This article argues for an understanding of the scream at the nexus of a pre-verbal, imperceptible and inaudible operation. The work of Jean-François Lyotard describes a figure that breaks with figurative, illustrative and narrative forms, and takes up an operative function. In aesthetic terms, this operative figure – the figure of the matrix of desire – is what Lyotard describes as “seeing” rather than “vision”. That is, a child-like look that does not recognise the world by which it might master (...) it, but which desires to surpass limited existence, to lose oneself and to desire everything incompossibly. “Seeing”, in other words, is an opening of the self to the world in the original sense of aisthesis. Such an opening describes a masochistic jouissance inasmuch as this is an eroticism that has no mastery in dialectical terms or in verbal expression. This article will examine the screaming, howling, whooping and wailing of characters in Marco Ferreri's La Grande Bouffe (1973) to understand the appearance of masochistic jouissance in cinema. (shrink)

A philosophical analysis of sonically charged concepts to map a theory of "sound affects.".

There are curios for sale in a vacant lot: an armless mannequin next to a gramophone, bedsprings lie before a group of children who, playing, hold hands. There is a lamp suspended from a tree and a man sitting at a Louis Quinze table that stands in the open air. Clothes flap from a clothesline aboard a barge like flapping sails or even like discarded skins. In Georges Franju’s film Le Sang des bêtes/Blood of the Beasts, the violence of “displacement” (...) is seen in the juxtaposition of out-of-place curios in the vacant lot and the dismemberment of bodies in the slaughterhouse. In the slaughterhouse, a horse’s head is cleaved with a mallet. The shock of the blow, like a burst or surge of energy, gives way to the... (shrink)

It is predicted that the rapid acquisition of new genetic knowledge and related applications during the next decade will have significant implications for virtually all members of society. Currently, most people get exposed to information about genes and genetics only through stories publicized in the media. We sought to understand how individuals in the general population used and understood the concepts of ???genetics??? and ???genes.??? During in-depth one-on-one telephone interviews with adults in the United States, we asked questions exploring their (...) basic understanding of these terms, as well as their belief as to the location of genes in the human body. A wide range of responses was received. Despite conversational familiarity with genetic terminology, many noted frustration or were hesitant when trying to answer these questions. In addition, some responses reflected a lack of understanding about basic genetic science that may have significant implications for broader public education measures in genetic literacy, genetic counseling, public health practices, and even routine health care. (shrink)

Dynamic Consent is both a model and a specific web-based tool that enables clear, granular communication and recording of participant consent choices over time. The DC model enables individuals to know and to decide how personal research information is being used and provides a way in which to exercise legal rights provided in privacy and data protection law. The DC tool is flexible and responsive, enabling legal and ethical requirements in research data sharing to be met and for online health (...) information to be maintained. DC has been used in rare diseases and genomics, to enable people to control and express their preferences regarding their own data. However, DC has never been explored in relationship to historical collections of bioscientific and genetic heritage or to contexts involving Aboriginal and Torres Strait Islander people.In response to the growing interest by First Peoples throughout Australia in genetic and genomic research, and the increasing number of invitations from researchers to participate in community health and wellbeing projects, this article examines the legal and ethical attributes and challenges of DC in these contexts. It also explores opportunities for including First Peoples' cultural perspectives, governance, and leadership as a method for defining DC on cultural terms that engage best practice research and data analysis as well as respect for meaningful and longitudinal individual and family participation. (shrink)

Benchmarks against which healthcare ethics consultation (HCEC) services can assess their performance are needed. As first-generation benchmarks continue to be developed, it is the obligation of the field to continually evaluate how these measures reflect the performance of any single HCEC service. This will be possible only with widespread reporting of standardized data points. In their article in this issue of The Journal of Clinical Ethics, Glover and colleagues provide a valuable preliminary approach for assessing appropriate consult volumes for a (...) HCEC service. The limitations of their study read as a call to action for the field of clinical ethics to expand and standardize data reporting so that more robust metrics can be developed. In response to this call by Glover and colleagues, the Cleveland Clinic HCEC service provides consult data from 2015 through 2019 for one of its medical centers, and offers an additional volumebased metric, consult-to-ICU-to-bed ratio (CiBR), that may add nuance to any normative assessment of HCEC service consult volume. Given that volume-based metrics are the native language of the clinical environment, efforts to improve such metrics in the field through transparency and standardization are warranted. However, the expositive power of volume-based metrics is limited; additional domains related to quality and outcomes are needed. (shrink)

Volume 20, Issue 3, March 2020, Page 21-24.

