In my contribution to this volume, I (BHS) comment on on the stultifying rhetoric of contemporary analytic moral theory as illustrated in Judith Jarvis Thomson's Tanner Lectures, with particular reference to Thomson's anxieties about the moral relativism exhibited by college freshman and to her efforts--quite strained, in my view, and inevitably unsuccessful--to demonstrate the existence of objective judgments in matters of morality and taste .

Incisively and stylishly written, this book constitutes an open challenge to reconsider the fundamental question of the relationship of law to society.

In this paper, we review recent neuroimaging investigations of disorders of consciousness and different disciplines' understanding of consciousness itself. We consider potential tests of consciousness, their legal significance, and how they map onto broader themes in U.S. statutory law pertaining to advance directives and surrogate decision-making. In the process, we outline a taxonomy of themes to illustrate and clarify the variance in state-law definitions of consciousness. Finally, we discuss broader scientific, ethical, and legal issues associated with the advent of neuroimaging (...) for disorders of consciousness and conclude with policy recommendations that could help to mitigate confusion in this realm. (shrink)

Natural law has long been considered the traditional source of Roman Catholic canon law. However, new scholarship is critical of this approach as it portrays the Catholic Church as static, ahistorical, and insensitive to cultural change. In its attempt to stem the massive loss of effectiveness being experienced by canon law, the church has to reconsider its theory of legal foundation, especially its natural law theory. Church Law in Modernity analyses the criticism levelled at the church and puts forward solutions (...) for reconciling church law with modernity by revealing the historical and cultural authenticity of all law, and revising the processes of law making. In a modern church, there is no way of thinking of the law without the participation of the faithful in legislation. Judith Hahn therefore proposes a reformed legislative process for the church in the hope of reconciling the natural law origins of church law with a new, modern theology. (shrink)

Breaking off the ordinary flow of experience, the passions create a state of exception. In their suddenness and intensity, they map a personal world, fix and qualify our attention, and impel our actions. Outraged anger drives us to write laws that will later be enforced by impersonal justice. Intense grief at the death of someone in our life discloses the contours of that life to us. Wonder spurs scientific inquiry. The strong current of Western thought that idealizes a dispassionate world (...) has ostracized the passions as quaint, even dangerous. Intense states have come to be seen as symptoms of pathology. A fondness for irony along with our civic ideal of tolerance lead us to prefer the diluted emotional life of feelings and moods. Demonstrating enormous intellectual originality and generosity, Philip Fisher meditates on whether this victory is permanent-and how it might diminish us. From Aristotle to Hume to contemporary biology, Fisher finds evidence that the passions have defined a core of human nature no less important than reason or desire. Traversing the Iliad, King Lear, Moby Dick, and other great works, he discerns the properties of the high-spirited states we call the passions. Are vehement states compatible with a culture that values private, selectively shared experiences? How do passions differ from emotions? Does anger have an opposite? Do the passions give scale, shape, and significance to our experience of time? Is a person incapable of anger more dangerous than someone who is irascible? In reintroducing us to our own vehemence, Fisher reminds us that it is only through our strongest passions that we feel the contours of injustice, mortality, loss, and knowledge. It is only through our personal worlds that we can know the world. (shrink)

This new and expanded edition of The Logic of Real Arguments explains a distinctive method for analysing and evaluating arguments. It discusses many examples, ranging from newspaper articles to extracts from classic texts, and from easy passages to much more difficult ones. It shows students how to use the question 'What argument or evidence would justify me in believing P?', and also how to deal with suppositional arguments beginning with the phrase 'Suppose that X were the case.' It aims to (...) help students to think critically about the kind of sustained, theoretical arguments which they commonly encounter in the course of their studies, including arguments about the natural world, about society, about policy, and about philosophy. It will be valuable for students and their teachers in a wide range of disciplines including philosophy, law and the social sciences. (shrink)

This new and expanded edition of The Logic of Real Arguments explains a distinctive method for analysing and evaluating arguments. It discusses many examples, ranging from newspaper articles to extracts from classic texts, and from easy passages to much more difficult ones. It shows students how to use the question 'What argument or evidence would justify me in believing P?', and also how to deal with suppositional arguments beginning with the phrase 'Suppose that X were the case.' It aims to (...) help students to think critically about the kind of sustained, theoretical arguments which they commonly encounter in the course of their studies, including arguments about the natural world, about society, about policy, and about philosophy. It will be valuable for students and their teachers in a wide range of disciplines including philosophy, law and the social sciences. (shrink)

