This paper assesses the epistemic challenges of giving nutrition advice to elite athletes in light of recent philosophical discussion concerning evidence-based practice. Our trust in experts largely depends on the assumption that their advice is based on reliable evidence. In many fields, the evaluation of the reliability of evidence is made on the basis of standards that originate from evidence-based medicine. I show that at the Olympic or professional level, implementing nutritional plans in real-world competitions requires contextualization of knowledge (...) in a way that contravenes the tenets of evidence-based thinking. Nutrition experts need to be able to combine and apply evidence from multiple sources, including the previous successes and failures of particular athletes. I argue that in this sense, the practice of elite sport nutrition embodies casuistic reasoning. (shrink)

The best-interests standard is a widely used ethical, legal, and social basis for policy and decision-making involving children and other incompetent persons. It is under attack, however, as self-defeating, individualistic, unknowable, vague, dangerous, and open to abuse. The author defends this standard by identifying its employment, first, as a threshold for intervention and judgment (as in child abuse and neglect rulings), second, as an ideal to establish policies or prima facie duties, and, third, as a standard of reasonableness. Criticisms of (...) the best-interests standard are reconsidered after clarifying these different meanings. (shrink)

In my paper on moral responsibility and mental health disabilities, I defended the use of the standard of the reasonable person (SRP), adapted from W.O. Holmes’ famous account of responsibility in The Common Law (1881). This theory is meant to be applicable to all cases of moral responsibility assessment, but it is particularly apt for ascribing moral responsibility in cases of mental illness on a realist basis. This is because it has three distinctive advantages over the alternatives, that is, the (...) reasons view and the reflective-self view. Namely, (i) it avoids reliance on subjective data, which research in situationist psychology and neuroethics has shown to be elusive, unreliable, and relatively epistemically .. (shrink)

According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that a person knows (...) a proposition when their evidence rules out all relevant error possibilities. I adapt this framework to model three legal standards of proof—the preponderance of evidence, clear and convincing evidence, and beyond reasonable doubt standards. I describe virtues of this framework. I argue that, by eschewing numerical thresholds, the relevant alternatives framework avoids problems inherent to rival models. I conclude by articulating aspects of legal normativity and practice illuminated by the relevant alternatives framework. (shrink)

How does human agency relate to the good? According to a thesis with ancient pedigree, the connection is very tight. Known as “the Guise of the Good” (GG), it states that human action or motivation to act, of some special kind or another, is only possible insofar as the agent performs or is motivated to perform the act because of the good she sees in so acting. But how might agents see their actions as good? Recent research in moral psychology, (...) the philosophy of mind, and the cognitive sciences suggests that affective states may play a deep role in cognition and action as representations of value: for instance, pain may represent an injury as bad for one. This dissertation begins by defending just such an evaluationist account of unpleasant pain from an objection, and then develops and defends an affect-based version of GG. The first part of the dissertation (Chapter 2) considers a foundational problem for an evaluationist theory of affect. The theory is motivated by its ability to make sense of our aversive intentional responses to pain as responses to value, but the shooting the messenger objection charges that it is unable to make sense of our aversive behavior to the sensations themselves. I propose a solution to this problem on behalf of the evaluationist: when we introspect our pains we also turn our emotional distress inwards, enabling it to represent our pains as bad. One crucial question GG theorists must face is just what the good of GG is. Chapter 3 argues that, lest the thesis be too weak, it must hold that actions must appear to their agents to meet a standard of practical reason. The chapter then shows how the intelligibility motivation for GG can lead naturally to the view that the standards so presented are shared publicly. Chapter 4 argues against the standard understanding of GG in terms of essentially evaluative desires and contends that it should be replaced by hard-line affectivism, the view that GG is true because actions are based on affective states that represent there as being reason for those actions. (shrink)

A critical study of Kieran Setiya's *Reasons without Rationalism*.

