic and its implications for the child’s right to health under international conventions. (shrink)

"To some people, life is very simple . . . no shadings and grays, all blacks and whites. . . . Now, others of us find that good, bad, right, wrong, are many-sided, complex things. We try to see every side; but the more we see, the less sure we are." —Sir John Talbot, The Wolf Man (Universal Pictures, 1941).

The phenomenon of apparently greater emphasis on human female physical attractiveness has spawned an array of explanatory responses, but the great majority can be broadly categorized as either evolutionary or social constructivist in nature. Both perspectives generate distinct and testable predictions. If, as Naomi Wolf (The beauty myth: How images of female beauty are used against women. New York: William Morrow, [originally published in 1991], 2002) and others have argued, greater emphasis on female attractiveness is part of a predominantly Western (...) “beauty myth,” then an analysis of a culturally diverse sample should reveal marked fluctuation in gendered attractiveness emphasis: there should be significant numbers of cultures in which male and female attractiveness are equally emphasized, and cultures in which male attractiveness receives more emphasis. On the other hand, an evolutionary perspective suggests that disproportionate emphasis on female attractiveness will be a universal or near-universal phenomenon. To test these hypotheses, we tallied references to male versus female attractiveness in 90 collections of traditional folktales from 13 diverse cultural areas. The results are consistent with the evolutionary predictions and inconsistent with the constructivist predictions. Across culture areas information on physical attractiveness was much more likely to be conveyed for female characters. Together with other recent studies, these results suggest that the main elements of the beauty myth are not myths: there are large areas of overlap in the attractiveness judgments of diverse populations, and cross-cultural emphasis on physical attractiveness appears to fall principally upon women. (shrink)

Aristotle's ethical theorizing contains resources for explaining what I call ‘ethical disability’. In theories such as Kant's and Mill's it is important that criteria of right action be accessible to anyone. Aristotle's moral psychology yields a plausible account of how they are not available to everyone. Unless a correct appreciation of good is part of the agent's second nature, the agent will not recognize ethical requirements, and will not have the resources to alter his judgments. Often, bad action is not (...) a matter of agents' flouting or violating criteria of right action that they recognize, but is a matter of agents' regarding as choiceworthy things that are in fact no good, and the agents are unable to appreciate this because of their vices. However, on the Aristotelian view, this is not a condition that diminishes responsibility, because of how voluntariness is interpreted. Some of the views of Susan Wolf and Bernard Williams are discussed in the development of this view of the moral landscape. (shrink)

At the age of 15 I began calling myself an atheist. It was bad timing because the next year, in English class, I read Waiting for Godot and plunged into a philosophical depression. This was not a clinical depression with thoughts of personal worthlessness and a yearning for death. It was, rather, the kind of funk that Woody Allen’s characters were so prone to in his early movies. For example, in Annie Hall, a flashback shows us a nine-year-old Allen-esque boy (...) being asked by a doctor why he is depressed. The boy’s response is that he had recently learned that the universe will expand forever and someday break apart. He saw no further point in doing homework, despite his mother’s protestations that Brooklyn was not expanding. After reading Godot, I felt the same way. If there was no God then my life, and all life, suddenly seemed to be as pointless as the lives of Vladimir and Estragon. Here, for example, is the quote I chose later that year to place under my picture in my high school yearbook: “Whosoever shall not fall by the sword or by famine, shall fall by pestilence, so why bother shaving?” The quote is from Woody Allen[1]. The next year I went to college. I was committed to figuring out the meaning of life and I thought that studying philosophy would help. I was disappointed. Philosophy addressed many fundamental questions of being and knowing, but the question “What is the meaning of life?” never came up. I assumed it was a badly formed question, and I moved on. I went to graduate school in psychology. If only I had been able to read Susan Wolf back then! She clarifies the question so elegantly, and she points to the means by which each of us can answer it for ourselves: go find something to love, something worthy of love, that you can link to and engage with in the right sort of way. It took me a while to do that, but I eventually did, as so many of us have, both by committing to people and by committing to my work. My remaining comments flow from that work, which ended up bringing me, by a roundabout route, back to the question of the meaning of life.. (shrink)

