Dans les textes inédits « Effets moraux de l’accélération de l’histoire» (1969-1970) et « Sommes-nous libres?» (1989-1990), Jules Vuillemin montre un visage peu connu : celui d’un observateur engagé de son époque. Il y critique des mouvements sociaux et politiques contemporains – mai 1968 et la réforme du Code pénal de 1989 – en s’appuyant sur des considérations métaphysiques et morales. Plus que des tribunes politiques, ces textes montrent que la politique n’est pas, pour Vuillemin, simple affaire d’« opinion» et (...) que l’engagement n’a de valeur que soutenu par l’argumentation. (shrink)

Kyle Stanford has recently given substance to the problem of unconceived alternatives, which challenges the reliability of inference to the best explanation (IBE) in remote domains of nature. Conjoined with the view that IBE is the central inferential tool at our disposal in investigating these domains, the problem of unconceived alternatives leads to scientific anti-realism. We argue that, at least within the biological community, scientists are now and have long been aware of the dangers of IBE. We re-analyze the nineteenth-century (...) study of inheritance and development (Stanford’s case study) and extend it into the twentieth century, focusing in particular on both classical Mendelian genetics and the studies by Avery et al. on the chemical nature of the hereditary substance. Our extended case studies show the preference of the biological community for a different methodological standard: the vera causa ideal, which requires that purported causes be shown on non-explanatory grounds to exist and be competent to produce their effects. On this basis, we defend a prospective realism about the biological sciences. (shrink)

As one of the world's most eminent living philosophers, John Perry has covered a remarkable breadth of subjects in his published work, including semantics, indexicality, self-knowledge, personal identity, and consciousness. Looking particularly at the way in which he deals with issues of self, communication, and reality, this volume is organized in seven chapters that highlight a different aspect of Perry's work on the intersection of these subjects. A fundamental work for students and scholars, Identity, Language, and Mind explores questions that (...) are not only essential in understanding Perry's writings, but also contemporary philosophy as a whole. (shrink)

The essay opens with some background information about the period in which J.S. Mill wrote. The discussion revolves around the concept of blasphemy which Mill considered to be highly problematic. Tagging unpopular views as ‘blasphemous’ amounted to abuse of governmental powers and infringed on the basic liberties of the out-of-favour speakers. The discussion on blasphemy sets the scene to the understanding of Mill's concerns, his priorities and consequently his emphasis on the widest possible liberty of expression. Section 2 presents the (...) Millian principles that are pertinent to his philosophy of free speech: liberty and truth. Section 3 analyzes Mill's very limited boundaries to freedom of expression, asserting that the consequentialist reasoning had led Mill to ignore present tangible harm. It is argued that democracy is required to develop protective mechanisms against harm-facilitating speech. (shrink)

In Memory of Ed PellegrinoEuthanasia in Belgium is not limited to terminally ill patients. It may be applied to patients with chronic degenerative diseases. Currently, people in Belgium wish to make it possible to euthanize incompetent patients who suffer from dementia. This article explains the Belgian law and then explores arguments for and against euthanasia of patients with dementia. It probes the dementia paradox by elucidating Dworkin’s distinction between critical and experiential interests, arguing that at the end-of-life this distinction is (...) not clearcut. It argues against euthanasia for patients with dementia, for respecting patients’ humanity and for providing them with more care, compassion, and good doctoring. (shrink)

Can animals, and especially cattle, be the subject ofmoral concern? Should we care about their well-being?Two competing ethical theories have addressed suchissues so far. A utilitarian theory which, inBentham's wake, extends moral consideration to everysentient being, and a theory of the rights orinterests of animals which follows Feinberg'sconceptions. This includes various positions rangingfrom the most radical (about animal liberation) tomore moderate ones (concerned with the well-being ofanimals). Notwithstanding their diversity, theseconceptions share some common flaws. First, as anextension of primarily anthropocentric (...) theories (aboututility or rights) they still participate in the flawsof the original setting. Second, extending them tonon-human beings raises the problem of the borderwhich is to be drawn between what can be included inthe purview of moral consideration and what is leftoutside. Third, such theories are not able to distinguishbetween an ethics of wildlife and an ethics ofdomestic life, which too often leads to preposterousstatements. We would like to argue (i) that we should distinguishbetween environmental ethics (concerned withpopulations, species, biotic communities) and animalethics (where animals are taken into consideration individually);(ii) that individualist animal ethics are not relevantfor animal rearing; (iii) that animal rearing is a hierarchicalrelationship which rules are to be found in the fiction of a domesticcontract.Hence, we would like to construct a new conception ofthe ethics of the relation between men and the cattlethey breed based on the idea of a domestic contract.Our main assumption is Mary Midgleys's anthropologicalassumption, according to which human communities,since the Neolithic age, have always included variousanimals, so that relations of sociability have alwaysexisted between human beings and animals within thedomestic community (a mixed community). In order tospecify the hierarchical and non-egalitarian, butinclusive reciprocal obligations and relations insidesuch a community, we will elaborate on the notion ofa ``domestic contract'', an implicitly assumedidea traced back to Lucretius and whichwe will follow up to the physiocrats and Adam Smith.We will show that such an idea relies upon theassumption of communication between cattle farmer andanimals, of shared experience and exchanges betweenthe two parties. We will then show how modern factory,or battery animal farming, can be seen as unilaterallybreaking this domestic contract, forsaking ourduties towards domestic animals. (shrink)