The problem of standard of care in clinical research concerns the level of treatment that investigators must provide to subjects in clinical trials. Commentators often formulate answers to this problem by appealing to two distinct types of obligations: professional obligations and natural duties. In this article, I investigate whether investigators also possess institutional obligations that are directly relevant to the problem of standard of care, that is, those obligations a person has because she occupies a particular institutional role. I examine (...) two types of institutional contexts: (1) public research agencies – agencies or departments of states that fund or conduct clinical research in the public interest; and (2) private-for-profit corporations. I argue that investigators who are employed or have their research sponsored by the former have a distinctive institutional obligation to conduct their research in a way that is consistent with the state's duty of distributive justice to provide its citizens with access to basic health care, and its duty to aid citizens of lower income countries. By contrast, I argue that investigators who are employed or have their research sponsored by private-for-profit corporations do not possess this obligation nor any other institutional obligation that is directly relevant to the ethics of RCTs. My account of the institutional obligations of investigators aims to contribute to the development of a reasonable, distributive justice-based account of standard of care. (shrink)

This paper highlights the role of Lewis’ Principal Principle and certain auxiliary conditions on admissibility as serving to explicate normal informal standards of what is reasonable. These considerations motivate the presuppositions of the argument that the Principal Principle implies the Principle of Indifference, put forward by Hawthorne et al.. They also suggest a line of response to recent criticisms of that argument, due to Pettigrew and Titelbaum and Hart, 621–632, 2020). The paper also shows that related concerns of Hart (...) and Titelbaum, 252–262, 2015) do not undermine the argument of Hawthorne et al.. (shrink)

What I call the dynamics of reason is a post-Kuhnian approach to the history and philosophy of science articulating a relativized and historicized version of the Kantian conception of the rationality and objectivity of the modern physical sciences. I here discuss two extensions of this approach. I argue that, although the relativized standards of rationality in question change over time, the particular way in which they do this still preserves the trans-historical rationality of the entire process. I also make (...) a beginning in extending my historical narrative from purely intellectual history (both philosophical and scientific) to the wider cultural context. (shrink)

The problem of standard of care in clinical research concerns the level of treatment that investigators must provide to subjects in clinical trials. Commentators often formulate answers to this problem by appealing to two distinct types of obligations: professional obligations and natural duties. In this article, I investigate whether investigators also possess institutional obligations that are directly relevant to the problem of standard of care, that is, those obligations a person has because she occupies a particular institutional role. I examine (...) two types of institutional contexts: (1) public research agencies – agencies or departments of states that fund or conduct clinical research in the public interest; and (2) private‐for‐profit corporations. I argue that investigators who are employed or have their research sponsored by the former have a distinctive institutional obligation to conduct their research in a way that is consistent with the state's duty of distributive justice to provide its citizens with access to basic health care, and its duty to aid citizens of lower income countries. By contrast, I argue that investigators who are employed or have their research sponsored by private‐for‐profit corporations do not possess this obligation nor any other institutional obligation that is directly relevant to the ethics of RCTs. My account of the institutional obligations of investigators aims to contribute to the development of a reasonable, distributive justice‐based account of standard of care. (shrink)

Hastings Center Report, Volume 51, Issue 5, Page 30-41, September‐October 2021.

This paper presents a series of studies (total N=579) which demonstrate that folk judgments concerning the reasonableness of decisions and actions depend strongly on whether they engender positive or negative consequences. A particular decision is deemed more reasonable in retrospect when it produces beneficial consequences than when it produces harmful consequences, even if the situation in which the decision was taken and the epistemic circumstances of the agent are held fixed across conditions. This finding is worrisome for the law, where (...) the reasonable person standard plays a prominent role. The legal concept of reasonableness is outcome-insensitive: whether the defendant acted in a reasonable fashion or not depends exclusively on her context of action, no matter how things play out. Folk judgments of reasonableness are thus inconsistent with the legal concept of reasonableness. Problematically, in common law jurisdictions, the decision whether a defendant’s behavior was reasonable or not is frequently (though not necessarily) delegated to a lay jury. (shrink)

It is argued by Lie et al in the current issue of the Journal of Medical Ethics that an international consensus opinion has formed on the issue of standards of care in clinical trials undertaken in developing countries. This opinion, so they argue, rejects the Declaration of Helsinki’s traditional view on this matter. They propose furthermore that the Declaration of Helsinki has lost its moral authority in the controversy in research ethics. Although the latter conclusion is supported by this (...) author, it will be demonstrated in this paper that there is not such a thing as an international consensus opinion, and that the authorities used by Lie et al as evidence in support of their claim should not be relied upon as authorities or final arbiters in this debate. Furthermore, it will be shown that arguments advanced substantively to show that lower standards of care are ethically acceptable in the developing world, conflate scientific with economic reasons, and ultimately fail to bolster the case they are designed to support. (shrink)

