Common lawyers are accustomed to the presumption of innocence being described as a “golden thread” running “[t]hroughout the web” of the criminal law: “that it is the duty of the prosecution to prove the prisoner’s guilt” (Woolmington v DPP [1935] AC 462 per Viscount Sankey LC at 481). But although the language of “golden thread” is memorable and oft-quoted, the presumption of innocence must mean more than this: it is not simply a restatement of the burden of proof in a (...) criminal trial.Once this simple point is recognised, a whole host of more complex questions arise. For example: what, precisely, is the scope of the principle? Is this a matter on which consensus is possible or desirable? What role does the presumption have to play in pre-trial proceedings, in decisions by prosecutors? Does the presumption have consequences for the substantive criminal law, or can legislators blunt its impact by defining criminal offences so as to deprive the presumption of its bite? Can legislators tr. (shrink)

In this essay, Elizabeth Campbell reviews three recent books that address the ethical nature of professional practice: Knowledge and Virtue in Teaching and Learning: The Primacy of Dispositions, by Hugh Sockett; The Good Life of Teaching: An Ethics of Professional Practice, by Chris Higgins; and Towards Professional Wisdom: Practical Deliberation in the People Professions, edited by Liz Bondi, David Carr, Chris Clark, and Cecelia Clegg. While the first two books are situated within the context of teaching and education, the (...) third book, as an edited volume, contains chapters that represent a multidisciplinary perspective on the work of professionals within nursing, social work, counseling, and the ministry, as well as in teaching. Each of the books engages in the careful inquiry into philosophy broadly and educational philosophy specifically from conceptual frameworks widely associated with Aristotelian virtue ethics. Writing from an applied perspective on the field of scholarship relating to the moral and ethical dimensions of teaching, Campbell applauds the books for their timely reminder of the central role or persona of the individual professional as a moral agent and ethical practitioner. She argues that within the contemporary context of teacher education, which tends either to neglect or narrowly define the ethics of the profession, such an emphasis on the cultivation of personal character and responsibility within a framework of clear ethical dispositions or virtues is a welcome contribution to the field. It enables teachers, teacher educators, and student teachers to concentrate on both the ethics of practice and the practice of ethics in the ongoing quest to further their own development of virtue, practical wisdom, and personal and professional knowledge. (shrink)

Modern epistemology has run into several paradoxes in its efforts to explain how knowledge acquisition can be both socially based and still able to determine objective facts about the world. In this important book, Richmond Campbell attempts to dispel some of these paradoxes, to show how they are ultimately just "illusions of paradox," by developing ideas central to two of the most promising currents in epistemology: feminist epistemology and naturalized epistemology. Campbell's aim is to construct a coherent theory (...) of knowing that is feminist and "naturalized." Illusions of Paradox will be valuable for students and scholars of epistemology and women's studies. (shrink)

Hastings Center Report, Volume 51, Issue 5, Page inside_front_cover-inside_front_cover, September‐October 2021.

Felicity Haynes earned Honours degrees in English and French literature from The University of Western Australia and completed her doctorate on reason and understanding at the University of Illinoi...

The author explores different views of the significance of the human body and contrasts those which regard it as a commodity or personal possession with those which stress its moral value as integral to the personal identity of individuals. This study provides background to many of the controversies in medical ethics.

In this article I describe the development of my collaboration with the textile artist Susie Freeman in the production of the visual arts project Pharmacopoeia. Over the last 3 years we have created a body of work that aims to provide information about common medical treatments in a way that engages the public imagination. The work is dominated by the use of active pharmaceuticals, both pills and capsules, which are incorporated into dramatic fabrics by a process known as pocket knitting. (...) These fabrics are then made into clothing and accessories, making their individual messages easier to ‘read’. The work aims to encourage people to think about their own medical and pharmacological history, and to reflect on their relationship with commonly prescribed drugs. It also reveals how dependent our society is on pharmaceuticals, how ambivalent we feel about them and yet how casually we use them. (shrink)

