This integrative review aims to provide a synthesis of research findings of health-care professionals’ knowledge, attitudes and behaviours relating to patient capacity to consent to or refuse treatment within the general hospital setting. Search strategies included relevant health databases, hand searching of key journals, ‘snowballing’ and expert recommendations. The review identified various knowledge gaps and attitudinal dispositions of health-care professionals, which influence their behaviours and decision-making in relation to capacity to consent processes. The findings suggest that there is tension between (...) legal, ethical and professional standards relating to the assessment of capacity and consent within health care. Legislation and policy guidance concerning capacity assessment processes are lacking, and this may contribute to inconsistencies in practice. (shrink)

BackgroundDelirium is highly prevalent in the general hospital patient population, characterized by acute onset, fluctuating levels of consciousness, and global impairment of cognitive functioning. Mental capacity, its assessment and subsequent consent are therefore prominent within this cohort, yet under-explored.AimThis study of patients with delirium sought to determine the processes by which consent to medical treatment was attempted, how capacity was assessed, and any subsequent actions thereafter.MethodA retrospective documentation review of patients identified as having a delirium for the twelve months February (...) 2013 to January 2014 was undertaken. Inclusion and exclusion criteria were used; demographic and descriptive data collected. A total of n=1153 patients were identified with n=310 meeting inclusion criteria.ResultA random sample of one hundred patients were subsequently reviewed. One third of patients had documentation relating to consent, while four patients had documentation relating to capacity. Median delirium duration was three days, with treatment refusal occurring in twenty-two patients and “duty of care” being used as an apparent beneficent related treatment framework in twelve patients.ConclusionsWhile impaired decision-making was indicated, the review was unable to indicate what patient characteristics flag the need for capacity assessment. Documentation relating to consent processes appeared deficient for this cohort. (shrink)

From the ethics perspective, “duty of care” is a difficult and contested term, fraught with misconceptions and apparent misappropriations. However, it is a term that clinicians use frequently as they navigate COVID-19, somehow core to their understanding of themselves and their obligations, but with uncertainty as to how to translate or operationalize this in the context of a pandemic. This paper explores the “duty of care” from a legal perspective, distinguishes it from broader notions of duty on professional and personal (...) levels, and proposes a working taxonomy for practitioners to better understand the concept of “duty” in their response to COVID-19. (shrink)

Australian prisons are overpopulated with people suffering from numerous health problems. COVID-19 presents a significant threat to prisoner health. This article examines the current regulatory responses from Australian state and territory governments to COVID-19 and a recent case which tested the human rights of prisoners during a pandemic.

The doctrine of consent is built upon presumptions of mental capacity. Those presumptions must be tested according to legal rules that may be difficult to apply to COVID-19 patients during emergency presentations. We examine the principles of mental capacity and make recommendations on how to assess the capacity of COVID-19 patients to consent to emergency medical treatment. We term this the CARD approach.

In the twenty-first century, 70.6 percent of Americans self-identify as Christians,1 58 percent of them still segregate themselves by race on Sunday mornings, and white Protestants make up the majority of this 58 percent.2 These facts belie the claim, popularized after Barack Obama's 2008 presidential election, that America is living in a postracial society3 And yet, the role played by religion in white people's lived experiences of race, racism, and white class privilege in the United States tends to be neglected (...) by philosophers and religious studies scholars, except perhaps when considering white supremacist groups such as the Ku Klux Klan.4 Contemporary philosophy is secular in a way that generally excludes and... (shrink)

Many have argued that individuals should receive income in proportion to their contribution to society. Others have believed that it would be fairer if people received income in proportion to the effort they expend in so contributing, since people have much greater control over their level of effort than their productivity. I argue that those who believe this are normally also committed, despite appearances, to increasing the social product — which undermines any sharp distinction between effort- and productivity-based distributive proposals. (...) However, effort-based proposals do emphasise more the importance of people having control over factors affecting their income. The second set of problems I consider is how to implement policies which hold true to this emphasis. I show that there are major problems with the accuracy of using any objective criteria to measure the level of effort a person is expending. Moreover, once any such criteria are employed the problem of ‘moral hazard’arises because people modify their behaviour in such a way as to maximise their income while minimising their effort. This violates the original motivation for using effort. Because of this and other empirical considerations, I argue that productivity may well be a better criterion on which to distribute income even if one is motivated by the same concerns which have prompted effort-based proposals. (shrink)