According to Iris Murdoch, the chief experience in morality is the recognition of others, and this is the experience of loving attention. Love is an independent source of moral authority, distinct from the authority of reason. It is independent because it can be attained through moral experiences that are not certified by reason and cannot be achieved by rational deliberation. This view of love calls into question a cluster of concepts, such as rational agency and principled action, which figure prominently (...) in the Kantian characterization of the moral experience and resound through Kant’s account of virtue as an endured but never-ending struggle. But it would be a mistake to conclude that Murdoch’s philosophical project opposes Kant’s without further qualifications. In this chapter, I illustrate some convergence between Kant and Murdoch at the methodological level, in their polemic against reductivism. They both oppose reductivist empiricism on epistemological and moral grounds, because they define the standard of proof in relation to the experience of morality. In Murdoch’s words, the philosophical proof, if there is one, is the same as the moral proof (Murdoch 1997: 361). This is where Kant and Murdoch part ways. While Kant argues that the moral experience is the experience of the impact of reason, which provides self-discipline by constraint, Murdoch holds that the moral standard of proof is love. The transformative power of love allows us to engage with reality and recognize others for what they are, that in which consists the primal moral experience. Murdoch’s argument against Kant’s appeal to principles brings to the fore a crucial issue, which concerns the source of moral authority and the possibility of practical reason. Some of her most popular arguments against Kant are based on an oversimplified view of the impact of reason in moral life, and perhaps they owe part of their fortune to this oversimplification. I shall argue that such arguments miss their intended target, but I also hope to show that Murdoch sketches a distinctive model of the moral proof, which establishes a genuine alternative both to theories of practical reason and to reductivist accounts of the mind and its activities. (shrink)

This book focuses on the standards of philosophical rationality, corresponding to a philosophy that aspires to be more than the wisdom that stems from and addresses everyday human needs. It is a search for standards that would, as it were, show the way to philosophical wisdom for anyone who is willing and able to assess it. One of the problems is that people have had a different understanding of the basic concept of rationality, which is the rationale. (Series: (...) Development in Humanities - Vol. 1). (shrink)

Three times in Book 1 chapter 13 of the Nicomachean Ethics, Aristotle says desire partakes of reason in a way. There is a consensus view in the literature about what that claim means: desire has no intrinsic rationality, but can partake of reason by being blindly obedient to the commands of reason. I argue this consensus view is mistaken: for Aristotle, adult human desire has its own intrinsic rationality, and while it is to be obedient to reason, it is not (...) blind obedience, for when reason tells desire to obey, it includes an explanation supporting its order which desire can at least potentially understand. Thus, the nature of human desire, and also of the characteristic interaction of desire and reason, is much different than it is standardly taken to be. (shrink)

According to Iris Murdoch, the chief experience in morality is loving attention. Her view calls into question the Kantian account of the standard of moral authority, and ultimately denies that reason might provide moral discernment, validate moral experience, or drive us toward moral progress. Like Kant, Murdoch defines the moral experience as the subjective experience of freedom, which resists any reductivist approach. Unlike Kant, she thinks that this free agency is unprincipled. Some of her arguments are based on an oversimplified (...) account of Kant’s theory of reflective agency and discount the discipline of reason, thereby nullifying its practical import. However, Murdoch’s work offers a distinctive view of the standard of proof as a “moral proof”, which rehabilitates the transformative power of love and represents a genuine alternative to theories of practical reason as well as to reductivist empiricist views of the mind. (shrink)

According to Iris Murdoch, the chief experience in morality is loving attention. Her view calls into question the Kantian account of the standard of moral authority, and ultimately denies that reason might provide moral discernment, validate moral experience or drive us toward moral progress. Like Kant, Murdoch defines the moral experience as the subjective experience of freedom, which resists any reductivist approach. Unlike Kant, she thinks that this free agency is unprincipled. Some of her arguments are based on an oversimplified (...) account of Kant’s theory of reflective agency and discount the discipline of reason, thereby nullifying its practical import. However, Murdoch’s work offers a distinctive view of the standard of proof as a ‘moral proof’, which rehabilitates the transformative power of love and represents a genuine alternative to theories of practical reason as well as to reductivist empiricist views of the mind. (shrink)

We all know that being reasonable is important in daily life. Beyond daily life, major political and ethical theorists give central place to reasonableness in their accounts of just and moral behaviour. In the law, at least in the Anglo-American setting, reasonableness is the standard for a wide range of behaviour, from administrative decisions to torts. But what is it to be reasonable? In answer, I provide a genealogical account of reasonableness. The functional perspective afforded by a genealogical account has (...) numerous payoffs, explaining important features of reasonableness, and enabling us to respond to worries about vagueness or subjectivity in the meaning of ‘reasonable’. (shrink)

