Recently, a physician requested permission to include in the information packet about himself that he would not accept patients who smoke and would not continue the care of current patients who smoke. His poignant statement follows.

In the past ten years, there has been growing interest in and concern about protecting the privacy of personal medical information. Insofar as medical records increasingly are stored electronically, and electronic information can be shared easily and widely, there have been legislative efforts as well as scholarly analyses calling for greater privacy protections to ensure that patients can feel safe disclosing personal information to their health-care providers. At the same time, the volume of biomedical research conducted in this country continues (...) to grow. The budget of the National Institutes of Health, for example, was $20,298 million in 2001, having more than doubled from a budget of $9,218 million 10 years before. This growing body of research includes increased efforts to use stored medical records as a source of data for health services, epidemiologic, and clinical studies. (shrink)

In the past ten years, there has been growing interest in and concern about protecting the privacy of personal medical information. Insofar as medical records increasingly are stored electronically, and electronic information can be shared easily and widely, there have been legislative efforts as well as scholarly analyses calling for greater privacy protections to ensure that patients can feel safe disclosing personal information to their health-care providers. At the same time, the volume of biomedical research conducted in this country continues (...) to grow. The budget of the National Institutes of Health, for example, was $20,298 million in 2001, having more than doubled from a budget of $9,218 million 10 years before. This growing body of research includes increased efforts to use stored medical records as a source of data for health services, epidemiologic, and clinical studies. (shrink)

An approach to phenomenology, by D. Cairns.--Husserl's critique of psychologism: its historic roots and contemporary relevance, by J. Wild.--The ideal of a presuppositionless philosophy, by M. Farber.--On the intentionality of consciousness, by A. Gurwitsch.--The "reality-phenomenon" and reality, by H. Spiegelberg.--The phenomenological concept of "horizon", by H. Kuhn.--Phenomenology and logical empiricism, by F. Kaufmann.--Phenomenology and the history of science, by J. Klein.--Phenomenology and the social sciences, by A. Schuetz.--Art and phenomenology, by F. Kaufmann.--The relation of science to philosophy in the light (...) of Husserl's thought, by L. O. Kattsoff.--Husserl and the social structure of immediacy, by C. Hartshorne.--A materialist approach to Husserl's philosophy, by V. J. McGill.--Outline-sketch of a system of metaphysics, by W. E. Hocking.--Men and the law, by G. Husserl.--The ghost of modality, by H. Weyl.--Supplement: Grundlegende untersuchungen zum phänomenologischen ursprung der räumlichkeit der natur, by E. Husserl. (shrink)

The central purpose of this paper is to examine the case for political authority, i.e., the argument for having political authority rather than for having none. Thus, the case for political authority is the case against anarchism. My construction of that case owes much, no doubt, to observations made long ago by Thomas Hobbes and john locke. Nevertheless, these observations have never been stated in a satisfactory and systematic fashion, not even by Hobbes and locke themselves. Hobbes’ observations have, more (...) often than not, been misunderstood, and those of locke have generally been overlooked. However, this paper is not intended to be an exercise in the history of political philosophy. Rather, it is an assessment of a philosophical thesis, namely, that political authority is essential to man's survival and well-being. Although this thesis is rarely contested and, in fact, borders on the commonplace, it is contestable. Moreover, since disenchantment with authority and how it is exercised is growing, an examination of how men are likely to fare in its absence is appropriate. Such an examination is complex, but it is not impossible. (shrink)

The central purpose of the paper is to elucidate the inalienable rights thesis, I.E. That there is at least one inalienable right. Various senses of 'natural right' and 'inalienable' are analyzed so as to further clarify what is or could be the meaning and the truth of that thesis. A widespread confusion between the meaning of the terms 'inalienable natural right' and 'indefeasible natural right' is dispelled. It is concluded that present thinking about inalienable natural rights does not reveal precisely (...) why and in what sense there is such a right. A successful defense of the inalienable rights thesis is suggested. (shrink)

