In a capitalist economy, taxes are the most important instrument by which the political system puts into practice a conception of economic and distributive justice. Taxes arouse strong passions, fueled not only by conflicts of economic self-interest, but by conflicting ideas of fairness. Taking as a guiding principle the conventional nature of private property, Murphy and Nagel show how taxes can only be evaluated as part of the overall system of property rights that they help to create. Justice or (...) injustice in taxation, they argue, can only mean justice or injustice in the system of property rights and entitlements that result from a particular regime. Taking up ethical issues about individual liberty, interpersonal obligation, and both collective and personal responsibility, Murphy and Nagel force us to reconsider how our tax policy shapes our system of property rights. (shrink)

In the first sentence of the first section of A Theory of Justice Rawls writes that “justice is the first virtue of social institutions.” He soon elaborates.

Is there a limit to the legitimate demands of morality? In particular, is there a limit to people's responsibility to promote the well-being of others, either directly or via social institutions? Utilitarianism admits no such limit, and is for that reason often said to be an unacceptably demanding moral and political view. In this original new study, Murphy argues that the charge of excessive demands amounts to little more than an affirmation of the status quo. The real problem with (...) utilitarianism is that it makes unfair demands on people who comply with it in our world of nonideal compliance. Murphy shows that this unfairness does not arise on a collective understanding of our responsibility for others' well being. Thus, according to Murphy, while there is no general problem to be raised about the extent of moral demands, there is a pressing need to acknowledge the collective nature of the demands of beneficence. (shrink)

This book offers an advanced introduction to central questions in legal philosophy. What factors determine the content of the law in force? What makes a normative system a legal system? How does law beyond the state differ from domestic law? What kind of moral force does law have? The most important existing views are introduced, but the aim is not to survey the existing literature. Rather, this book introduces the subject by stepping back from the fray to sketch the big (...) picture, to show just what is at stake in these old debates. Legal philosophy has become somewhat arid and inward looking. In part this is because the disagreement between the main camps on the important questions is apparently intractable. The main aim of the book is to suggest both a diagnosis and a proper practical response to this situation of intractable disagreement about questions that do matter. (shrink)

Principles of bcnciiccnce require us to promote the good. If we believe that a plausible mom] conception will contain some such principle, we must address the issue of the demands it imposes on agents. Some writers have defended extremely demanding principles, while others have argued that only principles with limited demands are acceptable. In this paper I su ggest that we 100k at the demands 0f beneficencc in a different way; 0ur concern should not just be with the extent of (...) the demands faced by individual agents. Instead, we should consider how the demands imposed Ol'] an agent by a principle of beneiiccncc are affected by the level of compliance with the principle by others. Act—[email protected], for example, in effect requires each complying agent to shoulder her share of the demands of bcncficcnce plus as many of the shares of noncomplying agents as would be optimal. I suggest that we focus OH this feature ofconsequentialism, and not just on the very high demands it can impose Ol'] individual agents. Thus I defend the View that principles of beneiicence should not demand more of agents as expected compliance by othcr agents decreases, and formulate a principle of bencficcnce that meets this condition. This View about beneiicence and compliance is supported by a particular conception 0f beneiiccnce. Rather than as an aim we each have as individuals, benciicence could be understood as a cooperative project, where each of us aims to promote the good together with others. If s0, it would be natural t.. (shrink)

This paper argues that the disagreement between positivists and nonpositivists about law is substantive rather than merely verbal, but that the depth and persistence of the disagreement about law, unlike for the case of morality, threatens skepticism about law. The range of considerations that can be brought to bear to help resolve moral disagreements is broader than is the case for law, thus improving the prospects of reconciliation in morality. But the central argument of the paper is that law, unlike (...) morality, is a concept-dependent social kind, in the sense that law cannot exist in a society without someone in that society having the concept of law. Since the existence of the social kind law is largely dependent on the existence of the corresponding concept, when different actors have different concepts, they can end up creating different kinds. Hence, the difference between positivists and nonpositivists is not just a conceptual one but is capable of giving rise to different legal norms. (shrink)

