The recent Minnesota case of In re Emergency Guardianship of Albert Barnes illustrates an emerging class of cases where a dispute between a family proxy and a hospital over “medical futility” requires legal resolution. The case was further complicated by the patient’s spouse who fraudulently claimed to be the patient’s designated health care proxy and who misrepresented the patient’s previously expressed treatment preferences. Barnes demonstrates the degree of significant administrative and institutional support to the health care team, ethics consultants, and (...) futility committees that is required when a futility dispute escalates to the need for judicial resolution. An institutional futility policy, especially one that is endorsed by other regional medical centers and organizations, is an important foundation for a hospital that seeks judicial support in a dispute over medical futility in end of life care. (shrink)

Futility disputes are increasing and courts are slowly abandoning their historical reluctance to engage these contentious issues, particularly when confronted with inappropriate surrogate demands for aggressive treatment. Use of the judicial system to resolve futility disputes inevitably brings media attention and requires clinicians, hospitals, and families to debate these deep moral conflicts in the public eye. A recent case in Minnesota, In re Emergency Guardianship of Albert Barnes, explores this emerging trend and the complex responsibilities of clinicians and hospital administrators (...) seeking to replace an unfaithful surrogate demanding aggressive therapy. Use of the courts requires the coordinated commitment of significant institutional resources, management of intense media scrutiny and individual and organizational courage to enter the unpredictable world of litigation. Given the dearth of legislative guidance on medical futility, individual clinicians and institutions will continue to bear the difficult responsibility for resolution of individual futility disputes. The Barnes case illustrates how one institution successfully used the judicial system to replace an unfaithful surrogate, cease the provision of inappropriate aggressive care, and stimulate a community dialogue about appropriate care at the end of life. (shrink)

Ruth Millikan and others advocate theories which attempt to naturalize wide mental content (e.g. beliefs.

In other work I have argued that items can be on a par, where being on a par is a fourth, basic, sui generis value relation beyond the usual trichotomy of ‘better than’, ‘worse than’, and ‘equally good’. In this paper, I aim to marshal non-technical, intuitive arguments for this view. First, I try to cast doubt on the leading source of intuitive resistance to parity, the conviction that if two items are comparable, one must be better than the other, (...) worse than it, or they must be equally good. Second, I explain how parity can arise by appealing to an uncontroversial distinction between quantity and quality of value. I propose both sufficient conditions for parity and a nontechnical model of the notion. My overall aim is to bring into view a simple and intuitive picture of value – and more generally of normativity – in which parity plays a significant role. (shrink)

In this paper the authors take up James Marshall's work on the individual and autonomy. Their suggestion is that although the liberal notion of the autonomous individual might give us a standard of reference for the freedom of persons, the liberal tradition also circumscribes that freedom by prescribing it both as an attribute of persons and as a necessity for persons to exercise, in the form of choice, even though the range of choice is in fact limited. Starting from (...) an account of James Marshall and Colin Lankshear's respective work on the nature of the individual, and using Heidegger, Nietzsche, Merleau‐Ponty and others, they reintegrate the individual into society as it were, and finally, search for means of escape from the determinism of ‘governmentality’. Drawing on notions such as ‘technologies of the self’, hysteria and excess, integration of body and mind, individual and environment, subject and object, they describe the difficult, hesitant work of bringing existing parameters of thought and behaviour into consciousness. Some consequences for the relations of teachers and students within the school context are suggested. (shrink)

In this paper the authors take up James Marshall's work on the individual and autonomy. Their suggestion is that although the liberal notion of the autonomous individual might give us a standard of reference for the freedom of persons, the liberal tradition also circumscribes that freedom by prescribing it both as an attribute of persons and as a necessity for persons to exercise, in the form of choice, even though the range of choice is in fact limited. Starting from (...) an account of James Marshall and Colin Lankshear's respective work on the nature of the individual, and using Heidegger, Nietzsche, Merleau‐Ponty and others, they reintegrate the individual into society as it were, and finally, search for means of escape from the determinism of ‘governmentality’. Drawing on notions such as ‘technologies of the self’, hysteria and excess, integration of body and mind, individual and environment, subject and object, they describe the difficult, hesitant work of bringing existing parameters of thought and behaviour into consciousness. Some consequences for the relations of teachers and students within the school context are suggested. (shrink)

Michael A. PetersBeijing Normal UniversityMy deepest condolences to Pepe, Dom and Marcus and to Jim’s grandchildren. Tina and I spent a lot of time at the Marshall family home, often attending dinn...

