The target article proposed that women display greater self-protectiveness than men to major physical and social threats because such self-protective responses have higher fitness value for women than men. Rather than having evolutionary roots, we suggest the various physiological, behavioral, and emotional responses to social and physical threats exhibited more by women than men are instead rooted in sociocultural forces.

Traditionally, the just war principle of last resort requires that, before resorting to war, every reasonable alternative measure must be attempted. My view is that traditional just war principles should be generalized, so as to be applicable to military actions of all sorts—for example, armed humanitarian interventions and counterinsurgency operations. In this paper, such a generalized just war theory is presupposed. In particular, I shall presuppose a generalized last resort principle that requires that, before (...) using military force, every reasonable alternative measure must be attempted. My thesis is that among these alternative measures is nonviolent action. For concreteness, the new U.S. counterinsurgency field manual is examined. The generalized last resort principle morally obligates a U.S. counterinsurgency operation to use the means of nonviolent action, whenever it is reasonable to do so. Pacifism and just war theory are often portrayed as rivals, but this paper explores one way in which just war theory could benefit from the tradition of nonviolence. (shrink)

In this article I examine one condition a minimalist theory of criminalization might contain: the criminal law should be used only as a last resort. I discuss how this principle should be interpreted and the reasons we have to accept it. I conclude that a theory of criminalization should probably include the (appropriately construed) last resort principle. But this conclusion will prove disappointing to those who hope to employ this principle to bring about (...) fundamental reform in the substantive criminal law. I argue that the last resort principle may not help to reverse the growth of the criminal law to any degree that could not be achieved more directly and less controversially by other principles that a theory of criminalization is generally thought to include. Unless we reject others parts of conventional wisdom about crime and punishment, the application of a last resort principle is unlikely to bring about sweeping changes that theorists might have anticipated. (shrink)

The necessity for a government “lender of last resort” has been advanced as a justification for central banking. In this paper, I compare lending practices under central banking with those that would be likely to exist under a system of fractional-reserve free banking (FRFB). To do this I examine the underlying nature of banks as warehousing and credit-granting institutions and consider how redemption runs can arise as a consequence of fractional reserves in this system. Following the work of (...) Thornton and Bagehot, I describe principles of prudent lending that can be used to stem a redemption run when it arises. I examine the market incentives that apply under FRFB and how these incentives are perverted under a system of central banking. I find that a government central bank is not well-placed to lend according to prudent standards, and in fact is likely to use its power to pursue political goals that are at odds with prudent lending. I examine the US financial crisis and the actions of the Federal Reserve System to illustrate this view. (shrink)

The modern Lithuanian legal doctrine recognises that criminal liability is a last resort (ultima ratio) protecting the society from various law violations. This idea has got deep roots in criminology and is obviously based on the position of rational approach towards the state criminal policy. However, it is not clear whether it is of obligatory legal status to the legislature and the courts. This article attempts to present the idea of a last resort as a concept (...) based on the constitutional principles of the rule of law, justice, proportionality and rationality in the legislation and case law. The author concludes that the main precursors of the ultima ratio principle are the German legal doctrine of protection of legal goods (Rechtsgüterschutz) and Harm principle respected in the common law tradition, as well as the need for protection of human rights in the democratic world. These concepts raise the duty of the legislator to justify the act of criminalisation by legitimate purpose and to comply with certain constitutional limits of application of criminal law. The idea of criminal liability as a last resort is recognised both in the jurisprudence of the Constitutional Court (obiter dictum) and in the practice of the Supreme Court of Lithuania reasoning particular decisions in criminal cases, especially delimiting criminal and other types of legal liability. The author concludes that the fact of discrepancy of criminal law to ultima ratio test can be one of the arguments in support of its objection to the Constitution and even the European Convention on Human Rights and Fundamental Freedoms. At the same time, the author of the article has found that many norms of the Criminal Code are in conflict with the idea of a last resort. (shrink)

A democratic society does not embody a permanent and internally consistent set of values but attempts to accommodate disagreement between incommensurable values. One of the purposes of the law is to manage such disagreement by ensuring that disputes are settled in a way that advances the interests of stability without foreclosing options. In this respect the function of the formal dissenting judgment has been neglected in the English literature. By contrast there is a rich US literature which reveals an ambivalent (...) attitude to the practice of dissent. The article discusses the nature of the disagreements that are predominant in dissenting judgments. It claims that the practise of dissent follows the development of democracy and that the majority of dissents in courts of last resort raise legitimate disagreement about fundamental incommensurable values. These concern disagreements between deontological and consequentialist values, between different conceptions of the legislative powers of the judiciary and between principle and pragmatism. Because the outcome of an appeal is contingent, the dissent may be as important as the majority in identifying the choices to be made and signalling the principles that are immanent in the law. The legal and political basis of the right to publish a dissent is discussed and arguments for and against the publication of dissents considered with the conclusion that constraints on the right to dissent would be self-defeating. (shrink)