Although many physicians have been using the internet for both clinical and social purposes for years, recently concerns have been raised regarding blurred boundaries of the profession as a whole. In both the news media and medical literature, physicians have noted there are unanswered questions in these areas, and that professional self-regulation is needed. This report discusses the ethical implications of physicians’ nonclinical use of the internet, including the use of social networking sites, blogs, and other means to post content (...) online. It does not address the clinical use of the internet, such as telemedicine, e-prescribing, online clinical consultations, health-related websites, use of electronic media for clinical collaboration, and e-mailing patients (some of which are already covered in the AMA’s Code of Medical Ethics). (shrink)

The Council on Ethical and Judicial Affairs of the American Medical Association examines physicians’ professional ethical responsibility in the event that the security of patients’ electronic records is breached.

"Romantic love is a defining phenomenon in human existence, and an object of heightened interest for literature, art, popular culture, and psychology. But what is romantic love and why is it typically experienced as so significant to our existence? Using central ideas from the philosophy of S2ren Kierkegaard as well as engaging with contemporary discussions in the philosophy of love, this book explores the nature of romantic love and philosophically substantiates its meaningfulness to an individual's life. It does so by (...) developing a connection between love and selfhood, here explained in terms of one's distinct individuality. To be a self, it is claimed, is to possess a 'name,' that is, an individual essence. Further, the book argues, it is when we love that we regard people by their names; we respond to who they are. Accordingly, the idea anchoring the book is that love is a correspondence between essences: if Jane loves Edward, she responds to him being 'who he is,' by virtue of her being 'who she is.' The conception of being thus correspondent has important implications as to the moral and spiritual value of romantic love. Relying on Kierkegaard's analysis of the self, of faith, and of love - even if sometimes in a way that departs from Kierkegaard's explicit position - the book explores these implications. By doing this, it construes romantic love as a desirable phenomenon, emotionally, morally, and spiritually". (shrink)

Since the outbreak of COVID-19, governments have turned their attention to digital contact tracing. In many countries, public debate has focused on the risks this technology poses to privacy, with advocates and experts sounding alarm bells about surveillance and mission creep reminiscent of the post 9/11 era. Yet, when Apple and Google launched their contact tracing API in April 2020, some of the world’s leading privacy experts applauded this initiative for its privacy-preserving technical specifications. In an interesting twist, the tech (...) giants came to be portrayed as greater champions of privacy than some democratic governments. This article proposes to view the Apple/Google API in terms of a broader phenomenon whereby tech corporations are encroaching into ever new spheres of social life. From this perspective, the advantage these actors have accrued in the sphere of the production of digital goods provides them with access to the spheres of health and medicine, and more worrisome, to the sphere of politics. These sphere transgressions raise numerous risks that are not captured by the focus on privacy harms. Namely, a crowding out of essential spherical expertise, new dependencies on corporate actors for the delivery of essential, public goods, the shaping of public policy by non-representative, private actors and ultimately, the accumulation of decision-making power across multiple spheres. While privacy is certainly an important value, its centrality in the debate on digital contact tracing may blind us to these broader societal harms and unwittingly pave the way for ever more sphere transgressions. (shrink)

The concept of non-domination is an important contribution to the study of freedom but it does not comprehend the whole of freedom. Insofar as domination requires a conscious capacity for control on the part of the dominant party, it fails to capture important threats to individual freedom that permeate many contemporary liberal democracies today. Much of the racism, sexism and other cultural biases that currently constrain the life-chances of members of subordinate groups in the USA are largely unconscious and unintentional, (...) and they do not always involve control. Although they constitute real barriers to freedom, these forms of influence are not accurately characterized as domination, and they will require different mechanisms to overcome them. To achieve the more capacious freedoms that liberal democracy promises, we will need to go beyond non-domination and to come to terms with the non-sovereign, socially distributed character of human agency. (shrink)

