This issue’s “Legal Briefing” column covers recent legal developments involving medical decision making for unbefriended patients. These patients have neither decision-making capacity nor a reasonably available surrogate to make healthcare decisions on their behalf. This topic has been the subject of recent articles in JCE. It has been the subject of major policy reports. Indeed, caring for the unbefriended has even been described as the “single greatest category of problems” encountered in bioethics consultation. Moreover, the scope of the problem continues (...) to expand, especially with rapid growth in the elderly population and with an increased prevalence of dementia.Unfortunately, most U.S. jurisdictions have failed to adopt effective healthcare decision-making systems or procedures for the unbefriended. “Existing mechanisms to address the issue of decision making for the unbefriended are scant and not uniform.” Most providers are “muddling through on an ad hoc basis.” Still, over the past several months, a number of state legislatures have finally addressed the issue. These developments and a survey of the current landscape are grouped into the following 14 categories. The first two define the problem of medical decision making for the unbefriended. The remaining 12 categories describe different solutions to the problem. The first six of these solutions are discussed in this article (Part 1). The last eight solutions will be covered in the Summer 2012 issue of JCE (Part 2). 1. Who are the unbefriended?2. Risks and problems of the unbefriended3. Prevention: advance care planning, diligent searching, and careful capacity assessment4. Decision-making mechanisms and standards5. Emergency exception to informed consent6. Expanded default surrogate lists: close friends7. Private guardians8. Volunteer guardians9. Public guardians10. Temporary and emergency guardians11. Attending physicians12. Other clinicians, individuals, and entities13. Institutional committees14. External committees. (shrink)

Niccolò Machiavelli is the father of modern constitutionalism. Constitutionalism began anew in the modern world with the study of the ancient republics and it was Machiavelli who inaugurated this revived science of politics. Five hundred years after the composition of Il Principe and the Discorsi we are still working out the implications of applying reason to the structures of law and government in pursuit of justice and the common good. Modern constitutionalism and ancient republicanism share three central beliefs: first, that (...) government should serve justice and the common good; second, that government should do so through known and stable laws; third, that these will best be secured through the checks and balances of a well-designed constitution. Machiavelli took the theories and experiences of republican Rome and applied them to his own era. This application of reason to constitutional design transformed the politics of emergent modernity and reconfigured government throughout the world. (shrink)

Helene Cixous is widely regarded as one of the world's most influential feminist writers and thinkers. "White Ink" brings together her most revealing interviews, available in English for the first time. Spanning over four decades and including a new interview with the editor Susan Sellers, this collection presents a brilliant, running commentary on the subjects at the heart of Cixous' writing. Here, Cixous discusses her books and her creative process, her views on and insights into literature, philosophy, theatre, politics, (...) aesthetics, faith and ethics, human relations and the state of the world.As she responds to interviewers' questions, Cixous is prompted to reflect on her roles and activities as poet, playwright, feminist theorist, professor of literature, philosopher, woman, Jew. Each interview is a remarkable performance, an event in language and thought where Cixous' celebrated intellectual and poetic force can be witnessed 'in action'. The accessibility of the interview format provides an excellent starting-point for readers new to Cixous, while those already familiar with her work will find unexpected insights and fresh elucidations of her thought. (shrink)

Helene Cixous is widely regarded as one of the world's most influential feminist writers and thinkers. "White Ink" brings together her most revealing interviews, available in English for the first time. Spanning over four decades and including a new interview with the editor Susan Sellers, this collection presents a brilliant, running commentary on the subjects at the heart of Cixous' writing.Here, Cixous discusses her books and her creative process, her views on and insights into literature, philosophy, theatre, politics, aesthetics, (...) faith and ethics, human relations and the state of the world. As she responds to interviewers' questions, Cixous is prompted to reflect on her roles and activities as poet, playwright, feminist theorist, professor of literature, philosopher, woman, Jew. Each interview is a remarkable performance, an event in language and thought where Cixous' celebrated intellectual and poetic force can be witnessed 'in action'. The accessibility of the interview format provides an excellent starting-point for readers new to Cixous, while those already familiar with her work will find unexpected insights and fresh elucidations of her thought. (shrink)

With the surge of the COVID-19 pandemic, online sellers faced challenges in managing their online business daily. Aside from it, their work-life balance has been negatively affected as well, considering that they work from home and are responsible for household responsibilities. Thus, this study is conducted during the pandemic and gathered data using a semi-structured interview through Messenger call. It is conducted to explore the lived experiences of online sellers and how they managed their online business and personal (...) life. It also determines the specific challenges they’ve encountered and how they coped with them. Lastly, this study aims to map out how these experiences will benefit online sellers and consumers and explain that online selling can be both sustainable and convenient in terms of earning a good living and meeting their daily needs. Moreover, three major conclusions emerged from this study’s findings: (1) online sellers faced psychological and physical difficulties in managing their online business during the pandemic, (2) online sellers discovered ways on how to cope with the struggles they are facing, and (3) online sellers reflected on their experience to be more effective in the online selling industry. (shrink)