Self-Governance and Cooperation offers solutions to two fundamental problems in moral philosophy, one concerning the nature and requirements of morality and the other the nature and requirements of practical reason. Robert Myers’s achievement is not just that his solutions are original and plausible, but that his arguments acknowledge and demonstrate the need to approach the problems as an inseparable pair. Philosophical tradition tells us that questions about the content of morality cannot be answered in isolation from questions about its rational (...) force, and that, even more so, questions about the place of morality in practical reason cannot be answered without taking a stand on contested questions of substantive ethics. Myers’s book is a welcome counterforce to a tendency in contemporary moral philosophy to artificially subdivide the subject. (shrink)

A contract theory is an attempt both to make normative sense of contract law as an institutional type and to come up with criteria for the evaluation of the law of any particular place. There is no precise rule telling us how far the prescriptions of a theory can deviate from actually existing contract law and still be a theory of contract — rather than a political proposal to replace contract law with something else. But we can say roughly that (...) contract theory aims to provide normative foundations for the type of legal institution that enforces (some) agreements and unilateral commitments. Having provided an account of the point of having an institution of that general kind, the theory can then be used to evaluate existing examples. (shrink)

This comprehensive anthology offers over 40 readings that are critical to the understanding of anthropological theory and the development of anthropology as an academic discipline. The fourth edition maintains a strong focus on the "four-field" roots of the discipline in North America but has been reorganized with a new section on twenty-first-century theory, including coverage of postcolonial and public anthropology. New key terms and introductions accompany each reading and a revamped glossary makes the book more student-friendly. Used on its own, (...) or together with the overview text A History of Anthropological Theory, Fourth Edition, this anthology offers a flexible and unrivaled introduction to anthropological theory that reflects not only the history but also the changing nature of the discipline today. For additional resources, visit the "Teaching Theory" page at www.utpteachingculture.com. (shrink)

Self-Governance and Cooperation offers solutions to two fundamental problems in moral philosophy, one concerning the nature and requirements of morality and the other the nature and requirements of practical reason. Robert Myers’s achievement is not just that his solutions are original and plausible, but that his arguments acknowledge and demonstrate the need to approach the problems as an inseparable pair. Philosophical tradition tells us that questions about the content of morality cannot be answered in isolation from questions about its rational (...) force, and that, even more so, questions about the place of morality in practical reason cannot be answered without taking a stand on contested questions of substantive ethics. Myers’s book is a welcome counterforce to a tendency in contemporary moral philosophy to artificially subdivide the subject. (shrink)

A novel Protocol Ethics Tool Kit (‘Ethics Tool Kit’) has been developed by a multi-stakeholder group of the Multi-Regional Clinical Trials Center of Brigham and Women9s Hospital and Harvard. The purpose of the Ethics Tool Kit is to facilitate effective recognition, consideration and deliberation of critical ethical issues in clinical trial protocols. The Ethics Tool Kit may be used by investigators and sponsors to develop a dedicated Ethics Section within a protocol to improve the consistency and transparency between clinical trial (...) protocols and research ethics committee reviews. It may also streamline ethics review and may facilitate and expedite the review process by anticipating the concerns of ethics committee reviewers. Specific attention was given to issues arising in multinational settings. With the use of this Tool Kit, researchers have the opportunity to address critical research ethics issues proactively, potentially speeding the time and easing the process to final protocol approval. (shrink)

How much must a given individual benefit others, apart from any obligation to do so because of prior acts, special relationships, or self-regard? In short, to what extent is a person morally required to promote the well-being of strangers?

