Robust metanormative realists think that there are irreducibly normative, metaphysically heavy normative facts. One might wonder how we could be epistemically justified in believing that such facts exist. In this paper, I offer an answer to this question: one’s belief in the existence of robustly real normative facts is epistemically justified because so believing is indispensable to being a successful inquirer for creatures like us. The argument builds on Enoch's (2007, 2011) deliberative indispensability argument for Robust Realism but avoids relying (...) on an overly pragmatic account of the sources of basic epistemic justification. Instead, I suggest that the sources of basic epistemic justification are those belief-forming methods which are indispensable for zetetically indispensable projects, that is, projects which are constitutive of being a successful inquirer for embodied, agential creatures like ourselves. (shrink)

Intentional action is often accompanied by knowledge of what one is doing—knowledge which appears non-observational and non-inferential. G.E.M. Anscombe defends the stronger claim that intentional action always comes with such knowledge. Among those who follow Anscombe, some have altered the features, content, or species of the knowledge claimed to necessarily accompany intentional action. In this paper, I argue that there is no knowledge condition on intentional action, no matter the assumed features, content, or species of the knowledge. Further, rather than (...) follow the usual methodology in this debate of arguing by counterexample, I present an argument that explains why we continue to find counterexamples: intentional action and knowledge are regulated by thresholds under distinct pressures; in particular, the threshold of control regulating intentional action is disparately influenced by the role of intentional action in practical normativity. (shrink)

Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.

This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...) relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible. Another target of this book is the prevalent view that tort law helps rectify market failures when transaction costs are too high to permit contracting. The author argues instead that tort law should be understood as a way of rectifying wrongful losses not inefficient exchanges. (shrink)

Judgment subjectivism is the view that x is good for S if and only if, because, and to the extent that S believes, under the proper conditions, that x is good for S. In this paper, I offer three related arguments against the theory. The arguments are about what judgment subjectivism implies about the well-being of welfare nihilists, people who believe there are no welfare properties, or at least that none are instantiated. I maintain that welfare nihilists can be benefited (...) and harmed. Judgment subjectivism is implausible because it implies otherwise. (shrink)

In response to the increasing number of mentally ill people experiencing homelessness, some policy‐makers have called for the expanded use of involuntary commitment, even for individuals who are not engaging in behaviors that are immediately life‐threatening. Yet there is no evidence that involuntary commitment offers long‐term benefits, and significant reasons to believe that expanding the practice will cause harm. In addition, these proposals ignore research showing that most people with mental illness have the capacity to make medical decisions for themselves. (...) Rather than expanding the use of involuntary commitment, policy‐makers should support approaches proven to decrease the prevalence of homelessness, such as supportive housing. In addition, states should reevaluate their commitment standards for persons who pose no risk of harm to others. One promising approach is Northern Ireland's Mental Health Capacity Act of 2016, which establishes a uniform standard for imposing nonconsensual health care interventions, without any distinction between mental illnesses and other conditions in which capacity might be compromised. (shrink)

This paper presents a discussion of an apparent inconsistency between Hume's moral theory and his moral evaluations of historical characters in his History of England. While Hume considers enthusiasm to be a religious vice, he praises the characters of some historical enthusiasts, blames others, and regards enthusiasm as having a positive social effect. But according to Hume's moral theory, only a virtue can have positive social effect, or be praiseworthy. The paper refers to the inconsistency between the History and the (...) moral theory as the ‘enthusiasm puzzle’. The paper concludes by explaining the inconsistency as being rooted in a problem with Hume's moral theory. (shrink)

This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.

This article will examine the case of Ms B, a woman with tetraplegia for a year, who, prior to rehabilitation or return to community life, sought a ruling that doctors may turn off her ventilator. The authors are people with disabilities. Their analysis focuses on the manner in which the High Court framed the case in terms of mental capacity, addressed the issue of suicide and ambivalence, and resolved informed consent and treatment alternative issues. While the disability community in the (...) US does not oppose the general right to refuse treatment, there is significant concern about lack of informed consent and denial of desired treatment alternatives, and the cavalier manner in which these factors have been dismissed. (shrink)