In this article the author seeks to establish a theoretical framework within which the contemporary concerns about young women’s unhappy and unhealthy relationships with their bodies can be elucidated. Symbolic interactionist theories are considered to explicate the imperative of producing visual identity, and modern interactionist work (Giddens) to consider the consumer capitalist context of this imperative. Post-structural feminist work is interrogated for its robust engagement with the contradictory approaches to the possibility of female agency in relation to ‘doing looks’. The (...) structural tradition is briefly utilized to consider the social position of the young people who increasingly, it is argued, seek identification through appearance. Finally, symbolic interactionist work is returned to for its ability to theorize the intersubjective production and subjective experience of body-hatred. (shrink)

Philosophy is witnessing an “Agential Turn,” characterised by the thought that explaining certain distinctive features of human mentality requires conceiving of many mental phenomena as acts, and of subjects as their agents. We raise a challenge for three central explanatory appeals to mental agency––agentialism about doxastic responsibility, agentialism about doxastic self‐knowledge, and an agentialist explanation of the delusion of thought insertion: agentialists either commit themselves to implausibly strong claims about the kind of agency involved in the relevant phenomena, or make (...) appeals to agency which seem explanatorily redundant. The agentialist literature does not contain a clear answer to this Agentialist Dilemma, and we put it forward here as a core challenge for the Agential Turn. But we also accept the fundamental motivation behind the Agential Turn, its critique and rejection of a purely passivist and spectatorial conception of the human mind. We close by urging the recognition of a broader category of rational subjectivity, a category which includes states which are neither active nor passive, but nevertheless form part of a subject's rational point of view on the world. (shrink)

Philosophy is witnessing an “Agential Turn,” characterised by the thought that explaining certain distinctive features of human mentality requires conceiving of many mental phenomena as acts, and of subjects as their agents. We raise a challenge for three central explanatory appeals to mental agency––agentialism about doxastic responsibility, agentialism about doxastic self‐knowledge, and an agentialist explanation of the delusion of thought insertion: agentialists either commit themselves to implausibly strong claims about the kind of agency involved in the relevant phenomena, or make (...) appeals to agency which seem explanatorily redundant. The agentialist literature does not contain a clear answer to this Agentialist Dilemma, and we put it forward here as a core challenge for the Agential Turn. But we also accept the fundamental motivation behind the Agential Turn, its critique and rejection of a purely passivist and spectatorial conception of the human mind. We close by urging the recognition of a broader category of rational subjectivity, a category which includes states which are neither active nor passive, but nevertheless form part of a subject's rational point of view on the world. (shrink)

Like those famous nations divided by a single tongue, my paper (this volume) and Professor P.M. Churchland's deep and engaging reply offer different spins on a common heritage. The common heritage is, of course, a connectionist vision of the inner neural economy- a vision which depicts that economy in terms of supra-sentential state spaces, vector-to-vector transformations, and the kinds of skillful pattern-recognition routine we share with the bulk of terrestrial intelligent life-forms. That which divides us is, as ever, much harder (...) to isolate and name. Clearly, it has something to do with the role of moral talk and exchange, and something to do with the conception of morality itself (and, correlatively, with the conception of moral progress). Most of this Reply will be devoted to clarifying the nature of the disputed territory. First, though (as a prophylactic against misunderstanding) I shall rehearse some points of agreement concerning moral talk and progress. (shrink)

A fresh explication of the Thomist justification of self-defense casts off the hobbles of the principle of double effects to find a more secure footing in the historical development of subjective natural rights by medieval jurists, and a straight-forward application to the latent threat of death in childbirth posed by non-consensual pregnancy. By articulating the implicit Thomistic right to defensive abortion in terms of conditional rights bestowed in Creation as correlative to particular natural law duties, justly proportionate limits to defensive (...) abortion are identified, and balanced against the forfeited or reserved natural rights variously imputed to conceptus and embryo in non-consensual pregnancies. Subsequently, the varieties of involuntary consent are examined from a Thomist perspective with a view to their relevance in justifying recourse to a rehabilitated practice of defensive abortion when free and full consent to impregnation and childbirth is absent. (shrink)