ABSTRACT In recent years there has been intense debate regarding the level of medical care provided to ‘standard care’ control groups in clinical trials in developing countries, particularly when the research sponsors come from wealthier countries. The debate revolves around the issue of how to define a standard of medical care in a country in which many people are not receiving the best methods of medical care available in other settings. In this paper, we argue that additional dimensions of the (...) standard of care have been hitherto neglected, namely, the structure and efficiency of the national health system. The health system affects locally available medical care in two important ways: first, the system may be structured to provide different levels of care at different sites with referral mechanisms to direct patients to the appropriate level of care. Second, inefficiencies in this system may influence what care is available in a particular locale. As a result of these two factors locally available care cannot be equated with a national ‘standard’. A reasonable approach is to define the national standard of care as the level of care that ought to be delivered under conditions of appropriate and efficient referral in a national system. This standard is the minimum level of care that ought to be provided to a control group. There may be additional moral arguments for higher levels of care in some circumstances. This health system analysis may be helpful to researchers and ethics committees in designing and reviewing research involving standard care control groups in developing country research. (shrink)

Three times in Book 1 chapter 13 of the Nicomachean Ethics, Aristotle says desire partakes of reason in a way. There is a consensus view in the literature about what that claim means: desire has no intrinsic rationality, but can partake of reason by being blindly obedient to the commands of reason. I argue this consensus view is mistaken: for Aristotle, adult human desire has its own intrinsic rationality, and while it is to be obedient to reason, it is not (...) blind obedience, for when reason tells desire to obey, it includes an explanation supporting its order which desire can at least potentially understand. Thus, the nature of human desire, and also of the characteristic interaction of desire and reason, is much different than it is standardly taken to be. (shrink)

The practice of research is full of ethical challenges, many of which might be addressed through the teaching of responsible conduct of research . Although such training is increasingly required, there is no clear consensus about either the goals or content of an RCR curriculum. The present study was designed to assess community standards in three domains of research practice: authorship, collaboration, and data management. A survey, developed through advice from content matter experts, focus groups, and interviews, was distributed (...) in November 2010 to U.S. faculty from 50 graduate programs for each of four different disciplines: microbiology, neuroscience, nursing, and psychology. The survey addressed practices and perceived standards, as well as perceptions about teaching and learning. Over 1,300 responses yielded statistically significant differences in responses to nearly all questions. However the magnitude of these differences was typically small, leaving little reason to argue for community consensus on standards. For nearly all questions asked, the clear finding was that there was nothing approaching consensus. These results may be useful not so much to teach what the standards are, but to increase student awareness of the diversity of those standards in reported practice. (shrink)

