The case of Twin B involves the decision to send a newborn to a less intensive Level 2 special care nursery (SCN) than to the Level 3 neonatal intensive care unit (NICU) that is considered optimal by the physician. The physician’s acceptance of the transfer is against the child’s best interest and is due to parental convenience. In analyzing the case, we reject the best interest standard. Our rejection is partly supported by the views of Douglas Diekema, John Hardwig, and (...) Lannie Ross. Instead of the best interest standard, we offer and defend an approach we base on a microeconomic analysis of externalities, such as those involved with automobile emissions. This extends our previously presented general microeconomic approach to patient decision-making. It provides a clearer way to evaluate situations, like those of Twin B, in which burdens faced by family members may be used to determine the appropriate level of treatment for a decisionally incapable patient. (shrink)

Moral psychologists have shown that people’s past moral experiences can affect their subsequent moral decisions. One prominent finding in this line of research is that when people make a judgment about the Trolley dilemma after considering the Footbridge dilemma, they are significantly less likely to decide it is acceptable to redirect a train to save five people. Additionally, this ordering effect is asymmetrical, as making a judgment about the Trolley dilemma has little to no effect on people’s judgments about the (...) Footbridge dilemma. We argue that this asymmetry is the result of a difference in how each dilemma affects people’s beliefs about the importance of saving lives. In two experiments, we show that considering the Footbridge dilemma disconfirms these beliefs, while considering the Trolley dilemma does not significantly affect them. Consistent with predictions of sequential learning models, our findings offer a clear and parsimonious account of the asymmetry in the ordering effect. (shrink)

Introduction This article is a response to Zagouras, Ellick, and Aulisio who presented a case study justifying the questioning of the capacity and autonomy of a young woman with a physical disability who was pregnant and facing coercive pressure to terminate. Case description Julia is described as a 26-year-old woman with a neurological disability that requires her to receive assistance with activities of daily living. She was described as living with her parents who provided her with personal care assistance. Julia (...) became pregnant and her parents wished her to terminate because they did not want to care for her child in addition to her. In fact, Julia's parents threatened her with institutionalization if she did not elect to terminate the pregnancy. Her health care team questioned her decision-making capacity based on her alleged “mental age” and experiences of being sheltered and excluded. The health care team used directive tactics to convince Julia to terminate the pregnancy, which describe as both an ethical and feminist intervention. Discussion The current authors take issue with the case analysis provided by and argue that they neglected to account for numerous instances of systemic ableism that adversely affected Julia, demonstrated prejudicial and judgmental attitudes toward pregnancy and disability, inappropriately questioned her decision-making capacity by infantilizing her, misconstrued the feminist concept of relational autonomy, and colluded with coercive interference from family members. This is a classic example of discriminatory and culturally incompetent reproductive health care for a disabled woman. (shrink)

This book is about what makes law possible. A stranger to contemporary legal practice might think such a book unnecessary, but the eight authors of this book share the view that what makes law possible is under siege today. The authors also share the hope that by exploring how law is a humanistic practice that involves whole persons, the siege will be reversed. The pathbreaking work of University of Michigan Law professor Joseph Vining provides the authors' focus for their (...) varied analyses of how law works not through force but, instead, through affinity.Vining's four books and other writings, spanning four decades, reveal the hidden connections by which men and women freely create and sustain a world of meaning through the phenomena we associate with law. Drawing on legal philosophy, theology, musicology, and other humanistic disciplines, the authors join Vining in discovering how law is, as Vining has written, “evidence of view and belief far stronger than academic statement or introspection can provide.” Law as Vining and the other authors reveal it is evidence of our better selves, not of the totalizing and brutalizing selves humans are capable of becoming, sometimes even under cover of law.In addition to the three editors, the book's authors are Joseph Vining, Rev. John McCausland, Hon. John T. Noonan, Jr., Steven Smith, and James Boyd White.Lawyers and all who care about law, the human future, and what human freedom can do to connect person to person as valued will find much to ponder in the chapters of this book. By avoiding jargon and the cliché, the authors follow Vining's lead in illuminating the deep springs of law's vitality and authority. (shrink)