The term “globalization” was popularized by Marshall McLuhan in War and Peace in the Global Village. In the book, McLuhan described how the global media shaped current events surrounding the Vietnam War [1] and also predicted how modern information and communication technologies would accelerate world progress through trade and knowledge development. Globalization now refers to a broad range of issues regarding the movement of goods and services through trade liberalization, and the movement of people through migration. Much has also (...) been written on the global effects of environmental degradation, population growth, and economic disparities. In addition, the pace of scientific development has accelerated, with both negative and positive implications for global health. Concerns for national health transcend borders, with a need for shared human security and an enhanced role for international cooperation and development [2]. These issues have significant bioethical implications, and thus a renewed academic focus on the ethical dimensions of public health is needed. Future developments in science and health policy also require a firm grounding in bioethical principles. These core principles include beneficence; nonmaleficence ; respect for persons and human dignity ; and attention to equity and social justice. According to the World Health Organization [3], global ethical approaches should monitor and update ethical norms for research, as necessary; anticipate ethical implications of advances in science and technology for health; apply internationally accepted codes of ethics; ensure that agreed standards guide future work on the human genome; and ensure that quality in health systems and services is assessed and promoted. (shrink)

This paper is the introduction to the volume. It gives an argumentative view of the philosophical landscape concerning incommensurability and incomparability. It argues that incomparability, not incommensurability, is the important phenomenon on which philosophers should be focusing and that the arguments for the existence of incomparability are so far not compelling.

Can quite different values be rationally weighed against one another? Can the value of one thing always be ranked as greater than, equal to, or less than the value of something else? If the answer to these questions is no, then in what areas do we find commensurability and comparability unavailable? And what are the implications for moral and legal decision making? This book struggles with these questions, and arrives at distinctly different answers.".

What sorts of consideration can be normative reasons for action? If we systematize the wide variety of considerations that can be cited as normative reasons, do we find that there is a single kind of consideration that can always be a reason? Desire-based theorists think that the fact that you want something or would want it under certain evaluatively neutral conditions can always be your normative reason for action. Value-based theorists, by contrast, think that what plays that role are evaluative (...) facts (or the facts that subvene them) about what you want, such as the fact that having it would be good in some way. This paper argues that value-based theorists are wrong; if we try to find a single kind of consideration that can always be normative reason, we find that sometimes our reason is the fact that we want something and not any corresponding evaluative fact. (shrink)

Physicians generally recommend that patients resuscitated with naloxone after opioid overdose stay in the emergency department for a period of observation in order to prevent harm from delayed sequelae of opioid toxicity. Patients frequently refuse this period of observation despiteenefit to risk. Healthcare providers are thus confronted with the challenge of how best to protect the patient’s interests while also respecting autonomy, including assessing whether the patient is making an autonomous choice to refuse care. Previous studies have shown that physicians (...) have widely divergent approaches to navigating these conflicts. This paper reviews what is known about the effects of opioid use disorder on decision-making, and argues that some subset of these refusals are non-autonomous choices, even when patients appear to have decision making capacity. This conclusion has several implications for how physicians assess and respond to patients refusing medical recommendations after naloxone resuscitation. (shrink)

In the past two decades, much work on Kant has aimed to delimit and evaluate the bedrock assumptions of Kant's mature Critical philosophy. This volume brings together leading Kant scholars to address this issue in conversation with each other, articulating and interrogating Kant's critical assumptions.