The idea that normative statements implicitly refer to standards has been around for quite some time. It is usually defended by normative antirealists, who tend to be attracted to Humean theories of reasons. But this is an awkward combination: 'A ought to X' entails that there are reasons for A to X, and 'A ought to X all things considered' entails that the balance of reasons favours X-ing. If the standards implicitly referred to are not those of the (...) agent, then why would these entailments hold? After all, Humeanism says that 'A has a reason to X' is true if and only if A has some desire which is furthered by X-ing. In this paper, I develop a standard-relational theory of 'ought' and a non-Humean theory of reasons (oughtism). Together, they explain why 'A ought to X' entails not only that there are reasons for A to X, but also that the balance of reasons favours X-ing. The latter explanation depends on a theory of weight, in which the weight of a reason depends on the position of a rule (standard) in an order of priorities. The theories are truth-conditional, but do not require objective normative facts for the truth of 'ought' judgments and judgments about reasons. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Standards of Music Education and the Easily Administered Child/Citizen: The Alchemy of Pedagogy and Social Inclusion/Exclusion Thomas S. Popkewitz and Ruth Gustafson University of Wisconsin-Madison Educational standards are forsome a corrective device to promote the twin goals of excellence and equity by making explicit the performance outcomes ofschooling. For others, performance standards do not do what they say and install the wrong goals for teaching. But (...) various sides in the debate assume that school subjects teach the subjects and what is needed are more effective and efficient classroom practices. Our approach is different. We consider the standards of school subjects as related to the conditions of state governing. School subjects inscribe principles that administer the conduct ofthe child who is to grow into the "reasonable citizen." The Standards Movement is more than what is publicly discussed. Pedagogy embodies particular ways ofthinking or a system ofreason in which pedagogy orders who we are, who we should become, and who are not qualifiedto become that "we." If we think of modern schooling as an inscription device in the fonning of the citizen through the development ofthe child, the crux of the debate is not whether to have standards. It is how particular standards are inscribed through pedagogicalpractices. Ifwe treat school subjects as analogous to a uniform system of taxes, the developmentofuniformmeasurements, andurban planning in the modem state, our concern is with the boundaries created about the rules and standards of reason and the reasonable person. Pedagogygoverns inadoublesense: schoolmusic embodies representations that constitute the objects that children act on as real, and it generates principles to orderand patrol the borders that qualify and disqualify individuals for participation. The standards that govern music education can be thought about as an alchemy.1 The field of music is transported and translated into school subjects andpedagogical content. As the sorcerer ofthe middle ages sought to turn lead into gold, a specializedpedagogyplaces children in a new set ofrelations that is no longerthe academic field of music. Why is the alchemy important? First, the alchemy ofschool subjects is a particular system of reason that fabricates the kinds of people administered in schooling. Second, the alchemy reconfigures the sensitivities and awarenesses of the field of music to make the child's "soul" the site of administration. That soul in music and other school subjects is talked about today as personaldevelopment, self-reflection,personality, and character. Third, school subjects are sites in which the relations between the state, society, community, and individuality are worked and reworked to produce the borders ofinclusion and exclusion. The first section of this paper considers school subjects as a practice of governing that administersprinciples (orstandards ifwecanplay with that word) about who we are and should be. The second section considers psychology as the translation device that transports academic disciplines into school subjects. It may seem odd at firstglancebutthesamepsychologicaltransportation systems exist across school subjects. The historical intervention of the transportation system, we argue in the third section, has little to do with understanding music or science, but with governing the soul. In that section we examine the different cultural practices that overlap to©Philosophy ofMusic Education Review 10, no. 2 (Fall, 2002): 80-91. Thomas S. Popkewitz/Ruth Gustafson 81 generate principles that orderthe nature ofmusic, the child/childhood, teaching, and reflection and subjectivity in music education. The discussion is not about the internal structure or the goodness ofmusic education but the particular frames of reference that form the evidence and possibilities of reform in school subjects. We take up the task ofinquiry into the alchemy of music as part of a broader project to show the contingency ofthe arrangement that we live by showing how thought has played a part in holding those arrangements together and to contestthe strategiesthatgovernthehumanpossibilities. The Art ofGoverning: Standards as Mapping Who We are/to Become Themodern state governs through developing a precise system of classifications and the correct sorting devices to chart a course ofaction that will change society for the better and which will prevent any futurejoining ofthe ranks ofthe poorly performing. To govern is to develop systems ofclassification that calculate and make legiblepeople fortheadministrationofthe society and the citizen. Mass schooling is a central institution in... (shrink)

Historically, the standard of care in medical negligence provided considerable scope for external evaluation of clinical judgment. Under the Bolam test, however, determining the standard was seen by the courts as essentially a matter for the medical profession, to be resolved by expert testimony with minimal court scrutiny. In recent years, courts have become more willing to probe such testimony and challenge the credibility of medical experts, although they would very rarely override clinical judgment. The House of Lords' decision in (...) Bolitho may be construed as inviting courts to reach their own conclusions on the reasonableness of clinical conduct, along standard risk–benefit lines, after having made their own assessment of the expert opinion. Closer scrutiny of such opinion is the more welcome in the light of current concerns about partisanship in expert testimony. (shrink)

Though the duties of care owed toward innocents in war and in civil life are at the bottom univocally determined by the same ethical principles, Bazargan-Forward argues that those very principles will yield in these two contexts different “in-practice” duties. Furthermore, the duty of care we owe toward our own innocents is less stringent than the duty of care we owe toward foreign innocents in war. This is because risks associated with civil life but not war (a) often increase the (...) expected welfare of the individuals upon whom the risk is imposed, (b) are often imposed with consent, and (c) are often imposed reciprocally. The conclusion—that we have a pro tanto reason for adopting a more stringent standard of risk imposition toward foreign innocents in war—has implications for not only what standards of risk we should adopt in war, but also how we should weigh domestic versus foreign civilian lives. (shrink)