This paper critically discusses three studies about the question of how much morality may demand of moral agents. These studies may together constitute the most prominent literature about this question to emerge in recent years. In reverse order, they are: Garrett Cullity’s The Moral Demands of Affluence , Tim Mulgan’s The Demands of Consequentialism , and Liam Murphy’s Moral Demands in Nonideal Theory . The paper’s first part very briefly presents the position that these studies defend, and in (...) addition it is argued that all three studies risk denying, for unconvincing reasons, an intuitively very plausible statement, namely that moral agents morally ought to do great good whenever they can do so at little cost to themselves. The second part of the paper then considers the critical position that the three mentioned books take towards an ‘appeal to cost to the moral agent’. Such an appeal, the details of which will be discussed in the paper, has often been prominent in arguments for limiting the demands made on moral agents. I argue that the doubts that the threestudies have about this appeal, are unwarranted. (shrink)

Does the failure of others to comply with collective duties create duties for us to step in and do their share? Defenders of the so-called duty to take up the slack answer this question in the positive. Against their view, defenders of fair shares argue that we only have a duty to contribute our fair share to discharging the collective duty. This paper offers a partial vindication of Liam Murphy’s account of fair shares. I argue that three common (...) objections to fair shares fail to rebut Murphy’s account. On the reading I propose, fair shares may ground as – or more – extensive duties towards third parties as the duty to take up the slack. In addition, fair shares provides something that defenses of slack-taking tend to omit – an account of the limits of our nonideal duties. The paper highlights previously overlooked aspects of Murphy’s account and paves the way for future discussions about slack-taking in the domain of global politics. (shrink)

Peter Singer argues that when some fail to do their part in alleviating suffering, the rest of us must take up their slack. In response, L. J. Cohen, Liam Murphy, and David Miller argue that such a requirement would be unfair. No one, they contend, should be required to contribute more than she would be required to under full compliance. I argue against Cohen, Murphy, and Miller that we are obligated to take up slack left by noncontributors, (...) but agree that we are thereby treated unfairly. Drawing on the literatures on group causation and moral responsibility, I argue that noncontributors wrong those they fail to help and those who take up their slack. I refer to the latter kind of wrong as “burden dumping.” Furthermore, I argue that my account applies whether we conceive of rescue duties as discretionary or nondiscretionary. One might think that if my duties to rescue do not require me to contribute to any particular rescue effort, I do not dump burdens on anyone when I do nothing. In reply, I argue that when I have a nondiscretionary duty to contribute to a particular rescue effort, I unfairly dump burdens on those contributing to that effort when I fail to do my part. Similarly, when my duty to rescue is discretionary and I do nothing, I unfairly dump burdens on everyone whose rescue efforts I might have contributed to. Using this apparatus, we can account for the force of arguments such as Singer’s as well as the idea that those who dump burdens are blameworthy for treating other rescuers unfairly. (shrink)

In this article I am particularly interested in the question of solidarity within the boundaries of one's own country. I discuss a qualified beneficence requirement, which claims that we ought to prevent something very bad from happening if it is in our power and if we can do it without sacrificing anything morally significant. I also discuss a fair-share principle, according to which, in Liam B. Murphy's version, "the sacrifice each agent is required to make is limited to (...) the level of sacrifice that would be optimal if the situation were one of full compliance". I argue that the qualified beneficence requirement is reasonable only in the proximity of the one who needs help. When there is no proximity we ought to be guided by a fair-share principle. I also argue that there is an intimate relation between the fair-share principle and the welfare-state ideology. (shrink)

Recenzja książki: Liam Murphy, Thomas Nagel, The Myth of Ownership. Taxes and Justice, Oxford University Press, Oxford – New York 2002.

