This new edition of Law and Medical Ethics continues to chart the ever-widening field that the topics cover. The interplay between the health caring professions and the public during the period intervening since the last edition has, perhaps, been mainly dominated by wide-ranging changes in the administration of the National Health Service and of the professions themselves but these have been paralleled by important developments in medical jurisprudence.
In this paper I describe and analyze an economic situation involving two competitive organizations. I put forth the argument that because of the systemic nature of decision making relative to managing the requirements of utilizing a descriptive equation that determines how many people an economic system can support, that even if all the players in the situation act ethically, the results will still be harmful, and necessarily so, to the system and to many innocent people. I will demonstrate that harming (...) innocent people is required and morally defensible given the choices available. The best one can do is slow down the increase in disutilities and possibly operate the system within a range of acceptable behavior that minimizes the resulting harm to innocent people, even if we cannot entirely remove this harm. In this context ethics becomes the study of the acceptable as opposed to the preferable. (shrink)
In this moderate realist account of the whole range of issues facing contemporary analytic philosophy, J. K. Swindler aims to fill the gap in the literature between extreme realism and extreme nominalism. He discusses such fundamental concepts as existence, property, universality, individual, and necessity; analyzes the paradoxes of negative existentials and the substitutivity of co-referential terms; and defends objectivity in philosophy. The study moves through three phases: first, an argument that objective philosophical truth is attainable; second, an extended realist analysis (...) of fundamental ontological concepts; and finally, a demonstration of advantages of this ontology over leading alternatives. Weaving: An Analysis of the Constitution of Objects will be of interest to all philosophers working in contemporary philosophy, philosophy of language, logic, and metaphysics, and will serve as an excellent text for advanced undergraduate and graduate courses in metaphysics. (shrink)
Recently, new developments took place in the Dutch debate on the legislation of euthanasia. After a brief account of that debate, the article discusses a new government proposal for legislation in this field, which was submitted to the Dutch parliament in November 1991. This proposal relates not only to euthanasia but also to some other medical decisions concerning the end of life. The author concludes that, for several reasons, it is unsatisfactory.
A set is said to be amorphous if it is infinite, but is not the disjoint union of two infinite subsets. Thus amorphous sets can exist only if the axiom of choice is false. We give a general study of the structure which an amorphous set can carry, with the object of eventually obtaining a complete classification. The principal types of amorphous set we distinguish are the following: amorphous sets not of projective type, either bounded or unbounded size of members (...) of partitions of the set into finite pieces), and amorphous sets of projective type, meaning that the set admits a non-degenerate pregeometry, over finite fields either of bounded cardinality or of unbounded cardinality. The hope is that all amorphous sets will be of one of these types. Examples of each sort are constructed, and a reconstruction result for bounded amorphous sets is presented, indicating that the amorphous sets of this kind constructed in the paper are the only possible ones. The final section examines some questions concerned with the resulting cardinal arithmetic. (shrink)
This is a study of the theory of knowledge as proposed by Sankara, the eighth century Indian philosopher. After taking note of the controversy still existing among scholars concerning several books attributed to Sankara as well as certain points of his doctrine, the author bases his conclusions on the principal works of Sankara himself. Though Sankara calls himself a mere commentator of Hindu Scripture, still, he is no blind follower of tradition, but upholds the value of reasoning in making out (...) and establishing the right meaning of Scripture. Similarly experience is valued by Sankara sometimes even against the testimony of Scripture, especially when the latter seems to contradict evident facts. But the highest form of knowledge for Sankara is anubhava or direct experience, through which Brahman, the Supreme Reality, is realized as the ultimate and real self of all things. The author places Sankara's theory in proper perspective comparing it with the theories of other Indian schools and even of Western Philosophers.—J. K. (shrink)
This volume contains thirty essays written in honor of Charles Hartshorne. The papers are divided into four sections: The Current Status of Metaphysics, Studies in Whiteheadian Philosophy, Studies in Metaphysics and Logic, and Studies in the Philosophy of Religion. Although many of the essays do not focus directly on Hartshorne's thought, two of the most interesting do center on his theological concerns. They are Shubert Ogden's "Bultmann's Demythologizing and Hartshorne's Dipolar Theism" and J. N. Findlay's "Reflections on Necessary Existence. Included (...) in the book are two bibliographies, one noting the published works of Hartshorne and the other listing writings by and about Whitehead published in languages other than English.—J. K. R. (shrink)
This is a text book for an introductory course combining metaphysics and natural theology. It deals with the nature of metaphysical knowledge, act and potency, pure existence, becoming and causality, as well as the problems of natural theology like the demonstration of the existence of God, His attributes, and activity. The problems are so placed that God appears at every step of metaphysics as the first and Supreme Being, the pure act and first cause of all things.—J. K.