ABSTRACT In recent years there has been intense debate regarding the level of medical care provided to ‘standard care’ control groups in clinical trials in developing countries, particularly when the research sponsors come from wealthier countries. The debate revolves around the issue of how to define a standard of medical care in a country in which many people are not receiving the best methods of medical care available in other settings. In this paper, we argue that additional dimensions of the (...) standard of care have been hitherto neglected, namely, the structure and efficiency of the national health system. The health system affects locally available medical care in two important ways: first, the system may be structured to provide different levels of care at different sites with referral mechanisms to direct patients to the appropriate level of care. Second, inefficiencies in this system may influence what care is available in a particular locale. As a result of these two factors locally available care cannot be equated with a national ‘standard’. A reasonable approach is to define the national standard of care as the level of care that ought to be delivered under conditions of appropriate and efficient referral in a national system. This standard is the minimum level of care that ought to be provided to a control group. There may be additional moral arguments for higher levels of care in some circumstances. This health system analysis may be helpful to researchers and ethics committees in designing and reviewing research involving standard care control groups in developing country research. (shrink)

Very plausibly, there is something important missing in our lives if we are thoroughly ignorant or misled about reality – even if, as in a kind of Truman Show scenario, intervention or fantastic luck prevents unhappiness and practical failure. But why? I argue that perfectionism about well-being offers the most promising explanation. My version says, roughly, that we flourish when we exercise our self-defining capacities successfully according to their constitutive standards. One of these self-defining capacities, or capacities whose exercise (...) reveals who we are, is Reason, our capacity for normative self-governance. I argue that in its practical use, Reason formally aims at competently realizing self-chosen valuable ends that are in harmony with each other, or valuable achievements. In its theoretical use, it formally aims at competently grasping fundamental enough subject matters, or a kind of understanding. Because success by reason’s own standards requires many things to go right, there are many different ways in which we can fall short. Some of them amount to partial success. But some, like incompetent inquiry that fails to yield understanding of its target, or taking inefficient means to a worthless end, are robust failures that amount to epistemic or agential unflourishing, and thus to a form of ill-being. (shrink)

NEOCLASSICAL ECONOMICS IS INSTRUMENTAL IN CHARACTER, FOCUSING on the efficient realization of the sovereign desires of consumers. The emphasis on instrumental reasoning leaves little room for consideration of economic virtue. The tradition of Catholic social teaching has drawn on St. Thomas Aquinas for a framework that approaches economic problems through the lens of virtue. Thomas's thought, however, hinges on the socially determined standards of living of his day, which have no modern counterpart. The neglected consumer economist Hazel Kyrk (...) offers a theory of consumption that does center on the standard of living and thus offers us a bridge between Thomas's thought and our modern economic setting. (shrink)

AbstractHume is perhaps the most skeptical of all the great philosophers; and so it might reasonably have been assumed that he would have doubted the existence of a standard of taste in an area of human activity, the arts, where very many people, not ordinarily considered of a skeptical turn of mind, have doubted the existence of any standard according to his 1757 essay Of the Standard of Taste.

The Office for Human Research Protections was correct in determining that the consent forms for the National Institutes of Health -sponsored SUPPORT study were seriously flawed. Several articles defended the consent forms and criticized the OHRP's actions. Disagreement focuses on three central issues: how risks and benefits should be described in informed consent documents; the meaning and application of the concept of “standard of care” in the context of research; and the proper role of OHRP. Examination of the consent forms (...) reveals that they failed to disclose the reasonably foreseeable risks of the experimental interventions in the study, as well as the potential for differences in the degree of risk between these interventions. Although the concept of “standard of care” may be helpful in determining the ethical acceptability of other aspects of research, such as clinical equipoise, it is not helpful in discussing consent requirements. (shrink)

It is contested whether and to what extent moral responsibility can be ascribed to persons with mental health disabilities. Will Cartwright (2006) evaluates two prevalent theories of responsibility in terms of their suitability for morally appraising sociopathic personality disorder, particularly as embodied in the famous homicidal bank robber Robert Harris. Cartwright argues that our intuitions about Harris conflict because we are instantly horrified by Harris’ actions, but we are forced to reconsider our initial moral reaction when we reflect on Harris’ (...) history of extreme abuse and neglect. After considering both candidate theories—the reflective-self view and the reasons view—Cartwright decides that neither is .. (shrink)

Can we give objective reasons for our most basic standards of reason-- our fundamental epistemic principles? I argue, against several forms of skepticism about reason, that we can, but that the reasons we can give for epistemic principles are ultimately practical, not epistemic.