The datafication and digitalization of health and medicine has engendered a proliferation of new collaborations between public health institutions and data corporations like Google, Apple, Microsoft and Amazon. Critical perspectives on these new partnerships tend to frame them as an instance of market transgressions by tech giants into the sphere of health and medicine, in line with a “hostile worlds” doctrine that upholds that the borders between market and non-market spheres should be carefully policed. This article seeks to outline the (...) limitations of this common framing for critically understanding the phenomenon of the Googlization of health. In particular, the mobilization of a diversity of non-market value statements in the justification work carried out by actors involved in the Googlization of health indicates the co-presence of additional worlds or spheres in this context, which are not captured by the market vs. non-market dichotomy. It then advances an alternative framework, based on a multiple-sphere ontology that draws on Boltanski and Thevenot’s orders of worth and Michael Walzer’s theory of justice, which I call a normative pragmatics of justice. This framework addresses both the normative deficit in Boltanski and Thevenot’s work and provides an important emphasis on the empirical workings of justice. Finally, I discuss why this framework is better equipped to identify and to address the many risks raised by the Googlization of health and possibly other dimensions of the digitalization and datafication of society. (shrink)

The proposal to allow assisted dying for people who are not severely ill reignited the Dutch end‐of‐life debate when it was submitted in 2016. A key criticism of this proposal is that it is too radical a departure from the safe and well‐functioning system the Netherlands already has. The goal of this article is to respond to this criticism and question whether the Dutch system really can be described as safe and well functioning. I will reconsider the usefulness of the (...) suffering criterion, and I will ultimately argue this criterion should be rejected altogether. Instead, we should consider moving towards an autonomy‐only approach to assisted dying. This would resolve some significant issues occurring under the current system of assisted dying in the Netherlands and ultimately make the process safer and better functioning. I will then consider some possible objections to adopting an autonomy‐only approach and provide some preliminary responses to these also. I will finally highlight some potential areas where further research may be necessary, namely, how to mitigate the effect of external factors such as poverty or other life aspects that may have the potential to distort the individual's ability to make autonomous decisions. I will also consider some possible international lessons that can be taken from both current as well as the proposed practice in the Netherlands. (shrink)

The paper argues that knowledge is not closed under logical inference. The argument proceeds from the openness of evidential support and the dependence of empirical knowledge on evidence, to the conclusion that knowledge is open. Without attempting to provide a full-fledged theory of evidence, we show that on the modest assumption that evidence cannot support both a proposition and its negation, or, alternatively, that information that reduces the probability of a proposition cannot constitute evidence for its truth, the relation of (...) evidential support is not closed under known entailment. Therefore the evidence-for relation is deductively open regardless of whether evidence is probabilistic or not. Given even a weak dependence of empirical knowledge on evidence, we argue that empirical knowledge is also open. On this basis, we also respond to the strongest argument in support of knowledge closure. Finally, we present a number of significant benefits of our position, namely, offering a unified explanation for a range of epistemological puzzles. (shrink)

Informed consent is an essential step in helping patients be aware of consequences of their treatment decisions. With surgery, it is vitally important for patients to understand the risks and benefits of the procedure and decide accordingly. We explored whether a written IC form was provided to patients; whether they read and signed it; whether they communicated orally with the physician; whether these communications influenced patient decisions. Adult postsurgical patients in nine general hospitals of Italy’s Campania Region were interviewed via (...) a structured questionnaire between the second and seventh day after the surgery at the end of the first surgical follow up visit. Physicians who were independent from the surgical team administered the questionnaire. The written IC form was given to 84.5% of those interviewed. All recipients of the form signed it, either personally or through a delegate; however, 13.9% did not know/remember having done so; 51.8% said that they read it thoroughly. Of those who reported to have read it, 90.9% judged it to be clear. Of those receiving the written consent form, 52.0% had gotten it the day before the surgery at the earliest 41.1% received it some hours or immediately before the procedure. The written IC form was explained to 65.6% of the patients, and 93.9% of them received further oral information that deemed understandable. Most attention was given to the diagnosis and the type of surgical procedure, which was communicated respectively to 92.8 and 88.2% of the patients. Almost one in two patients believed that the information provided some emotional relief, while 23.2% experienced increased anxiety. Younger patients and patients with higher levels of education were more likely to read the written IC form. The written IC form is not sufficient in assuring patients and making them fully aware of choices they made for their health; pre-operative information that was delivered orally better served the patients’ needs. To improve the quality of communication we suggest enhancing physicians’ communication skills and for them to use structured conversation to ensure that individuals are completely informed before undergoing their procedures. (shrink)