The present paper argues that there is a structural difference between classical cases involving knowledge-undermining environmental luck, and cases where a subject acquires understanding in the presence of environmental luck. This difference appears to bear on arguments against the reductionist thesis that understanding is a special form of knowledge.

Flawed clinical practice guidelines may compromise patient care. Commercial conflicts of interest on panels that write treatment guidelines are particularly problematic, because panelists may have conflicting agendas that influence guideline recommendations. Historically, there has been no legal remedy for conflicts of interest on guidelines panels. However, in May 2008, the Attorney General of Connecticut concluded a ground-breaking antitrust investigation into the development of Lyme disease treatment guidelines by one of the largest medical societies in the United States, the Infectious Diseases (...) Society of America (IDSA). Although the investigation found significant flaws in the IDSA guidelines development process, the subsequent review of the guidelines mandated by the settlement was compromised by a lack of impartiality at various stages of the IDSA review process. This article will examine the interplay between the recent calls for guidelines reform, the ethical canons of medicine, and due process considerations under antitrust laws as they apply to the formulation of the IDSA Lyme disease treatment guidelines. The article will also discuss pitfalls in the implementation of the IDSA antitrust settlement that should be avoided in the future. (shrink)

I develop a theodicy (Non-Identity Theodicy) that begins with the recognition that we owe our existence to great and varied evils. I develop two versions of this theodicy, with the result that some version is available to the theist regardless of her assumptions about the existence and nature of free will. My defense of Non-Identity Theodicy is aided by an analogy between divine creation and human procreation. I argue that if one af rms the morality of vol- untary human procreation, (...) one should af rm the morality of divine creation; conversely, deny- ing the morality of divine creation commits one to denying the morality of human procreation. (shrink)

Written for independent study and suitable for an introductory course in logic, this classic text combines a sound presentation of logic with effective pedagogy ...

"Jewish Philosophy and the Academy reflects in broad terms on the current state of Jewish philosophy in the university. This generation of university teachers lives at a unique historic junction. It is the last to be taught by the giants of European Wissenschaft des Judentums and the first to experience the remarkable expansion of Judaic scholarship in Israel and abroad." "Emil Fackenheim suggests that if we are indebted to Athens for the philosophical method, we are also indebted to Jerusalem for (...) the ethical content of philosophy, which is both an intellectual and a moral challenge. This dual challenge shapes the diverse papers in this volume."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

Concise and readable, this introductory treatment examines logic and the concept of abstract reasoning as applied to the empirical world, as well as logic and statistical method, probability, scientific models, and more. 1944 edition.

The Dutch experience has influenced the debate on euthanasia and death with dignity around the globe, especially with regard to whether physician-assisted suicide and euthanasia should be legitimized or legalized. Review of the literature reveals complex and often contradictory views about the Dutch experience. Some claim that the Netherlands offers a model for the world to follow; others believe that the Netherlands represents danger, rather than promise, and that the Dutch experience is the definitive answer regarding why we should not (...) make active euthanasia and physician-assisted suicide part of our lives.Having investigated the Dutch experience for a number of years, in the summer of 1999 I went to the Netherlands to visit the major centers of medical ethics as well as some research hospitals, and to speak with leading figures in euthanasia policy and practice. This essay commences by providing some background information on the practice of euthanasia and on the legal framework, and then reports the main answers to my first question: Why the Netherlands? (shrink)

This paper analyses J.S. Mill's theory on the relationships between individual autonomy and State powers. It will be argued that there is a significant discrepancy between Mill's general liberal statements aimed to secure individual largest possible autonomy and the specific examples which provide the government with quite wide latitude for interference in the public and private spheres. The paper outlines the boundaries of government interference in the Millian theory. Subsequently it describes Mill's elastic paternalism designed to prevent people from inflicting (...) harm upon others as well as upon themselves, from soft paternalism on issues like compulsory education to hard paternalism on very private matters such as marriage, having children, and divorce by consent. (shrink)

This is a short introduction to a special issue of Philosophie on Beauvoir's The Second Sex. It provides a survey of the reception of Beauvoir's work in France and elsewhere.