In his Philosophical Inquiry concerning Human Liberty (1717), the English deist Anthony Collins proposed a complete determinist account of the human mind and action, partly inspired by his mentor Locke, but also by elements from Bayle, Leibniz and other Continental sources. It is a determinism which does not neglect the question of the specific status of the mind but rather seeks to provide a causal account of mental activity and volition in particular; it is a ‘volitional determinism’. Some decades later, (...) Diderot articulates a very similar determinism, which seeks to recognize the existence of “causes proper to man” (as he says in the Réfutation d’Helvétius). The difference with Collins is that now biological factors are being taken into account. Obviously both the ‘volitional’ and the ‘biological’ forms of determinism are noteworthy inasmuch as they change our picture of the nature of determinism itself, but my interest here is to compare these two determinist arguments, both of which are broadly Spinozist in nature – and as such belong to what Jonathan Israel called in his recent book “the radical Enlightenment,” i.e. a kind of underground Enlightenment constituted by Spinozism – and to see how Collins’ specifically psychological vision and Diderot’s specifically biological vision correspond to their two separate national contexts: determinism in France in the mid-1750s was a much more medico-biological affair than English determinism, which appears to be on a ‘path’ leading to Mill and associationist psychology. (shrink)

There are aspects of privacy theory that are analogous to quantum theory. In particular one can define distillable key and key cost in parallel to distillable entanglement and entanglement cost. We present here classical privacy theory as a particular case of information theory with adversaries, where similar general laws hold as in entanglement theory. We place the result of Renner and Wolf—that intrinsic information is lower bound for key cost—into this general formalism. Then we show that the question of whether (...) intrinsic information is equal to key cost is equivalent to the question of whether Alice and Bob can create a distribution product with Eve using I M bits of secret key. We also propose a natural analogue of relative entropy of entanglement in privacy theory and show that it is equal to the intrinsic information. We also provide a formula analogous to the entanglement of formation for classical distributions. (shrink)

How should one understand knowledge-wh ascriptions? That is, how should one understand claims such as ‘‘I know where the car is parked,’’ which feature an interrogative complement? The received view is that knowledge-wh reduces to knowledge that p, where p happens to be the answer to the question Q denoted by the wh-clause. I will argue that knowledge-wh includes the question—to know-wh is to know that p, as the answer to Q. I will then argue that knowledge-that includes a contextually (...) implicit question. I will conclude that knowledge is a question-relative state. Knowing is knowing the answer, and whether one knows the answer depends (in part) on the question. (shrink)

Discovering someone disagrees with you is a common occurrence. The question of epistemic significance of disagreement concerns how discovering that another disagrees with you affects the rationality of your beliefs on that topic. This book examines the answers that have been proposed to this question, and presents and defends its own answer.

In this study of events and their places in our language and thought, Bennett propounds and defends views about what kind of item an event is, how the language of events works, and about how these two themes are interrelated. He argues that most of the supposedly metaphysical literature is really about the semantics of their names, and that the true metaphysic of events--known by Leibniz and rediscovered by Kim--has not been universally accepted because it has been tarred with the (...) brush of a false semantic theory. (shrink)

Bringing these two emergent areas of thought into direct conversation in Before the Law, Cary Wolfe fosters a new discussion about the status of nonhuman animals and the shared plight of humans and animals under biopolitics.

Ichikawa and Jarvis offer a new rationalist theory of mental content and defend a traditional epistemology of philosophy. They argue that philosophical inquiry is continuous with non-philosophical inquiry, and can be genuinely a priori, and that intuitions do not play an important role in mental content or the a priori.