The construct of moral intensity, proposed by Jones (1991), was used to predict the extent to which individuals were able to recognize moral issues. We tested for the effects of the six dimensions of moral intensity: social consensus, proximity, concentration of effect, probability of effect, temporal immediacy and magnitude of consequences. A scenario-based study, conducted among business individuals in Singapore, revealed that social consensus and magnitude of consequences influenced the recognition of moral issues. The study provided evidence for the effects (...) of temporal immediacy. There was marginal support for the impact of proximity and probability of effect but no evidence that concentration of effect influenced recognition of moral issues. The paper concludes with a discussion of the implications of these results for researchers and organisational practitioners. (shrink)

The idea that knowledge can be extended by inference from what is known seems highly plausible. Yet, as shown by familiar preface paradox and lottery-type cases, the possibility of aggregating uncertainty casts doubt on its tenability. We show that these considerations go much further than previously recognized and significantly restrict the kinds of closure ordinary theories of knowledge can endorse. Meeting the challenge of uncertainty aggregation requires either the restriction of knowledge-extending inferences to single premises, or eliminating epistemic uncertainty in (...) known premises. The first strategy, while effective, retains little of the original idea—conclusions even of modus ponens inferences from known premises are not always known. We then look at the second strategy, inspecting the most elaborate and promising attempt to secure the epistemic role of basic inferences, namely Timothy Williamson’s safety theory of knowledge. We argue that while it indeed has the merit of allowing basic inferences such as modus ponens to extend knowledge, Williamson’s theory faces formidable difficulties. These difficulties, moreover, arise from the very feature responsible for its virtue- the infallibilism of knowledge. (shrink)

Studies on surrogate motherhood have mostly explored paid arrangements through the lens of a contract model, as clinical work or as a maternal identity-building project. Turning to the under-examined case of unpaid, so-called altruistic surrogate motherhood and based on an analysis of interviews with women who had been unpaid surrogate mothers in a full gestational surrogacy with a friend or relative in Canada, the United States or Australia, this article explores altruistic surrogate motherhood as relational work. It argues that this (...) form of surrogate motherhood within close interpersonal relations can be conceptualised through the relational work involved in hosting a child for the intended parents. The article explores how relational work in this context implies an embodied, asymmetrical and far-reaching sense of responsibility that surrogate mothers describe as characteristic of their surrogacy experience. In this way, the article sheds light on feminist concerns about surrogacy as an embodied and objectifying work of women while at the same time illuminating how surrogate mothers respond to the intended parents in light of their pre-surrogacy relationship, how meanings are negotiated by them and how relationships are managed during the pregnancy. (shrink)

In their vulnerability to arbitrary, exploitative uses of human power, many of Earth’s nonhuman parts are subject to environmental domination. People too are subject to environmental domination in ways that include but also extend beyond the special environmental burdens borne by those who are poor and marginalized. Despite the substantial inequalities that exist among us as human beings, we are all captured and exploited by the eco-damaging collective practices that constitute modern life for everyone today. Understanding the complex, interacting dynamics (...) of environmental domination can orient us to a more liberatory approach to our environmental problems and to one another, both human and nonhuman. To make good on this potential, however, we need to move beyond existing conceptions of domination. This essay reconstructs the concept of domination to illuminate the multiple ways that the human domination of nature interacts with the domination of people, and it identifies changes that could support more emancipatory forms of political order, a politics of non-domination for people and the Earth. (shrink)