Play requires security from sober concems, and only recently have non-native North Americans feIt secure enough in wildemess lands to view them as potential playgrounds. Employing a pretend quality of play illusion, many kinds of play are derivatives from normally sober activities. I argue that the most genuine sorts of wildemess play derive from the activities of the original geographical explorers. It is thus possible to distinguish types of play for which wildemess is especially suited from types that merely happen (...) in the wildemess-i.e., for which wildemess is an accidental playground. Play values are important enough to receive serious consideration in the administration of wildemess lands, and Iconclude that our public policy ought to favor wildemess activities that most closely imitate the activities of the original geographical explorers. (shrink)

As the Zika virus pandemic continues to bring worry and fear to health officials and medical scientists, Centers for Disease Control and Prevention (CDC) and World Health Organization (WHO) have recommended that residents of the Zika-infected countries, e.g., Brazil, and those who have traveled to the area should delay having babies which may involve artificial contraceptive, particularly condom. This preventive policy, however, is seemingly at odds with the Roman Catholic Church’s position on the contraceptive. As least since the promulgation of (...) Paul VI’s 1968 encyclical, Humanae Vitae, the Church has explicitly condemned artificial birth control as intrinsic evil. However, the current pontiff, Pope Francis, during his recent visit to Latin America, remarked that the use of artificial contraception may not be in contradiction to the teaching of Humanae Vitae while drawing a parallel between the current Zika Crisis and the 1960’s Belgian Congo Nun Controversy. The pope mentioned that the traditional ethical principle of the lesser of two evils may be the doctrine that justified the exceptions. The authors of this paper attempt to expand the theological rationale of the pope’s suggestion. In so doing, the authors rely on casuistical reasoning as an analytic tool that compares the Belgian Congo Nun case and the given Zika case, and suggest that the former is highly similar to, if not the same as, the latter in terms of normative moral feature. That is, in both cases the use of artificial contraception is theologically justified in reference to the criteria that the doctrine of the lesser of two evils requires. The authors wish that the paper would provide a solid theological-ethical ground based on which condom-use as the most immediate and effective preventive measure can be recommended in numerous Catholic hospitals as well as among Catholic communities in the world, particularly the most Zika-affected and largest Catholic community in the world, Brazil – 123 million present Brazilian citizens are reported to be Roman Catholic. (shrink)

Play requires security from sober concems, and only recently have non-native North Americans feIt secure enough in wildemess lands to view them as potential playgrounds. Employing a pretend quality of play illusion, many kinds of play are derivatives from normally sober activities. I argue that the most genuine sorts of wildemess play derive from the activities of the original geographical explorers. It is thus possible to distinguish types of play for which wildemess is especially suited from types that merely happen (...) in the wildemess-i.e., for which wildemess is an accidental playground. Play values are important enough to receive serious consideration in the administration of wildemess lands, and Iconclude that our public policy ought to favor wildemess activities that most closely imitate the activities of the original geographical explorers. (shrink)

The paper attempts to set a guideline to contemporary common morality debate. The author points out what he sees as two common problems that occur in the field of comparative cultural studies related to a common morality debate. The first problem is that the advocates and opponents of common morality, consciously or unconsciously, define the moral terms in question in a way that their respective meanings would naturally lead to the outcomes that each party desires. The second problem is that (...) the examples each party chooses as the empirical evidences may not be as simple and clear-cut as the researchers think they are, mainly because the situational contexts where the examples are located between two different cultures vastly differ. To prevent these mistakes, the author emphasizes that we should pay attention to a subtle distinction between "thick" and "thin" construed from the levels of "theoretical status" and of "material content". With the conceptual distinctions in mind, the author shows how different cultures (i.e., Western individualist society and East Asian neo-Confucian society) see the moral principles like autonomy and beneficence in different lexical orders. (shrink)