Deep brain stimulation interventions are novel devices being investigated for the management of severe treatment-resistant psychiatric illnesses. These interventions require the invasive implantation of high-frequency neurostimulatory probes intracranially aiming to provide symptom relief in treatment-resistant disorders including obsessive-compulsive disorder and anorexia nervosa. In the scientific literature, these neurostimulatory interventions are commonly described as reversible and to be used as a last resort option for psychiatric patients. However, the ‘last resort’ status of these interventions is rarely expanded (...) upon. Contrastingly, usages of DBS devices for neurological symptoms have paved the way for established safety and efficacy standards when used earlier in a disease’s timeline. As DBS treatments for these neurological diseases progress to have earlier indications, there is a parallel ethical concern that early implementation may one day become prescribed for psychiatric illnesses. The purpose of this article is to build off contemporary understandings of reversible neurostimulatory interventions to examine and provide clarifications on the ‘last resort’ status of DBS to better address its ethically charged use in psychiatric neurosurgery. To do this, evaluative differences between DBS treatments will be discussed to demonstrate how patient autonomy would be a paramount guiding principle when one day implementing these devices at various points along a psychiatric disease’s timeline. In presenting the clarification of ‘last resort’ status, the ethical tensions of early DBS interventions will be better understood to assist in providing psychiatric patients with more quality of life years in line with their values. (shrink)

Contrary to the claim made by Hutchinson and Waters that designing teaching materials should be the last option considered, Basturkmen and Bocanegra-Valle remind that many ESP teachers are very frequently directly involved in designing teaching materials as commercially published coursebooks and other materials tend not to be relevant to the needs of their specialized groups of learners. This paper offers an insight into the key aspects as well as the sequence of ESP materials design. It outlines the main beliefs (...) and principles which constitute the general framework for teaching materials development and summarizes the major explicit and implicit teachers’ beliefs which inevitably reflect on the process of materials design. This paper also tackles the issues of assumed abilities and training for developing and/or adapting teaching materials offered to ESP teachers in the attempt to answer the everlasting question whether being a good ESP teacher automatically implies being a good materials designer. (shrink)

This paper explores the question of whether the United Nations should engage in preventive military actions. Correlatively, it asks whether UN preventive military actions could satisfy just war principles. Rather than from the standpoint of the individual nation state, the ethics of preventive war is discussed from the standpoint of the UN. For the sake of brevity, only the legitimate authority, just cause, last resort, and proportionality principles are considered. Since there has been disagreement about the specific content (...) of these principles, a third question also is explored: How should they be formulated? Moreover, these questions are addressed in the context of a particular issue: the goals of the non-proliferation and the abolition of weapons of mass destruction. (shrink)

In a recent paper, Chomsky (1989) has proposed two principles which choose among competing transformational derivations. He calls them principles of “Economy of Derivation”. These are the Least Effort principle and the Last Resort principle, seen in (1a-b). (The _________ _________ _ _ nomenclature is partially my own: Chomsky uses the term “Principle of Least Effort” for (1a-b) together.).

The Commission's recentinterpretation of the Precautionary Principleis used as starting point for an analysis ofthe moral foundation of this principle. ThePrecautionary Principle is shown to have theethical status of an amendment to a liberalprinciple to the effect that a state only mayrestrict a person's actions in order to preventunacceptable harm to others. The amendmentallows for restrictions being justified even incases where there is no conclusive scientificevidence for the risk of harmful effects.However, the liberal tradition has seriousproblems in determining (...) when a risk of harm isunacceptable. Nevertheless, reasonable liberalarguments in favor of precaution can be basedon considerations of irreversible harm andgeneral fear of harm. But it is unclear whenthere considerations can be overridden.Within the liberal framework, the Commissionadvocates a so-called proportional version ofthe Precautionary Principle. This should beclearly distinguished from a welfare-basedapproach to precaution based on risk-aversiveweighing up of expected costs and benefits.However, in the last resort, the Commissiondoes seem to make a covert appeal to suchconsiderations. (shrink)