How should we live? What do we owe to other people? In Goodness and Advice, the eminent philosopher Judith Jarvis Thomson explores how we should go about answering such fundamental questions. In doing so, she makes major advances in moral philosophy, pointing to some deep problems for influential moral theories and describing the structure of a new and much more promising theory. Thomson begins by lamenting the prevalence of the idea that there is an unbridgeable gap between fact and (...) value--that to say something is good, for example, is not to state a fact, but to do something more like expressing an attitude or feeling. She sets out to challenge this view, first by assessing the apparently powerful claims of Consequentialism. Thomson makes the striking argument that this familiar theory must ultimately fail because its basic requirement--that people should act to bring about the "most good"--is meaningless. It rests on an incoherent conception of goodness, and supplies, not mistaken advice, but no advice at all. Thomson then outlines the theory that she thinks we should opt for instead. This theory says that no acts are, simply, good: an act can at most be good in one or another way--as, for example, good for Smith or for Jones. What we ought to do is, most importantly, to avoid injustice; and whether an act is unjust is a function both of the rights of those affected, including the agent, and of how good or bad the act is for them. The book, which originated in the Tanner lectures that Thomson delivered at Princeton University's Center for Human Values in 1999, includes two chapters by Thomson ("Goodness" and "Advice"), provocative comments by four prominent scholars--Martha Nussbaum, Jerome Schneewind, Philip Fisher, and Barbara Herrnstein Smith--and replies by Thomson to those comments. (shrink)

In The Realm of Rights Judith Thomson provides a full-scale, systematic theory of human and social rights, bringing out what in general makes an attribution of ...

Two decades of research on euthanasia in the Netherlands have resulted into clear insights in the frequency and characteristics of euthanasia and other medical end-of-life decisions in the Netherlands. These empirical studies have contributed to the quality of the public debate, and to the regulating and public control of euthanasia and physician-assisted suicide. No slippery slope seems to have occurred. Physicians seem to adhere to the criteria for due care in the large majority of cases. Further, it has been shown (...) that the majority of physicians think that the euthanasia Act has improved their legal certainty and contributes to the carefulness of life-terminating acts. In 2005, eighty percent of the euthanasia cases were reported to the review committees. Thus, the transparency envisaged by the Act still does not extend to all cases. Unreported cases almost all involve the use of opioids, and are not considered to be euthanasia by physicians. More education and debate is needed to disentangle in these situations which acts should be regarded as euthanasia and which should not. Medical end-of-life decision-making is a crucial part of end-of-life care. It should therefore be given continuous attention in health care policy and medical training. Systematic periodic research is crucial for enhancing our understanding of end-of-life care in modern medicine, in which the pursuit of a good quality of dying is nowadays widely recognized as an important goal, in addition to the traditional goals such as curing diseases and prolonging life. (shrink)

In the Critique of the Power of Judgment, Kant calls purposiveness the “lawfulness of the contingent”. I argue that this should be interpreted not as lawfulness assumed in order to remove unacceptable mechanical indeterminacy, but rather as an additional kind of lawfulness which, in the case of organisms, inexplicably coincides with mechanical determination. Schelling adapts Kant’s notion of natural purposiveness in his own conception of the relation between mechanism and organism. He states in his 1798 work, On the World Soul, (...) that nature is “lawless in its lawfulness, and lawful in its lawlessness”. This should be interpreted similarly: there is a coincidence of two orders of lawfulness in nature. However, while Kant maintains that the coincidence or unity of these two orders is inexplicable for beings like us, Schelling explains the unity by assigning these laws to distinct levels of operation in nature. Organic organization is generated by a second-order operation of an organic principle on the first-order mechanical forces that are characteristic of matter. Schelling thereby builds on Kant’s third Critique framework in a creative way in order to offer a more fully unified account of nature. In this account, mechanism and organism maintain distinct roles but are both grounded in a further, higher principle. (shrink)

In a clear and accessible way, the author highlights the relationship between law and ethics explaining how, if and when they overlap and how they diverge. Written in a non-technical, comprehensible and concise style, this topical text presents information and then encourages the reader to work through the differences and similarities between law and ethics. It teases out comparisons and examines how the 'moral' approach differs from the 'legal' one. Case studies at the beginning of each chapter demonstrate scenarios that (...) health professionals may face in day-to-day practice. These are then developed with a theoretical discussion of the legal and ethical issues they reflect. (shrink)

Provides an insight into the general principles of the professional-patient relationship.