This article critically interrogates contemporary forms of addiction medicine that are portrayed by policy-makers as providing a ‘rational’ or politically neutral approach to dealing with drug use and related social problems. In particular, it examines the historical origins of the biological facts that are today understood to provide a foundation for contemporary understandings of addiction as a ‘disease of the brain’. Drawing upon classic and contemporary work on ‘styles of thought’, it documents how, in the period between the mid-1960s and (...) the mid-1970s, such facts emerged in relation to new neurobiological styles of explaining and managing social problems associated with drug abuse, and an alliance between a relatively marginal group of researchers and American policy-makers who were launching the ‘War on Drugs’. Beyond illustrating the political and material conditions necessary for the rise of addiction neuroscience, the article highlights the productivity of neurobiological thought styles, by focusing on the new biological objects, treatments and hopes that have emerged within the field of addiction studies over the last several decades. (shrink)

In an important and widely cited paper, Zerilli, Knott, Maclaurin, and Gavaghan (2019) argue that opaque AI decision makers are at least as transparent as human decision makers and therefore the concern that opaque AI is not sufficiently transparent is mistaken. I argue that the concern about opaque AI should not be understood as the concern that such AI fails to be transparent in a way that humans are transparent. Rather, the concern is that the way in which opaque AI (...) is opaque is very different than the way in which humans are opaque. What matters is the degree to which the opaque processes of a class of decision makers are stable, uniform, and safe. The degree to which such processes have these features in humans is higher than the degree to which such processes have these features in opaque AI. And therefore we should require AI to be more transparent than humans. (shrink)

The tradition descending from Frege and Russell has typically treated theories of meaning either as theories of meanings, or as theories of truth conditions. However, propositions of the classical sort don't exist, and truth conditions can't provide all the information required by a theory of meaning. In this book, one of the world's leading philosophers of language offers a way out of this dilemma. Traditionally conceived, propositions are denizens of a "third realm" beyond mind and matter, "grasped" by mysterious Platonic (...) intuition. As conceived here, they are cognitive-event types in which agents predicate properties and relations of things--in using language, in perception, and in nonlinguistic thought. Because of this, one's acquaintance with, and knowledge of, propositions is acquaintance with, and knowledge of, events of one's cognitive life. This view also solves the problem of "the unity of the proposition" by explaining how propositions can be genuinely representational, and therefore bearers of truth. The problem, in the traditional conception, is that sentences, utterances, and mental states are representational because of the relations they bear to inherently representational Platonic complexes of universals and particulars. Since we have no way of understanding how such structures can be representational, independent of interpretations placed on them by agents, the problem is unsolvable when so conceived. However, when propositions are taken to be cognitive-event types, the order of explanation is reversed and a natural solution emerges. Propositions are representational because they are constitutively related to inherently representational cognitive acts. Strikingly original, What Is Meaning? is a major advance. (shrink)

Matt Zwolinski argues that libertarians “should see the Basic Income Guarantee (BIG)—a guarantee that all members will receive income regardless of why they need it—as an essential part of an ideally just libertarian system.” He regards the satisfaction of a Lockean proviso—a stipulation that individuals may not be rendered relevantly worse off by the uses and appropriations of private property—as a necessary condition for a private property system’s being just. BIG is to be justified precisely because it prevents proviso violations. (...) We deem Zwolinski’s argument a “Direct Proviso-Based Argument” for BIG. We argue that because this sort of argument for the BIG is in tension with other principles libertarians within the Lockean tradition hold dear, specifically prohibitions on seizing legitimately held property and forcing individuals to labor, the Direct Proviso-Based Argument fails. (shrink)

An original interpretation of Merleau-Ponty on subjectivity, drawing from and challenging both the continental and analytic traditions.