What kind of technology is the piano? It was once a distinctly everyday technology. In the bourgeois home of the nineteenth century it became an emblematic figure of gendered social life, its role shifting between visually pleasing piece of furniture, source of light entertainment, and expression of cultured upbringing. It performed this role unobtrusively, acting as a transparent mediator of social relations. To the composer of concert music it was, and sometimes still is, says Samuel Wilson, like the philosopher’s table: (...) “an assumed background on which one writes.” Like other instruments standard to Western art music, the piano was designed to facilitate the production of a consistent and refined timbre. More than most other such instruments, the piano also facilitated a kind of sonic neutrality. With its wide pitch range and smoothing of the percussive attack of its predecessor instruments, the piano presented composers with a technological means of approaching composition from a seemingly objective vantage point. It exemplified, in Heideggerian terms, the instrumentality of the instrument, serving as a mediator between idea and expression that apparently adds no character of its own. -/- This notion of the invisibility, or transparency, of the mediations that musical technologies such as the piano enact is one of my areas of concern here. So too is its inverse: when these mediations become visible or opaque. Transparency has been a topic of significant recent theoretical attention. Stefanos Geroulanos, for example, has detailed how the supposed transparency of intersubjective, epistemological, and social relations was a major point of critique in postwar French thought, where the supposition of transparency was taken to suppress how the world was “complex, layered, structured, filled with heterogeneity” – and, as I will stress here, contingency. The thinkers Geroulanos considers, from Jean-Paul Sartre through to Jean-François Lyotard, can be said to be united in their refusal to invisibilise mediatedness. From a starting point of conceiving of the piano as a technological artifact, and in particular from John Cage’s ‘prepared piano,’ I will explore how a similar concern has appeared in musical contexts, albeit not without the risk of reversion back into a logic of transparency. (shrink)

Clinical ethics consultations exist to support patients, families and clinicians who are facing ethical or moral challenges related to patient care. They provide a forum for open communication, where all stakeholders are encouraged to express their concerns and articulate their viewpoints. Ethics consultations can be requested by patients, caregivers or members of a patient’s clinical or supportive team. Althoughpatientsand by extension their families (especially in cases of decisional incapacity) are the common denominators in most ethics consultations, these constituents are theleastlikely (...) to request them. At many healthcare organisations in the USA, ethics consultations are overwhelmingly requested by physicians and other clinicians. We believe it is vital that healthcare institutions bridge the knowledge gaps and power imbalances over access to ethics consultation services through augmented policies, procedures and infrastructure. With enhanced education and support, patients and families may use ethics consultation to elevate their voices and prioritise their unique characteristics and preferences in the delivery of their healthcare. Empowering patients and families to request ethics consultation can only strengthen the patient/family–clinician relationship, enhance the shared decision-making model of care and ultimately lead to improved patient-centred care. (shrink)

Philosophy is witnessing an ‘Agential Turn’, characterised by the thought that explaining certain distinctive features of human mentality requires conceiving of many mental phenomena as acts, and of subjects as their agents. We raise a challenge for three central explanatory appeals to mental agency – agentialism about doxastic responsibility, agentialism about doxastic self-knowledge, and an agentialist explanation of the delusion of thought insertion: agentialists either commit themselves to implausibly strong claims about the kind of agency involved in the relevant phenomena, (...) or make appeals to agency which seem explanatorily redundant. The agentialist literature does not contain a clear answer to this Agentialist Dilemma, and we put it forward here as a core challenge for the Agential Turn. But we also accept the fundamental motivation behind the Agential Turn, its critique and rejection of a purely passivist and spectatorial conception of the human mind. We close by urging the recognition of a broader category of rational subjectivity, a category which includes states which are neither active nor passive, but nevertheless form part of a subject’s rational point of view on the world. (shrink)

Although ethics instruction has become an accepted part of the business school curriculum at both the undergraduate and graduate levels, some scholars have questioned its effectiveness, and research results have been mixed. However, studies yield interesting results regarding certain factors that influence the ethicality of business students and may impact the effectiveness of business ethics instruction. One of these factors is gender. Using personal and business ethics scenarios, we examine the main and interactive effects of gender and business ethics education (...) on moral judgment. We then analyze the relationships between gender and business ethics education on personal ethical perspectives. Our results indicate that women are generally more inclined to act ethically than men, but paradoxically women who have had business ethics instruction are less likely to respond ethically to business situations. In addition, men may be more responsive to business ethics education than women. Finally, women’s personal ethical orientations may become more relativistic after taking a business ethics class. (shrink)