The Demandingness Objection is the objection that a moral theory or principle is unacceptable because it asks more than we can reasonably expect. David Sobel, Shelley Kagan and Liam Murphy have each argued that the Demandingness Objection implicitly – and without justification – appeals to moral distinctions between different types of cost. I discuss three sets of cases each of which suggest that we implicitly assume some distinction between costs when applying the Demandingness Objection. We can explain each (...) set of cases, but each set requires appeal to a separate dimension of the Demandingness Objection. (shrink)

The view that agents are not obliged to do more than their initial fair shares when their fellow duty bearers fail to comply has prominent defenders, including Liam Murphy and David Miller. While Murphy thinks that asking agents to take up other agents’ slack would be unfair, Miller claims that slack-taking cannot be required because primary responsibility does not migrate from noncompliers to compliers. This paper argues, by contrast, that there are a number of circumstances in which (...) there is a duty to take up the slack even though it is unfair and even though responsibility stays where it is. The central claim is that what agents owe to third parties is a separate issue from how they relate to fellow duty bearers. This proposal also runs counter to familiar defenses of slack-taking that weigh its unfairness against the moral importance of the interests at stake for third parties. (shrink)

This latest volume of _The Philosopher's Annual_ presents the ten best articles published in the field during 2001. No limitations are placed on the articles' sources, subject matter or mode of treatment, providing for a diverse collection of engaging, high-caliber work that stands as a valuable sample of contemporary philosophy. This year's volume includes papers by Robert Bernasconi, Hans Halvorson, Christopher Hitchcock, Ignacio Jane, Brian Leiter, Liam Murphy and Thomas Nagel, Joel Pust, Alison Simmons, Jason Stanley and Timothy (...) Williamson, and Crispin Wright. (shrink)

What duties do people have in the face of noncompliance of others with their duties? The paper defends the duty to take up the slack when slack taking is necessary to assist those in dire need. This duty has been criticized by J. L. Cohen, Liam Murphy and, more recently, David Miller. The duty is defended against arguments that appeal to the structure of the duty to aid, fair shares, responsibility, counterintuitiveness, and perverse consequences. The paper considers the (...) implications of the duty for the case of aiding refugees. (shrink)

It is common for moral philosophers to reject a moral theory on the basis that its verdicts are unreasonably demanding—it requires too much of us to be a correct account of our moral obligations. Even though such objections frequently strike us as convincing, they give rise to two challenges: Are demandingness objections really independent of other objections to moral theories? Do standard demandingness objections not presuppose that costs borne by the comfortably off are more important than costs borne by the (...) poor? These challenges have led some writers to question whether there really can be convincing demandingness objections, notwithstanding their strong initial appeal. David Sobel has argued that standard demandingness objections are ‘impotent’, Liam Murphy that they can be ‘dissolved’. In this paper, I aim to vindicate the possibility of demandingness objections by addressing these two challenges. (shrink)

This paper’s first section invokes a relevant meta-ethical principle about what a moral theory needs in order to be plausible and superior to its rivals. In subsequent sections, I try to pinpoint exactly what the demandingness objection has been taken to be. I try to explain how the demandingness objection developed in reaction to impartial act-consequentialism’s requirement of beneficence toward strangers. In zeroing in on the demandingness objection, I distinguish it from other, more or less closely related, objections. In particular, (...) I discuss arguments put forward by Bernard Williams concerning integrity, Samuel Scheffler on prerogatives, and Liam Murphy on fairness. The final part of the paper acknowledges some ways in which vagueness bedevils my own rule-consequentialism’s rules about doing good and preventing disasters. (shrink)

Many philosophers argue that individuals have duties to do their fair shares of the demands of achieving important common ends. But what happens when some individuals fail to do their fair shares?...

Unlike the traditional earnings tax which is based on the individual’s actual income, the endowment tax is based on the individual’s maximum potential income. The endowment tax raises a frightful prospect: an individual taxed according to her potential income as, say, a corporate lawyer might be forced to give up her preferred occupation as a philosophy professor and to work as a corporate lawyer in order to pay her taxes. Although this seems to be an impermissible intrusion on freedom, the (...) challenge is to specify why the endowment tax is impermissible in a way that does not rule out all forms of taxation. After showing why the solutions put forward by John Rawls and by Liam Murphy and Thomas Nagel fail, I provide my own solution. I claim that the endowment tax is impermissible not because it forecloses more options but because of which options it forecloses. Thus, in order to explain the impermissibility of the endowment tax, we first need to distinguish the options to which individuals have a legitimate moral claim. I suggest one way of drawing this distinction by appealing to two principles widely embraced in the philosophical literature. If my argument is right, then the income tax as it is currently implemented is also morally impermissible. (shrink)

