This article presents an overview for clinician investigators on the concepts of decision-making capacity and vulnerability as related to human subjects research. Tools for capacity assessment and unacknowledged sources of vulnerability are discussed, and the practical gaps in current informed consent requirements related to impaired capacity and potential vulnerability are described. Options are suggested for research discussions when full regulatory consent is not possible and an exception from informed consent does not apply.

The ethical concept of Informed Consent provides individuals with the right and the opportunity to approve of events that will occur regarding his or her own person. In medicine, informed consent is obtained for treatment and for research participation. However, under some circumstances, prospective informed consent cannot be obtained because of the devastating clinical condition of the patient. In emergency circumstances, treatment is never withheld if obtaining informed consent from a critically ill person is not possible or if a delay (...) while seeking surrogates would further endanger life. In emergency research circumstances, waiving informed consent for study participation is fraught with additional ethical considerations. This article will review a presentation given at the June 2, 2006 conference entitled “The Ethics of Research in Emergency Medicine”. (shrink)

Two experiments investigated whether infants represent goal‐directed actions of others in a way that allows them to draw inferences to unobserved states of affairs (such as unseen goal states or occluded obstacles). We measured looking times to assess violation of infants' expectations upon perceiving either a change in the actions of computer‐animated figures or in the context of such actions. The first experiment tested whether infants would attribute a goal to an action that they had not seen completed. The second (...) experiment tested whether infants would infer from an observed action the presence of an occluded object that functions as an obstacle. The looking time patterns of 12‐month‐olds indicated that they were able to make both types of inferences, while 9‐month‐olds failed in both tasks. These results demonstrate that, by the end of the first year of life, infants use the principle of rational action not only for the interpretation and prediction of goal‐directed actions, but also for making productive inferences about unseen aspects of their context. We discuss the underlying mechanisms that may be involved in the developmental change from 9 to 12 months of age in the ability to infer hypothetical (unseen) states of affairs in teleological action representations. (shrink)

Richard Feldman’s well-known principle about disagreement and evidence – usually encapsulated in the slogan, ‘evidence of evidence is evidence’, (EEE) – invites the question, what should a rational believer do when faced by such evidence, especially when the disagreement is with an epistemic peer? The question has been the subject of much controversy. However, it has been recently suggested both that the principle is subject to counterexamples and that it is trivial. If either is the case, the question of what (...) to do in the face of evidence of evi- dence becomes less pressing. We contend that even if one or the other of these suggestions is right about (EEE) as a general principle about evidence, they leave it untouched insofar as it plays a role in the debates about the rational way to respond to disagreement and, in particular, to disagreement by an epistemic peer. This is because in such cases the evidence about which one has evidence and which is supposed to provide evidence against one's belief is the mere fact of someone’s disagreeing, rather than something that is related to the content of the proposition about which the parties disagree. We go on to argue that, so understood, the principle is false. (shrink)

A Political Economy of Power is a comprehensive and contextualized account of ordoliberalism in English. It eliminates a long-standing deficit in the historiography of economics. The book has five...

In Biro and Siegel we argued that a theory of argumentation mustfully engage the normativity of judgments about arguments, and we developedsuch a theory. In this paper we further develop and defend our theory.

Beginning with the view that human consciousness is essentially embodied and that the way we consciously experience the world is structured by our bodily dynamics and surroundings, the book argues that emotions are a fundamental manifestation of our embodiment, and play a crucial role in self-consciousness, moral evaluation, and social cognition.

A Political Economy of Power is a comprehensive and contextualized account of ordoliberalism in English. It eliminates a long-standing deficit in the historiography of economics. The book has five...