Among those sympathetic to Hume''smoral philosophy, a general consensus hasemerged that his first work on the topic,A Treatise of Human Nature, is his best. Hislater work, An Enquiry Concerning thePrinciples of Morals, is regarded as scaleddown in both scope and ambition. In contrastto this standard view, I argue that Hume''slater work offers a more sophisticated theoryof moral evaluation. I begin by reviewing theTreatise theory of moral evaluation tohighlight the reasons why commentators find socompelling Hume''s account of the corrections wemake to (...) our moral sentiments. The method isendorsed by philosophers such as Henry DavidAiken and Annette C. Baier because, theyallege, it shows that moral sentiments reflecta process of judgment that includes thepossibility of corrigibility and ofjustification. But Hume''s method of correctionfalls short and does not establish why thesentiments conforming to the standard of virtueshould count as moral judgments. In the secondEnquiry, Hume lays out a different set ofcriteria, including not only the need forcertain virtues of good judgment but attentionto the particular cultural and historicalorigins of the norms governing the virtues ofgood judgment. Hume''s attention to diversityin evaluative outlook in his more matureposition takes seriously the relation betweenmoral authority and public debate. (shrink)

This book contributes to two debates and it does so by bringing them together. The first is a debate in metaethics concerning normative reasons, the considerations that serve to justify a person’s actions and attitudes. The second is a debate in epistemology concerning the norms for belief, the standards that govern a person’s beliefs and by reference to which they are assessed. The book starts by developing and defending a new theory of reasons for action, that is, of practical (...) reasons. The theory belongs to a family that analyses reasons by appeal to the normative notion of rightness (fittingness, correctness); it is distinctive in making central appeal to modal notions, specifically, that of a nearby possible world. The result is a comprehensive framework that captures what is common to and distinctive of reasons of various kinds: justifying and demanding; for and against, possessed and unpossessed; objective and subjective. The framework is then generalized to reasons for belief, that is, to epistemic reasons, and combined with a substantive, first-order commitment, namely, that truth is the sole right-maker for belief. The upshot is an account of the various norms governing belief, including knowledge and rationality, and the relations among them. According to it, the standards to which belief is subject are various, but they are unified by an underlying principle. (shrink)

The essays in Powerful Arguments reconstruct the standards of validity underlying argumentative practices in a wide array of late imperial Chinese discourses, from the Song through the Qing dynasties. The fourteen case studies analyze concrete arguments defended or contested in areas ranging from historiography, philosophy, law, and religion to natural studies, literature, and the civil examination system. By examining uses of evidence, habits of inference, and the criteria by which some arguments were judged to be more persuasive than others, (...) the contributions recreate distinct cultures of reasoning. Together, they lay the foundations for a history of argumentative practice in one of the richest scholarly traditions outside of Europe and add a chapter to the as yet elusive global history of rationality. (shrink)

Legal reasoning on the requirements and application of law has been studied for centuries, but in this subject area the legal profession maintains predominantly the same stance it did in the time of the Ancient Greeks. There is a gap between the standards of proof, one which has been always demonstrated by percentages and in terms of the evaluation of these standards by percentages by mathematical or statistical methods. One method to fill the gap is Bayes theorem (...) that describes an event’s probability based on conditions that might be related to an event. Bayes theorem can help to establish or confirm a relation between facts and rules if there is sufficient other evidence that connect a party in a procedure with a considered legal action. (shrink)

There are three steps in my description of the ground-problem of value: First, Husserl’s analysis of the crisis of reason is based on the systematic loss and phenomenological recovery of the intuitive evidence of the lifeworld. But if letter symbols are essential to formalizing abstraction, as Klein’s de-sedimentation of Vieta’s institution of modern algebra shows, then the ultimate substrates upon which formalization rests cannot be “individuals” in Husserl’s sense. The consequence of the essentiality of the letter symbols to formalization is (...) that no direct reference to intuitive evidence of individuals is possible from formal structures. Second, the crisis of reason in Marx’s Capital on commodities contains a parallel analysis of the contradictory relation between formalism and evidence. The value-structure of capitalist society expels qualitative value to subjective use and imposes a homogeneous standard on social representation of value such that quantitative values are not grounded in the experience of use which entails that the system of general value becomes a mere aggregate. Third, the problem of value, or formal axiology, is the core of a teleological convergence between phenomenology and Marxism. A short phenomenological description of the experience of value shows that practical activities generate valuations that are experienced with an intensity through which they aim toward social representation. The conclusion is that the social representation of value in capitalist society intervenes into the constitution of the community by the intensity of individuals’ value-experience to reduce its system of value to an unthematized simple aggregate of value-quantities. (shrink)