In the middle of the twentieth century a dispute erupted between the chief architect of Logical Empiricism, Rudolf Carnap, and Logical Empiricism’s chief reformer, Willard van Orman Quine -- who was attempting to save what he took to be its main insights by recasting them in a more acceptable form. Though both eschewed metaphysics of the traditional apriori sort, and both were intent on making the investigation of science the center of philosophy, they disagreed about how to do so. Part (...) of the disagreement involved the nature of ontological disputes. The central documents in the debate are: (i) Quine’s 1948 article, “On What There Is,” which tells us how to discern ontological.. (shrink)

Epistemological differences fuel continuous and frequently divisive debates in the social sciences and the humanities. Sociologists have yet to consider how such differences affect peer evaluation. The empirical literature has studied distributive fairness, but neglected how epistemological differences affect perception of fairness in decision making. The normative literature suggests that evaluators should overcome their epistemological differences by ‘‘translating’’ their preferred standards into general criteria of evaluation. However, little is known about how procedural fairness actually operates. Drawing on eighty-one interviews with (...) panelists serving on five multidisciplinary fellowship competitions in the social sciences and the humanities, we show that Evaluators generally draw on four epistemological styles to make arguments in favor of and against proposals. These are the constructivist, comprehensive, positivist, and utilitarian styles; and Peer reviewers define a fair decision-making process as one in which panelists engage in ‘‘cognitive contextualization,’’ that is, use epistemological styles most appropriate to the field or discipline of the proposal under review. (shrink)

It is widely believed that Perelman and Olbrechts-Tyteca’s theory of argumentation is vulnerable to the charge of relativism. This paper provides a more charitable interpretation of Perelman and Olbrechts-Tyteca’s normative views, one that properly considers the historical trajectory of their work and a wider range of texts than existing interpretations. It is argued that their views are better characterized as a form of “contrastivism about arguments” than any kind relativism. This more accurate depiction contributes to ongoing efforts to revive interest (...) in Perelman and Olbrechts-Tyteca’s work as well as build bridges with trends in contemporary argumentation theory. (shrink)

In this paper I shall explain what I take to be the nature of justice; and the method which I shall follow is that of attempting to infer the essential nature of justice from an examination of its actual practical operation. Perhaps the reader will be able to follow the drift of the argument more easily, and be more on his guard against possible misstatements of fact or erroneous inferences, if I mention at the outset the main conclusions to which (...) I hope to lead him. (shrink)

_An original interpretation of Merleau-Ponty on subjectivity, drawing from and challenging both the continental and analytic traditions._.

Science and the originality of life -- Christian facticity -- Grasping life as a topic -- Ruinance -- The retrieval of history -- Facticity and ontology -- Factical speaking -- Rhetoric -- Sophistry.

For anyone approaching the Encheiridion of Epictetus for the first time, this book provides a comprehensive guide to understanding a complex philosophical text. Including a full translation and clear explanatory commentaries, Epictetus's 'Encheiridion' introduces readers to a hugely influential work of Stoic philosophy. Scott Aikin and William O. Stephens unravel the core themes of Stoic ethics found within this ancient handbook. Focusing on the core themes of self-control, seeing things as they are, living according to nature, owning one's roles (...) and fulfilling the responsibilities that those roles entail, the authors elucidate the extremely challenging ideas in Epictetus's brisk chapters. Divided into five distinct parts, this book provides readers with: -/- - A new translation of the Encheiridion by William O. Stephens. - A new introduction to ancient Stoicism, its system of concepts, and the ancient figures who shaped it. - A fresh treatment of the notorious and counter-intuitive 'Stoic paradoxes'. - An accessible overview of the origin and historical context of the Encheiridion. - Detailed commentaries on each chapter of the Encheiridion that clarify its recurring themes and highlight their interconnections. - Careful attention to the presentation of the arguments embedded in Epictetus's aphoristic style. - A thoughtful discussion of serious criticisms of Epictetus's Stoicism and replies to these objections. -/- Written with clarity and authority, Epictetus's 'Encheiridion' provides a foundation from which readers can understand this important text and engage with the fundamental questions of Stoic philosophy and ethics. This guide will aid teachers of Epictetus, students encountering Stoicism for the first time, and readers seeking a greater understanding of Stoic ethics. (shrink)