Recent studies indicate that patients who are diagnosed with vegetative states may retain more awareness than their clinical assessments suggest. Disorders of consciousness traditionally have been diagnosed on the basis of outwardly observable behaviors alone, but new functional imaging studies have shown surprising levels of brain activity in some patients, indicating that even higher-level cognitive functions like language processing and visual imagery may be preserved. For example, one recently developed method purports to detect voluntary mental imagery solely on the basis (...) of neural response patterns observed with functional magnetic resonance imaging. This line of research has already led to some widely reported cases of patients who were discovered to have more brain activity than expected. In November 2009, Rom Houben, a Belgian man who was thought to be in a coma for 23 years, was diagnosed with locked-in syndrome through the use of neuroimaging; however, that assessment was later overturned by further testing. (shrink)

An introductory level text designed to explain and review basic ideas concerning the role of law in society. Assuming no previous knowledge of the field, the volume examines the theoretical and empirical dimensions of law in society from political, sociological, psychological and philosophical perspectives.

The use of "theory" in feminist analysis has been said to threaten feminism as a political force. This collection of work by leading feminist scholars engages with the question of the political status of poststructuralism theory within feminism. Against the view that the use of post-structuralism necessarily weakens feminism, 'Feminists Theorize the Political' affirms the contemporary debate over theory as politically rich and consequential. In laying the theoretical groundwork for the volume, Butler and Scott posed a number of questions to (...) prominent legal scholars, literary critics, philosophers, political theorists, historians, and cultural theorists. The essays do not settle the questions but generate new and productive directions for them. The volume as a whole valorizes the unsettling power and politics of theory. The essays in 'Feminists Theorize the Political' speak to the questions that emerge from the convergence of feminism and poststructuralism: What happens to feminist critique when traditional foundations--experience, history, universal norms--are called into question? Can feminist theory problematize the notion of the subject without losing its political effectivity? Which version of the subject is to questioned, and how does that questioning open up possibilities for reformulating agency, power, and sites of political resistance? What are the consequences of a specifically feminist reformulation of difference? What are the uses and limits of a poststructuralist critique of binary logic for the theorization of racial and class differences, the position of the subaltern? This anthology represents a diverse array of theoretical work within feminist theory with strong political stakes. Although not all of the authors subscribe to poststructuralism, (and few would concede post-structuralism is a monolithic enterprise), each offers an innovative feminist analysis that is in some way motivated in and by the poststructuralist challenge. 'Feminists Theorize The Political' addresses a range of feminist concerns, including productive freedom, anti-discrimination law, rape, and formulating power in terms of exclusion, difference and hierarchy. (shrink)

BackgroundJunior medical doctors have a key role in discussions and decisions about treatment and end-of-life care for people with dementia in hospital. Little is known about junior doctors’ decision-making processes when treating people with dementia who have advance care directives, or the factors that influence their decisions. To describe among junior doctors in relation to two hypothetical vignettes involving patients with dementia: their legal compliance and decision-making process related to treatment decisions; the factors influencing their clinical decision-making; and the factors (...) associated with accurate responses to one hypothetical vignette. MethodA cross-sectional survey of junior doctors, including trainees, interns, registrars and residents, on clinical rotation in five public hospitals located in one Australian state. The anonymous, investigator-developed survey was conducted between August 2018 and June 2019. Two hypothetical vignettes describing patients with dementia presenting to hospital with an ACD and either: bacterial pneumonia; or suspected stroke were presented in the survey. Participants were asked to indicate whether they would commence treatment, given the ACD instructions described in each vignette.ResultsOverall, 116 junior doctors responded. In Vignette 1, 58% of respondents selected the legally compliant option. Participants who chose the legally compliant option perceived ‘following patient wishes’ and ‘legal requirements to follow ACDs’ as equally important reasons for complying with the ACD. The most common reason for not selecting the legally compliant option in Vignette 1 was the ‘ACD is relevant in my decision-making process, but other factors are more relevant’. In Vignette 2, 72% of respondents indicated they would commence treatment and 18% selected they would not commence treatment.. Similar reasons influenced participant decision-making in Vignette 2, a less legally certain scenario.ConclusionsThere are critical gaps in junior doctors’ compliance with the law as it relates to the implementation of ACDs. Despite there being differences in relation to the legal answer and its certainty, clinical and ethical factors guided decision-making over and above the law in both vignettes. More education and training to guide junior doctors’ clinical decision-making and ensure compliance with the law is required. (shrink)