The Dutch experience has influenced the debate on euthanasia and death with dignity around the globe, especially with regard to whether physician-assisted suicide and euthanasia should be legitimized or legalized. Review of the literature reveals complex and often contradictory views about the Dutch experience. Some claim that the Netherlands offers a model for the world to follow; others believe that the Netherlands represents danger, rather than promise, and that the Dutch experience is the definitive answer regarding why we should not (...) make active euthanasia and physician-assisted suicide part of our lives.Having investigated the Dutch experience for a number of years, in the summer of 1999 I went to the Netherlands to visit the major centers of medical ethics as well as some research hospitals, and to speak with leading figures in euthanasia policy and practice. This essay commences by providing some background information on the practice of euthanasia and on the legal framework, and then reports the main answers to my first question: Why the Netherlands? (shrink)

... abolished in 1869, but which we here learn still forms a deplorable factor in the social life of the poor in England, especially in breaking up homes. ...

This is an extensive critical review of Euthanasia in International and Comparative Perspective. My Review is divided into five parts. First, I outline the book's strengths. I proceed by speaking of the need for clear and cohesive terminology. I then discuss end-of-life decision-making in some of the countries: Belgium, The Netherlands, and the State of Oregon in the United States, all allow PAS. Belgium and The Netherlands also allow euthanasia. I also discuss Israel's Dying Patient Law,13 enacted by the Knesset (...) on December 5, 2005. Finally, I make some suggestions for improvement, including a detailed proposal for PAS which I conceive to be the best policy when balancing one against the other the autonomy of the patient, on the one hand, and the safeguards against abuse when life might be considered too lightly, on the other. Indeed, the main difference between euthanasia and PAS is that in euthanasia, it is the physician who makes the final act of taking patient's life, whereas in PAS it is the patient who takes his or her life. In euthanasia, the physician has control over the process. In PAS, the physician controls the procedure up until the last act. The patient has control over the very act of suicide. (shrink)

Questions concerning the role of doctors, abortion, mercy killings and genetics are troubling and highly problematic. They require a thorough examination and careful probing. This volume takes a step towards tackling them. Its design is both interdisciplinary and comparative, offerin g philosophical, legal and medical perspectives of scholars from North America, Europe and Israel who analyze how their respective countries try to cope with and find answers for pressing concerns.

During the summer of 1999, twenty-eight interviews with some of the leading authorities on the euthanasia policy were conducted in the Netherlands. They were asked about cases of non-voluntary (when patients are incompetent) and involuntary euthanasia (when patients are competent and made no request to die). This study reports the main findings, showing that most respondents are quite complacent with regard to breaches of the guideline that speaks ofthe patient’s consent as prerequisite to performance of euthanasia.

During the summer of 1999, twenty-eight interviews with some of the leading authorities on the euthanasia policy were conducted in the Netherlands. They were asked about cases of non-voluntary (when patients are incompetent) and involuntary euthanasia (when patients are competent and made no request to die). This study reports the main findings, showing that most respondents are quite complacent with regard to breaches of the guideline that speaks ofthe patient’s consent as prerequisite to performance of euthanasia.

Cet essai se penche sur un aspect méconnu de l’œuvre d’El Lissitzky : ses relations avec le cinéma. Il propose une analyse détaillée des deux salles d’exposition conçues entièrement par El Lissitzky, les Demonstrationsräume [Salles de démonstration] construites respectivement à Dresde (1926) et Hanovre (1927), fondée sur ses écrits théoriques du milieu des années 1920, ainsi que sur les notions de « cinéma élargi » et de « cinéma par d’autres moyens ». En soulignant l’importance de la matérialité du dispositif (...) cinématographique, cet essai décrit ces salles d’exposition modernistes comme des lieux d’expérimentation radicale visant à renégocier les relations entre les différents médias artistiques. (shrink)