Many participants in debates about the morality of assisted dying maintain that individuals may only turn to assisted dying as a ‘last resort’, i.e., that a patient ought to be eligible for assisted dying only after she has exhausted certain treatment or care options. Here I argue that this last resort condition is unjustified, that it is in fact wrong to require patients to exhaust a prescribed slate of treatment or care options before being eligible for (...) assisted dying. The last resort condition effectively pits one right of patients, their right to refuse medical treatment or interventions, against another patient right acknowledged by advocates of assisted dying, the right to die. Drawing on an analogy with the legal notion of an unconstitutional condition, I argue that the last resort condition unjustly demands that an arguably more fundamental right—the right to refuse medical treatment or intervention—be foregone in order to acquire a less fundamental right—the right to die. I then address three rationales for the last resort condition and find that they subject individuals to arbitrarily stringent standards for exercising the right to die, standards to which those who seek to end their lives by voluntarily ending life-sustaining treatments are not subject. Subjecting those who seek assisted dying to the last resort condition therefore wrongfully infringes on their right to refuse medical treatment or interventions. (shrink)

A “last resort” is argued to be nothing more than a winning, i.e. grammatical form, once it is understood in terms of competition between alternative candidates. It is a theorem of OT that we find last resort effects, since it follows from the nature of competition and constraint interaction.

While strike action has been common since the industrial revolution, it often invokes a passionate and polarising response, from the strikers themselves, from employers, governments and the general public. Support or lack thereof from health workers and the general public is an important consideration in the justification of strike action. This systematic review sought to examine the impact of strike action on patient and clinician attitudes, specifically to explore (1) patient and health worker support for strike action and (2) the (...) predictors for supporting strike action and the reasons given for engaging in strike action. A systematic scoping review was employed to identify all relevant literature, followed by a textual narrative synthesis. A total of 34 studies met inclusion criteria. Support for strike action was largely context‐dependent. A range of factors impact support for strike action; broader cultural and structural factors, such as unionisation and general acceptance of strike action; systemic factors, such as the nature of the healthcare system, including infrastructure and work conditions; the strike itself and a range of individual factors, the most notable of which was being a student or in an early career stage. There were also some surprising results, for example, during doctors strike, nurses were provided with the opportunity to expand their role, which led to greater professional autonomy and job satisfaction. (shrink)

Just War theory specifies that recourse to war must be a last resort. This specification accords with a more general aim to limit the occurrence of war by articulating demanding conditions under which war can be morally legitimate. Although it has critics among contemporary Western philosophers, the condition of last resort is widely accepted as a basic element of Just War theory. It is not itself an issue of dispute between historical as opposed to contemporary Just (...) War theorists, or between traditional as opposed to revisionist Just War theorists. The defensibility of “last resort” as a necessary condition of legitimate recourse to war will depend on how the condition is best interpreted and on its moral rationale. (shrink)

It is commonly accepted that recourse to war is justifiable only as a last resort. If a situation can be resolved by less harmful means, then war is unjust. It is also commonly accepted that violent actions in war should be necessary and proportionate. Violent actions in war are unjust if the end towards which those actions are means can be achieved by less harmful means. In this article, I argue that satisfaction of the last resort (...) criterion depends in part upon the likelihood of success of non-violent alternatives to war, and that the actual and potential effectiveness of non-violent resistance means that the last resort criterion of the jus ad bellum and the proportionality criterion of the jus in bello are harder to satisfy than is often presumed. (shrink)

J.G. Frazer tells us about a last resort technique which Cambodian hunters use when they have caught nothing in their nets. The “technique” is they act as if they themselves have got caught in the net. Frazer explains this as the consequence of magical thinking, but I propose a different explanation.

Governments in Europe and the United States have recently acquired significant stakes in a number of financial institutions, raising fears that they will use their investments to pursue interventionist goals. The comparative analysis of sixteen major bailouts in Belgium, Germany, France, Ireland, Switzerland, the United Kingdom and the United States provides evidence to the contrary. Fiscal and political considerations have prompted governments to generally avoid common stock investments, limit direct managerial involvement and favor early exits. While this investment strategy may (...) prove detrimental to other stakeholders, it resembles the approach distressed asset investors would adopt under the circumstances. (shrink)

As currently practiced, the use of continuous sedation until death (CSD) is controlled by clinicians in a way that may deny patients a key choice in controlling their dying process. Ethical guidelines from the American Medical Association and the American Academy of Pain Medicine describe CSD as a “last resort,” and a position statement from the American Academy of Hospice and Palliative Medicine describe it as “an intervention reserved for extreme situations.” Accordingly, patients must progress to unremitting pain (...) and suffering and reach a last-resort stage before the option to pursue CSD is considered. Alternatively, we present and defend a new guideline in which decisionally capable, terminally ill patients who have a life expectancy of less than six months may request CSD before being subjected to the refractory suffering of a treatment of “last resort.”. (shrink)