In The Myth of Ownership, Liam Murphy and Thomas Nagel argue that achieving fairness in taxation is principally a matter of distributive justice. Distributive justice can be understood as being concerned with what is owed to people as a matter of justice. For Nagel and Murphy, fairness in tax schemes is subsumed to the question of distributive justice: fairly allocated tax liabilities are just those that are compatible with the preferred theory of distributive justice. Subsuming assessments of (...) tax fairness to distributive justice, however, overlooks the following possibility: that the question of how we ought to divvy up tax liabilities, and the burdens associated with running a society more generally, requires different, non-distributive considerations of justice. These are considerations of justice that aren’t essentially about distributive justice at all. I argue here that the division of burdens in a society is specifically a matter of contributive justice. Contributive justice is concerned with what people owe as a matter of justice, rather than what is owed to them. It makes the division of burdens itself evaluative salient in assessments of fairness. Even a comprehensive specification of distributive justice leaves indeterminate how the burdens of running a society should be fairly divided up. Each of the chapters in this dissertation develops one part of an account of contributive justice. I first make conceptual space for an account of contributive justice. By taking Murphy and Nagel’s lead, and working within the post-distribution, a distinctive need for principles of justice in contribution can be shown. Murphy and Nagel decline to introduce non-distributive principles for guiding the provision of post-distributive public goods. Instead, they favor efficiency in determining the provision of post-distributive of public goods. I show that contributive justice is genuinely distinct from both efficiency and distributive justice. I also identify one respect in which principles of contributive justice should bear: that of determining the financing and delivery and civic cultural public goods. I then argue that a principle of contribution in accordance with ability (a principle of “ability-to-pay”, or “ability-to-contribute”, for short) stands out as a candidate principle of contributive justice. The version of ability-to-pay that I defend is, in particular, a deontic principle of ability-to-pay. I show that a deontic principle of ability-to-pay is more closely allied with a view of society as a cooperative enterprise than utilitarian versions of ability-to-pay. An account of ability to contribute is developed by grafting a notion of opportunity cost onto Amartya Sen’s capability theory. Lastly, I incorporate contributive justice in an account of contributive legitimacy. Contributive legitimacy gives us a set of conditions under which the state’s use of coercive force to extract tax contributions is legitimate, and hence justified. Drawing on empirical evidence from the development and fiscal sociology literature, I show that contributive legitimacy in a state’s tax extraction practices is essential to rule of law, and the avoidance of kleptocratic authoritarianism. Contributive legitimacy supplements our understanding of conventional notions of political legitimacy and helps us identify possible failures of political legitimacy. These are failures that might be overlooked were we to focus solely on distribution. (shrink)

In this article I analyse different strategies of defence –derived from Hart´s PostScript– used by the legal positivists against the numerous objections made by Ronald Dworkin. Against the abandonment of the dispute proposed by Liam Murphy, I show that the methodological and conceptual discussion between Dworkin and legal positivism is vital for the dworkinian theoretical purposes.