Given the growing centrality of interdisciplinarity to scientific research, gaining a better understanding of successful interdisciplinary collaborations has become imperative. Drawing on extensive case studies of nine research networks in the social, natural, and computational sciences, we propose a construct that captures the multidimensional character of such collaborations, that of a shared cognitive–emotional–interactional platform. We demonstrate its value as an integrative lens to examine markers of and conditions for successful interdisciplinary collaborations as defined by researchers involved in these groups. We (...) show that markers and conditions embody three different dimensions: cognitive, emotional, and interactional; these dimensions are present in all networks, albeit to different degrees; the dimensions are intertwined and mutually constitutive; and they operate in conjunction with institutional conditions created by funders. We compare the SCEI platforms to available frameworks for successful interdisciplinary work. (shrink)

Albert Einstein's bold assertion of the form-invariance of the equation of a spherical light wave with respect to inertial frames of reference became, in the space of six years, the preferred foundation of his theory of relativity. Early on, however, Einstein's universal light-sphere invariance was challenged on epistemological grounds by Henri Poincaré, who promoted an alternative demonstration of the foundations of relativity theory based on the notion of a light-ellipsoid. Drawing in part on archival sources, this paper shows how an (...) informal, international group of physicists, mathematicians, and engineers, including Einstein, Paul Langevin, Poincaré, Hermann Minkowski, Ebenezer Cunningham, Harry Bateman, Otto Berg, Max Planck, Max Laue, A. A. Robb, and Ludwig Silberstein, employed figures of light during the formative years of relativity theory in their discovery of the salient features of the relativistic worldview. (shrink)

Canada has followed the pattern of Benelux nations by legislating sufferingSuffering as the pivotal eligibilityEligibilitycriterionCriterion for euthanasiaEuthanasia/assisted death without requiring terminal prognosis as is needed in most permissive jurisdictions. This chapter will explore the relationship between sufferingSuffering and Medical Assistance in Dying (MAID) and the ways in which sufferingSuffering is understood in the Supreme Court of Canada, the federal Criminal Code legislation and by health care assessors. Based on this analysis, we will argue that the resulting sufferingSufferingeligibilityEligibilitycriterionCriterion leaves the law (...) open to unintended forms of interpretation, thus instituting perhaps the most unbounded and risk-prone form of assisted death in the world. A review of the literature on sufferingSuffering, the wish to dieWish to die, and reasons for MAIDReasons for MAID requests found sufferingSuffering of severe illness to be frequently associated with unstable mental health, social, and existentialExistential variables that are often amenable to therapy or remediation. While sufferingSuffering remains a powerful motivating force to seek opportunities to relieve distress, its use as an eligibilityEligibilitycriterionCriterion for MAID has significant ambiguity in its’ characterization of ‘enduring’ and ‘irremediable’ and thus fails to protect against abuse for the vulnerable. (shrink)

This study renders the complex corpus of the Guodian texts into a more easily manageable form, incorporating the past several years of scholarly activity on these texts and providing them with a comprehensive introduction along with a complete and well-annotated translation into English.

I defend the view that moral properties are identical to properties that can be expressed without using moral vocabulary.

The paper is an attempt to explain what a transcendental argument is for Kant. The interpretation is based on a reading of the 'Discipline of Pure Reason', Sections 1 and 4 of the first Critique. The author first identifies several statements that Kant makes about the method of proof he followed in the 'Analytic of Principles' which seem to be inconsistent. He then tries to remove the apparent inconsistencies by focusing on the idea of instantiation and drawing a distinction between (...) the intension and the extension of a concept. Finally, the results are applied to the second 'Analogy of Experience' for the purposes of illustration. The paper should be seen as an attempt to provide an historical answer to a question that has been treated thematically in much of the recent literature. (shrink)

Two important debates have characterized mainstream epistemology in recent years. The first is the debate between foundationalists and anti-foundationalists. The second is the debate over the details of a naturalized epistemology. Both debates have meant that traditional concepts of rationality and justification are now understood in a new light. Both debates have helped focus attention on the future direction of epistemology, its goals and its limitations.