We analyze the transition of central banks from lenders to market makers of last resort. The adoption of unconventional monetary policies characterizes this transition. In their new role as market makers, central banks engage in the latter by extending and reinforcing interventions in other markets than the traditional bank reserves market. We then explain that the difference between the two roles is one of degree rather than kind. In both cases, the prevention of liquidity shortages is a primary (...) concern. As conventional policies become inadequate, central banks resort to unconventional policies to escape a general liquidity shortage at the zero lower bound. However, these unconventional policies do not solve the structural problems in financial and real markets. Both conventional and unconventional monetary policies cause price distortions, in particular on asset markets. The policies of the market maker of last resort prevent necessary readjustments of cyclical divergences between real and financial markets. (shrink)

It has been debated for quite some time among bioethicists and others whether or not the distinction between therapy and research in healthcare can and should be maintained. This paper tries to clarify what the disagreement is about, and argues that the distinction can be maintained in most, if not all, situations. However, even if it can be maintained, it does not necessarily follow that it should. It is argued here that there are good reasons to maintain the distinction both (...) for the sake of protecting research interests and the sake of patient safety. In addition, recognizing the distinction provides a barrier against unreasonable prioritization between patients. However, there may be situations, such as innovative last-resort treatment, in which regulatory requirements from both therapy and research should be considered. (shrink)

In a larger context of an egalitarian project which aims to reformulate capitalism a job guarantee program in the form of a State as an Employer of Last Resort is considered superior to Unconditional Basic Income by many, namely Alan Thomas. This article claims that most of the arguments used to assert the superiority of SELR fail their objective, for the following reasons: first, SELR falls short in its reformulation of capitalism because neither SELR nor UBI alone can (...) euthanize the rentier class. Second, most accounts are based on a flawed assumption that UBI leads to rampage inflation. Third, if macroeconomic considerations are not enough to justify implementing SELR over UBI, then insisting on the superiority of SELR can only stem from two types of moral reasons: on one hand from a perfectionist view of empowering the worst-off through labor and on the other from demands and obligations of reciprocity. We argue that these two moral-based reasons fall short of providing a justification for the superiority of SELR over UBI. We conclude our paper defending the possibility of conciliating the two policies. (shrink)

The transformative effects of alternative dispute resolution (ADR) practices and processes in Australia are wide spread and far reaching. The move away from adjudication affects legal institutions, legal practitioners and the judiciary. As lawyers play a key role in the administration of justice, the transition to ADR transforms many areas of legal practice. This article considers the rise of ADR in Australia in the non-criminal law context, the manner in which ADR changes the way in which law is practised, and (...) the associated ethical challenges confronting the legal profession. (shrink)

In many countries around the world, the mechanisms of civil society have become very commonplace. Large companies are under constant pressure from civil society organizations to change their policies, strategies and approaches. The tobacco industry in particular is under heavy pressure in many parts of the world. Smoking has been prohibited in many public as well as private or semi-private areas in a large number of countries. However, while smoking as an addiction seems to be declining in some countries, in (...) others it is not. This paper presents an example of a country (Indonesia) in which smoking is still on the rise. We discuss how mechanisms of civil society are a chance to at least improve the situation and effectively combat a grave social problem. (shrink)

Since the 1970s, animal advocacy groups have attempted to improve the treatment of non-human animals by influencing public opinion and lobbying for legislation that protects animals. Empirical assessments of these efforts have reported mixed results. Animal advocacy groups also use litigation as a means of improving the treatment of nonhuman animals, but there has been limited empirical testing of the effectiveness of animal advocacy litigation. To fill this gap in the literature, this study examines the 188 animal law cases decided (...) in state supreme courts from 1973 through 2005. It looks specifically at whether the participation of an animal advocacy organization increases the chance of a favorable decision, while controlling for legal and political influences on case outcomes. Logistic regression reveals that the presence of animal advocacy groups does not exert a statistically significant impact on case outcomes. Further analysis demonstrates, however, that animal advocacy groups are significantly more likely than nongroup litigators to pursue cases that are difficult to win. (shrink)

As it is traditionally conceived, Just War Theory is not well suited for dealing with nation vs non-nation wars. It thus makes sense to create a second Just War Theory to deal with these wars. This article explores the differences and similarities between the two theories.