A better appreciation of the material, distributed quality of human agency can illuminate subtle dynamics of domination and oppression and reveal resources for potentially liberatory political action. Materialist accounts of agency nevertheless pose challenges to the notion of personal responsibility that is so crucial to political obligation and democratic citizenship. To guard against this danger, we need to sustain the close connection between agency and a sense of selfhood that is individuated, reflexive, and responsive to norms. Yet we should acknowledge (...) that reflexive selfhood is not the whole of individual agency for the sources of agency extend beyond the individual herself. We also need to recognize the ways that both reflexivity and norm-responsiveness are themselves embodied capacities. When properly conceived, a materialist view of agency can increase awareness of our oftenunwitting contributions to systematic inequalities of power and extend our political responsibilities in emancipatory directions, thus holding great promise for democratic life. (shrink)

Harman and Lewis credit Kripke with having formulated a puzzle that seems to show that knowledge entails dogmatism. The puzzle is widely regarded as having been solved. In this paper we argue that this standard solution, in its various versions, addresses only a limited aspect of the puzzle and holds no promise of fully resolving it. Analyzing this failure and the proper rendering of the puzzle, it is suggested that it poses a significant challenge for the defense of epistemic closure.

Timothy Williamson has famously argued that the principle should be rejected. We analyze Williamson's argument and show that its key premise is ambiguous, and that when it is properly stated this premise no longer supports the argument against. After canvassing possible objections to our argument, we reflect upon some conclusions that suggest significant epistemological ramifications pertaining to the acquisition of knowledge from prior knowledge by deduction.

Jane Heal; XV*—Semantic Holism: Still a Good Buy, Proceedings of the Aristotelian Society, Volume 94, Issue 1, 1 June 1994, Pages 325–339, https://doi.org/10.10.

This paper presents selected findings from a historical analysis of change in the discursive construction of social identity in UK education policy discourse from 1972–2005. My chief argument is that through its linguistic forms of self-identification the government construes educational roles, relations and responsibilities not only for itself, but also for other educational actors and wider society. More specifically, I argue that New Labour's distinctive mode of self-representation is an important element in its hegemonic project, textually manufacturing consent over its (...) policy decisions, and helping to articulate its self-styled ‘enabling’ model of governance. As evidence for these claims I discuss two prominent trends in New Labour's education policy rhetoric, which I characterise as ‘personalisation’ and ‘managerialisation’. Respectively, these relate to the discursive representation of social identity and social action. (shrink)

Data management raises a number of issues, both regulatory and non-regulatory. Researchers should understand how data are defined by their particular institutions and regulatory authorities. Data are the bases of scientific communication and provide a strong defense against allegations of scientific misconduct. Authorization is often necessary before collection of data can commence. Proper handling, retention, and storage of data, especially that involving humans, are crucial for the researcher. Data ownership by the institution leads to a responsibility by the institution to (...) educate all its researchers in responsible data management practices. (shrink)