1. Aim and Scope of this Paper.—In this paper I shall try to show that “duty” derives its significance from its relation to “interest,” and that the former concept cannot be understood when taken apart from its relation to the latter. Such a doctrine is, I am aware, rejected by some contemporary philosophers; and I shall, I trust, make it sufficiently clear in the sequel why I am unable to accept their view.I am not, however, concerned primarily with criticism of (...) other theories. This paper represents an attempt to interpret a particular province of “the common moral consciousness” and to elicit the principles there implied. I begin by accepting the view that, like natural science, ethics has its data, and that it is the business of ethics to interpret these data which are the contents of the “moral consciousness.” In Section A I discuss various methods which may be used for the discovery of the relevant data, and suggest that initial enquiries can most fruitfully be pursued in the field of law and custom. In Section B I undertake an analysis of the principles of the law relating to promise-keeping. As a result of what is there found, it becomes necessary, in Section C, to discuss the nature of rights and their relation to interests, and, in Section D, the nature of duties and their relation to rights. (shrink)

“Nation” and “nationalism” are not easily defined; mainly, perhaps, because these words, as popularly used, do not have precise meanings. A nation may mean: A people living under a common government,—as when we speak of British or French “nationals"; or A people with a common racial inheritance—the Jews; or A people, inhabiting a certain tract of the earth's surface, with generally common sentiments and habits of thinking, though possibly of mixed race, and part of a wider political society—the English, as (...) distinguished from the Scottish, or Irish, nation. (shrink)

Philosophy is very largely concerned with speculation upon problems of a highly abstract character, but some of the questions with which it deals have important practical aspects; and I think that social philosophy occupies—and rightly occupies—a dominant place in contemporary thought. If post-war policies are to render more secure the lives, the liberties and the happiness of mankind, they must be based upon sound principles; and it is with the intention of throwing certain of these principles into bold relief that (...) I have ventured to choose the realm of politics and culture as the subject of these reflections. (shrink)

Essays by 14 Levinas scholars provide a fresh acount of the argument and purpose of Emmanuel Levinas's major work, Totality and Infinity, drawing parallels between Levinas and other thinkers; considering Levinas's relationship to other disciplines such as nursing, psychotherapy, and law; and bringing this seminal text to bear on specific, concrete issues of present-day concern"--Provided by publisher.

An examination of the history and arguments behind W.K. Clifford and William James's landmark essays and subsequent impact on the importance of knowledge-based evidence.

Scott Yenor argues that David Hume's reputation as a skeptic is greatly exaggerated. In David Hume's Humanity, Yenor shows how Hume's skepticism is a moment leading Hume to defend a philosophy that is grounded in the inescapable assumptions of common life. Humane virtues reflect the proper reaction to the complex mixture of human faculties that define the human condition. These gentle virtues best find their home in the modern commercial republic, of which England is the leading example. Hume's defense (...) of both common life philosophy and humanity are, however, flawed by his secretly dogmatic assumptions about the nature of history and his Enlightened approach to religious teachings and psychology. This study makes the case for Hume's manner of grounding philosophy in common life is essential to any reinvigoration of the humanities. It ultimately holds that Hume's practice of that philosophy is seriously flawed, but that a more philosophic philosophy of common life is available. (shrink)