This essay explores the relationship between boredom, leisure, selfhood, and education in Kevin Hood Gary’s book, Why Boredom Matters, paying particular attention to connections between Aristotelian and existentialist approaches to the subject. Following Gary, the essay argues that schools force students to endure boredom or try to stimulate them with distractions, rather than helping them focus on enduring sources of meaning or cultivate stronger senses of self.

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.

In what follows I offer some reflections on an ethics of listening, or perhaps more generally a philosophy of listening, that can be discerned in different forms in the experimental music that, since the 1950s, has challenged and radicalised how music is understood. I situate these reflections around three of my own concert experiences as an audience member.

Philosophers traditionally interpret Kant as a retributivist, but modern interpreters, with reference to Kant’s theory of justice and problematic passages, instead propose penal theories that mix retributive and deterrent features. Although these mixed penal theories are substantively compelling and capture the Kantian spirit, their dual aspects lead to a justificatory conflict that generates an apparent dilemma. To resolve this dilemma and clear the ground for these mixed theories, I will outline and reinterpret Kant’s penal theory by situating it in his (...) broader moral and political philosophy. This move grounds the followability requirement, which is necessary to resolve the dilemma. (shrink)

Three main issues are of cardinal interest in this paper. The first issue relates to the canons of discourse—the parameters that inform and guide any discussion—in African philosophy. These canons are accepted in one form or the other by the philosophers who have actually formulated some of them and those who have devoted their academical careers to the promotion of the positive study of African philosophy. Consequently this paper should be viewed in the same light as C.E.M. Joad's A Critique (...) of Logical Positivism in which the “Great Tradition” in philosophy is classically expounded and defended against the onslaught of the philosophical exuberance and extraordinary claims of the logical positivists in the sense that it is a rejoinder to the attack on African philosophy by those who actually may want to be known as African logical neo-positivists. (shrink)

William James has long been recognized as a central figure in the American philosophic tradition, and his ideas continue to play a significant role in contemporary thinking. Yet there has never been a comprehensive exploration of the thought of this seminal philosopher and psychologist. In Experiencing William James, renowned scholar James Campbell provides the fuller and more complete analysis that James scholarship has long needed. Commentators typically address only pieces of James's thought or aspects of his vision, often in (...) an attempt to make the task of understanding James seem easier than it is or else to dismiss him as a philosophically unprepared if well-meaning amateur. The isolated nature of these examinations, too often divorced from the original contexts, badly hinders and even distorts their conclusions. Focusing on James's own ideas rather than his critiques of others, and drawing from a wealth of scholarship that includes the completed editions of his writings and correspondence, Experiencing William James provides an invaluable, comprehensive view of James as he participates in and advances the pragmatic spirit that is at the core of American philosophy. Taking the whole of the man's thinking into account, this book offers the richest perspective so far on this great but not fully comprehended intellectual. (shrink)

This study offers a new interpretation of Hegelian recognition – a central tenet of German Idealism – focusing on positive ethical behaviours, such as love and forgiveness. Building on the work of Simone de Beauvoir and Jean-Paul Sartre, Disley reassesses Hegel’s approach to the subject/object dialectic and explores the previously neglected theological dimensions of his writings. Her new interpretation offers an innovative reading of Hegel’s stance on the relationship between intersubjectivity, forgiveness and repentance in his social theory.0.

This article shares reflections from members of the community of philosophers of education in the United States and Canada who were invited to express their insights in response to the theme ‘Snaps...