Jones's (1991) issue-contingent model of ethical decision making posits that six dimensions of moral intensity influence decision markers' recognition of an issue as a moral problem and subsequent behavior. He notes that "organizational settings present special challenges to moral agents" (1991, p. 390) and that organizational factors affect "moral decision making and behavior at two points: establishing moral intent and engaging in moral behavior" (1991, p. 391). This model, however, minimizes both the impact of organizational setting and organizational factors on (...) these experiences of ethical issues. In this theory, context is modeled as affecting the moral intent and behavior of the actor rather than directly affecting the issue's moral intensity. Here we look specifically at the effect of context on the moral intensity of ethical issues through a phenomenological study. Our results indicate that in certain environments, context may be critical in affecting the moral intensity of ethical issues. Thus, researchers should consider it more fully when assessing these issues' moral intensity. (shrink)

In 2009, health authorities from Taiwan formally attended the 62nd World Health Assembly of the World Health Organization as observers, marking the country’s participation for the first time since 1972. The long process of negotiating this breakthrough has been cited as an example of successful global health diplomacy. This paper analyses this negotiation process, drawing on government documents, formal representations from both sides of the Taiwan Strait, and key informant interviews. The actors and their motivations, along with the forums, practices (...) and outcomes of the negotiation process, are detailed. While it is argued that non-traditional diplomatic action was important in establishing the case for Taiwan’s inclusion at the WHA, traditional concerns regarding Taiwanese sovereignty and diplomatic representation ultimately played a decisive role. The persistent influence of these traditional diplomatic questions illustrates the limits of global health diplomacy. (shrink)

Anthropology continues to develop both in terms of theory and in relation to the ways in which fieldwork is conducted. Dislocating Anthropology? seeks to capture and represent these developments through a collection of ethnographic essays that are cutting edge, but which do not represent a complete break with what has gone before. In recent years anthropologists have increasingly come to accept that fieldwork in bounded and discrete places is no longer tenable. People can no longer be represented in these static, (...) parochial terms. At the start of the 21st century, and with the possibility of internet connections almost anywhere, we have the potential to move even when we are stationary. Each of the contributors to this collection have identified and attempted to understand sets of relationships that are both temporally and spatially dynamic, that appear to flow into and out of 'the field.' Together, the chapters shed light on a number of methodological conundrums, or dislocations, relating, for example, to locality, identity, fieldwork, and reflexivity. The book is concerned with dislocation as both practice and process, and as such extends a theme that has arguably been central to Anthropology since Malinowski's Trobriand ethnography. (shrink)

Acute care nurse practitioner roles have been introduced in many countries. The acute care nurse practitioner provides nursing and medical care to meet the complex needs of patients and their families using a holistic, health‐centred approach. There are many pressures to adopt a performance framework and execute activities and tasks. Little time may be left to explore domains of advanced practice nursing and develop other forms of knowledge. The primary objective of praxis is to integrate theory, practice and art, and (...) facilitate the recognition and valuing of different types of knowledge through reflection. With this framework, the acute care nurse practitioner assumes the role of clinician and researcher. Praxis can be used to develop the acute care nurse practitioner role as an advanced practice nursing role. A praxis framework permeates all aspects of the acute care nurse practitioner's practice. Praxis influences how relationships are structured with patients, families and colleagues in the work setting. Decision‐makers at different levels need to recognize the contribution of praxis in the full development of the acute care nurse practitioner role. Different strategies can be used by educators to assist students and practitioners to develop a praxis framework. (shrink)

This paper examines the problems that may arise, particularly for military personnel, when the requirements of doing one's duty seem to come into conflict with the demands of loyalty. This conflict is especially problematic because loyalty is often seen, especially by serving military personnel, as the highest of military virtues. The paper introduces a categorisation of ethical issues into two main types, which are referred to as ‘ethical dilemmas’ and ‘tests of integrity’ which is then used to clarify the issues (...) involved when duty and loyalty come into conflict. It is argued that a true understanding of loyalty and disloyalty means that the demands of loyalty can never legitimately override a genuine duty to follow orders. (shrink)