Cognitive science proposes that we have evolved to build mental maps of the world not according to its actual, physical nature, but according to what allows us to thrive. In other words, our individual and collective realities are fictions - carefully constructed to enable us to maintain our particular perspectives. It used to be that our fictions were rooted to reasonably solid things: to people, places and memories. Today, in an age of online personas, alternative truths, constant surveillance and an (...) increasingly hysterical news cycle, our realities are becoming more flimsy and more vulnerable than ever before. Ours is now a zoomed-in perspective, where the backstage is centre stage. We are both camera person and subject, with new powers and new weaknesses. Our personal and political spheres are dangerously merging. How will the form and grammar of our feelings have to change in this over-exposed environment? Should any of our stories remain secret? How are these phenomena changing the way we live? How do we maintain a sense of reality in an increasingly fantastic world? Picnic Comma Lightning is an innovative examination of the nature of reality in the twenty-first century, one that explores the key ethical, political and neurological forces contouring our inner selves, but also the old influences of grief and desire, memory and imagination. In it, award-winning author Laurence Scott provides a lively and accessible new philosophy for this epoch in Western civilisation, one that will change the way you see the world, and your place within it."--Publisher description. (shrink)

Ricœur lectured and wrote for over twenty years on negation (‘Do I understand something better if I know what it is not, and what is not-ness?') and never published his extensive writings on this subject. Ricœur concluded that there are multiple forms of negation; it can, for example, be the other person (Plato), the not knowable nature of our world (Kant), the included opposite (Hegel), apophatic spirituality (Plotinus on not being able to know God) and existential nothingness (Sartre). Ricœur, working (...) on Kant, Hegel and Sartre, decided that all these forms of negation are incompatible and also fatally flawed because they fail to resolve false binaries of negative: positive. Alison Scott-Baumann demonstrates how Ricœur subsequently incorporated negation into his linguistic turn, using dialectics, metaphor, narrative, parable and translation in order to show how negation is in us, not outside us: language both creates and clarifies false binaries. He bestows upon negation a strong and central role in the human condition, and its inevitability is reflected in his writings, if we look carefully. Ricœur and the Negation of Happiness draws on Ricœur's published works, previously unavailable archival material and many other sources. Alison Scott-Baumann argues that thinking positively is necessary but not sufficient for aspiring to happiness - what is also required is affirmation of negative impulses: we know we are split by contradictions and still try to overcome them. She also demonstrates the urgency of analysing current socio-cultural debates about wellbeing, education and equality, which rest insecurely upon our loose use of the negative as a category mistake. (shrink)

Gordon Barnes accuses Robert Nozick and Eric Mack of neglecting, in two ways, the practical, empirical questions relevant to justice in the real world.1 He thinks these omissions show that the argument behind the Wilt Chamberlain example—which Nozick famously made in his seminal Anarchy, State, and Utopia—fails. As a result, he suggests that libertarians should concede that this argument fails. In this article, we show that Barnes’s key arguments hinge on misunderstandings of, or failures to notice, key aspects of the (...) entitlement theory that undergirds Nozick’s and Mack’s work. Once the theory is properly understood, Barnes’s challenges fail to undermine the Chamberlain example, in particular, and the entitlement theory, in general. (shrink)

According to Pew Research studies, most Americans think religion always conflicts with science. The popular writings of scientists such as Richard Dawkins, Sam Harris, and Lawrence Krauss reinforce this idea, as do books by writers such as Christopher Hitchens and Daniel Dennet. Furthermore, the two versions of the enormously popular television show Cosmos, hosted by Carl Sagan in 1980 and Neil deGrasse Tyson in 2014, present a history of science in which religion has always acted as a barrier to scientific (...) development, with scientists frequently persecuted or even executed for their work. "Gods, Philosophers, and Scientists" shows that just because an idea is popular, doesn't mean it's correct. By examining the historical record from the time of the Ancient Greeks to today, readers are able to see that religion and science have been allies more often than enemies, and when conflict does occur it's too simplistic to view it as coming from something inherent to either science or religion. Instead, as with the case of Greek philosophy or the reception of Darwinian evolution, complex social forces are to blame, and in cases such as the infamous one of Galileo's conflict with the Catholic Church, clashing personalities are at least as important as those social forces. Anyone interested in the history of science or religion, who is curious about how science works, or who wants to have a better understanding of the world should read this book. (shrink)