Originally published in 1926, this book attempts to state 'what has been believed with regard to God's incapacity for suffering'. Mozley charts the development of the doctrine from the Apostolic Fathers through the Reformation to the modern influence of metaphysical philosophy and concludes with six questions intended to prompt further theological discussion on this point. This book will be of value to anyone with an interest in the history of Christian theology.
The literature on collective action largely ignores the constraints that moral principle places on action-prompting intentions. Here I suggest that neither individualism nor holism can account for the generality of intentional contents demanded by universalizability principles, respect for persons, or proactive altruism. Utilitarian and communitarian ethics are criticized for nominalism with respect to social intentions. The failure of individualism and holism as grounds for moral theory is confirmed by comparing Tuomela's reductivist analysis of we-intentions with Gilbert's analysis of social facts. (...) Tuomela's account founders over intentions to cooperate, and Gilbert's cannot accommodate legitimate authority, vicarious agency, or group structure. (shrink)
The author outlines and compares the ethics of the six orthodox systems, Buddhism, Jainism and the Cärväka System as well as the ethical teaching of the Vedas, Upanishads and the Bahagavadgïtä. The concluding four chapters deal with the ethics of Tagore, Radhakrishnan, Gandhi and Nehru. Dr. Sharma is particularly concerned with showing that the ethics of these schools have more in common than is ordinarily supposed, that ethics must be grounded in metaphysics and that the ethical theories of the East (...) are "superior" to those of the West. The highly polemical nature of this book, as well as the author's reliance on secondary sources detracts from its purported usefulness to the scholar and student.—R. J. K. (shrink)
Mason and McCall Smith's classic textbook discusses the relationship of medical practice and ethics with the operation of the law. The subjects covered include natural and assisted reproduction, the impact of modern genetics on medicine, medical confidentiality, consent to medical treatment, the use of resources and problems surrounding death in the new medical era. It is of significance to anyone with an interest in the ethical and legal practice of medicine.
The author traces the development of the concept of an empirical scientific theory from pre-critical thought through Aristotle. Parmenides is credited with recognizing the distinction between abstract concepts and the empirical world. Zeno's paradoxes and the skepticism of the sophists are seen not only as the two major obstacles to any empirical theory but also as containing implicitly the criteria of a theory, i.e., that it must not lead to paradoxes, and that it be objectively true. Plato, in his Sophist, (...) proves that an empirical theory is possible by resolving the paradoxes and by refuting the sophists' claim that false belief is impossible. The second part of Plato's Parmenides is seen as an attempt to present and evaluate alternative "structures of the world". Finally, the author discusses Aristotle's Physics as a thoroughly worked out theory. The author's frequent use of the technical terminology of contemporary philosophy of science helps him to bring these ancient works up to date, but also yields interpretations which are anachronistic. The book is original and often insightful.—R. J. K. (shrink)
Controversy has centered on the frightening potential possessed by the state to deprive of his rights the individual officially classified as mad.In this book, ...