Usually scholars think of Marvin Farber as an American pupil of Husserl and his figure is given historical and institutional credit. It is also said that his thought misrepresented the intentions of the master and that his idea of a naturalization of phenomenology was devoid of hermeneutical grounds. All this has fed the myth of his heresy, the idea that his philosophical proposal could be summarized as a deviation from the orthodox canon. In this paper the legitimacy of this (...) perspective is widely discussed. Is it really correct to think of him as a child of the phenomenological continental tradition transplanted on American soil? Or would it not be more fruitful to consider him, beyond the canon, as an American philosopher fully immersed in the epistemological debates of his time? The paper argues in favor of this way of interpretation, discussing Farber’s own theoretical proposal in conjunction with the ecosystem of the American philosophical history. (shrink)

Vital to libraries, teachers, and undergraduate students and their writings, this anthology offers contemporary analysis of American culture in new essays written exclusively for this book by leading anthropologists. The new essays are set against the perspective of several renowned anthropologists (Malinowski, Eric Wolf, Marvin Harris, Marshall Sahlins, etc.) to offer a uniquely anthropological perspective on the most challenging issues of our time, from immigration to job exportation to the recent financial meltdown.

The application of ontology has thus far [in 1998] been confined almost exclusively to the field of knowledge representation. Ontology has been applied, for example, in the design of medical databases and in the construction of geographical information systems. One area which is naturally suited to ontological analysis is that of the law and of social institutions in general. -/- Legal systems are composed of legal entities, such as laws, contracts, obligations, and rights. Their application yields new categories of entities (...) such as: corporations, trademarks, marriages, and parcels of real estate. The categorization of these entities by different legal systems has not, by-and-large, been conducted in ways which exploit the tools of modern ontology. Consequently, contradictions and inconsistencies often arise in the law when, for instance, one type of entity is forced into two mutually exclusive categories (e.g., when software is considered both patentable and copyrightable). Papers are invited which consider these and related issues from a philosophical point of view. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Sexual Ethics: A Theological Introduction by Todd A. Salzman and Michael G. Lawler, and: Making Love Just: Sexual Ethics for Perplexing Times by Marvin M. EllisonDarryl W. StephensReview of Sexual Ethics: A Theological Introduction TODD A. SALZMAN and MICHAEL G. LAWLER Washington, DC: Georgetown University Press, 2012. 280 pp. $26.95Review of Making Love Just: Sexual Ethics for Perplexing Times MARVIN M. ELLISON Minneapolis: Fortress Press, 2012. (...) 176 pp. $18.00Intended for “the general educated Catholic population” (xiii), Sexual Ethics: A Theological Introduction (SE) is a masterfully abridged version of the authors’ award-winning 2008 book, The Sexual Person: Toward a Renewed Catholic Anthropology (TSP). Nearly all of the text of Sexual Ethics is common to both volumes, much of it edited for a broader audience. Omitted in Sexual Ethics are about seventy pages presenting contemporary debates between the methods and anthropologies of traditionalists and revisionists (most of TSP chapters 2 and 3). New in Sexual Ethics are “Questions for Reflection” at the end of each chapter and a brief discussion of “conscience” (xxv–xxvi).In both books, the authors offer a “historically conscious and revisionist approach” to Catholic sexual morality (SE, 221). Beginning with “two magisterial principles” in “Catholic moral, sexual tradition”—procreation and the confines of marriage—the authors note different theological bases for these principles—nature and reason, respectively (xiii–xiv)—and propose a significant shift in focus from the “‘nature’ of the act” to “the meaning of the act for the human person” (xvii). Chapter 1, which could stand on its own, provides a helpful, “brief history” of “sexual morality in the Catholic tradition,” undergirding the authors’ historical (in contrast with a classicist) approach. In chapter 2, the theological crux of the argument, Todd Salzman and Michael Lawler proceed to explore methodological developments and tensions in magisterial teaching, choosing “the principle of the human person adequately considered,” theologically articulated in Gaudium et spes, as the basis for their proposal of a “unitive sexual anthropology” (47). This holistic anthropological approach to the sexual person attempts to shift the magisterium’s “focus on acts and absolute norms” in sexual ethics to a method more akin to its social ethics, focusing on general principles, interrelationships, and the common good (59). Central to their [End Page 226] argument is a reworking of the concept of complementarity purged “of every suggestion of either gender or sexual inequality” (63). The remainder of the book illustrates “how these principles apply in real, concrete, particular human relationships” (87).To critique the argument of Sexual Ethics necessarily implicates The Sexual Person, which is beyond the scope of this review. Nevertheless, it is reasonable to ask whether the same argument presented as a “renewed Catholic anthropology” (in TSP) for professional theologians functions equally well as a “theological introduction” to sexual ethics (in SE) for a lay (nonscholarly) audience. Chapter 6, “Artificial Reproductive Technologies,” is the most successful in this regard, exploring a range of ethical concerns (e.g., means versus ends, burden of proof, presumptions against, appropriate cautions, and consideration of the common good) to arrive at a qualified expansion of magisterial teaching, which becomes a guide to personal discernment. Other topics in Sexual Ethics include marriage and contraception (chapter 3), cohabitation and premarital sexuality (chapter 4), and homosexuality (chapter 5).Overall, Sexual Ethics functions better as an introduction to Catholic sexual teaching and moral anthropology than as an introduction to sexual ethics. For example, reworking the concept of “complementarity”—despite the authors’ inclination “to abandon both the word and the idea” (63)—may be necessary for reconstructing Catholic tradition, but is not necessarily the most helpful starting point for sexual ethics. Sexual Ethics will be challenging for readers lacking theological training and will be of most interest to those already committed to and invested in magisterial teaching. My recommendation would be to use The Sexual Person as a teacher’s guide when assigning Sexual Ethics. By any measure, these books present a brilliant, careful, and sophisticated scholarly argument that revises Catholic sexual teaching in important and faithful ways.In Making Love Just: Sexual Ethics for Perplexing Times (MLJ), Marvin Ellison provides an accessible, engaging introduction to sexual ethics for... (shrink)