The thesis of the present volume is critical and dual. (1) Present day philosophy of man and sciences of man suffer from the Greek mis taken polarization of everything human into nature and convention which is (allegedly) good and evil, which is (allegedly) truth and fal sity, which is (allegedly) rationality and irrationality, to wit, the polar ization of all fields of inquiry, the natural and social sciences, as well as ethics and all technology, whether natural or social, into the (...) totally positive and the totally negative. (2) Almost all philosophy and sci ences of man share the erroneous work ethic which is the myth of man's evil nature - the myth of the beast in man, the doctrine of original sin. To mediate or to compromise between the first view of human nature as good with the second view of it as evil, sociologists have devised a modified utilitarianism with deferred gratification so called, and the theory of the evil of artificial competition (capitalist and socialist alike) and of keeping up with the Joneses. Now, the mediation is not necessary. For, the polarization makes for abstract errors which are simplistic views of rationality, such as reductionism and positivism of all sorts, as well as for concrete errors, such as the disposition to condemn repeatedly those human weaknesses which are inevitable, namely man's inability to be perfectly rational, avoid all error, etc. , thus setting man against himself as all too wicked. (shrink)

We call A weakly low for K if there is a c such that $K^A(\sigma)\geq K(\sigma)-c$ for infinitely many σ; in other words, there are infinitely many strings that A does not help compress. We prove that A is weakly low for K if and only if Chaitin's Ω is A-random. This has consequences in the K-degrees and the low for K (i.e., low for random) degrees. Furthermore, we prove that the initial segment prefix-free complexity of 2-random reals is infinitely (...) often maximal. This had previously been proved for plain Kolmogorov complexity. (shrink)

There is a need for empirically based research on social and ethical challenges related to informed consent processes, particularly in studies focusing on adolescent sexual and reproductive health. In a pilot study of a school-based pregnancy prevention intervention in rural Zambia, the majority of the guardians who were asked to consent to their daughters’ participation, refused. In this paper we explore the reasons behind the low participation in the pilot with particular attention to challenges related to the community engagement and (...) informed consent process. The pilot was implemented in two schools and examined the acceptability of a package of interventions including economic support to families to keep their girls in school, pocket money for girls, youth club meetings on reproductive health, and community meetings to sensitize the community. Focus group discussions were conducted with girls who participated in the pilot, boys in their class and with parents. Individual semi-structured interviews were conducted with teachers, peer educators and community health workers involved in the coordination of the intervention as well as with religious and traditional leaders. Data were analyzed through thematic analysis. The findings indicate that inadequate use of recognized community communication channels during the community engagement process and dissemination of information about the pilot resulted in limited understanding of the pilot concept by the community. This surfaced through uncertainty and fear that the intervention may result in loss of control over daughters, worries about why money was provided unconditionally to girls, and suspicion of links to satanism. The sense of insecurity appeared to be exacerbated by low literacy levels, poverty, fear of loss of bride wealth, perceived disregard for local perceptions of social status, and scanty trust in the actors implementing the pilot. Inadequate use of locally appropriate channels in the dissemination of information created room for interpretation and facilitated development of mistrust, undermining the conditions for community engagement and actual informed consent. A key lesson learnt is the importance of taking seriously the complexity of local values and structures that may impact people’s capability to consent or not consent to a study in an informed manner. (shrink)

Edmund Husserl EDMUND GUSTAVE ALBRECHT HUSSERL was born in Prossnitz, Moravia, on April 8, 1859. After receiving his secondary education in Vienna, ...

Suppose that one is presented with a report of a miracle as an exception to nature's usual course. Should one believe the report and so come to favour the idea that a god has acted miraculously? Hume argued that no reasonable person should do anything of the kind. Many religiously sceptical philosophers agree with him, and have both defended and developed his reasoning. Some theologians concur or offer other reasons why those who are believers in God should also refuse to (...) accept accounts of miracles as accurate reportage. This book argues to the contrary. For Houston, miracle stories may contribute towards the reasonableness of belief in God, and, appropriately attested, may be accepted by believers in God. To bolster his case he examines historically and intellectually significant writings about the miraculous. And having argued for the rejection of Hume, he explores the implications of this rejection for science, history and theology. (shrink)