Background Biobanking and genomic research requires collection and storage of human tissue from study participants. From participants’ perspectives within the African context, this can be associated with fears and misgivings due to a myriad of factors including myths and mistrust of researchers. From the researchers angle ethical dilemmas may arise especially with consenting and sample reuse during storage. The aim of this paper was to explore these ethical considerations in the establishment and conduct of biobanking and genomic studies in Africa. (...) Methods We conducted a narrative synthesis following a comprehensive search of nine (9) databases and grey literature. All primary research study designs were eligible for inclusion as well as both quantitative and qualitative evidence from peer reviewed journals, spanning a maximum of 20 years (2000–2020). It focused on research work conducted in Africa, even if data was stored or analysed outside the region. Results Of 2,663 title and abstracts screened, 94 full texts were retrieved and reviewed for eligibility. We included 12 studies (7 qualitative; 4 quantitative and one mixed methods). Ethical issues described in these papers related to community knowledge and understanding of biobanking and genomic research, regulation, and governance of same by research ethics committees, enrolment of participants, types of informed consents, data collection, storage, usage and sharing as well as material transfer, returning results and benefit sharing. ca. Biospecimen collection and storage is given in trust and participants expect confidentially of data and results generated. Most participants are comfortable with broad consent due to trust in researchers, though a few would like to be contacted for reconsenting in future studies, and this would depend on whether the new research is for good cause. Sharing data with external partners is welcome in some contexts but some research participants did not trust foreign researchers. Conclusion Biobanking and genomic studies are a real need in Africa. Linked to this are ethical considerations related to setting up and participation in biobanks as well as data storage, export, use and sharing. There is emerging or pre-existing consensus around the acceptability of broad consent as a suitable model of consent, the need for Africans to take the lead in international collaborative studies, with deliberate efforts to build capacity in local storage and analysis of samples and employ processes of sample collection and use that build trust of communities and potential study participants. Research ethics committees, researchers and communities need to work together to work together to adapt and use clearly defined ethical frameworks, guidelines, and policy documents to harmonize the establishment and running of biobanking and genomic research in Africa. (shrink)

Home care is one of the fastest‐growing industries in the United States, providing valuable opportunities for millions of older adults and people with disabilities to live at home rather than in institutional settings. Home care workers assist clients with essential activities of daily living, but their wages and working conditions generally fail to reflect the importance of their work. Drawing on the work of Eva Feder Kittay and other care ethicists, we argue that good care involves attending to the needs (...) of another out of a concern for their well‐being. Such care should be standard in the home care system. Yet, because of the pervasive racial, gender, and economic inequalities that the home care industry perpetuates, home care workers and their clients cannot reasonably be expected to care about each other. We endorse reforms aimed at enabling home care workers and their clients to form and maintain professional relationships that cultivate care.. (shrink)

This book is an interdisciplinary study of the fundamental normative issues underpinning immigration policy. Economists, political scientists and philosophers address issues such as the proper role of the state in supporting a particular culture, the possible destabilization of the political and social life of a country through immigration, the size and distribution of economic losses and gains, and the legitimacy of discriminating against potential immigrants in favour of members of the resident population. The need for serious philosophical consideration of this (...) subject is beyond question. This volume should advance discussion in an area of great practical as well as philosophical importance. (shrink)

According to subjectivism about ill-being, the token states of affairs that are basically bad for you must be suitably connected, under the proper conditions, to your negative attitudes. This article explores the prospects for this family of theories and addresses some of its challenges. This article (i) shows that subjectivism about ill-being can be derived from a more general doctrine that requires a negatively valenced relationship between any welfare subject and the token states that are of basic harm to that (...) subject and (ii) responds to some objections, including the objection that subjectivists about ill-being cannot plausibly explain the badness of pain. (shrink)

The history of ideas is an interdisciplinary field that began as an offshoot of the history of philosophy and was transformed by notions of perspective and cultural context drawn from the tradition of historical studies. The result is the practice of intellectual history, which has been carried out between the poles of inquiry commonly known as internalist and externalist, corresponding to mental phenomena and collective behavior in cultural surroundings. These are not opposed but rather complementary methods, and intellectual history may (...) be seen as the inside of cultural history and cultural history as the outside of intellectual history, the intellectual historian's task being to bring the two into alliance. (shrink)