In The Riddle of Hume's Treatise: Skepticism, Naturalism, and Irreligion, Paul Russell makes a strong case for the claim that “The primary aim of Hume's series of skeptical arguments, as developed and distributed throughout the Treatise, is to discredit the doctrines and dogmas of Christian philosophy and theology with a view toward redirecting our philosophical investigations to areas of ‘common life,’ with the particular aim of advancing ‘the science of man’”. Understanding Hume in this way, according to Russell, sheds light (...) on the “ultimate riddle” of the Treatise: “is it possible to reconcile Hume's skeptical principles and conclusions with his aim to advance the ‘science of man’”? Or does Hume's skepticism undermine his “secular, scientific account of the foundations of moral life in human nature”? Russell's controversial thesis is that “the irreligious nature of Hume's fundamental intentions in the Treatise” is essential to solving the riddle. Russel.. (shrink)

What is the future of Philosophy of education? Or as many of scholars and thinkers in this final ‘future-focused’ collective piece from the philosophy of education in a new key Series put it, what are the futures—plural and multiple—of the intersections of ‘philosophy’ and ‘education?’ What is ‘Philosophy’; and what is ‘Education’, and what role may ‘enquiry’ play? Is the future of education and philosophy embracing—or at least taking seriously—and thinking with Indigenous ethicoontoepistemologies? And, perhaps most importantly, what is that (...) ‘Future’? These debates have been located in the work of diverse scholars: from the West, from Global South, from indigenous thinkers. In this collective piece, we purposefully juxtapose diverse takes on the future of these intersections. We have given up the urge to organise, place together, separate with subheadings or connect the paragraphs that follow. Instead, we let these philosophers of education and thinkers who use philosophical texts and ideas to sit together in one long read as potentially ‘strange and unusual bedfellows’. This text urges us to understand how these scholars and thinkers perceive our educational philosophical futures, and how the work and thinking they have done on thinking about what the future of that new key in philosophy of education may look like is embedded in a much deeper and richer literature, and personal experience. (shrink)

Books have their origins in conversations and seek to extend and expand those conversations over time and with different audiences. The conversations that have culminated in this book were initially stimulated through a research project at The Hastings Center on the role of religious voices in the professional fields of bioethical inquiry. Those professional conversations have continued throughout my academic career as a member of various institutional ethics committees, organizational ethics task forces, and in local, state, and national public policy (...) settings. The professional context of bioethics conversations can sometimes miss the richness of conversations that occur in the classroom and with various communities, including family members, friends, and religious and civic communities. These conversations provide an experiential depth, a groundedness in the lives and stories of persons, which augments and corrects the professionalized perspectives. I have been particularly fortunate and appreciative of opportunities to bridge the academic and professional with the personalized and communal through conversations about the ethical commitments and moral culture cultivated by The Church of Jesus Christ of Latter-day Saints (LDS or Mormon). I was invited to develop an overview essay on "Bioethics in Mormonism" for the professional reference work, Encyclopedia of Bioethics (3rd ed., 2004), and some years later received my first invitation to make a presentation on "LDS Ethics" in an academic setting at the University of Virginia. This book is the outgrowth of these many conversations and seeks to advance my communal bridging. My aim in this book is to begin bridging these various intersections between the LDS religious community and its moral culture, the professional fields of bioethics, and practical decision-making. This work seeks to be a catalyst for expanding discourse within the interdisciplinary field of Mormon studies to include ethics and bioethics. Ethics has not been a well-developed area in Mormon studies, in contrast to studies in LDS history, theology, or literature. To remedy this oversight, I present a substantive interpretation of the sources, theological background, and moral principles of LDS ethics. The historical narratives and conceptual intertwining I offer of both bioethics and of LDS moral culture is intended to complement and expand the realm of Mormon studies. A further objective is to create opportunities for reciprocal dialogues between the bioethics community and LDS scholarship. This conversation has yet to occur within academic disciplines, professional communities, or in public policy deliberations. My exposition, analysis, and critiques will intertwine and contextualize LDS moral values and health care practices within the ethical inquiry undertaken in the broader professional scholarship of bioethics. My arguments will disclose some points of common ground as well as areas of divergence towards the end of establishing the LDS faith tradition as a community of moral discourse for the bioethics field and the healing professions (medicine, nursing, pharmacy, etc.) it informs. My claim is that given its emerging cultural prominence, LDS ethical scholarship should engage in bioethical literacy and bioethics should be LDS-literate. I am also engaged in an effort to initiate more reflective dialogues regarding LDS ethics and moral culture among LDS scholars, LDS health care professionals, and the interested general LDS reader. The focus of the book on the interrelationship of religion, ethics, medicine, and health care should present for these various audiences new opportunities for mindful reflection and creative scholarship on the ethical implications of faith commitments, the responsibilities of the healing professions, and religious dimensions of public policy and public bioethics. A religious community that is formed through narratives and practices of covenantal commitments of love of neighbor needs to have a robust discourse about its ethical character. I have understood my scholarship in biomedical ethics and in religious ethics through a linking metaphor of my moral culture, of medicine, and the law, of bearing witness. The witness offers moral realities, moral truths about the way things are, vocalizes and embodies moral experience, and prophetically critiques the hypocrisies of the powerful and their oppression of the vulnerable by offering a new story, a re-storying, of tradition and conventional practice. (shrink)