Background Most jurisdictions that allow euthanasia and assisted suicide (AS) regulate it through the medical profession. However, the extent and nature of how medicine should be involved are debated. Swiss AS practice is unusual in that it is managed by lay AS organizations that rely on a law that permits AS when done for nonselfish reasons. Physicians are not mentioned in the law but are usually called upon to prescribe the lethal medications and perform capacity evaluations.Methods We analyzed in-depth interviews (...) of 23 Swiss AS experts including ethicists, lawyers, medical practitioners, and senior officials of AS organizations for their views on AS.Results Although there was agreement on some issues (e.g., need for better end-of-life care), the interviewees’ preferred model for AS, and the nature of preferred medical involvement, varied, which we categorized into five types: preference for AS practice as it occurred prior to lay AS organizations; preference for the current lay model; preference for a modified lay model to increase autonomy protections while limiting medical AS normalization; preference for various types of more medicalized models of AS; and, ambivalence about any specific model of medical involvement. The rationales given for each type of model reflected varying opinions on how medicine’s role would likely impact AS practice and demonstrated the experts’ attitudes toward those impacts.Conclusion The dynamics within the Swiss AS regime, as reflected in the varying views of Swiss AS experts, shed light on the dilemmas inherent to medical scope and involvement in AS, which may have implications for debates in other jurisdictions. (shrink)

From what standpoint have the canonical philosophies of history looked at death? And, more particularly, at life and death, since these two “events” are intimately linked? According to what idea, n...

This article utilizes Aristotelian and Kantian philosophies to probe the social responsibilities of internet intermediaries that in one way or another assist and promote suicide. Striking a balance...

SC was an 80-year-old Israeli woman. She suffered from multiple chronic conditions, including heart disease, pulmonary congestion, chronic leukemia, diabetes, and high blood pressure. She received medication to treat her medical condition. Her pressing problems were shortness of breath and severe pain in her left leg, the result of poor blood circulation. SC resided in a rehabilitative nursing home in Tel Aviv. One night she could not sleep. She sat on her bed, unable to lie down, and screamed with pain. (...) A nurse came and gave her some analgesics with no relief of her pain. The following day the institution's social worker visited her. SC sat in the dining hall with her older sister CA. The social worker asked SC .. (shrink)

This article discusses the phenomena of Cyberevenge, sexbullying, and sextortion, especially among young people. The discussion, based on extensive review of books, research reports, newspapers, journal articles and pertinent websites, analyzes these challenges. The article suggests some remedies to counter these online social ills which pertain to promoting responsibility of netcitizens, schools, governments, Non-Governmental Organizations (NGOs) and social networking sites.

The aim of this paper is to ponder the intricate issue of the right to die in dignity by focusing attention on the role of the patient's beloved people. I first provide critical examination of some of the arguments advanced by Ronald Dworkin. I proceed by contemplating relevant scenarios and examining three American court decisions: Saikewicz, Spring and Gray. The first case, Saikewicz, concerns a patient who had no family or other beloved people. I observe that this fact had a (...) significant bearing on the court's ruling not to provide him treatment. The second case, Spring, involves a patient whose family wanted to withhold treatment from him. I argue that we should be cautious of incidents in which the best interests of the patient's beloved people come at the expense of the best interests of the patient. Spring is an example of such a case. The third case, Gray, serves as an example whereby the best interests of the patient coincide with the best interests of her beloved people. I conclude by arguing that attention has to be given to the question of whether the patient's close-ones demonstrate a unified position in regard to the destiny of the patient. Gegenstand des Beitrags ist es, das schwierige Problem des Rechts, in Würde zu sterben, im Hinblick auf die Rolle der Personen zu überdenken, die dem Patienten nahestehen. Der Autor setzt sich zunächst kritisch mit einigen von Ronald Dworkin vorgetragenen Argumenten auseinander. Dann stellt er die relevanten Fallgestaltungen dar und untersucht drei Entscheidungen amerikanischer Gerichte: die Fälle Saikewicz, Spring und Gray. Der erste Fall, Saikewicz, betrifft einen Patienten ohne Familie oder andere ihm nahestehende Personen. Dieser Umstand hatte einen wesentlichen Einfluß auf die Entscheidung des Gerichts, von der Anordnung einer Behandlung des Patienten abzusehen. Im zweiten Fall, Spring, wünschte die Familie, daß der Patient nicht behandelt würde. Der Autor mahnt für alle die Fälle zur Vorsicht, bei denen die Umstände so beschaffen sind, daß das wohlverstandene Interesse der Angehörigen und das des Patienten kollidieren. Der Fall Spring ist ein Beispiel für eine solche Kollisionssituation. Der dritte Fall, Gray, dient als ein Beispiel, in dem sich das wohlverstandene Interesse des Patienten und das der ihm nahestehenden Personen decken. Zuletzt geht es um die Frage, ob die Angehörigen und andere dem Patienten nahestehende Personen in ihren Vorstellungen über das weitere Schicksal des Patienten übereinstimmen oder nicht. Die Frage verdient eine besondere Aufmerksamkeit. (shrink)

LOGIC, EXPERIENCE, AND SCIENTIFIC METHOD Holmes, The Common Law Radin, Law as Logic and Experience Cardozo, Paradoxes of Legal Science Pound, ...