" Biosemantics " was the title of a paper on mental representation originally printed in The Journal of Philosophy in 1989. It contained a much abbreviated version of the work on mental representation in Language Thought and Other Biological Categories. There I had presented a naturalist theory of intentional signs generally, including linguistic representations, graphs, charts and diagrams, road sign symbols, animal communications, the "chemical signals" that regulate the function of glands, and so forth. But the term " biosemantics " (...) has usually been applied only to the theory of mental representation. Let me first characterize a more general class of theories called "teleological theories of mental content" of which biosemantics is an example. Then I will discuss the details that distinguish biosemantics from other naturalistic teleological theories. (shrink)

What, normatively speaking, are the grounds of rational choice? This paper defends ‘comparativism’, the view that a comparative fact grounds rational choice. It examines three of the most serious challenges to comparativism: 1) that sometimes what grounds rational choice is an exclusionary-type relation among alternatives; 2) that an absolute fact such as that it’s your duty or conforms to the Categorial Imperative grounds rational choice; and 3) that rational choice between incomparables is possible, and in particular, all that is needed (...) for the possibility of rational choice is that one alternative is not worse than the others. Each challenge is questioned. If comparativism is correct, then no matter what normative theory you favor, your answer to the question, ‘What makes my choice rational?’ must be comparative in form. In this way, comparativism provides a framework for normative theorizing. (shrink)

A leading scholar in the psychology of thinking and reasoning argues that the counterfactual imagination—the creation of "if only" alternatives to ...

Research on visual attention has uncovered significant anomalies, and some traditional methods may have inadvertently probed peripheral vision rather than attention. Vision science needs to rethink visual attention from the ground up. To facilitate this, for a year I banned the word “attention” in my lab. This constraint promoted a more precise discussion of attention-related phenomena, capacity limits, and mechanisms. The insights gained lead me to challenge attributing to “attention” those phenomena that can be better explained by perceptual processes, are (...) predictable by an ideal observer model, or that otherwise may not require an additional mechanism. I enumerate a set of critical phenomena in need of explanation. Finally, I propose a unifying theory in which all perception results from performing a task, and tasks face a limit on complexity. (shrink)

In this acclaimed exploration of the search for "authentic" individual identity, Marshall Berman explores the historical experiences and needs out of which this new radicalism arose. Focussing on eighteenth-century Paris, a time and place in which a distinctively modern form of society was just coming into its own, Berman shows how the ideal of authenticity—of a self that could organize the individual's energy and direct it toward his own happiness—articulated eighteenth-century man's deepest responses to this brave new world, and (...) his most ardent hope for a new life in it. Exploring in particular the ideas of Montesquieu and Rousseau, Berman shows how the ideal of authenticity was radically opposed to the bourgeois, capitalistic idea of "self-interest.". (shrink)

Considered the most original thinker in the Italian philosophical tradition, Giambattista Vico has been the object of much scholarly attention but little consensus. In this new interpretation, David L. Marshall examines the entirety of Vico's oeuvre and situates him in the political context of early modern Naples. He demonstrates Vico's significance as a theorist who adapted the discipline of rhetoric to modern conditions. Marshall presents Vico's work as an effort to resolve a contradiction. As a professor of rhetoric (...) at the University of Naples, Vico had a deep investment in the explanatory power of classical rhetorical thought, especially that of Aristotle, Cicero, and Quintilian. Yet as a historian of the failure of Naples as a self-determining political community, he had no illusions about the possibility or worth of democratic and republican systems of government in the post-classical world. As Marshall demonstrates, by jettisoning the assumption that rhetoric only illuminates direct, face-to-face interactions between orator and auditor, Vico reinvented rhetoric for a modern world in which the Greek polis and the Roman res publica are no longer paradigmatic for political thought. (shrink)

: This article considers what contribution the work of John Rawls can make to questions about animal ethics. It argues that there are more normative resources in A Theory of Justice for a concern with animal welfare than some of Rawls's critics acknowledge. However, the move from A Theory of Justice to Political Liberalism sees a depletion of normative resources in Rawlsian thought for addressing animal ethics. The article concludes by endorsing the implication of A Theory of Justice that we (...) look for ways other than rights discourse to respect and protect the well-being of animals. (shrink)