Se plantea la cuestión del papel de la armonía en la concepción de la racionalidad de Leibniz. Se sitúa esta noción en el marco de la metafísica de la individualidad sistémica, y aparece en dos lugares concretos. En primer lugar en el eje categorial uniformidad-diversi­dad, como principio de equilibrio entre ambos polos. Y en segundo lugar, aparece la noción de armonía en el nivel último de la racionalidad, concretamente en plano de la lógica de los principios. Este nivel se rige (...) por el principio general del orden, y precisamente este principio es explicado por Leibniz frecuentemente en relación con la armonía. (shrink)

In this article, we focus on the scholarly and policy debate on autonomous weapon systems and particularly on the objections to the use of these weapons which rest on jus ad bellum principles of proportionality and last resort. Both objections rest on the idea that AWS may increase the incidence of war by reducing the costs for going to war or by providing a propagandistic value. We argue that whilst these objections offer pressing concerns in their own right, (...) they suffer from important limitations: they overlook the difficulties of calculating ad bellum proportionality; confuse the concept of proportionality of effects with the precision of weapon systems; disregard the ever-changing nature of war and of its ethical implications; mistake the moral obligation imposed by the principle of last resort with the impact that AWS may have on political decision to resort to war. Our analysis does not entail that AWS are acceptable or justifiable, but it shows that ad bellum principles are not the best set of ethical principles for tackling the ethical problems raised by AWS; and that developing adequate understanding of the transformations that the use of AWS poses to the nature of war itself is a necessary, preliminary requirement to any ethical analysis of the use of these weapons. (shrink)

Recently (2010–2011) new criminal legislation to combat illegal income and corruption was passed and publicly discussed in Lithuania. Within the list of the new legal measures, special attention should be paid to criminalisation of illicit enrichment, establishment of a model of extended property confiscation, reinforcement of responsibility for corruption-related offenses, a provision that not only property but also personal benefits may constitute a bribe. It can be seen from the explanatory letters attached to the draft laws and the political debate (...) that the new regulation is expected to achieve decisive breakthrough in the fight against corruption and illegal income. However, without any doubt as to the necessity to fight against those social evils, the author presents critical evaluation of the reform by applying the test of principles of criminal law, legal language and practical effectiveness. By making critical conclusions that the new criminal legislation deliberately lightens the prosecution’s goal of incrimination and the burden of proof, the author warns about the purposive instrumental nature of the new laws, which are balancing on the threshold of legitimacy. In the article the author reveals crucial shortcomings of the new legislation: in some aspects it lacks legal certainty, in other aspects it ignores the principles of guilt, presumption of innocence and proportionality as well as the conception of criminal law as a last resort (ultima ratio). As a result, the new legal means against illegal income and corruption leave space for applying inadequate repression beyond their intended purpose, in addition, they criminalise human conduct that is insufficiently dangerous and create preconditions for senseless criminal prosecutions and violation of human rights. (shrink)

The information revolution has fostered the rise of new ways of waging war, generally by means of cyberspace-based attacks on the infrastructures upon which modern societies increasingly depend. This new way of war is primarily disruptive, rather than destructive; and its low barriers to entry make it possible for individuals and groups (not just nation-states) easily to acquire very serious war-making capabilities. The less lethal appearance of information warfare and the possibility of cloaking the attacker''s true identity put serious pressure (...) on traditional just war doctrines that call for adherence to the principles of right purpose, duly constituted authority, and last resort. Age-old strictures about noncombatant immunity are also attenuated by the varied means of attack enabled by advanced information technologies. Therefore, the nations and societies leading the information revolution have a primary ethical obligation to constrain the circumstances under which information warfare may be used -- principally by means of a pledge of no first use of such means against noncombatants. (shrink)

There are two contrasting paradigms for dealing with terrorists: war and law enforcement. In this paper, I first discuss how the just war theory assesses the military response to the 9/11 terrorist attacks on the United States. I argue that the ethical problems with the U.S. attack on Afghanistan in response to 9/11 concern principles of jus ad bellum besides just cause. I show that the principles of right intention, last resort, proportionality and likelihood of success were violated. (...) Furthermore, both jus in bello principles of proportionality and discrimination were not satisfied in targeting terrorists in places where civilians not linked to them live. The law enforcement that takes place in liberal democracies is fully respectful and protective of innocent lives. Crime is dealt with by apprehending lawbreakers and putting them on trial if possible, and by keeping criminal elements on the loose away from potential victims. Good law enforcement also includes acting to remove causes of crime. I examine how this model applies to the problem of terrorism and address objections concerning the impossibility ofeliminating terrorism, the slowness of success, and the possibility that there are “nut cases” who hate America no matter what. (shrink)

Ideally, our account of knowledge would help us to understand the appeal of (and flaws in) skepticism,2 while remaining consistent with our ‘intuitions,' and supporting epistemic principles that seem eminently plausible. Of course, we don't always get what we want; we may not be able to move from intuitions and principles to an account that fully squares with them. As a last resort, we may have to move in the other direction, and give up intuitions or principles that (...) are undermined by an otherwise compelling account of knowledge, so as to achieve ‘reflective equilibrium.'3 But last resorts come last. (shrink)