La question de la prophétie naturelle et scripturaire a attiré l’attention des chercheurs du monde islamique et de la chrétienté tout au long de la période médiévale. Elle s’inscrivait dans le cadre de la question de l’authenticité et donc de la validité des messages de ceux qui sont considérés comme prophètes dans la tradition musulmane et judéo-chrétienne. L’article commence par un bref résumé des doctrines d’Ibn Sīnā, Mūsā b. Maymūn et Thomas d’Aquin sur la question de la prophétie, suivi d’une (...) identification des questions sur lesquelles ils sont d’accord ou divergent considérablement. Les positions prises par chacun des trois chercheurs ont été fortement influencées par les traditions religieuses auxquelles ils appartenaient. (shrink)

One of the most common critiques of Marx is that he mistook the birth pangs of capitalism for its death throes, on the basis of which he made the completely erroneous prediction of the increasing immiseration of the working class – a critique that rather superficially reduces immiseration to a simple matter of standard of living. The goal of this essay, however, is to expose the corporeal depths of Marx's notion of immiseration, and, in so doing, to show that immiseration (...) is by no means a long-since disappeared attribute of early capitalism. To do so, I reread the chapters on surplus-value in Capital by following the corporeal leitmotifs suggested in Franz Kafka's short story, 'In the Penal Colony'. Kafka's narration of the condemned learning the meaning of his fate through the corporeal experience of wounding evokes Marx's very graphic narration in Capital of workers experiencing exploitation and immiseration on their own bodies. Raising themes found later in Kafka's narrative, Marx tells of the arranging of the entire workplace 'under the command of capital', of the design and employment of technology both to secure that command and to extract surplus-value; and he shows how capital, like Kafka's torture machine, writes its messages on the body of labour in a script not immediately decipherable by observers. The history that Marx tells in Capital is less graphic in form than Kafka's, but it is in content at least as fantastic and horrific – perhaps even more so. Their common concern with machines painfully inscribing bodies helps to highlight the corporeal dimension of Marx's concept of immiseration. (shrink)

This book, first published in 1991, offers an integrative approach to the study of formal models in the social and behavioural sciences. The theory presented here unifies both the representation of the social environment and the equilibrium concept. The theory requires that all alternatives that are available to the players be specified in an explicit and detailed manner, and this specification is defined as a social 'situation'. A situation, therefore, not only consists of the alternatives currently available to the players, (...) but also includes the set of opportunities that might be induced by the players from their current environment. The theory requires that all recommended alternatives be both internally and externally stable; the recommendation cannot be self-defeating and, at the same time, should account for alternatives that were not recommended. In addition to unifying the representation and the solution concept, the theory also extends the social environments accommodated by current game theory. (shrink)

The International Bill of Rights enshrines a right to health, which includes a right to access essential medicines. This right frequently appears to conflict with the intellectual property regime that governs pharmaceutical patents. However, there is also a human right that protects creative works, including scientific productions. Does this right support intellectual property protections, even when they may negatively affect health? -/- This article examines the recent attempt by the Committee on Economic, Social and Cultural Rights to resolve this issue (...) and argues that it fails. This is problematic because it means defenders of the present patent regime can continue using human rights documents to support their position. I offer a new framework for resolving the problem by examining the values that underlie human rights. (shrink)

I apply the Method of Phenomenal Contrast to examples involving aesthetic experience and sensory illusion. While the method can provide reasons to prefer one form of content hypothesis over others, it may be of no help in answering substantive questions about the nature and structure of such content. I suggest that successful application of the method can leave us with a difficult question. Why would a sensory system have the function of representing a property that it cannotdetect?