There is a tendency to take mounted dinosaur skeletons at face value, as the raw data on which the science of paleontology is founded. But the truth is that mounted dinosaur skeletons are substantially intention-dependent—they are artifacts. More importantly, I argue, they are also substantially imagination-dependent: their production is substantially causally reliant on preparators’ creative imaginations, and their proper reception is predicated on audiences’ recreative imaginations. My main goal here is to show that dinosaur skeletal mounts are plausible candidates for (...) art-status. But, what is more, I think they are artworks—specifically, sculptures. (shrink)

Translator's preface -- Introduction: The question of phenomenology -- Hyletic phenomenology and material phenomenology -- The phenomenological method -- Pathos-with reflections on Husserl's Fifth cartesian meditation -- For a phenomenology of community.

Philosophical suspicions about the place of shame in the psychology of the mature moral agent are in tension with the commonplace assumption that to call a person shameless purports to mark a fault, arguably a moral fault. I shift philosophical suspicions away from shame and toward its absence in the shameless by focusing attention on phenomena of shamelessness. In redirecting our attention, I clarify the nature of the failing to which ascriptions of shamelessness might refer and defend the thought that, (...) as an evasion of moral self-censure, shamelessness can be morally pernicious. Far from foregoing shame, I conclude, we should be mindful of its moral importance and unapologetic in its defense. (shrink)

ABSTRACT This paper examines the evolution of Michael Polanyi’s critique of economic planning. It portrays how the focal point of his critique shifted from addressing the ‘spirit,’ ‘social consciousness,’ and ‘public emotion’ of the people supporting planned economies to addressing the administrative ‘unmanageability’ and the logical impossibility of economic planning. Polanyi developed thought experiments of imaginary economies, contrasted the ‘pyramid of authority’ with the polygons of liberty, and explained organic and inorganic ways of adjusting economic relations. He attempted to relax (...) the Leviathan of Soviet economics, and drew the conclusion that mathematics is not sufficient in itself to properly address the economy. Eventually, Polanyi developed an institutionalist approach in order to be able to address both the variability of market economies and the failures of socialist ‘super-planners’ who claimed to eliminate the drift of individual economic adjustments. (shrink)

Ce livre de Michel Freitag interpelle "tous ceux qui s'interrogent sur la place qu'ils tiennent ou le rôle qu'ils jouent dans l'aventure de l'Université contemporaine." (Georges Leroux, Spirale) Une des constantes des écrits contenus dans ce livre "réside dans la comparaison systématique que Michel Freitag établit entre les caractéristiques de la modernité et celles de la postmodernité et les conséquences de celle-ci sur le traitement des enjeux et des problèmes actuels." (Louis Guay, Anthropologie et société) "Dans une société réduite au (...) bavardage, à l'insignifiance, à la poursuite de petits bonheurs mesquins, le tout sous contrôle bureaucratique de plus en plus envahissant, une telle réflexion est devenue essentielle. Voici un livre de bonne foi qui n'attend que ses lecteurs, qu'on souhaite nombreux." (Robert Major, Voix et images). (shrink)

This paper provides an overview of the history of the notion of essence in 20th century analytic philosophy, focusing on views held by influential analytic philosophers who discussed, or relied on essence or cognate notions in their works. It in particular covers Russell and Moore’s different approaches to essence before and after breaking with British idealism, the (pre- and post-)logical positivists’ critique of metaphysics and rejection of essence (Wittgenstein, Carnap, Schlick, Stebbing), the tendency to loosen the notion of logical necessity (...) to accommodate certain metaphysical truths in Wittgenstein and others, Quine’s logical rehabilitation of metaphysics and criticism of de re modality, the modal view of essence promoted by the development of quantified modal logic (C. I. Lewis, Barcan Marcus, Kripke) and direct reference theory (Barcan Marcus, Kripke, Putnam), and the emergence of the notion of metaphysical necessity (Kneale, Kripke), and finally Fine’s re-establishment of a Neo-Aristotelian, hyperintensional notion of essence in contemporary metaphysics. (shrink)

Philosophers disagree about what the folk concept of pain is. This paper criticises existing theories of the folk concept of pain, i.e. the mental view, the bodily view, and the recently proposed polyeidic view. It puts forward an alternative proposal – the polysemy view – according to which pain terms like “sore,” “ache” and “hurt” are polysemous, where one sense refers to a mental state and another a bodily state, and the type of polysemy at issue reflects two distinct but (...) related concepts of pain. Implications with respect to issues in philosophy of pain are also drawn. (shrink)