The U.S. Supreme Court's majority opinion in Vacco v. Quill assumes that the principle of double effect explains the permissibility of hastening death in the context of ordinary palliative care and in extraordinary cases in which painkilling drugs have failed to relieve especially intractable suffering and terminal sedation has been adopted as a last resort. The traditional doctrine of double effect, understood as providing a prohibition on instrumental harming as opposed to incidental harming or harming asa side (...) effect, must be distinguished from other ways in which the claim that a result is notintended might be offered as part of ajustification for it. Although double effectmight appropriately be invoked as a constrainton ordinary palliative care, it is not clearthat it can be coherently extended to justifysuch practices as terminal sedation. A betterapproach would reconsider double effect'straditional prohibition on hastening death as ameans to relieve suffering in the context ofacute palliative care. (shrink)

In order to at least begin addressing the extensive the problem of moral clarity in aiding the deprived to some degree, I first argue that the duty to aid the deprived is not merely a charitable one, dependent on the discretion, or the arbitrary will, of the giver (1). Then, before further analysing the individual duty to aid, I critically examine whether deprivation is better alleviated or remedied through the duties of corrective justice. I argue that the perspective of corrective (...) justice is important, but not sufficient when it comes to dealing with deprivation (2). I then argue that non-domination cannot serve as a first-order principle of justice. It is too minimalistic, since it would not require duties of justice where deprivation exists, but dominating relations and institutions do not. (3). Going back to the individual duty to help, I argue that the duties to aid the needy must be assessed according to the situation at hand (4). In order to avoid meaninglessness and morality’s excessive demands, one should be able to identify the responsible agents by constructing a shared and, in the last resort, institution-based duty to help (5). The institutional approach in this paper argues that we should create and reform institutions in order to realize the pre-existing requirement to alleviate global deprivation. This is a form of “global political justice” that does not start with politics, but ends with global political institutions. (shrink)

A sorites argument is a symptom of the vagueness of the predicate with which it is constructed. A vague predicate admits of at least one dimension of variation (and typically more than one) in its intended range along which we are at a loss when to say the predicate ceases to apply, though we start out confident that it does. It is this feature of them that the sorites arguments exploit. Exactly how is part of the subject of this paper. (...) The majority of philosophers writing on vagueness take it to be a kind of semantic phenomenon. If we are right, they are correct in this assumption, which is surely the default position, but they have not so far provided a satisfactory account of the implications of this or a satisfactory diagnosis of the sorites arguments. Other philosophers have urged more exotic responses, which range from the view that the fault lies not in our language, but in the world, which they propose to be populated with vague objects which our semantics precisely reflects, to the view that the world and language are both perfectly in order, but that the fault lies with our knowledge of the properties of the words we use (epistemicism). In contrast to the exotica to which some philosophers have found themselves driven in an attempt to respond to the sorites puzzles, we undertake a defense of the commonsense view that vague terms are semantically vague. Our strategy is to take fresh look at the phenomenon of vagueness. Rather than attempting to adjudicate between different extant theories, we begin with certain pre-theoretic intuitions about vague terms, and a default position on classical logic. The aim is to see whether (i) a natural story can be told which will explain the vagueness phenomenon and the puzzling nature of soritical arguments, and, in the course of this, to see whether (ii) there arises any compelling pressure to give up the natural stance. We conclude that there is a simple and natural story to be told, and we tell it, and that there is no good reason to abandon our intuitively compelling starting point. The importance of the strategy lies in its dialectical structure. Not all positions on vagueness are on a par. Some are so incredible that even their defenders think of them as positions of last resort, positions to which we must be driven by the power of philosophical argument. We aim to show that there is no pressure to adopt these incredible positions, obviating the need to respond to them directly. If we are right, semantic vagueness is neither surprising, nor threatening. It provides no reason to suppose that the logic of natural languages is not classical or to give up any independently plausible principle of bivalence. Properly understood, it provides us with a satisfying diagnosis of the sorites argumentation. It would be rash to claim to have any completely novel view about a topic so well worked as vagueness. But we believe that the subject, though ancient, still retains its power to inform and challenge us. In particular, we will argue that taking seriously the central phenomenon of predicate vagueness—the “boundarylessness” of vague predicates—on the commonsense assumption that vagueness is semantic, leads ineluctably to the view that no sentences containing vague expressions (henceforth ‘vague sentences’) are truth-evaluable. This runs counter to much of the literature on vagueness, which commonly assumes that, though some applications of vague predicates to objects fail to be truth-evaluable, in clear positive and negative cases vague sentences are unproblematically true or false. It is clarity on this, and related points, that removes the puzzles associated with vagueness, and helps us to a satisfying diagnosis of why the sorites arguments both seem compelling and yet so obviously a bit of trickery. We give a proof that semantically vague predicates neither apply nor fail-to-apply to anything, and that consequently it is a mistake to diagnose sorites arguments, as is commonly done, by attempting to locate in them a false premise. Sorites arguments are not sound, but not unsound either. We offer an explanation of their appeal, and defend our position against a variety of worries that might arise about it. The plan of the paper is as follows. We first introduce an important distinction in terms of which we characterize what has gone wrong with vague predicates. We characterize what we believe to be our natural starting point in thinking about the phenomenon of vagueness, from which only a powerful argument should move us, and then trace out the consequences of accepting this starting point. We consider the charge that among the consequences of semantic vagueness are that we must give up classical logic and the principle of bivalence, which has figured prominently in arguments for epistemicism. We argue there are no such consequences of our view: neither the view that the logic of natural languages is classical, nor any plausible principle of bivalence, need be given up. Next, we offer a diagnosis of what has gone wrong in sorites arguments on the basis of our account. We then present an argument to show that our account must be accepted on pain of embracing (in one way or another) the epistemic view of “vagueness”, i.e., of denying that there are any semantically vague terms at all. Next, we discuss some worries that may arise about the intelligibility of our linguistic practices if our account is correct. We argue none of these worries should force us from our intuitive starting point. Finally, we cast a quick glance at other forms of semantic incompleteness. (shrink)