This article examines discourses invoked in the UK debates about prostitution and trafficking in women. The authors suggest that there are three striking features about these discourses: the absence of the sex work discourse, the dominance of the public nuisance discourse in relation to kerb-crawling and the dominance of moral order discourses in relation to trafficking. At a time when the UK is about to revise its sex laws, it is important to consider the discourses that frame prostitution policies in (...) other European countries, with a view to broadening the range of policy options. In this context, the authors compare the UK with the Netherlands, where a sex work discourse has framed debates. This comparison indicates that UK prostitution discourses could be shaped by discourses other than those of public nuisance and moral order and may open up new policy options. (shrink)

_A provocative examination of how unequal access to reproductive technology replays the sins of the eugenics movement_ Eugenics, the effort to improve the human species by inhibiting reproduction of “inferior” genetic strains, ultimately came to be regarded as the great shame of the Progressive movement. Judith Daar, a prominent expert on the intersection of law and medicine, argues that current attitudes toward the potential users of modern assisted reproductive technologies threaten to replicate eugenics’ same discriminatory practices. In this book, (...) Daar asserts how barriers that block certain people’s access to reproductive technologies are often founded on biases rooted in notions of class, race, and marital status. As a result, poor, minority, unmarried, disabled, and LGBT individuals are denied technologies available to well-off nonminority heterosexual applicants. An original argument on a highly emotional and important issue, this work offers a surprising departure from more familiar arguments on the issue as it warns physicians, government agencies, and the general public against repeating the mistakes of the past. (shrink)

Two decades of research on euthanasia in the Netherlands have resulted into clear insights in the frequency and characteristics of euthanasia and other medical end-of-life decisions in the Netherlands. These empirical studies have contributed to the quality of the public debate, and to the regulating and public control of euthanasia and physician-assisted suicide. No slippery slope seems to have occurred. Physicians seem to adhere to the criteria for due care in the large majority of cases. Further, it has been shown (...) that the majority of physicians think that the euthanasia Act has improved their legal certainty and contributes to the carefulness of life-terminating acts. In 2005, eighty percent of the euthanasia cases were reported to the review committees. Thus, the transparency envisaged by the Act still does not extend to all cases. Unreported cases almost all involve the use of opioids, and are not considered to be euthanasia by physicians. More education and debate is needed to disentangle in these situations which acts should be regarded as euthanasia and which should not. Medical end-of-life decision-making is a crucial part of end-of-life care. It should therefore be given continuous attention in health care policy and medical training. Systematic periodic research is crucial for enhancing our understanding of end-of-life care in modern medicine, in which the pursuit of a good quality of dying is nowadays widely recognized as an important goal, in addition to the traditional goals such as curing diseases and prolonging life. (shrink)