Some believe that it is immoral to harm animals, but it is not immoral to kill humanely raised domesticated animals. Implicit in this is the assumption that it is possible to raise and slaughter animals without harming them significantly. In recent years, a number of philosophers – DeGrazia, Harman, Bradley, and others – have claimed that slaughter harms an animal in proportion to the amount of valuable future life that an animal loses in dying, which seems to challenge this assumption. (...) But a question remains: how much are domesticated animals, particularly humanely raised ones, harmed by their slaughter? Here, I take up this question. My answer may be surprising: in ordinary circumstances, slaughter hardly deprives humanely raised animals of any good life, and so is not very harmful to them. This result may strengthen the case for humane slaughter – or it may give us reason to revise our understanding of the harmfulness of death. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.4 (2001) 577-592 [Access article in PDF] Eclecticism and the History of Ideas Donald R. Kelley "What we call the history of ideas," Joseph Mazzeo wrote in in 1972, "itself has a history." 1 In this country the history of ideas in the past century has been associated with the American philosopher and founder of this journal, Arthur O. Lovejoy, and his (...) epigones and critics. However, this field has an earlier history sub literam, going back almost two centuries, and a still deeper prehistory before the coinage of the phrase, traceable at least indirectly back to antiquity. The purpose of this essay is to trace some aspects of one intellectual tradition out of which the history of ideas has, knowingly or not, emerged.In 1829 Victor Cousin gave a diagnosis of and his prescription for philosophy in the wake of one revolution and on the threshold of another. He saw just three possibilities: either it could renounce its independence and submit again to authority, it could keep on retracing the circle of obsolescent systems, or--and this was his solution--it could "disengage what is true in each of these systems, and thus construct a philosophy superior to all systems [and] shall be neither this or that philosophy in its essence and in its unity." This procedure, "to select in all what appears to be true and good, and consequently everlasting,--this, in a single word, is ECLECTICISM." Moreover, Cousin added, "[i]f this philosophy is to be Eclectic, it must also be sustained by the history of philosophy."How had Cousin come upon this program? In December 1815, in the first year of both the Restoration Monarchy and his teaching at the École Normale Supérieure, he was lecturing on the history of philosophy. In post-revolutionary France this was a field in great disarray, and Cousin looked back to the great schools of the earlier generation, noting three in particular--the French, the [End Page 577] Scottish, and the German traditions, represented respectively by Condillac, Reid, and Kant. "It would be an interesting and instructive study," he told his enthusiastic young students, "to examine the weaknesses of these schools by engaging one with another and by selecting their various merits in the context of a great eclecticism which would contain and surpass all three." 2Over the next three decades this doctrine was publicized and extended by Cousin's many scholarly publications, by the still more famous lectures he gave after returning to his chair of philosophy in 1828, by his many international contacts and disciples, and by his later public career as minister of education. 3 For half a century before his death in 1867 Cousin had an unparalleled intellectual influence as virtually the "official philosopher" in France, with Eclecticism being widely regarded as a "state philosophy," 4 and translations of his works extending his renown into other parts of Europe and this country. In defending his achievements and hegemonic position Cousin claimed an absolute originality and a unique truth-value for his ideas. Eclecticism had not been drawn from German sources, he protested in 1855. "It was born spontaneously in our own spirit [notre esprit] from the spectacle of the resounding conflicts and the hidden harmonies of the three great philosophical schools of the eighteenth century," he declared. "Thus," he concluded, "eclecticism is a French doctrine and peculiar to us." 5Historically speaking, however, nothing could be further from the truth--or indeed further from the premises of the earlier eclectic tradition on which Cousin knowingly drew. The defining characteristic of his philosophy was its dependence not only on the three schools he recognized in his early years of teaching but on the whole history of philosophy from its Greek and especially Platonic beginnings, to which Cousin himself devoted much of his historical and philological [End Page 578] scholarship. That Eclecticism was a sort of higher plagiarism was admitted by Cousin himself: "What I recommend," Cousin said in 1817, "is an enlightened eclecticism which, judging with equity, and even with benevolence... (shrink)

How do adolescent girls envision the world of work and their potential place in it? This article considers teen magazines as a possible source for girls’ perceptions about the work world, including their own career futures. The author explores the occupational landscape embedded with in Seventeen magazinein 1992 in both quantitative and qualitative terms. The labor market in Seventeen-land is heavily skewed toward professional occupations, particularly in the entertainment industry. A close reading of the text reveals four primary messages about (...) the world of work: Entertainment careers are a viable and prestigious option, men are the norm as workers, men hold the power, and fashion modeling is the pinnacle of “women’s work. ” The author argues that Seventeen may be promulgating a distinct set of what Collins called “controlling images” directed at predominantly white girls. The findings suggest gender researchers should attend to the connection between the mass media and girl culture. They also underscore the importance of teaching media literacy. (shrink)

Long before Luc Besson shot Fifth Element (1997) in English, and long before the squabble over whether Jean-Pierre Jeunet’s Un long dimanche de fiançailles (A Very Long Engagement [2004]) was really a French film or a Warner Brothers’ film, the “national” in French national cinema was complicated. And yet a quick glance at the course offerings of most film departments will tell us that the discipline of Film Studies persists in employing a national cinema model when conceptualizing non-Hollywood cinema. In (...) fact, French cinema has been global from its inception, if we think of globalization as the “increasing speed, ease, and extent with which capital, goods, services, technologies, people, cultures, information .. (shrink)