This collection of previously unpublished essays on Spinoza provides a representative sample of new and interesting research on the philosopher. Spinoza's philosophy still has an underserved reputation for being obscure and incomprehensible. In these chapters, Spinoza is seen mostly as a metaphysician who tried to pave the way for the new science. The essays investigate several themes, notably Spinoza's monism, the nature of the individual, the relation between mind and body, and his place in 17th century philosophy including his relation (...) to Descartes and Leibniz. The top scholars working on Spinoza today are all represented, including John Carriero, Michael Della Rocca, and Don Garrett. (shrink)

« Qu’est-ce que la philosophie et quel est son rôle aujourd’hui? Entre juillet et octobre 1966, quelques mois après la parution des Mots et les Choses, Michel Foucault, dans un manuscrit très soigneusement rédigé mais qu’il ne publiera pas, apporte sa réponse à cette question tant débattue.À la différence de ceux qui, à l’époque, s’attachent à dévoiler l’essence de la philosophie ou à en prononcer la mort, Foucault l’appréhende, dans sa matérialité, comme un discours dont il convient de dégager l’économie (...) eu égard aux autres discours (scientifique, fictif, ordinaire, religieux) qui circulent dans un contexte donné.Le Discours philosophique propose ainsi une nouvelle manière de faire l’histoire de la philosophie, qui la décentre du commentaire des grands philosophes. Nietzsche y occupe toutefois une place particulière car il inaugure une conjoncture où la philosophie devient une entreprise de diagnostic du présent. Il revient en effet désormais à la philosophie de dire, à partir de l’« archive intégrale » d’une culture, ce qui en fait l’actualité.Si L’Archéologie du savoir, consacré aux enjeux méthodologiques d’un tel projet, s’y annonce, nulle part autant que dans Le Discours philosophique Michel Foucault n’aura explicité les ambitions de son programme intellectuel.»--. (shrink)

Garssen and van Laar in effect concede our main criticism of the pragma-dialectical approach. The criticism is that the conclusions of arguments can be ‘P-D reasonable’ yet patently unreasonable, epistemically speaking. The concession consists in the claim that the theory “remains restricted to the investigation of standpoints in the light of particular sets of starting points” which are “up to individual disputants to create” and the admission that all the relevant terms of normative appraisal have been redefined. We also discuss (...) their criticisms of the epistemic account of argumentation and argument evaluation and raise some new questions about the approach they defend. (shrink)

The first collection of twentieth-century French philosopher Michel Henry's work in English, this book provides an excellent introduction to his thought.

Because of their range, brilliance, and singularity, the ideas of the philosopher-critic-historian Michel Foucault have gained extraordinary currency throughout the Western intellectual community. This book offers a selection of seven of Foucault's most important published essays, translated from the French, with an introductory essay and notes by Donald F. Bouchard. Also included are a summary of a course given by Foucault at College de France; the transcript of a conversation between Foucault and Gilles Deleuze; and an interview with Foucault that (...) appeared in the journal Actuel. Professor Bouchard has divided the book into three closely related sections. The four essays in Part One examine language as a "perilous limit" of what we know and what we are. The essays in the second part suggest the methodological guidelines to which Foucault subscribes, and they record, in the editor's words, "the penetration of the language of literature into the domain of discursive thought." The material in the last section is more obviously political than the essays. It treats language in use, language attempting to impart knowledge and power. Translated by the editor and Sherry Simon into fluent and lucid English, these essays will appeal primarily to students of literature, especially those interested in contemporary continental structuralist criticism. But because of the breadth of Foucault's interests, they should also prove valuable to anthropologists, linguists, sociologists, and psychologists. (shrink)