In January 1729 a paper written by James Bradley was read at two meetings of the Royal Society. On a newly discovered motion of the fixed stars, later described as the theory of the aberration of light, it was to transform the science of astrometry. The paper appeared as a narrative of a programme of observation first begun at Kew and finalized at Wanstead, but it was, in reality, a careful reconstruction devised to enhance his reputation in response to a (...) recognition that the programme was initially conducted in terms that were inimical to what he conceived to be his interest. The planned attempt to repeat Robert Hooke's celebrated experiment by James Pound, Samuel Molyneux and George Graham was set up at Molyneux's residence in Kew with James Bradley replacing Pound after his untimely and sudden demise. The unexpected and counterintuitive behaviour of the object star γ Draconis and the eradication of any suspicion of instrumental or systemic error led to the abandonment of the attempt to measure annual parallax and the initiation of new conjectures. An annual nutation was proposed but after the observation of a control star, 35 Camelopardalis, this conjecture was abandoned. Unknown to Bradley and Graham a premature approach was made by Molyneux to Newton claiming that the ‘nutation’ negated the whole of Newton's system. In the abandonment of the nutation yet another conjecture opposed to Newtonian theory was proposed and abandoned. Bradley determined to use his own instrument designed on different principles by Graham to observe the phenomenon in Wanstead. At Wanstead Bradley observed many stars to determine the parameters of the phenomenon. With the law of the motion described, Bradley proposed a hypothesis to explain it. Drawn from his earlier work on the ephemerides of Jupiter's satellites his hypothesis of the ‘new-discovered motion’ was quickly presented to the Royal Society as Bradley was working on a later and more definitive version of his paper. It is this later, third, unpublished version that is commonly referred to throughout this essay. It issued a challenge to ‘anti-Copernicans’ to offer an explanation of the observed phenomenon in geostatic terms. One such astronomer, Eustachio Manfredi, had examined the phenomenon of ‘aberrations’ in detail, the term being his. It was Bradley who first applied the term to the ‘new-discovered motion’ and within a short time ‘aberration’ was being applied by astronomers in the reduction of their observations. Annual aberration was widely accepted as evidence of the motion of the Earth. The paper enhanced Bradley's reputation and projected him into the forefront of European astronomers. (shrink)

Force and Freedom, a new book by Professor Arthur Ripstein, offers a comprehensive and highly sophisticated articulation of Kant’s legal and political philosophy. While Kant’s thinking on metaphysics and ethics has received paramount attention in the academic discourse, his contribution to legal and political theory has been somewhat marginalized. One reason for Kant’s exclusion from the central canon of political and legal philosophy is the abstract and very complicated nature of Kantian writing on law and political power, most particularly in (...) the Doctrine of Right. Another reason is the difficulties many writers have encountered in their attempts to reconcile Kant’s political and legal writing with his moral philosophy. Against this background, the novelty and importance of Force and Freedom cannot be overstated. (shrink)

This paper presents and defends an account of the coincidence of biological organisms with mereological sums of their material components. That is, an organism and the sum of its material components are distinct material objects existing in the same place at the same time. Instead of relying on historical or modal differences to show how such coincident entities are distinct, this paper argues that there is a class of physiological properties of biological organisms that their coincident mereological sums do not (...) have. The account answers some of the most pressing objections to coincidence, for example the so-called grounding problem , that material coincidence seems to require that coinciding objects have modal differences that do not supervene on any other properties. (shrink)

Bringing a postcolonial perspective to UK constitutional debates and including a detailed and comparative engagement with the constitutions of Britain’s ex-colonies, this book is an original reflection upon the relationship between the written and the unwritten constitution. Can a nation have an unwritten constitution? While written constitutions both found and define modern nations, Britain is commonly regarded as one of the very few exceptions to this rule. Drawing on a range of theories concerning writing, law and violence, _Constitutions _makes a (...) theoretical intervention into conventional constitutional analyses by problematizing the notion of a ‘written constitution’ on which they are based. Situated within the frame of the former British empire, this book deconstructs the conventional opposition between the ‘margins’ and the ‘centre’, as well as between the ‘written’ and ‘unwritten’, by paying very close, detailed attention to the constitutional texts under consideration. Pryor argues that Britain’s ‘unwritten’ constitution and ‘immemorial’ common law only take on meaning in a relation of difference with the written constitutions of its former colonies. These texts, in turn, draw on this pre-literate origin in order to legitimize themselves. The ‘unwritten’ constitution of Britain can therefore be located and dislocated in postcolonial written constitutions. _Constitutions _is an excellent addition to the bookshelves of all students of the philosophy of law, political theory, constitutional and administrative law and jurisprudence. (shrink)

While human rights law has evolved to provide guidance to governments in realizing human rights in public health emergencies, the COVID-19 pandemic has challenged the foundations of human rights in global health governance. Public health responses to the pandemic have undermined international human rights obligations to realize the rights to health and life, human rights that underlie public health, and international assistance and cooperation. As governments prepare for revisions of global health law, new opportunities are presented to harmonize global health (...) law and human rights law, strengthening rights-based governance to respond to future threats. (shrink)

