Everyday lookism, by which I mean the widespread practice of commenting upon and judging the appearance of others, is often regarded as morally troubling. But when, and why, is it morally problemat...

In this paper I argue that I argue that motivational internalism should not be driving metaethics. I first show that many arguments for motivational internalism beg the question by resting on an illicit appeal to internalist assumptions about the nature of reasons. Then I make a distinction between weak internalism and the weakest form of internalism. Weak internalism allows that agents fail to act according to their normative judgments when they are practically irrational. I show that when we clarify the (...) notion of practical irrationality it does not support motivational internalism. Weakest internalism only claims that agents are irrational if they entirely lack motiv- ation to do what they judge they ought to. I do not argue against weakest internalism, but I argue that it is not an important view. (shrink)

I argue that motivational internalism should not be driving metaethics. I first show that many arguments for motivational internalism beg the question by resting on an illicit appeal to internalist assumptions about the nature of reasons. Then I make a distinction between weak internalism and the weakest form of internalism. Weak internalism allows that agents fail to act according to their normative judgments when they are practically irrational. I show that when we clarify the notion of practical irrationality it does (...) not support motivational internalism. Weakest internalism only claims that agents are irrational if they entirely lack motivation to do what they judge they ought to. I do not argue against weakest internalism, but I argue that it is not an important view. (shrink)

Despite appeals to Hume in debates over moralism in art criticism, we lack an adequate account of Hume’s moralist aesthetics, as presented in “Of the Standard of Taste.” I illuminate that aesthetics by pursuing a problem, the moral prejudice dilemma, that arises from a tension between the “freedom from prejudice” Hume requires of aesthetic judges and what he says about the relevance of moral considerations to art evaluation. I disarm the dilemma by investigating the taxonomy of prejudices by which Hume (...) justifies the true judge’s moralism. The result distinguishes Hume’s aesthetic and moral points of view while defending aesthetic moralism. (shrink)

Investigations into ethical judgments generally seem fuzzy as to the relevant research domain. We first attempted to clarify the construct and determine domain parameters. This attempt required addressing difficulties associated with pinpointing relevant literature, most notably the varied nomenclature used to refer to ethical judgments (individual evaluations of actions’ ethicality). Given this variation in construct nomenclature and the difficulties it presented in identifying pertinent focal studies, we elected to focus on research that cited papers featuring prominent and often-used measures of (...) ethical judgments (primarily, but not exclusively, the Multidimensional Ethics Scale). Our review of these studies indicated a preponderance of inferences and conclusions unwarranted by empirical evidence (likely attributable at least partly to inconsistent nomenclature). Moreover, ethical judgments related consistently to few respondent characteristics or any other variables, emergent relationships may not always be especially meaningful, and much research seems inclined to repetition of already verified findings. Although we concluded that knowledge about ethical judgments seems not to have advanced appreciably after decades of investigation, we suggested a possible path forward that focuses on the content of what is actually being judged as reflected in the myriad of vignettes used in the literature to elicit judgments. (shrink)

In August, Amnesty International and the World Medical Association expressed concern at reports that a judge in Saudi Arabia had asked several hospitals in the country whether they could perform an operation to damage a man's spinal cord as punishment for attacking another man and leaving him paralysed. The man had already been sentenced to seven months imprisonment for the crime, the injured victim requested the further sentence under Sharia Law, which is strictly enforced across Saudi Arabia. According to (...) reports, one of the hospitals approached declined on ethical grounds. Another hospital stated that it was possible to damage the spinal cord in the way requested, but that the procedure would have to be done at a specialised hospital. 1In its statement, Amnesty International urged the authorities not to carry out the sentence, which it argued would be a grave violation of international human rights law and contravene the United Nations convention against Torture, to which Saudi Arabia is a state party. 2 The WMA expressed its support for the physicians who refused to carry out the request by the Saudi court, participation in which would constitute a severe breach of medical ethics. 3 The WMA reminded doctors that the Declaration of Tokyo clearly states that no physician should participate in the practice of torture or any other forms of cruel, inhuman or degrading procedures, whatever the offence of which the victim of such procedures is suspected, accused or guilty of. The Declaration also includes a prohibition of participation in the planning or advising for such a procedure. NHS white paperIn July 2010 the government published a White Paper outlining its plans to transform the delivery of National Health Services in England. 4 The White Paper has been described as ‘one of the biggest shake ups of the health system …. (shrink)