While it is uncontroversial to point to the liberal roots of feminism, a major issue in English-language feminist political thought over the last few decades has been whether feminism's association with liberalism should be relegated to the past. Can liberalism continue to serve feminist purposes? This book examines the positions of three contemporary feminists - Martha Nussbaum, Susan Moller Okin and Jean Hampton - who, notwithstanding decades of feminist critique, are unwilling to give up on liberalism. This book examines why, (...) and in what ways, each of these theorists believes that liberalism offers the normative and political resources for the improvement of women's situations. It also brings out and tries to explain and evaluate the differences among them, notwithstanding their shared allegiance to liberalism. In so doing, the books goes to the heart of recent debates in feminist and political theory. (shrink)

Offers an analysis of three strongly contrasting primitive civilizations, showing how behavior is influenced by custom and tradition.

In liberal political theory, meaningful work is conceptualised as a preference in the market. Although this strategy avoids transgressing liberal neutrality, the subsequent constraint upon state intervention aimed at promoting the social and economic conditions for widespread meaningful work is normatively unsatisfactory. Instead, meaningful work can be understood to be a fundamental human need, which all persons require in order to satisfy their inescapable interests in freedom, autonomy, and dignity. To overcome the inadequate treatment of meaningful work by liberal political (...) theory, I situate the good of meaningful work within a liberal perfectionist framework, from which standpoint I develop a normative justification for making meaningful work the object of political action. To understand the content of meaningful work, I make use of Susan Wolf’s distinct value of meaningfulness, in which she brings together the dimensions of objectivity and subjectivity into the ‘bipartite value’ of meaningfulness (BVM) (Wolf, Meaning in life and why it matters, 2010). However, in order to be able to incorporate the BVM into our lives, we must become valuers, that is, co-creators of values and meanings. This demands that we acquire the relevant capabilities and status as co-authorities in the realm of value. I conclude that meaningful work is of first importance because it is a fundamental human need, and that society ought to be arranged to allow as many people as possible to experience their work as meaningful through the development of the relevant capabilities. (shrink)

What a person is doing often depends on that person’s thought about what they are doing, or about the wider circumstances of their action. For example, whether my killing is murder or manslaughter depends, in part, on whether I understand that what I am doing is killing you, and on whether I understand that my killing is unjustified. Similarly, if I know that the backpack I am taking is yours, then my taking it may be an act of theft; but (...) it is not theft if I simply mistook your backpack for my own. And if I don’t know that in signing a document I’m promising to do some thing, then in signing it I’m not promising to do this at all. -/- According to Elizabeth Anscombe, a central task of philosophical psychology is to articulate this dependency of action on thought. And in a range of papers published during the 1960s, Anscombe sought to elucidate various aspects of this dependency. In this paper we give a systematic overview of how Anscombe understands this dependency, and in the process reveal the conceptual framework underlying Anscombe’s thinking about perception, desire, intention, voluntariness, responsibility, guilt, and sin. (shrink)

Dan Marshall and Josh Parsons note, correctly. that the property of being either a cube or accompanied by a cube is incorrectly classified as intrinsic under the definition we have given unless it turns out to be disjunctive. Whether it is disjunctive, under the definition we gave, turns on certain judgements of the relative naturalness of properties. They doubt the judgements of relative naturalness that would classify their property as disjunctive. We disagree. They also suggest that the whole idea (...) of judging relative naturalness is a dubious business. We reply that, like them or not, such judgements cannot easily be avoided. (shrink)

This article examines the attempts by John Rawls in the works published after Political Liberalism to engage with some of the feminist responses to his work. Rawls goes a long way toward addressing some of the major feministliberal concerns. Yet this has the unintended consequence of pushing justice as fairness in the direction of a more comprehensive, rather than a strictly political, form of liberalism. This does not seem to be a problem peculiar to Rawls: rather, any form of liberalism (...) hospitable to feminist concerns must be, at the very least, a partly comprehensive, rather than a strictly political, doctrine. (shrink)