This paper discusses the relationship between Kantian idealism and Marxian materialism. Part I examines the reasons this relationship is misconstrued to be predominantly a matter of practical philosophy and turns to the neglected works of Alfred Sohn-Rethel and Richard Seaford to outline the importance of money for understanding Kant’s theoretical work. Part II considers an objection that Kant confuses the commodity form for the transcendental object of experience. I am ultimately concerned with defusing the accusation that the identity of the (...) commodity with a Kantian thing renders Kantian idealism “bourgeois” in the pejorative sense. Money is implicated, historically and conceptually, in the very intelligibility of metaphysics. In that case, Kantian idealism and Marxian materialism are two sides of the same coin. (shrink)

ספר ויקרא, או תורת כוהנים, נראה היום פחות מעניין מאשר ספרי-קודש אחרים, כי הוא ספר מצוות - הוא כולל כארבעים אחוז מכל תרי"ג המצוות - ואף במידה רבה מצוות שאינן בתוקף מאז חורבן בית-המקדש. אך יש בו עניין, שכן הוא מוכר כספר השלם ביותר מבחינת סגנונו ותכנו, ואולי אף בכך שעריכתו כנראה עתיקה ביותר - לא לדעת דון יצחק אברבנאל, שכן הוא לא הטיל בספק כי תורה נתנה למשה מפי הגבורה - אמנם לא בסיני אך בכל-זאת למשה מפי הגבורה. החוקרים (...) המתעלמים מדעה זו.. (shrink)

The following is a prominent version of the causal theory of reference, held by certain moral philosophers and philosophers of science: (CTR) A general term 'T' rigidly designates a property F iff the use of 'T' by competent users of the term is causally regulated by F. In a series of papers, Terence Horgan and Mark Timmons present a thought experiment our intuitive responses to which provide evidence against (CTR). The present essay goes beyond Horgan and Timmons by offering a (...) metaphysical argument, according to which (CTR) implies the denial of any normative ethical theory. (shrink)

Technological advancements, especially with regard to enhancements of human capacities and powers, have instigated a collision between opposing views of the human person. I begin with the premise that the predominant classical view of the human person attained its clearest and most cogent expression in the philosophy of Thomas Aquinas and can be termed the theory of the homo integralis. The human person is, for Thomas, the integrated being par excellence: he is a union of the material (body) and the (...) immaterial (soul); his freedom is guided by a normative nature; he is himself a product of and participant in nature; he is a member of a common species from which he draws his identity; and he balances the needs of his embodied state with a recognition that his existence is not limited to it. Due to the philosophical and technological revolutions of the modern period, themselves an outgrowth perhaps of earlier attitudes, a contrasting view of the human person emerged: the homo technologicus. Technological man, unlike his classical predecessor, is marked by fundamental disintegration: he is divided in himself, between mind and body; he is dissociated from a normative human nature; he is divided from nature itself as he sets himself against it through technological means; he is divided from the human community in radical, self-determining autonomy; and he is severed from any sense of transcendent purpose or value aside from that which can be attained through his own powers, technological or otherwise. By recovering a sense of the homo integralis as articulated by Thomas Aquinas, a fresh appraisal of contemporary issues regarding the human relationship to technology, human capacities and powers as evaluated by movements like transhumanism, and ultimately, human meaning and value, is made possible and is shown to provide a consistent and appealing rejoinder to the disintegrated vision of man that emerges in a technologized world. (shrink)

There is a certain conventional interpretation of Aristotle's argument, in Metaphysics Λ.7, for the identification of the first unmoved mover as God, according to which that argument has the following outline.

It has been many years since the Classical notion of an objective, determinate account of the human good, applicable to all people, has played the central role in most moral theories. One contribution to this decline has been the Kantian belief that one cannot say what happiness is. Kant thinks that happiness is a purely empirical concept and is therefore dependent on contingent, unpredictable objects and states of affairs.

Dissertation without tears By Joseph Agassi Tel-Aviv University 1. Perfectionism is the loss of the sense of proportion. 2. Perfectionism in education is pedantry and obstruction. 3. Pedantry expels traditional writing techniques. 4. There are many ways to write a scientific study. 5. The best and easiest writing formula is the dialectic. 1. Perfectionism is the loss of the sense of proportion.

Then it agrees or disagrees with what he says, as needed, for reasons of various sorts, whether philosophical, theological, scientific, historical, etc. - of whatever sort, just so long as they are relevant and cogent; to do these things as well as possible, if only in a small way - pro nostro modulo, as Aquinas puts it, in describing what he intends to do as the author of the Summa Contra Gentiles.