Some moral principles require agents to do more than their fair share of a common task, if others won’t do their fair share – each agent’s fair share being what they would be required to do if all contributed as they should. This seems to provide a strong basis for objecting to such principles. For it seems unfair to require agents who have already done their fair share to do more, just because other agents won’t do their fair share. The (...) philosopher who has written most about this issue, however, Liam Murphy, argues that it is not unfair to do so, at least in the standard sense of that term. In this paper, I give Murphy’s reasons for saying this, explain why I think he’s wrong, and then say a little about why this issue might be important. (shrink)

What are we morally required to do for strangers? To answer this question – a question about the scope of requirements to aid strangers – we must first answer a question about justification: why are we required to aid them (when we are)? The main paper focuses largely on answering the question about justification, but does so in order to arrive at an answer to the question about scope. Three main issues are discussed. First, to what extent should requirements of (...) beneficence – requirements to benefit other people – be seen as generated by people’s rights to receiving aid? Secondly, what is the relationship between requirements of beneficence that apply to us collectively and requirements of beneficence that apply to each of us individually? According to Liam Murphy, our obligations to help distant strangers are fundamentally collective obligations, and any individual obligations we bear are consequently obligations to discharge our “fair share” of these collective obligations. I shall argue that, on the contrary, there are large-scale collective obligations of beneficence that derive from more fundamental individual obligations. My third issue concerns the moral significance of citizenship. What morally relevant difference is there between strangers who are compatriots and those who are not? (shrink)

In “Institutions and the Demands of Justice,” Liam Murphy ~1999! makes a distinction between two approaches to normative political theory. He labels these two positions “dualism” and “monism.” The former maintains that “the two practical problems of institutional design and personal conduct require, at the fundamental level, two different kinds of practical principle” ~1999: 254!. The most influential proponent of dualism is John Rawls. In A Theory of Justice Rawls defends his theory of “justice as fairness,” which recognizes (...) a division of responsibility between the principles that apply to the main social, economic and political institutions of society, and the principles that apply to individuals. Institutions are to be arranged so that citizens’ basic rights and liberties are protected and social and economic inequalities are to the greatest benefit of the least advantaged and attached to offices and positions open to all under conditions of fair equality of opportunity. The principles that apply to individuals include various principles of natural duty, as well as the principle of fairness. These principles impose on citizens a diverse array of duties and obligations, such as the duties of mutual respect and mutual aid. (shrink)

L’imposition est l’un des principaux sujets de la théorie de la propriété des droits, mais il a pourtant été assez négligé jusque récemment. La communauté académique des philosophes avance de nos jours des arguments pour discuter avec ardeur des types d’imposition qui sont légitimes, s’il en est, et l’on doit beaucoup en ce domaine à l’ouvrage de Liam Murphy et Thomas Nagel The Myth of Ownership. Dans leur ouvrage polémique, les auteurs soutiennent qu’il n’existe pas de droit légitime (...) permettant d’imposer par préemption ni la propriété ni les droits naturels à la propriété et que le processus d’imposition n’empiète certes jamais sur les droits de propriété, qui sont le fruit d’une institution par décret gouvernemental. Murphy et Nagel prennent pour cible principale Richard Epstein qui prône une vue libertarienne ou « libérale classique » contraire à ce propos. Epstein compare l’imposition à une expropriation publique et argumente en faveur de l’impôt sur le revenu. Nous discutons ici la thèse d’Epstein sur la propriété privée, avec laquelle nous nous trouvons en accord quoique moyennant des nuances notables. Nous examinons la théorie étatiste de la propriété de Murphy et Nagel et nous soutenons que leur égalitarisme est surtout le fait d’un présupposé. Nous concluons que l’impôt sur la propriété foncière est la forme d’imposition la plus apte à être légitimée à partir de la perspective libertarienne sur les droits naturels, plus en tous cas que l’impôt sur le revenu et que la taxe sur la valeur ajoutée, formes d’impôt qui sont les plus habituelles. Surtout, nous soutenons qu’il y a là une forme d’imposition que la Constitution du Japon autorise. (shrink)