The Sovereignty of Reason is a survey of the rule of faith controversy in seventeenth-century England. It examines the arguments by which reason eventually became the sovereign standard of truth in religion and politics, and how it triumphed over its rivals: Scripture, inspiration, and apostolic tradition. Frederick Beiser argues that the main threat to the authority of reason in seventeenth-century England came not only from dissident groups but chiefly from the Protestant theology of the Church of England. The triumph of (...) reason was the result of a new theology rather than the development of natural philosophy, which upheld the orthodox Protestant dualism between the heavenly and earthly. Rationalism arose from a break with the traditional Protestant answers to problems of salvation, ecclesiastical polity, and the true faith. Although the early English rationalists were not able to defend all their claims on behalf of reason, they developed a moral and pragmatic defense of reason that is still of interest today. Beiser's book is a detailed examination of some neglected figures of early modern philosophy, who were crucial in the development of modern rationalism. There are chapters devoted to Richard Hooker, the Great Tew Circle, the Cambridge Platonists, the early ethical rationalists, and the free-thinkers John Toland and Anthony Collins. (shrink)

The debate over risk-related standards of decisional capacity remains one of the most important and unresolved challenges to our understanding of the demands of informed consent. On one hand, risk-related standards benefit from significant intuitive support. On the other hand, risk-related standards appear to be committed to asymmetrical capacity—a conceptual incoherence. This latter objection can be avoided by holding that risk-related standards are the result of evidential considerations introduced by (i) the reasonable person standard and (ii) (...) the standing assumption that patients have capacity. This evidential approach to justifying risk-related standards of capacity avoids the most significant challenges faced by extant views while grounding risk-related standards in two fairly uncontroversial views in biomedical ethics. (shrink)

A shared goal amongst most educators, we argue, is to supplant students’ raw or “naive” intuitions with more refined intuitions about a particular domain. Educators want students, and people more generally, to recognize when ideas, frameworks, and processes don’t “look right”. When we know that something does not look right, sound right, or feel right, we investigate further. We seek to fill in the gaps between our knowledge and we attempt to learn new approaches for solving problems. Lifelong learning, in (...) other words, builds from a recognition of incoherence. We hope students will be more likely to recognize flawed reasoning or rhetorical appeals, even if they have long forgotten the details of logic, statistics, and argumentation. They have acquired a refined (one might even say “aesthetic”) sense of what is likely correct or incorrect; what is likely promising or empty. This sense is “aisthesis”. -/- Aisthesis is a marker of education. Although it doesn’t refer to particular sets of knowledge or particular skills in analyzing and evaluating problems, it provides a overarching framework that binds educators in both literature and science. Consequently, aisthesis provides a novel lens for pedagogy. Insofar as we are correct that education is about the cultivation of an aesthetic discrimination between good and bad work, aisthesis could be more explicitly targeted. Educators hope to instill in students an aisthetic sense of how to recognize when statements, issues, or artifacts are problematic and require further engagmeent. (shrink)

Kant often compares reason to an organized body, which suggests that reason should be understood as a whole from which all possible uses of the faculties of reason are derived. However, Kant does not elaborate his conception of the whole of reason. Nor does the secondary literature. This paper suggests that the wholeness of reason is the apodictic modality of reason, i.e., the necessary standard that determines what can systematically belong to reason, and thus works as the systematic condition for (...) all possible uses of the faculties of reason. This necessary standard is the discipline of pure reason. Kant compare souvent la raison à un corps organisé, ce qui suggère que la raison devrait être comprise comme un tout à partir duquel dérivent systématiquement toutes les fonctions possibles des facultés de la raison. Ni Kant, ni la littérature secondaire n’élabore cependant sa conception de la raison comme un tout. Autrement dit, ils n’élaborent pas la notion d’unité de la raison. Je soutiens que l’unité de la raison devrait être comprise comme la modalité apodictique de la raison, c’est-à-dire le critère nécessaire qui détermine ce qui peut appartenir systématiquement à la raison. Ce critère nécessaire est la discipline de la raison pure. (shrink)