The High Court is taking an increasingly important role in shaping the contours of democracy in Australia. In deciding fundamental democratic questions, does the Court pursue a consistent and overarching democratic vision? Or are its decisions essentially constrained by institutional and practical limitations? Judging Democracy, first published in 2000, addresses this question by examining the Court's recent decisions on human rights, citizenship, native title and separation of powers. It represents the first major political and legal examination of the Court's new (...) jurisprudence and the way it is influencing democracy and the institutions of governance in Australia. A foreword to the book has been written by the former Chief Justice of the High Court, Sir Anthony Mason. (shrink)

Inside the Constitutional Court of South Africa hangs Judith Mason’s artwork, entitled The Man Who Sang and the Woman Who Kept Silent, more commonly known as The Blue Dress. Mason created the artwork to commemorate Phila Ndwandwe and Harold Sefola after hearing testimony from the perpetrators of their deaths at the South African Truth and Reconciliation Commission (TRC). In this article I explore how The Blue Dress contributes to the reimagining of human rights culture in South Africa in (...) three key ways. First, the artwork is a symbolic reparation that recognizes the harm suffered under apartheid. Second, the artwork is an alternative record of women’s experiences of sexual violence; experiences which are largely absent from the official TRC record. Third, the artwork is a form of judicial consciousness which keeps the past alive so that a different future can be imagined. I argue that The Blue Dress instantiates an “ethics of responsibility” in post-apartheid human rights discourse. That is, the responsibility to remember past violations of human rights in order to prevent future ones and the responsibility to recognize past triumphs of human rights in order to support future ones. The article draws on seven months of participant observation fieldwork at the Court, which included fifty-four interviews with judges, clerks, staff members, advocates, artists, curators, and visitors, as well as visual and archival research. (shrink)

Far more than the dialectic philosophy of Socrates, the rhetorical humanist tradition avoids objectivist epistemology, charts a traversable path to practical wisdom, and aptly highlights the importance of aesthetic style. In those and other ways, we argue, it offers a preferable historical basis for today’s philosophical counseling. Advocates of that contemporary practice tend to cite Socrates as its historical progenitor and favor the narrow propositional logic that is ascribed to him. Some practitioners, though, have also grown more attuned to metaphorical (...) and narrative elements in a client’s worldview. We aim to supplement their claims by drawing from principles of classical rhetorical theory, showing a way to rethink the practice of philosophical counseling today. (shrink)