BackgroundThe terminal illness of late-stage Alzheimer’s and related dementias is progressively cruel, burdensome, and can last years if caregivers assist oral feeding and hydrating. Options to avoid prolonged dying are limited since advanced dementia patients cannot qualify for Medical Aid in Dying. Physicians and judges can insist on clear and convincing evidence that the patient wants to die—which many advance directives cannot provide. Proxies/agents’ substituted judgment may not be concordant with patients’ requests. While advance directives can be patients’ (...) class='Hi'>last resort to attain a peaceful and timely dying consistent with their lifelong values, success depends on their being effective and acceptable. A single flaw can provide opponents justification to refuse the directive’s requests to cease assisted feeding.AimThis article considers 24 common advance directive flaws in four categories. Process flaws focus on how patients express their end-of-life wishes. Content flaws reflect drafters’ selection of conditions and interventions, and how they are described. Inherent flaws can make advance directives unacceptable to authorities concerned about premature dying. Strategies are needed to compel physicians to write needed orders and to prevent third parties from sabotaging these orders after they are implemented. The article includes excerpts from “dementia-specific” directives or supplements that exemplify each flaw—mostly from the US and Europe. No directive critiqued here included an effective strategy to resolve this long-debated bioethical conflict: the past directive requests “Cease assisted feeding” but the incapacitated patient apparently expresses the desire to “Continue assisted feeding.” Some opponents to the controversial request, cease assisted feeding, use this conflict as a conceptual wedge to practice hard paternalism. This article proposes a protocol to prevent this conflict from emerging. These strategies may prevent authorities from requiring patients to fulfill authorities’ additional clinical criteria as a prerequisite to honor the requests in patients directives.ConclusionThis critique of flaws may serve as a guide to drafting and to selecting effective and acceptable advance directives for dementia. It also poses several bioethical and clinical questions to those in authority: Does your paternalistic refusal to honor patients’ wishes respect their self-determination? Protect vulnerable patients from harm? Force patients to endure prolonged suffering? Violate the principles of bioethics? Violate the very foundation of patient-centered care? (shrink)

This article investigates the formal purpose of declaring wars for Hugo Grotius. Grotius was adamant that states always use justification in a duplicitous way to conceal their real motivation to go to war. As such, the purpose of declaration is not to assert the just cause of war. Rather, what any public declaration does, is provide recognition that confers legal validation to the disputing parties. The legal rules of war were described by the law of nations and occasionally permitted states (...) to commit certain ‘war crimes’ with impunity. For Grotius, this was not a moral sanctioning of such crimes but rather a means to prevent the occurrence of wars, which such endless repudiations risked causing or exacerbating. Grotius’s concern for the effects of war is conspicuous; and recounting his maxim that war should always be a last resort, this article argues that declaration of war has a distinct moral purpose for Grotius. In fact, public declaration of war is, together with constraints on the conduct of war, a ‘principle of moderation’ Grotius insists should be upheld in times of war. Declaration of war gives the parties avenues to seek peace and reconciliation, and, therefore has a humanitarian purpose for Grotius by ultimately seeking to prevent the disparaging effects of war. Even in wars that do not demand a public declaration, such as those regulated by natural law such as punitive wars or defensive wars, Grotius cautions that declarations of war are advisable. The remaining lingering issue is how to engage with unlawful enemy combatants, such as pirates - a distinct problem that the international community still faces with increasing regularity. Grotius was certainly aware of the legal consequences of recognising belligerency we cannot possible hope to build moral relations with, and, this article claims, ‘unlawful’ enemies ultimately demarcates the boundary of international society. (shrink)