IN THE beginning Parmenides sought to deny the void. But he found himself trapped by his language and his thought into admitting what he sought to deny. Wisely, he counseled others to avoid the whole region in which the problem arises, lest they too be unwarily ensnared. Plato, being less easily intimidated and grasping for the first time the urgency of the paradox, unearthed each snare in turn until he felt he had found a safe path through the forbidden terrain (...) in a new conception of being and the derivation of its linguistic consequences in the Sophist. Aristotle evidently took Parmenides’ advice; and save for a few groping scholastics, perhaps Leibniz, Brentano, and Meinong, and Frege only in passing, no one else attempted the crossing before Russell made his spectacular dash through the posted ground from the completely new direction of linguistic reference. Again the problem lay dormant for half a century until Strawson constructed a new low road through ordinary language and Quine improved Russell’s high algebraic pass. Refinements of these routes have been forthcoming, especially from Searle and Kripke, until today it might appear that there are two super highways through Parmenides’ forbidden country of nonbeing. In this essay I will first argue that these new linguistic highways are no more than flimsy camouflage hiding but not resolving the old paradoxes. I will then show how Plato’s ontological way out, though more difficult, is the straight and narrow path. (shrink)
This paper traces the development of parental rights to accept or to refuse treatment for a defective newborn infant in the United Kingdom and in the United States of America; its main purpose is to explore the common trends from which an acceptable policy may be derived. It is probable that the British law on parental decision-making in respect of infants suffering from Down's syndrome is to be found in the civil case of In Re B rather than in the (...) criminal case of R v Arthur. United States court decisions are strongly influenced by constitutional law and reflect the right to personal privacy. The position on each side of the Atlantic seems very similar but this similarity includes a sense of uncertainty as to legal responsibility. There is a case for agreed guidelines and a suggested format is offered for consideration. (shrink)
The current UN policy regarding free speech presents a philosophical dilemma between accepting the free speech provisions in the Universal Declaration of Human Rights and exceptions carved out for hatred, hostility, and religious defamation. The Declaration should be understood to imply viewpoint neutrality and the exceptions for defamation are not viewpoint neutral. If the UN were to adopt J. S. Mill’s crucial distinctions between expression and performative speech, content and context, and mental states and the acts motivated by them, it (...) would be clear that hatred, hostility, and defamation cannot be exceptions to viewpoint neutral free speech. If the heart of free speech is freedom especially for the thought we hate, then the UN should abandon its exceptions or abandon appeals to free speech. However, I will offer a strong reason that it should not do the latter. (shrink)
The introduction gives a brief but very useful account of the life and works of Aquinas. The Dictionary is planned as a handbook for modern students on the model of the Plato Dictionary and the Aristotle Dictionary and concentrates on the interests of modern studies in philosophy and theology. Hence terms like Analogy of Being, Participation, Act, Potency, Matter, Form, Person, Individuation, and the other central notions of Thomistic Philosophy receive scant treatment. Similarly theological terms like Incarnation, Trinity, Redemption, and (...) Supernatural are omitted. But it contains an impressive number of entries most of which get several important text references from the works of St. Thomas.—J. K. (shrink)
_Despite advances in standard of living of the population, the condition of widows and divorced women remains deplorable in society. The situation is worse in developing nations with their unique social, cultural and economic milieu, which at times ignores the basic human rights of this vulnerable section of society. A gap exists in life expectancies of men and women in both developing and developed nations. This, coupled with greater remarriage rates in men, ensures that the number of widows continues to (...) exceed that of widowers. Moreover, with women becoming more educated, economically independent and aware of their rights, divorce rates are increasing along with associated psychological ramifications. The fact that widowed/divorced women suffer from varying psychological stressors is often ignored. It has been concluded in various studies that such stressors could be harbingers of psychiatric illnesses (e.g., depression, anxiety, substance dependence), and hence should be taken into account by treating physicians, social workers and others who come to the aid of such women. A change in mindset of the society is required before these women get their rightful place, for which a strong will is needed in the minds of the people, and in law-governing bodies._. (shrink)
This is an easy reference book on the chief figures of the history of philosophy. All the principal philosophers from Ptah-Hotep of Egypt through Thales, Buddha, Confucius, and Socrates down to modern times are presented with a statement about each one's philosophical contributions and principal works. A good many living philosophers like Bertrand Russell, Heidegger, Jaspers, Ryle, Popper, and Gilson are introduced.—J. K.