ABSTRACT Aristotle says in the Rhetoric that leading judges into passions is like warping a rule or kanon before using it. Rather than seeing this as an exclusion of emotion from rhetoric, I argue that the ability for the pathe to bend judgment has its appropriate use in achieving equity. The pathe are themselves a kanon, resembling the soft, leaden rule used by Lesbian masons, referred to in his discussion of equity in the Nicomachean Ethics. In problematic cases, the rigidity (...) of law requires the correction of a judge's pathetic capacity. I then read Lysias's Against Simon, a speech given under strict relevancy requirements, to show how the pathe are used in the narration of the accused party in seeking an equitable judgment. I conclude with how such a view may inform contemporary rhetorical inquiry on the emotions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rhetoric and PhilosophyMartin WarnerPeter Ramus continues to muddy the waters where philosophers meet rhetoric. Aristotle defined rhetoric in terms of the modes of persuasion as an independent discipline, the counterpart of dialectic. Ramus’s sixteenth century revision of the intellectual map reclassified it as at best an adjunct of dialectic, to be conceived in terms of elocutio and pronunciatio, an approach that in the English-speaking world led to its reduction (...) to mere ornamentation—the application of figures and tropes—opening the way to Stoppard’s (anachronistic) debasement: 1Guildenstern: What in God’s name is going on?Rosencrantz: Foul! No rhetoric. Two-one.Both approaches are current, which makes for confusion. Two characteristic examples will suffice. The approach to rhetoric of Jeff Mason’s Philosophical Rhetoric is broadly Aristotelian but Roger Crisp’s review criticizes the book on the ground that “some philosophers just do not employ rhetorical techniques,” techniques which are broadly identified with the figures and tropes. Similarly, my own introduction to The Bible as Rhetoric opens by defining rhetoric in Aristotelian terms, but the Times Literary Supplement reviewer—evidently a closet Ramist—takes one of my contributors to task for using the word “rhetoric” in his title but providing “very little in the way of an examination of... linguistic features.” 2These examples illustrate the way two main conceptions of rhetoric appear to be at play when philosophers discuss the topic; one is concerned with the means of persuasion, the other with qualities of [End Page 106] style. Of course these cannot always easily be separated, for it may be that certain qualities of style figure prominently among the available means of persuasion, but a useful test of the conception an individual has of the topic may be judged by how he or she reacts to the (deliberately provocative) opening sentence of my introduction to The Bible as Rhetoric: “Rational argument is one of the most effective rhetorical modes we know.” Mason’s conception of the “plain style” of the philosophical logicians as rhetorical style fits this Aristotelian approach well, but for the more Ramist Crisp such examples are “unlikely candidates” for rhetorical status and Mason’s conception “forced.” So it may be as well to consider contemporary work on the philosophy/rhetoric borderline under two heads: the Ramist and the Aristotelian. But that borderline itself invites a further distinguo; philosophical analysis of rhetoric and rhetorical analysis of philosophy, though this distinction, too, is not absolute. This gives us a convenient set of quadrants, so for expository purposes I shall consider the contemporary relations between rhetoric and philosophy under four main heads.First, philosophical analysis of “rhetoric” understood in a stylistic or Ramist sense. Here the most significant work has been on metaphor, conceived as a “trope,” and related rhetorical devices. Whereas with “figures” the meaning of each individual word remains the same inside the figure as outside it, with the trope the matter is different. Quintilian defined a “trope” (or “turn”) as “the artistic alteration of a word or phrase from its proper meaning (significatione) to another,” 3 which suggests that use can determine meaning—and with this claim we are at the heart of a philosophical storm centre.It is conventional to distinguish between syntax (the study of formal relationships between expressions), semantics (in the narrower sense, as the study of the relations between linguistic items and the non-linguistic items to which they typically apply), and pragmatics (the study of the relations between linguistic expressions and the use or users of these expressions). One very powerful strand in contemporary philosophy of language sees matters concerning meaning and truth as analyzable in terms of the first two categories without any essential reference to linguistic use or users. Behind this lies a history going back at least to the Enlightenment project of a universal language or “character” in which each word would relate to a different idea and the syntax be transparent; Leibniz’s logical work was in part intended as a contribution to the syntax of the universal character, and although the semantics proved intractable, the logical positivist movement—with post-Leibnizian [End Page 107] logical syntax providing the framework within which... (shrink)

This paper argues for continuity in purpose and specific results between some hand drawn nebulae, especially those ‘descriptive maps’ by John F. W. Herschel and E. P. Mason in the late 1830s, and the first photographs made of the nebulae in the 1880s. Using H. H. Turners’ explication in 1904 of the three great advantages of astrophotography, the paper concludes that to some extent Herschel’s and Mason’s hand-drawings of the nebulae were meant to achieve the same kinds of (...) results. This is surprising not only because such drawings were conceived and achieved over forty-years earlier, but also because the procedures used in the production of these pictorially and metrically rich images were those directly inspired by cartography, geodesy, and land-surveying. Such drawings provided the standard for what was depicted, expected and aimed at by way of successful representations of the nebulae; standards that seemed to have been used to judge the success of nebular photographs. Being conditions of expectation and possibility for later photography, these drawings were themselves made possible by such techniques of representation and measurement as isolines and triangulation, so fundamental to Imperial and ‘Humboltian science.’Keywords: Ebenezer Porter Mason; Cartography; Draughtsmanship; Observation; Scientific Representation; Philosophy of Scientific Practice. (shrink)