Innovative surgery raises four kinds of ethical challenges: potential harms to patients; compromised informed consent; unfair allocation of healthcare resources; and conflicts of interest. Lack of adequate data on innovations and lack of regulatory oversight contribute to these ethical challenges. In this paper these issues and the extent to which problems may be resolved by better evidence-gathering and more comprehensive regulation are explored. It is suggested that some ethical issues will be more resistant to resolution than others, owing to special (...) features of both surgery and innovation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Autonomy and Community: Readings in Contemporary Kantian Social Philosophy ed. by Jane Kneller and Sidney AxinnJeanine GrenbergJane Kneller and Sidney Axinn, editors, Autonomy and Community: Readings in Contemporary Kantian Social Philosophy. Albany: State University of New York Press, 1998. Pp. xi + 334. Paper, $21.95.The intent of this volume is not narrow textual exegesis but the application of Kantian themes to “problems of contemporary society,” (xi). The (...) editors thus advise their readers that “[t]he present collection is … ‘Kantian’ in a broad sense,” and that the opinions put forward by the contributors may “diverge rather widely” (viii) from Kant’s own. In an introductory essay, Jane Kneller notes further that the book distinguishes between “political” philosophy in a narrow sense, and “social” philosophy, which is concerned with “the behaviour of human beings” more broadly construed. Kant, Kneller argues, does have such a “social philosophy,” and this volume will reveal it.The book is largely successful in its stated goal. The essays run the gamut of careful, if controversial, textual analyses (e.g., Allen Wood’s and Robert Paul Wolff’s essays) to those which take Kant simply as a launching pad for an analysis of a variety of social issues. At times, this relation to Kant is a positive one (e.g., Harry van der Linden’s claim that Kant provides the basis for enterprise democracy), and at times negative (e.g., Charles Mills’ claim that Kantian respect for persons masks a “dark ontology” which supports structural racism).A careful reader can find among these varied essays interestingly opposed approaches to similar topics. Wolff and Sharon Anderson-Gold [End Page 538] end up at loggerheads over the relation of Kant’s ethical and social philosophies. Wolff makes Kant’s justification of morality derivative of the establishment of the social contract. But Anderson-Gold argues for a reversed relationship; for her, Kant’s “principle of humanity” grounds a basic human right of persons in any society to be free from certain types of state interference.Another interesting juxtaposition is found between Nelson Potter and Thomas Auxter, both of whom tackle Kant’s views on retributivism. Potter seeks to humanize retributivism by showing its basis in equality and respect for persons. Auxter takes a diametrically opposed approach, arguing that Kant’s moral theory can stand unscathed if we eliminate his now outdated retributivist commitments.A meta-issue looms in all these discussions: what does and doesn’t count as “Kantian”? This book, wisely, provides no hard and fast definition; rather, by presenting a broad variety of at times seriously divergent points of view, it constitutes a refreshingly pluralistic response to what counts as Kantian: Kantian is as Kantian does. It is rare to find such diversity of interpretation in a single volume, and this book is to be commended for achieving it.There are, however, prices to pay for the achievement of diversity, the largest being a certain disconnectedness of thought. The sectioning of the book into two parts—“Kantian Social Theory” and “Kant and Contemporary Social Issues” —instead of helping to guide the reader, ends up encouraging an ultimately strained distinction. Why does Robin Schott’s essay on feminism belong with “social theory” instead of “contemporary social issues”? Why don’t Anderson-Gold’s reflections on the relationship between moral and social issues qualify as “social theory”? It might have been better, organizationally, to highlight more specific themes by distinguishing sections on “Retributivism,” “International Law,” and the like.The individual essays vary in their success in defending their stated theses. Allen Wood is insightful and even-handed in convincing this initially skeptical reader of what seems, at first blush, a rather implausible view of Kant as an historical materialist. Though some may not find his own position to be very “liberal,” Gerald Gaus’ assessment of the current state of Kantian liberalist approaches to environmental values and his proposed alternative are cogent, enlightening and challenging. Sidney Axinn’s acceptance, without argument, of a simple analogy between individual persons and individual nation states to argue for the need for a world government makes his account ultimately dissatisfying. Charles Mills rightly takes note of an editor’s concern that... (shrink)

In this issue of Journal of Medical Ethics, Pugh1 offers a pluralist justice-based argument in support of the spirit, if not the precise letter, of the UK approach to the use of genetic test results to underwrite life insurance. We agree with Dr Pugh’s general contention that there is ethical and philosophical support for curtailment of insurers’ access to, and use of, applicants’ GTR in underwriting. However, we disagree with the contention that broad revisionary implications of certain theories of justice (...) render them unpersuasive. In fact, despite the competing theories, the United Nations Universal Declaration on the Human Genome and Human Rights has already made a clear statement on this issue. Article 6 of the Declaration,2 unanimously adopted in 1997 by 77 countries, along with a resolution for its implementation,3 states, ‘No one shall be subjected to discrimination based on genetic characteristics that is intended to infringe or has the effect of infringing human rights, fundamental freedoms and human dignity.’ Further, Article 25 of the UN Convention on the Rights of Persons with Disabilities prohibits discrimination against persons with disabilities in the provision of life insurance. These statements are not contingent on the acceptability of the degree of revisionary implications. They are clear, unambiguous statements about the obligations of signatory countries. Despite this, few countries have taken steps commensurate with this expectation, possibly due to the scale of changes required for proper ratification. However, genetic discrimination is recognised as one …. (shrink)