This book is based on the work done by a group of British and Italian psychoanalysts who have been meeting twice yearly since 2003 to study clinically the relationship between the mind and the body of their patients The analytical dyad became the focus of a dialectical movement between body and mind and between subject and object. Containing contributions from a range of distinguished British and Italian analysts, this book covers such key topics as somatic symptoms, the embodied unconscious, bodily (...) expressions of affect, sexuality, violence, self-harm, suicide attempts, hypochondria, hysteria, anorexia and bulimia, splits and fragmentation associated with the body. The theoretical understanding is inspired by various psychoanalytic theoreticians, including Freud, M. Klein, Winnicott and Bion and their theories on sexuality, infantile sexuality, libido, aggressiveness, dead instinct, Oedipus complex and mother-child relationship. Offering new advances in theoretical thinking and practical applications for clinical work, this book will be essential for all psychoanalysts and mental health clinicians interested in understanding serious mental disturbance that is represented in the body. (shrink)

This volume unites Peter Winch's previously unpublished work on Baruch de Spinoza. The primary source for the text is a series of seminars on Spinoza that Winch gave, first at the University of Swansea in 1982 and then at King's College London in 1989. What emerges is an original interpretation of Spinoza's work that demonstrates his continued relevance to contemporary issues in metaphysics, epistemology and ethics, and establishes connections to other philosophers - not only Spinoza's predecessors such as René Descartes, (...) but also important 20th Century philosophers such as Ludwig Wittgenstein and Simone Weil. Alongside Winch's lectures, the volume contains an interpretive essay by David Cockburn, and an introduction by the editors. (shrink)

This new book explores the interface between political philosophy and politics, looking at the effects of philosophical traditions on the contemporary relationship between women and politics. Analysing key concepts in political philosophy, the author illustrates how common ideas - entrenched in the development of political thought and practice - have become almost intractable 'truths' that continue to differentiate between the sexes in politics. Liz Sperling looks in detail at the works of Plato, Aristotle, Hobbes, Locke, Rousseau, Mill, Marx, Rawls and (...) Nozick, considering general themes to which they have all contributed - such as the state of nature, the state, markets, citizenship and representation. The focus then turns to the specific contributions of the philosophers that continue to influence the association of women to politics. These include an analysis of Greek classicists' establishment of andocracy, Rousseau's treatise on education for citizenship, and nineteenth-century ideas of equality. In conclusion, the themes demonstrated throughout are drawn together to show how they translate into contemporary policy on women in politics. Offering an original insight into the ways in which political thought influences political practice, this will be essential reading in a key area of politics, philosophy and women's studies. (shrink)

In a post-feminist, post-lesbian feminist, postmodern or queer world, should lesbian work remain clearly identifiable, even when it refuses to claim lesbian identity as such? Scanning anthologies from the past three decades of lesbian poetry, and focusing particularly on the work of Maureen Duffy, Marge Yeo, Dorothea Smartt, Gillian Spraggs and Carol Ann Duffy, Liz Yorke addresses issues of lesbian visibility, lesbian identification, lesbian desire, and lesbian performativity. How do we identify what constitutes a lesbian poetic in an era when (...) ‘lesbian’ as an identity is less overtly defended, and many anthologies gloss over lesbian difference in prioritizing a higher order dedication to theme? (shrink)