Kidney markets are prohibited in principle because they are assumed to undermine the seller’s dignity. Considering the trade-off between saving more lives by introducing regulated kidney markets and preserving the seller’s dignity, we argue that it is advisable to demand that citizens restrain their own moral judgements and not interfere with the judgements of those who are willing to sell a kidney. We also argue that it is advisable not only to limit the political implications of the moral argument (...) of dignity concerns toward a market-based solution but also to re-evaluate the dignity argument itself. First, if the dignity argument is to be given normative force, it must also consider the dignity violation of the potential transplant recipient. Second, there seems to be no compelling notion of dignity that demonstrates why it is morally permissible to donate but not to sell a kidney. (shrink)

A critical review of Mark Siderits's arguments in support of a compatibilist Buddhist theory of free will based on early Abhidharma reductionism and the two-truths distinction between conventional and ultimate truths or reality, which theory he terms 'paleo-compatibilism'. The Buddhist two-truths doctrine is basically analogous to Sellers' distinction between the manifest and scientific images, in which case the argument is that determinism is a claim about ultimate reality, whereas personhood and agency are about conventional reality, both discourse domains are (...) semantically insulated, and thus there cannot be any issue of the incompatibility. (shrink)

ABSTRACT A number of contributors to the Journal of Applied Philosophy have confronted the issues of nuclear war and nuclear weapons. It is the view of some of our readers, however, that there is a distinctive women's voice on this issue. It is for this reason and also in the light of the reported decision of the major news‐media in Britain not to publish any further information about the continuing Greenham protest that this discussion article is included here.

Prolific journalist, historian, political columnist, and practicing Catholic Wills (now 76) writes an intensely opinionated re-evaluation of leaders and celebrities he has encountered, among them Studs Terkel, Beverly Sills, William Buckley, Richard Nixon, and more.

The author attempts to encompass the self, or a self, that, while at some times appears to be his own, at other times not, thus encompassing and continually morphing. It is a mixture of poetry and prose.

This issue’s “Legal Briefing” column continues coverage of recent legal developments involving medical decision making for unbefriended patients. These patients have neither decision-making capacity nor a reasonably available surrogate to make healthcare decisions on their behalf. This topic has been the subject of recent articles in JCE. It has been the subject of major policy reports. Indeed, caring for the unbefriended has even been described as the “single greatest category of problems” encountered in bioethics consultation. Moreover, the scope of the (...) problem continues to expand, especially with rapid growth in the elderly population and with an increased prevalence of dementia.Unfortunately, most U.S. jurisdictions have failed to adopt effective healthcare decision-making systems or procedures for the unbefriended. “Existing mechanisms to address the issue of decision making for the unbefriended are scant and not uniform.” Most providers are “muddling through on an ad hoc basis.” Still, over the past several months, a number of state legislatures have finally addressed the issue. These developments and a survey of the current landscape are grouped into the following 14 categories. The first two categories define the problem of medical decision making for the unbefriended. The remaining 12 describe different solutions to the problem. The first six categories were covered in Part 1 of this article; the last eight categories are covered in this issue (Part 2). 1. Who are the unbefriended?2. Risks and problems of the unbefriended3. Prevention: advance care planning, diligent searching, and careful capacity assessment4. Decision-making mechanisms and standards5. Emergency exception to informed consent6. Expanded default surrogate lists: close friends7. Private guardians8. Volunteer guardians9. Public guardians10. Temporary and emergency guardians11. Attending physicians12. Other clinicians, individuals, and entities13. Institutional committees14. External committees. (shrink)

BackgroundMedical aid in dying was introduced in Quebec in 2015. Quebec clinical guidelines recommend that MAiD be approached as a last resort when other care options are insufficient; however, the law sets no such requirement. To date, little is known about when and how requests for MAiD are situated in the broader context of decision-making in end-of-life care; the timing of MAiD raises potential ethical issues.MethodsA retrospective chart review of all MAiD requests between December 2015 and June 2017 at two (...) Quebec hospitals and one long-term care centre was conducted to explore the relationship between routine end-of-life care practices and the timing of MAiD requests.ResultsOf 80 patients requesting MAiD, 54% received the intervention. The median number of days between the request for MAiD and the patient’s death was 6 days. The majority of palliative care consults came less than 7 days prior to the MAiD request and in another 25% of cases occurred the day of or after MAiD was requested. 35% of patients had no level of intervention form, or it was documented as 1 or 2 at the time of the MAiD request and 19% were receiving life-prolonging interventions.InterpretationWe highlight ethical considerations relating to the timing of MAiD requests within the broader context of end-of-life care. Whether or not MAiD is conceptualised as morally distinct from other end-of-life options is likely to influence clinicians’ approach to requests for MAiD as well as the ethical importance of our findings. We suggest that in the wake of the 2015 legislation, requests for MAiD have not always appeared to come after an exploration of other options as professional practice guidelines recommend. (shrink)