David Hume's Dialogues concerning Natural Religion, first published in 1779, is one of the most influential works in the philosophy of religion and the most artful instance of philosophical dialogue since the dialogues of Plato. It presents a fictional conversation between a sceptic, an orthodox Christian, and a Newtonian theist concerning evidence for the existence of an intelligent cause of nature based on observable features of the world. This new edition presents it together with several of Hume's other, shorter writings (...) about religion, and with brief selections from the work of Pierre Bayle, who influenced both Hume's views on religion and the dialectical style of the Dialogues. The volume is completed by an introduction which sets the Dialogues in its philosophical and historical contexts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 30.1 (2006) 299-309 [Access article in PDF] Conscious Fiction Mary Clayton Coleman Bard College Consciousness and the Novel: Connected Essays, by David Lodge; 320 pp. Cambridge, Mass.: Harvard University Press, 2002, $24.95 boards, $16.95 paper. Fictional Minds, by Alan Palmer; 275 pp. Lincoln and London: University of Nebraska Press, 2004, $45.00. Radiant Cool: A Novel Theory of Consciousness, by Dan Lloyd; 357 pp. Cambridge, Mass.: (...) The MIT Press, 2004, $24.95 boards, $14.95 paper. What contributions can fiction make to the representation and investigation of conscious experience? Might fiction help us to develop and advance new theories about the nature of consciousness? And might such theories, in turn, inform our understanding of the process of reading fiction? Three recent volumes—one by English critic and novelist, David Lodge; another by literary theorist, Alan Palmer; and a third by philosopher and (now) novelist, Dan Lloyd—raise these important, genre-bending questions, and they offer challenging if not always convincing answers to them. More generally, these volumes make valuable contributions to the fruitful cross-pollination that has developed between philosophers, scientists, literary theorists, and novelists who are interested in the nature of consciousness.Lodge's new collection of essays is called Consciousness and the Novel: Connected Essays, and like all of the criticism he has written since the late eighties, this volume is intended for a general audience, not for [End Page 299] literary theorists. The title essay, "Consciousness and the Novel," is a revised version of the Richard Ellman Lectures in Modern Literature that Lodge gave at Emory University in 2001, and the other nine essays, all previously published, cover such topics as Howards End; the novels of Evelyn Waugh; The Letters of Kingsley Amis; Martin Amis's memoir, Experience; and the relationship between literature and criticism. I will focus on "Consciousness and the Novel."Lodge's thesis in this essay is that novels play an essential role in our exploration of the nature of human consciousness. This thesis is certainly true, but it is also entirely banal. Much more interesting is what Lodge says in support of it. He argues that because of the unique representative possibilities of the novel, conscious experiences can be represented more effectively in novels than they can be in scientific writing. Taken literally, as an assertion about the relative representational power of novels and scientific discourse, this is extremely implausible. However, taken more loosely—as an invitation to those of us interested in consciousness to take a closer look at the ways conscious experiences are represented in novels—Lodge's claim is sensible and appealing. I will consider the literal reading of Lodge's claim first and then turn to the looser one.It is undoubtedly true that, as a whole, novelists devote more energy to representing conscious experiences than writers of scientific discourse do. However, science writers can use whatever techniques best serve their aims, including the aim of describing conscious experiences, so there is no reason to think that conscious experiences can, in principle, be represented more effectively in novels than in broadly scientific discourse. Given that Lodge discusses such creative science writers as Antonio Damasio, Daniel Dennett, and Steven Pinker in the course of his essay, it is surprising and disappointing to find him caricature scientific writing in the following way: "science... is a third-person discourse. The first-person pronoun is not used in scientific papers. If there were any hint of qualia in a scientific paper... it would be edited out" (p. 11). Qualia are the supposedly subjective qualitative aspects of conscious experiences. How the plucked string of a cello sounds to you; how the rotting fish in the garbage smells to you; and how it feels for you to inch down into the smooth, almost-too-hot water of a perfect bubble bath—these are all (supposedly) examples of qualia. Lodge is simply mistaken when he says that there is no hint of qualia in scientific writing. There is no consensus about whether qualia can be explained scientifically. In fact, there is no consensus about whether they exist. [End Page... (shrink)