Il saggio presenta la definizione e l’interpretazione di Maimonide delle sette leggi noahidi come si trovano nel codice halakhico _Mishnè Torà, Hilkhot melakhim_, e come discusse ed elaborate dal pensatore ebreo contemporaneo (tedesco-americano) Steven S. Schwarzschild. Rispetto ad altre versioni rabbiniche, l’interpretazione di Maimonide aggiunge la condizione che l’osservanza di quelle leggi è valida solo se sono accettate e rispettate come leggi rivelate, non solo come _lex naturalis_. Su tale condizione esiste un disaccordo tra gli studiosi e i rabbini ebrei, (...) per esempio tra Marvin Fox e Aaron Lichtenstein (la loro posizione è un caso di studio presentato qui). Più specificamente, Schwarzschild argomenta a favore dell’interpretazione del Rambam e cerca di dimostrare che è coerente con la visione globale che Maimonide aveva dell’ebraismo in quanto tale. The essay presents Maimonides’ definition and interpretation of the seven Noahide laws as they are found in the halakhic code _Mishnè Torà, Hilkhot melakhim_, and as discussed and elaborated by the contemporary Jewish (German-American) thinker Steven S. Schwarzschild. In comparison with other rabbinical versions, Maimonides’ interpretation adds the condition that the observance of those laws is valid only if they are accepted and obeyed as revealed laws, not only as _lex naturalis_. About such a condition a disagreement exists among the Jewish scholars and rabbis, for example between Marvin Fox and Aaron Lichtenstein (their position is a case-study presented here). More deeply, Schwarzschild argues in favor of the Rambam’s interpretation and tries to demonstrate that it is consistent with the comprehensive vision Maimonides had on Judaism as such. (shrink)