A historical survey of the inheritance practices of farming families in North America and elsewhere indicates that resource allocations among children differed through time and space with regard to sex bias and equality. Tensions between provisioning all children and maintaining a productive economic entity (the farm) were resolved in various ways, depending on population pressures, the family’s relative resource level, and the number and sex of children.Against a backdrop of generalized son preference, parents responded to ecological circumstances by investing in (...) offspring differentially within and between the sexes. Vesting the preponderance of family resources in one heir increased the likelihood of at least one line surviving across several generations, whereas varying degrees of parental investment in emigrating sons or out-marrying daughters might yield boom or bust harvests of grandchildren according to circumstances in more remote locales. Primogeniture (eldest son as primary heir) allowed early identification of heirs and appropriate socialization, as well as more time for parents to contribute to the heir’s reproductive success. Son bias and unigeniture decreased as numbers of children per family declined, as land became less critical to economic success, and as legal changes improved the resource-holding potential of females. We suggest that changing ecological conditions affected parental decisions regarding resource allocation among children at least as much as did changing ideologies of parent-child relations. (shrink)

BackgroundAmidst expanding roles in education and policy making, questions have been raised about the ability of Clinical Ethics Committees (CEC) s to carry out effective ethics consultations (CECons). However recent reviews of CECs suggest that there is no uniformity to CECons and no effective means of assessing the quality of CECons. To address this gap a systematic scoping review of prevailing tools used to assess CECons was performed to foreground and guide the design of a tool to evaluate the quality (...) of CECons.MethodsGuided by Levac et al’s (2010) methodological framework for conducting scoping reviews, the research team performed independent literature reviews of accounts of assessments of CECons published in six databases. The included articles were independently analyzed using content and thematic analysis to enhance the validity of the findings.ResultsNine thousand sixty-six abstracts were identified, 617 full-text articles were reviewed, 104 articles were analyzed and four themes were identified – the purpose of the CECons evaluation, the various domains assessed, the methods of assessment used and the long-term impact of these evaluations.ConclusionThis review found prevailing assessments of CECons to be piecemeal due to variable goals, contextual factors and practical limitations. The diversity in domains assessed and tools used foregrounds the lack of minimum standards upheld to ensure baseline efficacy.To advance a contextually appropriate, culturally sensitive, program specific assessment tool to assess CECons, clear structural and competency guidelines must be established in the curation of CECons programs, to evaluate their true efficacy and maintain clinical, legal and ethical standards. (shrink)

Update on donation of bodily material in the UKIn March 2010, the Human Tissue Authority announced that the first pooled kidney transplants, each involving three living donors and three recipients, had been performed in the UK. 1 While the vast majority of living donor transplants take place between people who are genetically related or are otherwise emotionally close, the Human Tissue Act 2004 introduced greater flexibility, permitting, for example, altruistic, paired and pooled donation. The HTA commented that these types of (...) donation represent one in three of all kidney transplants in the UK. Under the system of paired and pooled donation, in which someone needs a donor organ and has a friend or relative willing to donate, but the two are not compatible with each other, they can pair up with one or more other incompatible donor and recipient pairs in an organ exchange. In paired donation, donor A gives an organ to recipient B and donor B gives to recipient A; in pooled donation, more than two donor–recipient pairs take part in an organ exchange, coordinated by the HTA . Under the human tissue legislation, all cases of paired and pooled donation need to be considered by an independent assessor and approved by a panel of at least three members of the HTA, to ensure that all parties fully understand the risks involved and the donors are not under any pressure to donate.The first pooled transplant took place late in 2009, and was followed shortly afterwards by a second. Several paired living kidney transplants, involving two couples, had already taken place, however, with 16 such transplants going ahead between 1 April 2008 and 31 March 2009. Also in March 2010, a …. (shrink)