Conditional sentences are among the most intriguing and puzzling features of language, and analysis of their meaning and function has important implications for, and uses in, many areas of philosophy. Jonathan Bennett, one of the world's leading experts, distils many years' work and teaching into this Philosophical Guide to Conditionals, the fullest and most authoritative treatment of the subject. An ideal introduction for undergraduates with a philosophical grounding, it also offers a rich source of illumination and stimulation for graduate (...) students and professional philosophers. (shrink)

My topic is the materialist appropriation of empiricism – as conveyed in the ‘minimal credo’ nihil est in intellectu quod non fuerit in sensu (which interestingly is not just a phrase repeated from Hobbes and Locke to Diderot, but is also a medical phrase, used by Harvey, Mandeville and others). That is, canonical empiricists like Locke go out of their way to state that their project to investigate and articulate the ‘logic of ideas’ is not a scientific project: “I shall (...) not at present meddle with the Physical consideration of the Mind” (Essay, I.i.2, in Locke 1975; which Kant gets exactly wrong in his reading of Locke, in the Preface to the A edition of the first Critique). Indeed, I have suggested elsewhere, contrary to a prevalent reading of Locke, that the Essay is not the extension to the study of the mind of the methods of natural philosophy; that he is actually not the “underlabourer” of Newton and Boyle he claims politely to be in the Epistle to the Reader (Wolfe and Salter 2009, Wolfe 2010). Rather, Locke says quite directly if we pay heed to such passages, “Our Business here is not to know all things, but those which concern our Conduct” (Essay, I.i.6). There would be more to say here about what this implies for our understanding of empiricism (see Norton 1981 and Gaukroger 2005), but instead I shall focus on a different aspect of this episode: how a non-naturalistic claim which falls under what we now call epistemology (a claim about the senses as the source of knowledge) becomes an ontology – materialism. That is, how an empiricist claim could shift from being about the sources of knowledge to being about the nature of reality (and/or the mind, in which case it needs, as David Hartley saw and Denis Diderot proclaimed more overtly, an account of the relation between mental processes and the brain). (David Armstrong, for one, denied that there could be an identification between empiricism and materialism on this point: eighteenth-century history of science seems to prove him wrong: see Armstrong 1968 and 1978.) Put differently, I want to examine the shift from the logic of ideas in the seventeenth century (Locke) to an eighteenth-century focus on what kind of ‘world’ the senses give us (Condillac), to an assertion that there is only one substance in the universe (Diderot, giving a materialist cast to Spinozism), and that we need an account of the material substrate of mental life. This is neither a ‘scientific empiricism’ nor a linear developmental process from philosophical empiricism to natural science, but something else again: the unpredictable emergence of an ontology on empiricist grounds. (shrink)

Davidson's account of weakness of will dependsupon a parallel that he draws between practicaland theoretical reasoning. I argue that theparallel generates a misleading picture oftheoretical reasoning. Once the misleadingpicture is corrected, I conclude that theattempt to model akratic belief on Davidson'saccount of akratic action cannot work. Thearguments that deny the possibility of akraticbelief also undermine, more generally, variousattempts to assimilate theoretical to practicalreasoning.

The boldest and most unsettling of the major early modern philosophers, Spinoza, had a much greater, if often concealed, impact on the international intellectual scene and on the early Enlightenment than philosophers, historians, and political theorists have conventionally tended to recognize. Europe-wide efforts to prevent the reading public and university students learning about Spinoza, the man and his work, in the years immediately after his death in 1677, dominated much of his early reception owing to the revolutionary implications of his (...) thought for philosophy, religion, practical ethics and lifestyle, Bible criticism, and political theory. Nevertheless, contrary to what has sometimes been maintained, his general impact was immediate, very widespread, and profound. One of the main objectives of the book is to show how early and how deeply Leibniz, Bayle, Arnauld, Henry More, Anne Conway, Richard Baxter, Robert Boyle, Henry Oldenburg, Pierre-Daniel Huet, Richard Simon, and Nicholas Steno, among many others, were affected by and led to wrestle with his principal ideas. (shrink)

Students of perception have long puzzled over a range of cases in which perception seems to tell us distinct, and in some sense conflicting, things about the world. In the cases at issue, the perceptual system is capable of responding to a single stimulus — say, as manifested in the ways in which subjects sort that stimulus — in different ways. This paper is about these puzzling cases, and about how they should be characterized and accounted for within a general (...) theory of perception. After rehearsing the sort of case at issue (§1), I’ll examine critically some of the strategies by which philosophers and perceptual psychologists have attempted to account for them (§2). Finally, I’ll present an alternative computational account of the puzzle cases, argue that this view is superior to its competitors, and examine some of its implications (§3). (shrink)