There are two contrasting paradigms for dealing with terrorists: war and law enforcement. In this paper, I first discuss how the just war theory assesses the military response to the 9/11 terrorist attacks on the United States. I argue that the ethical problems with the U.S. attack on Afghanistan in response to 9/11 concern principles of jus ad bellum besides just cause. I show that the principles of right intention, last resort, proportionality and likelihood of success were violated. (...) Furthermore, both jus in bello principles of proportionality and discrimination were not satisfied in targeting terrorists in places where civilians not linked to them live. The law enforcement that takes place in liberal democracies is fully respectful and protective of innocent lives. Crime is dealt with by apprehending lawbreakers and putting them on trial if possible, and by keeping criminal elements on the loose away from potential victims. Good law enforcement also includes acting to remove causes of crime. I examine how this model applies to the problem of terrorism and address objections concerning the impossibility of eliminating terrorism, the slowness of success, and the possibility that there are “nut cases” who hate America no matter what. (shrink)

Ender's tortured conscience is an illustration of the moral importance of following principles of just war theory—the “unspoken rules of manly warfare”—and their apparent tension with the demands of war and survival. This chapter talks about the ethics of conflict in Ender's various games—his battles and wars. It asks, was justice served in the Third Invasion and destruction of the bugger worlds, the event that came to be called the xenocide. Ender's life is actually a testimony to the just war (...) axiom that all people desire peace. In the tradition of just war theory, there are five principles that lay out the requirements of jus ad bellum, or how to go to war in an ethical way. They include just cause, legitimate authority, right intention, probability of success, and last resort. Ender's strategy is always to use devastating force to incapacitate the enemy. (shrink)

Given the grim global statistics of extreme poverty and socioeconomic inequalities, moral and political philosophers have focused on the duties of justice and assistance that arise therefrom. What the needy are morally permitted to do for themselves in this context has been, however, a mostly overlooked question. Reviving a medieval and early modern account of the right of necessity, I propose that a chronically deprived agent has a right to take, use and/or occupy whatever material resources are required to guarantee (...) her self-preservation, or the means necessary to acquire them. There are three individually necessary and jointly sufficient conditions: the need is basic, the claimant does not violate other equally important moral interests, and it is a last resort. I present two recommendations to be followed by the claimants, and offer some examples where this principle may be applied today. I reply to the objections that understanding the right of necessity in this way kills its intuitive plausibility, and that it is a remedy worse than the disease. I conclude that, while not the best solution for the problem of global poverty, the exercise of this right should be accepted if we believe in the human right to subsistence. (shrink)

Background In 2002, Belgium set a legal framework for euthanasia, whereby granting and performing euthanasia is entrusted entirely to physicians, and—as advised by Belgian Medical Deontology—in the context of a trusted patient–physician relationship. Euthanasia is, however, rarely practiced, so the average physician will not attain routine in this matter. Aim To explore how general practitioners in Flanders (Belgium) deal with euthanasia. This was performed via qualitative analysis of semistructured interviews with 52 general practitioners (GPs). Results Although GPs can understand a (...) patient's request for euthanasia, their own willingness to perform it is limited, based on their assumption that legal euthanasia equates to an injection that ends life abruptly. Their willingness to perform euthanasia is affected by the demanding nature of a patient's request, by their views on what circumstances render euthanasia legitimate and by their own ability to inject a lethal dose. Several GPs prefer increasing opioid dosages and palliative sedation to a lethal injection, which they consider to fall outside the scope of euthanasia legislation. Conclusions Four attitudes can be identified: (1) willing to perform euthanasia; (2) only willing to perform as a last resort; (3) feeling incapable of performing; (4) refusing on principle. The situation where GPs have to consider the request and—if they grant it—to perform the act may result in arbitrary access to euthanasia for the patient. The possibility of installing transparent referral and support strategies for the GPs should be further examined. Further discussion is needed in the medical profession about the exact content of the euthanasia law. (shrink)