We examine the relationship between birth order and reproductive behaviors in a sample of Australian residents, accounting for personality, personal achievements, and family structure. Using generalized linear models and survival analyses we build predictive models for each reproductive measure and test those models on an independent data subset. Compared with functional firstborns (middle-borns more than 5 years younger than their next older sibling), male middle-borns and last-born females had younger ages of first sexual intercourse, and middle-born females had a younger (...) age at first pregnancy. There was no difference in females’ age at first birth. Male middle-borns tended to have an older average age at first birth. Controlling for age, both male and female middle-borns had fewer children. Overall, middle-borns differ more from functional firstborns than do last-borns. Given the significant but small effect sizes demonstrated in this study, we suggest that developmental characteristics that may facilitate middle-borns’ success within the natal family carry slight fitness costs during the reproductive years. (shrink)

When we look around us, some things look “alive,” others do not. What is it to “look alive”—to perceive animacy? Empirical work supports the view that animacy is genuinely perceptual. We should construe perception of animacy as perception of agents and behavior. This proposal explains how static and dynamic animacy cues relate, and explains how animacy perception relates to social cognition more broadly. Animacy perception draws attention to objects that are apt to be well‐understood folk psychologically, enabling us to marshal (...) our folk psychological resources efficiently. (shrink)

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention, and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of legal preparedness: laws and legal authorities; competency in using those laws; and coordination of law-based public health actions; and information.This action agenda offers options for consideration by those responsible for (...) or interested in ensuring that public health professionals, their legal counsels, and relevant partners understand the legal framework in which they operate and are competent in applying legal authorities to public health emergency preparedness.Competencies are critical to an individual's ability to make effective legal response to all-hazards public emergencies. (shrink)

I defend a novel view of how social kinds (e.g., money, women, permanent residents) depend on our mental states. In particular, I argue that social kinds depend on our mental states in the following sense: it is essential to them that they exist (partially) because certain mental states exist. This analysis is meant to capture the very general way in which all social kinds depend on our mental states. However, my view is that particular social kinds also depend on our (...) mental states in more specific ways—some of them causal, others metaphysical. I defend a minimal but metaphysically important notion of essence—one that takes as primary that the essential properties of a kind constitute its identity—and argue that this minimal notion of essence is all that is needed to vindicate my claim that social kinds are essentially mind-dependent. (shrink)

The view that social kinds (e.g., money, migrant, marriage) are mind-dependent is a prominent one in the social ontology literature. However, in addition to the claim that social kinds are mind-dependent, it is often asserted that social kinds are not real because they are mind-dependent. Call this view social kind anti-realism. To defend their view, social kind anti-realists must accomplish two tasks. First, they must identify a dependence relation that obtains between social kinds and our mental states. Call this the (...) Dependence Task. Second, they must show that social kinds are not real because they are mind-dependent. Call this the Anti-Realist Task. In this paper, I consider several different ways of defining the relation that is supposed to obtain between social kinds and our mental states. With respect to each relation, I argue that either it fails to accomplish the Dependence Task, or it fails to accomplish the Anti-Realist Task. As such, anyone who wishes to defend social kind anti-realism must provide an alternative explanation of how social kinds depend on our mental states in a way that impugns their reality. In the absence of such an explanation, there is no reason to endorse social kind anti-realism. (shrink)

Many recent philosophers have been tempted by epistemic partialism. They hold that epistemic norms and those of friendship constitutively conflict. In this paper, I suggest that underpinning this claim is the assumption that friendship is not an epistemically rich state, an assumption that even opponents of epistemic partiality have not questioned. I argue that there is good reason to question this assumption, and instead regard friendship as essentially involving knowledge of the other. If we accept this account of friendship, the (...) possibility of epistemic partialism does not arise. (shrink)