Sensibility, in any of its myriad realms – moral, physical, aesthetic, medical and so on – seems to be a paramount case of a higher-level, intentional property, not a basic property. Diderot famously made the bold and attributive move of postulating that matter itself senses, or that sensibility (perhaps better translated ‘sensitivity’ here) is a general or universal property of matter, even if he at times took a step back from this claim and called it a “supposition.” Crucially, sensibility is (...) here playing the role of a ‘booster’: it enables materialism to provide a full and rich account of the phenomena of conscious, sentient life, contrary to what its opponents hold: for if matter can sense, and sensibility is not a merely mechanical process, then the loftiest cognitive plateaus are accessible to materialist analysis, or at least belong to one and the same world as the rest of matter. This was noted by the astute anti-materialist critic, the Abbé Lelarge de Lignac, who, in his 1751 Lettres à un Amériquain, criticized Buffon for “granting to the body [la machine, a common term for the body at the time] a quality which is essential to minds, namely sensibility.” This view, here attributed to Buffon and definitely held by Diderot, was comparatively rare. If we look for the sources of this concept, the most notable ones are physiological and medical treatises by prominent figures such as Robert Whytt, Albrecht von Haller and the Montpellier vitalist Théophile de Bordeu. We then have, or so I shall try to sketch out, an intellectual landscape in which new – or newly articulated – properties such as irritability and sensibility are presented either as an experimental property of muscle fibers, that can be understood mechanistically (Hallerian irritability, as studied recently by Hubert Steinke and Dominique Boury) or a property of matter itself (whether specifically living matter as in Bordeu and his fellow montpelliérains Ménuret and Fouquet, or matter in general, as in Diderot). I am by no means convinced that it is one and the same ‘sensibility’ that is at issue in debates between these figures (as when Bordeu attacks Haller’s distinction between irritability and sensibility and claims that ‘his own’ property of sensibility is both more correct and more fundamental in organic beings), but I am interested in mapping out a topography of the problem of sensibility as property of matter or as vital force in mid-eighteenth-century debates – not an exhaustive cartography of all possible positions or theories, but an attempt to understand the ‘triangulation’ of three views: a vitalist view in which sensibility is fundamental, matching up with a conception of the organism as the sum of parts conceived as little lives (Bordeu et al.); a mechanist, or ‘enhanced mechanist’ view in which one can work upwards, step by step from the basic property of irritability to the higher-level property of sensibility (Haller); and, more eclectic, a materialist view which seeks to combine the mechanistic, componential rigour and explanatory power of the Hallerian approach, with the monistic and metaphysically explosive potential of the vitalist approach (Diderot). It is my hope that examining Diderot in the context of this triangulated topography of sensibility as property sheds light on his famous proclamation regarding sensibility as a universal property of matter. (shrink)

The revised edition of this highly successful text provides a clear and accessible introduction to some of the most important questions of political philosophy. Organized around major issues, Wolff provides the structure that beginners need, while also introducing some distinctive ideas of his own.

While the idea of philosophy as conceptual analysis has attracted many adherents and undergone a number of variations, in general it suffers from an authority problem with two dimensions. First, it is unclear why the analysis of a concept should have objective authority: why explicating what we mean should express how things are. Second, conceptual analysis seems to lack intersubjective authority: why philosophical analysis should apply to more than a parochial group of individuals. I argue that Hegel’s conception of social (...) ontology, focused on his concept of “ethical life” (Sittlichkeit), helps to explain how concepts (and their explication) have both objective and intersubjective authority in the social domain. Hegel claims that modern institutions are the product of self-conscious purposes, so that they are conceptually constituted. Concepts do not just represent these objects and so depend on a contingent relation to them. As many contemporary social ontologists agree, this means that our concepts of these institutions are uniquely epistemically “transparent.” They have objective authority. Concepts have intersubjective authority in the modern world as well, according to Hegel. However, I show that this feature of Hegel’s account does not rely on the solution to a philosophical problem. Rather, since the concepts of modern ethical life are “essentially contested,” their content depends on the practical and political agreement of modern subjects. This means that concepts can only have objective authority if some prior intersubjective agreement has been reached. The role of philosophy as conceptual analysis is thus importantly dependent on political developments. (shrink)

Epistemic Courage is a timely and thought-provoking exploration of the ethics of belief, which shows why epistemology is no mere academic abstraction - the question of what to believe couldn't be more urgent. Jonathan Ichikawa argues that a skeptical, negative bias about belief is connected to a conservative bias that reinforces the status quo.