Philosophy is often regarded as a difficult subject, above the reach of ordinary men and set aside for a selected few intellectuals. Emmet says that "this is unfortunate and that philosophical matters are often less difficult and more important than is generally supposed." So he tries to introduce the reader gently to the activity of philosophising. The first four chapters discuss the basic principles connected with handling words and ideas. The nature of value judgments is analyzed in the fifth chapter. (...) The last two chapters deal with the rather difficult problems of "Appearance and Reality" and "Free Will and Determinism." In order to arouse the interest of the readers in the practice of philosophical activity, the author has furnished each chapter with exercises, adding his own comments at the end of the book.—J. K. (shrink)
This is a doctoral thesis in the Department of Philosophy of the Madras University. Central to Indian philosophical thought is Mukti or liberation from the present state of ignorance and bondage. But the positive meaning of this liberation is not conceived in the same way by all Indian schools. In the first part of the book the author examines the opinions of various Indian schools other than Vedanta, including Buddhism and Jainism. The second part explains the point of Advaita Vedanta, (...) the chief exponent of which is Sankara. For Advaita or Non-Dualism Brahman is the unique, infinite and immutable reality; Finite beings are maya or unreal beside the absolute reality of Brahman. They have only a relative and practical reality for human life until Mukti or liberation is attained in the realization that Brahman is the real self of all and the world of finite beings ceases to have any further meaning. All religious exercises are only means towards this final realization. On the whole the book is a synthesis of metaphysics from the Indian, especially non-dualistic, point of view. Twelve pages of Errata at the end of the book do little honor to the printers and publishers of the Madras University Philosophical Series.—J. K. (shrink)
The author tries to present "a clearer view of God's revealed ideal for the preacher, what he is and how he is to do his work." For that purpose he considers "his message and his authority, the character of the proclamation he is called to make, the vital necessity of his own experience of the Gospel, the nature of his motive, the source of his power, and the moral qualities which should characterize him, notably humility, gentleness and love." This preacher's (...) portrait, a portrait painted by the hand of God himself on the broad canvas of the New Testament is arrived at by the author by analyzing the different words used in the New Testament for the Christian preacher, such as Steward, Herald, Witness, Father, and Servant. This book, I believe, would be a very useful guide for every Christian preacher.—J. K. (shrink)
It is often said that if free speech means anything it means freedom for the thought we hate. This core idea is generally referred to as “viewpoint neutrality” and is consistent with the liberal intuition that governments should remain neutral with regard to conceptions of the good life. None of the traditional defenses of free speech seem to secure viewpoint neutrality, however. Instead, each justification leaves room to censor some viewpoints. Ironically my defense of viewpoint neutrality does not come from (...) the liberal assumption that governments should remain neutral about the good life. I defend a version of the virtue argument for free speech that is explicitly perfectionist—-government does not have to remain neutral when promoting good lives for its citizens. Free speech is not just a means to promote virtue but is part and parcel of intellectual virtue—-a decidedly perfectionist value. (shrink)
The originality of this work consists in its presentation of Royce as a man of letters. Royce the philosopher is well known to us. But the author says that "it seems never to have been seriously argued that he was also an eminent writer." So the first chapter deals with him as a "Man of Letters"—the prose writer, the literary critic, the historian, the novelist. The next three chapters are about his philosophy—a brief historic and systematic study. In the final (...) chapter the author shows the "Relevance of Royce." With extensive notes and references, a chronology of Royce's life, and a selected bibliography, this book seems to be a good introduction to Royce.—J. K. (shrink)
Lönning suggests that theology has long been faced with the problem of bringing Christian revelation and human culture and reason into relation without distortion of the Christian gospel. At the present time, Lönning sees this dilemma arising out of the confrontation of traditional Christian claims with those of existentialism and demythologized interpretations of Scripture, especially in regard to the issues of the nature of God's revelation in Christ and man's sinfulness and salvation. Lönning is critical of a demythologized and existentialized (...) Christian faith, claiming that faith must be more historically grounded than Bultmann allows, and that existential self-estrangement must be traced back to a fundamental distortion of man's relation to God. These remarks about contemporary theology are couched in an historical setting that includes essays on Luther, Pascal, Kierkegaard, and Nietzsche—J. K. R. (shrink)