Si l’on connaît aujourd’hui le dialogue fructueux que Paul Ricœur a noué avec les penseurs structuralistes, on ignore largement son positionnement face à la mouvance poststructuraliste. Faut-il opposer la philosophie de Ricœur au poststructuralisme à la française ou au contraire doit-on montrer qu’elle en est une variante singulière? C’est la seconde option qui est ici défendue. Certes, le poststructuralisme ne doit pas être considéré comme une école de pensée mais comme une reconstruction qui relève de l’histoire de la philosophie. Dans (...) la mesure où les horizons de dépassement du structuralisme ont été posés de manière chaque fois particulière, il est préférable de parler de poststructuralismes au pluriel. C’est la raison pour laquelle J. Michel propose des confrontations dyadiques entre Ricœur et certains de ses contemporains que l’on regroupe habituellement dans cette mouvance. (shrink)

This paper addresses a largely neglected question in ongoing debates over disagreement: what is the relation, if any, between disagreements involving credences and disagreements involving outright beliefs? The first part of the paper offers some desiderata for an adequate account of credal and full disagreement. The second part of the paper argues that both phenomena can be subsumed under a schematic definition which goes as follows: A and B disagree if and only if the accuracy conditions of A's doxastic attitude (...) are such that, if they were fulfilled, this would ipso facto make B's doxastic attitude inaccurate, or vice-versa. (shrink)

This chapter contains section titled: From “Truth and Power”.

The course given by Michel Foucault from February to March 1984, under the title 'The Courage of Truth', was his last at the Collège de France. His death shortly after, on June 25th, tempts us to detect a philosophical testament in these lectures, especially in view of the prominence they give to the theme of death, notably through a reinterpretation of Socrates' last words--'Crito, we owe a cock to Asclepius'--which, with Georges Dumézil, Foucault understands as the expression of a profound (...) gratitude towards philosophy for its cure of the only serious illness: that of false opinions and prejudices. These lectures continue and radicalize the analyses of those of the previous year. Foucault's 1983 lectures investigated the function of 'truth telling' in politics in order to establish courage and conviction as ethical conditions for democracy irreducible to the formal rules of consensus. With the Cynics, this manifestation of the truth no longer appears simply as a risky speaking out, but in the very substance of existence. In fact, Foucault offers an incisive study of ancient Cynicism as practical philsophy, athleticism of the truth, public provocation, and ascetic sovereignty. The scandal of the true life is constructed in oppositon to Platonism and its world of transcendent intelligible forms"--Publisher's description, p. [2] of dust jacket. (shrink)

In this paper we defend a particular version of the epistemic approach to argumentation. We advance some general considerations in favor of the approach and then examine the ways in which different versions of it play out with respect to the theory of fallacies, which we see as central to an understanding of argumentation. Epistemic theories divide into objective and subjective versions. We argue in favor of the objective version, showing that it provides a better account than its subjectivist rival (...) of the central fallacy of begging the question. We suggest that the strengths of the objective epistemic theory of fallacies provide support for the epistemic approach to argumentation more generally. (shrink)

Les entretiens ici réunis portent sur les conséquences de cette révolution méthodologique qui permet la compréhension des grands aspects de l'existence, thème de nombreux essais de Michel Henry à partir des années 80 : action, ...

First published: 2010; Previous edition: 2012..

As part of recent epistemic challenges to democracy, some have endorsed the implementation of epistemic constraints on voting, institutional mechanisms that bar incompetent voters from participating in public decision-making procedures. This proposal is often considered incompatible with a commitment to political equality. In this paper, I aim to dispute the strength of this latter claim by offering a theoretical justification for epistemic constraints on voting that does not rest on antiegalitarian commitments. Call this the civic accountability justification for epistemic constraints (...) on voting. On this view, voters stand to one another in a normative relation of reciprocal accountability that requires them to uphold an epistemically responsible conduct. Modest epistemic constraints on voting are justifiable because they secure that participation in voting is conforming to this normative requirement. Thanks to its distinctive features, the civic accountability justification can overcome two problems that egalitarians commonly associate with the idea of epistemic constraints on voting: the disrespect problem and the hierarchy problem. (shrink)