Aristotle offers a conception of the private and its relationship to the public that suggests a remedy to the limitations of liberalism today, according to Judith A. Swanson. In this fresh and lucid interpretation of Aristotle's political philosophy, Swanson challenges the dominant view that he regards the private as a mere precondition to the public. She argues, rather, that for Aristotle private activity develops virtue and is thus essential both to individual freedom and happiness and to the well-being of (...) the political order. Swanson presents an innovative reading of the Politics which revises our understanding of Aristotle's political economy and his views on women and the family, slavery, and the relation between friendship and civic solidarity. She examines the private activities Aristotle considers necessary to a complete human life--maintaining a household, transacting business, sustaining friendships, and philosophizing. Focusing on ways Aristotle's public invests in the private through law, rule, and education, she shows how the public can foster a morally and intellectually virtuous citizenry. In contrast to classical liberal theory, which presents privacy as a shield of rights protecting individuals from one another and from the state, Aristotle, Swanson argues, presents privacy as opportunity or duty to pursue excellence. She concludes that for Aristotle a regime can attain self-sufficiency only by bringing about a dynamic equilibrium between the public and the private. The Public and the Private in Aristotle's Political Philosophy engages both long-standing and contemporary debates surrounding the interpretation of Aristotle. It will be essential reading for scholars and students of political philosophy, political theory, classics, intellectual history, and the history of women. (shrink)

The law views with suspicion statistical evidence, even evidence that is probabilistically on a par with direct, individual evidence that the law is in no way suspicious of. But it has proved remarkably hard to either justify this suspicion, or to debunk it. In this paper, we connect the discussion of statistical evidence to broader epistemological discussions of similar phenomena. We highlight Sensitivity – the requirement that a belief be counterfactually sensitive to the truth in a specific way – as (...) a way of epistemically explaining the legal suspicion towards statistical evidence. Still, we do not think of this as a satisfactory vindication of the reluctance to rely on statistical evidence. Knowledge – and Sensitivity, and indeed epistemology in general – are of little, if any, legal value. Instead, we tell an incentive-based story vindicating the suspicion towards statistical evidence. We conclude by showing that the epistemological story and the incentive-based story are closely and interestingly related, and by offering initial thoughts about the role of statistical evidence in morality. (shrink)

One of the most original political thinkers of the Enlightenment, Montesquieu utilized his passionate belief in toleration and the moral benefits of science to construct a naturalistic system of political science based on the study of history, comparative government, and human behavior. This volume reveals Montesquieu's purpose by exploring the range of his literary output, focusing on his scandalous novel, The Persian Letters (1721), his philosophical history, Considerations on the Greatness and Decline of the Romans (1734), and his magnum opus, (...) The Spirit of the Laws (1748). (shrink)

The Netherlands is one of the few countries where euthanasia is legal under strict conditions. This study investigates whether Dutch newspaper articles use the term ‘euthanasia’ according to the legal definition and determines what arguments for and against euthanasia they contain. We did an electronic search of seven Dutch national newspapers between January 2009 and May 2010 and conducted a content analysis. Of the 284 articles containing the term ‘euthanasia’, 24% referred to practices outside the scope of the law, mostly (...) relating to the forgoing of life-prolonging treatments and assistance in suicide by others than physicians. Of the articles with euthanasia as the main topic, 36% described euthanasia in the context of a terminally ill patient, 24% for older persons, 16% for persons with dementia, and 9% for persons with a psychiatric disorder. The most frequent arguments for euthanasia included the importance of self-determination and the fact that euthanasia contributes to a good death. The most frequent arguments opposing euthanasia were that suffering should instead be alleviated by better care, that providing euthanasia can be disturbing, and that society should protect the vulnerable. Of the newspaper articles, 24% uses the term ‘euthanasia’ for practices that are outside the scope of the euthanasia law. Typically, the more unusual cases are discussed. This might lead to misunderstandings between citizens and physicians. Despite the Dutch legalisation of euthanasia, the debate about its acceptability and boundaries is ongoing and both sides of the debate are clearly represented. (shrink)