This article considers two arguments that purport to show that inductive reasoning is unjustified: the argument adduced by Sextus Empiricus and the (better known and more formidable) argument given by Hume in the Treatise. While Sextus’ argument can quite easily be rebutted, a close examination of the premises of Hume’s argument shows that they are seemingly cogent. Because the sceptical claim is very unintuitive, the sceptical argument constitutes a paradox. And since attributions of justification are theoretical, and the claim that (...) they are never (or seldom) true isn’t preposterous, the correct response to the paradox may well be to admit that the sceptic has exposed our error in making them. (shrink)

Providing an overview of the intellectual roots of the worldwide environmental movement - from ancient religions and philosophies to modern science and ethics - this book synthesises them into a new philosophy of nature in which to ground ...

Introduction : a framework for public health ethics -- Moral considerations : bases and limits for public health -- The political and legal context of public health ethics -- Public health perspectives -- Surveillance and public health data : the foundation and eyes of public health -- Case finding : screening, testing, and tracing -- Immunization : protection through vaccination -- Containing communicable diseases : personal control measures -- Health communication -- Public health and the environment.

Sor Juana Inés de la Cruz -- Gabriel Álvarez de Toledo -- Pedro de Peralta Barnuevo -- Francisco Botello de Moraes.

Hannah Arendt claims the concept of brotherhood presents false notions of political community that elide historic hatreds of others and threaten modern political life. This paper explores Arendt’s critical assessment of the concept of brotherhood in order to reflect on one specific example: the politics of the Muslim Brotherhood in Egypt in the wake of the Arab Spring of 2011. While some observers reject Arendt’s assessment of brotherhood as too narrow, her criticisms raise useful questions about democracy and plurality, which (...) confront any community that exhorts its members to act as ‘brethren’ rather than as ‘citizens.’ The Muslim concept of brotherhood suggests many different possibilities for belonging: a classic universalism of the Abrahamic natural law tradition; a progressive counter-public sphere; and as well the authoritarian private community of believers as represented in the early writings of the Muslim Brotherhood leadership. Therefore, the politically controversial Muslim Brotherhood has no monopoly over the understanding of the Muslim concept of brotherhood. However, it is the most powerful, most well-organized brotherhood movement. The paper opens and ends with reflections on the Arab Spring of 2011, its one-year anniversary in January 2012, and considers other possibilities for the concept of brotherhood against the backdrop of Arendt’s analysis. (shrink)

This Element offers the first detailed study of Catharine Trotter Cockburn's philosophy and covers her contributions to philosophical debates in epistemology, metaphysics, moral philosophy, and philosophy of religion. It examines not only Cockburn's view that sensation and reflection are the sources of knowledge, but also how she draws attention to the limitations of human understanding and how she approaches metaphysical debates through this lens. In the area of moral philosophy, this Element argues that it is helpful to take seriously Cockburn's (...) distinction between questions concerning the metaphysical foundation of morality and questions concerning the practice of morality. Moreover, this Element examines Cockburn's religious views and considers her understanding of the relation between morality and religion and her religious views concerning the resurrection and the afterlife. (shrink)

This article considers the extent to which the debate about animal rights can be enriched by Richard Rorty’s theory of rights. Although Rorty’s work has enjoyed a lot of scholarly attention, commentators have not considered the implications of his arguments for animals. Nor have theorists of animal rights engaged his approach to rights. This paper argues that Rorty’s thinking holds a number of attractions for proponents of animal rights. It also considers some of its drawbacks. It is further argued that (...) Rorty’s thinking about rights avoids many of the problems that animal ethic of care theorists have found in rights discourse being applied to animals. Rorty’s work thus provides a valuable resource for bringing these two major strands within the animal ethics literature into closer theoretical kinship. (shrink)

PREFACE -/- WHEN first I undertook the study of the theory of Art, many years ago, I was impressed by the emphasis of pleasure attainment in all descriptions of art works, and by the emphatic pleasurableness of my own mental state during the contemplation of artistic productions. -/- My thought being thus turned to the consideration of the relation of æsthetics to hedonics, I was led to make a careful study of the psychology of pleasure and of its correlate pain: (...) the results of this study I here lay before those who may be interested. (shrink)