What is morally permissible, and what is morally obligatory? These questions form the core of a vast amount of philosophical reasoning. In his Fundamental Principles of the Metaphysics of Morals, Immanuel Kant developed a basis for the answers. In this landmark work, the German philosopher asks what sort of maxim might function as a guide to appropriate action under a given set of circumstances. By universalizing such a maxim, would morally permissible behavior not become clear? Suppose that everyone were to (...) behave in accordance with this maxim. If everyone followed the maxim in the same way without harm to civilized culture, then the behavior would be morally permissible. But what if no one followed the maxim? Would civilization thereby be at risk? In such a case, the behavior would be morally obligatory. Kant's test, known as the Categorical Imperative, is a logical proof of the Golden Rule and the centerpiece of this work. It constitutes his best-known contribution to ethical discussion, and a familiarity with his reasoning in this book is essential to students of philosophy, religion, and history. (shrink)

La afirmación “todos los triángulos son isósceles” es obviamente falsa; sin embargo, una supuesta “demostración” de tal aserto ha devenido muy popular. Al parecer, la autoría de dicha argumentación se debe a Rouse Ball (Rouse Ball, 1905, pp. 38-39). Diversos autores la han calificado como “falacia” o “sofisma”. Por ejemplo: Rouse Ball (1905, p. 38), E. A. Maxwell (1963, p. 13), Ya. S. Dubnov (2006, p. 2), Jesse Norman (2006, p. 2), Marvin J. Greenberg (2008, p. 25), K. Manders (...) (2008, p. 94). Hamblin enseña que un argumento falaz, desde el punto de vista de una larga tradición que se remonta a Aristóteles, es un argumento que no es válido, pero lo parece (Hamblin, 1970, p. 12). Así si se pretende afirmar que un argumento dado es una falacia, dos cuestiones resultan esenciales: ¿por qué el argumento es incorrecto?, ¿por qué luce como si fuera correcto? El objetivo aquí es, respondiendo ambas interrogantes, enriquecer la comprensión de este caso y, en general, algunos aspectos de la demostración geométrica heterogénea. (shrink)

La perspectiva evolutiva de Michael Ruse sobre la moral se caracteriza por combinar dos aspectos aparentemente contradictorios: por un lado, un escepticismo metaético y, por otro lado, una defensa de la ética normativa. Siguiendo la distinción de Daniel Dennett entre explicaciones con ‘ganchos celestiales’, que apelan a entidades sobrenaturales, y con ‘grúas’, que se adecúan a la teoría de la evolución por selección natural, la propuesta de Ruse busca llevar la comprensión de la ética y de la metaética en clave (...) de ‘grúa’ hasta sus últimas consecuencias. Ahora bien, la propuesta ruseana parece llegar a una aporía. Esto porque si bien en su propuesta se plantea una defensa de la ética normativa, Ruse le adjudica un rol destacado a las ‘disposiciones mentales innatas’ (vinculadas con piezas de psicología como las intuiciones o emociones morales), quedando todavía, aparentemente, un cabo suelto de su filosofía: cómo capturar, sin diluir, o sin reducir al mínimo, la normatividad de dicha ética (que el autor llama a veces ‘sustantiva’ en contraste con la metaética). En este artículo nos proponemos conservar la comprensión de la moral en clave de ‘grúa’ propuesta por Ruse pero, al mismo tiempo, recuperar una noción de razonamiento moral con mayor injerencia en la normatividad ética. Para ello, recurriremos al concepto de ‘metacognición’ que, una vez definido, nos permitirá poner en evidencia de qué manera el conocimiento de los procesos y productos cognitivos propios puede jugar un papel en el razonamiento moral destinado a inhibir disposiciones tendencialmente egoístas. (shrink)

Presentación del Dossier 'Perspectivas aristotélicas contemporáneas'.