In his major work on love, Works of Love, Kierkegaard clearly and robustly affirms the moral superiority of neighbourly love, and approves preferential love on one condition: that it serve as an instance of neighbourly love. But can an essentially preferential love be an instance of the essentially non-preferential neighbourly love? John Lippitt seems to think it can. In his paper “Kierkegaard and the problem of special relationships: Ferreira, Krishek, and the ‘God filter”’ he defends Kierkegaard’s position in Works of (...) Love against my criticism (as presented in my book Kierkegaard on Faith and Love); specifically, against my claim that in using Kierkegaard’s view of neighbourly love as a framework for understanding preferential love, one fails to account for the latter’s distinctive character. Lippitt claims that I misinterpret Kierkegaard’s position and, using what he calls ‘the God filter’, he attempts to show how adhering to Kierkegaard’s view of neighbourly love allows one to sustain the distinctiveness (and value) of preferential love. In what follows I will defend my interpretation of Kierkegaard’s position and explain why I take the view he presents in Works of Love to be problematic. Furthermore, in my aforementioned book I offer a Kierkegaardian model of love that does precisely what Lippitt seeks his ‘God filter’ model to do: namely, preserve the distinctiveness of preferential love while allowing its possible coexistence with neighbourly love. Thus, against the background of Lippitt’s criticism I will demonstrate this model again, in hope of clarifying the advantages this view offers. (shrink)

by Jane E, McArthur vi, pp. 1-142. Special issue of the journal Argumentation in Context : Vol. 1, No. 1. Amsterdam: John Benjamins. Available ISBN 9789027242525, € 80.00, US$ 120.00.

Spanning over nine hundred years, Eight Women Philosophers is the first singly-authored work to trace the themes of standard philosophical theorizing and feminist thought across women philosophers in the Western tradition. Jane Duran has crafted a comprehensive overview of eight women philosophers--Hildegard of Bingen, Anne Conway, Mary Astell, Mary Wollstonecraft, Harriet Taylor Mill, Edith Stein, Simone Weil, and Simone de Beauvoir--that underscores the profound and continuing significance of these thinkers for contemporary scholars. Duran devotes one chapter to each philosopher (...) and provides a sustained critical analysis of her work, utilizing aspects of Continental theory, poststructuralist theory, and literary theory. (shrink)

The United Kingdom is a leader in genomics research, and the presence of numerous types of biobanks and the linking of health data and research within the UK evidences the importance of biobank-based research in the UK. There is no biobank-specific law in the UK and research on biobank materials is governed by a confusing set of statutory law, common law, regulations, and guidance documents. Several layers of applicable law, from European to local, further complicate an understanding of privacy protections. (...) Finally, biobanks frequently contain data in addition to the samples; the legal framework in the UK generally differentiates between data and samples and the form of the data affects the applicability of legal provisions. Biobanks must be licensed by the Human Tissue Authority; certain projects must be reviewed by Research Ethics Committees, and all projects are encouraged to be reviewed by them. Data Access Committees in biobanks are also common in the UK. While this confusing array of legal provisions leaves privacy protections in biobanking somewhat unclear, changes at the EU level may contribute to harmonization of approaches to privacy. (shrink)

Montesquieu's The Spirit of the Laws (1748) illuminates the many factors that affect human behaviour and hence constrain the capacity for self-guided action, but his work also contains a defence of this capacity in his treatment of the soul. Yet Montesquieu also thought it important to establish reliable limits on human action so as to protect political liberty, and he looked to the constitutional traditions of particular peoples for standards of right that would provide effective checks on individuals and political (...) powers without fundamentally eroding the animating power of the soul. Together Montesquieu's concept of the soul and use of history point to a nascent form of limited human agency, one that balances the elements of determinism present in his new scientific approach to politics and society. (shrink)

This article examines Montesquieu's concept of natural law and treatment of legal customs in conjunction with his theory of moral psychology. It explores his effort to entwine the rational procedural quality of laws with the substantive principles that sustain them. Montesquieu grounds natural law in the desires of the human being as ‘a feeling creature’, thus establishing the normative force of desire and making right action attractive by engaging the passions rather than subordinating them to reason. As a result, natural (...) law generates both political norms and the motivations that drive political actions. It provides a standard for assessing the ostensibly jumbled multiplicity of legal customs in human societies. And it reminds us that there is more to political theory than the rational justifi-cation of norms, that central to any account of liberal constitutionalism must be an effort to show the attractions – and not only the justice or the rationality – of right action. Key Words: law • Montesquieu • moral psychology • motivation • natural • law • norm justification • passions. (shrink)