This thesis is about demandingness objections. It is claimed that various moral theories ask too much of moral agents, and for that reason should be rejected or modified accordingly. In the first chapter, I consider what this objection entails, particularly distinguishing it from Bernard Williams's integrity objection. The second chapter investigates several attempts to undermine the objection. I contend that their arguments for a more burdensome conception of morality fail, and that accepting their `extreme' view would leave us unable to (...) explain much of our moral phenomenology. In the third chapter, I analyse what features of a moral theory make it susceptible to demandingness objections. Through this discussion I highlight social factors and psychological factors as potential candidates for generating the problem. Making use of these potential diagnoses, in chapter four, I examine the responses to demandingness objections by Richard Miller and Liam Murphy, which can provide verdicts sensitive to these features. In the fifth chapter, I examine the concept of blame and its relationship to moral wrongness. Noting this relationship and how an action's difficulty can affect whether we deem conduct blameworthy, I consider a recent proposal by Brian McElwee, that the difficulty of certain actions explains why they are too demanding. I reject this proposal, instead regarding difficulty as providing excuse conditions. However, through the discussion I draw attention to the fact that sub-optimal behaviour often does not need an excuse, suggesting that there is no `default' obligation to do the best. In the final chapter, I offer a way to consider how obligations are generated, utilising the concept of reasonableness. By incorporating this concept, and giving it a relativistic analysis, I suggest a theory can avoid demandingness objections. (shrink)

Natural law theory has been undergoing a revival, especially in political philosophy and jurisprudence. Yet, most fundamentally, natural law theory is not a political theory, but a moral theory, or more accurately a theory of practical rationality. According to the natural law account of practical rationality, the basic reasons for actions are basic goods that are grounded in the nature of human beings. Practical rationality aims to identify and characterize reasons for action and to explain how choice between actions worth (...) performing can be appropriately governed by rational standards. These standards are justified by reference to features of the human goods that are the fundamental reasons for action. This book is a defence of a contemporary natural law theory of practical rationality, demonstrating its inherent plausibility and engaging systematically with rival egoist, consequentialist, Kantian and virtue accounts. (shrink)

Background This study introduces an empirical approach for studying the role of prudence in physician treatment of end-of-life (EOL) decision making.Methods A mixed-methods analysis of transcripts from 88 simulated patient encounters in a multicenter study on EOL decision making. Physicians in internal medicine, emergency medicine, and critical care medicine were asked to evaluate a decompensating, end-stage cancer patient. Transcripts of the encounters were coded for actor, action, and content to capture the concept of Aristotelian prudence, and then quantitatively and qualitatively (...) analyzed to identify actions associated with preference-concordant treatment.Results Focusing on codes that describe characteristics of physician-patient interaction, the code for physicians restating patient preferences was associated with avoiding intubation. Multiple codes were associated with secondary measures of preference-concordant treatment.Conclusions Prudent actions can be identified empirically, and research focused on the virtue of prudence may provide a new avenue for assessment and training in EOL care. (shrink)

Is there a role for aesthetic judgements in science? One aspect of scientific practice, the use of thought experiments, has a clear aesthetic dimension. Thought experiments are creatively produced artefacts that are designed to engage the imagination. Comparisons have been made between scientific (and philosophical) thought experiments and other aesthetically appreciated objects. In particular, thought experiments are said to share qualities with literary fiction as they invite us to imagine a fictional scenario and often have a narrative form (Elgin 2014). (...) But philosophical discussions of aesthetics in science have focused mainly on the epistemic role of beauty and elegance when it comes to theories and mathematical proofs, and thought experiments have been widely overlooked. My aim in this chapter is to address how the aesthetic choices scientists make in the design of a thought experiment contribute to its function: to communicate, convince, or explain a theory or phenomenon. A key issue is whether any aesthetic features in science provide anything beyond catching our attention, or are at best, a mere heuristic aid. I respond to accounts that argue this way and show how formulation is important in scientific thought experiments and, similarly to literary fictions, there is more than one way of interpreting a thought experiment scenario. I end by considering which literary examples are most appropriate when making comparisons with thought experiments. As a result, the difference between representations in art and science raised in current discussions is not as stark as it has been made out to be, and science is a more heterogeneous practice than has been allowed. Part of the value of thought experiments in scientific practice includes the qualities they share with literary works. (shrink)