A unique and interdisciplinary collection in which scholars from Philosophy join those from Film Studies, English, and Comparative Literature to explore the nature and limits of love through in-depth reflection on particular works of literature and film.

Color provides an instance of a general puzzle about how to reconcile the picture of the world given to us by our ordinary experience with the picture of the world given to us by our best theoretical accounts. The Red and the Real offers a new approach to such longstanding philosophical puzzles about what colors are and how they fit into nature. It is responsive to a broad range of constraints --- both the ordinary constraints of color experience and the (...) more theoretical constraints of color science, psychology, semantics, and ontology. (shrink)

Various scientists and philosophers have heavily criticized what they see as problematic forms of ‘nutritional reductionism’ or ‘nutritionism’ whereby studying food–health interactions at the level of isolated food components produces largely misguided science and misleading interpretations. However, the exact target of these diverse criticisms remains elusive, and its implications are overstated, which may hinder scientific understanding. To better identify the types of flaws supposedly hindering reductionist research, we disentangle three types of reductionist claims to better determine what the debate is (...) about and to propose ways to move it forward. We then present a qualified defence of the reductionist programme that hinges on the ability to identify nutritional causes that make a difference, which we illustrate through central examples in the history of nutrition. This defence is taken further by using insights from the philosophy of mechanisms to analyse how the field of nutritional ecology offers a synthetic framework to explain, generate, and test predictions about nutrient–organism interactions, which is premised on the biological mechanisms of nutrient-specific appetite regulation. The result, which we call ‘synthetic reductionism’, avoids many, though perhaps not all, of the challenges raised by anti-reductionists, and also highlights the potential of reductionism to identify nutritional difference makers. (shrink)

An examination of the philosophy of Anne Conway (1631-1679) and the main aspects of her fascinating work, Principles of the Most Ancient and Modern Philosophy.

Robert Wolfe writes about the nature of the ajata teachings, or the nature of emptiness and absolute reality.

Causal claims are context sensitive. According to the old orthodoxy (Mackie 1974, Lewis 1986, inter alia), the context sensitivity of causal claims is all due to conversational pragmatics. According to the new contextualists (Hitchcock 1996, Woodward 2003, Maslen 2004, Menzies 2004, Schaffer 2005, and Hall ms), at least some of the context sensitivity of causal claims is semantic in nature. I want to discuss the prospects for causal contextualism, by asking why causal claims are context sensitive, what they are sensitive (...) to, and where they are sensitive to it. (shrink)

Questions about the ontology of color matter because colors matter. Colors are extremely pervasive and salient features of the world. Moreover, people care about the distribution of these features: they expend money and effort to paint their houses, cars, and other possessions, and their clear preference for polychromatic over monochromatic televisions and computer monitors have consigned monochromatic models to the status of rare antiques. The apparent ubiquity of colors and their importance to our lives makes them a ripe target for (...) ontological questions such as the following: " • What is the nature of colors? " • Are they, as they seem to be, properties of objects? (shrink)

Ziel dieses Buches ist es, ein Nachdenken (idealerweise eine Diskussion) über ein grundlegendes, methodologisches Problem in der Wissenschaft von der Logistik anzuregen (gelegentlich auch zu provozieren) - ein Problem, über das niemand spricht, obwohl es für die Fortentwicklung dieser Disziplin von grundlegender Bedeutung ist. Dieser Disziplin mangelt es an einer kritischen Reflexion der Erfolgsvoraussetzungen und Grenzen des eigenen Forschens, und das gilt im Grundsatz für alle drei hier beleuchteten Forschungsansätze. Dementsprechend kann eine solche Reflexion auch große Chancen erschließen, für die (...) Wissenschaft und für die Praxis. (shrink)