This book reveals and discusses the foundations of law and justice. Fifteen leading lawyers and philosophers of law, representing thirteen nations and fifteen different philosophical schools examine the value and purpose of law, and the nature and requirements of law and justice. Some of the world's most learned and provocative legal scholars address the ultimate questions of legal and social philosophy from all angles and the broadest possible perspective, with special reference to the work of Mortimer Newlin Stead Sellers, (...) and the republican, liberal, and analytical schools of legal thought. The conclusions reached here are not fully unanimous, congruent or conclusive, but they represent the pinnacle of legal scholarship as it exists today and furnish the necessary basis for any future study of law, justice, or the ultimate requirements of just, effective and legitimate law and society. (shrink)

Research on the intersection of race and gender suggests that, for African Americans, racial inequality is more salient than gender inequality. However, theoretical perspectives on the multiplicative effects of status positions and “outsider within” models suggest that minority group membership can be a catalyst for the development of feminist attitudes. This article examines three issues central to feminism: recognition and critique of gender inequality, egalitarian gender roles, and political activism for the rights of women. The authors found that support for (...) feminist ideology was common for both African American women and men, although the level of support varied depending on the issue and by gender. Factors predicting the endorsement of feminist ideology also varied depending on the issue and by gender. The authors found partial support for the race saliency hypothesis, but there was also evidence of the multiplicative effects of status positions on African Americans' feminist attitudes. (shrink)

Three acclaimed literary critics ask: Do women construct and write fiction differently from men? They explore theoretical aspects of the feminist agenda as well as analyze their own creative procedures. Sue Roe, Susan Sellers, Nicole Ward Jouve.

An accessible introduction to French feminist theory and contemporary French women's writing for non-French speakers. The book offers a context to this challenging, controversial body of work by giving clear accounts of the philosophical, post-structural and psychoanalytic debates which have had such an impact on French intellectual life in recent years, and to which French feminist writers offer a response.

Sellers explores contemporary women's rewritings of myth and fairy tale, asking why mythical paradigms continue to have such potency despite the distorted images of gender they often present. A series of readings of texts is given in illustration.

_Three Steps on the Ladder of Writing_ is a poetic, insightful, and ultimately moving exploration of 'the strange science of writing.' In a magnetic, irresistible narrative, Cixous reflects on the writing process and explores three distinct areas essential for 'great' writing: _The School of the Dead_--the notion that something or someone must die in order for good writing to be born; _The School of Dreams_--the crucial role dreams play in literary inspiration and output; and _The School of Roots_--the importance of (...) depth in the 'nether realms' in all aspects of writing. Cixous's love of language and passion for the written word is evident on every page. Her emotive style draws heavily on the writers she most admires: the Brazilian novelist Clarice Lispector, the Russian poet Marina Tsvetaeva, the Austrian novelists Ingeborg Bachmann and Thomas Bernhard, Dostoyevsky and, most of all, Kafka. (shrink)

These interviews with Hélène Cixous offer invaluable insight into her philosophy and criticism. Culled from newspapers, journals, and books, _White Ink_ collects the best of these conversations, which address the major concerns of Cixous's critical work and features two dialogues with twentieth-century intellectuals Michel Foucault and Jacques Derrida. The interviews in _White Ink_ span more than three decades and include a new conversation with Susan Sellers, the book's editor and a leading Cixous scholar and translator. Cixous discusses her work (...) and writing process. She shares her views on literature, feminism, theater, autobiography, philosophy, politics, aesthetics, religion, ethics, and human relations, and she reflects on her roles as poet, playwright, professor, woman, Jew, and, her most famous, "French feminist theorist." Sellers organizes _White Ink_ in such a way that readers can grasp the development of Cixous's commentary on a series of vital questions. Taken together, the revealing performances in _White Ink_ provide an excellent introduction this thinker's brave and vital work—each one an event in language and thought that epitomizes Cixous's intellectual and poetic force. (shrink)

As its name implies, Life Above the Clouds: Philosophy in the Films of Terrence Malick gestures to Terrence Malick's ongoing interest in the philosophical quali.

el derecho, la razón y la emoción tienen una larga, estrecha y complicada relación en la historia de la filosofía y de la justicia. Esta discusión sugiere que el derecho gana legitimidad y eficacia cuando une la razón con la emoción, que la razón y la emoción humana son los valores rectores de cualquier sistema jurídico justo, que todos los sistemas jurídicos dicen ser justos y que todos los sistemas jurídicos y todos los académicos del derecho hacen uso de estas (...) ideas, ya sea que las reconozcan o no. Este artículo busca aclarar los conceptos “derecho”, “razón”, “emoción”, “justicia”, “eficacia” y “Estado de derecho”, con el fin de comprender mejor cómo se relacionan entre ellos y así establecer la agenda para un mayor diálogo entre los mismos. Para lo anterior, el primer paso sería considerar cómo estas palabras han sido y deberían usarse para una mejor comprensión y un eventual mejoramiento del derecho y la sociedad. Razón y emoción son los pilares gemelos del derecho, que hacen que este último sea legítimo, justo y eficaz cuando se toman debidamente en cuenta. Nadie puede entender correctamente el derecho sin hacer referencia tanto a la emoción humana como al propósito con el que el derecho existe para servir, que es el bienestar racional de todos y cada uno de los miembros de la sociedad. (shrink)

The author, a scientist working in clinical genetics, outlines the functions of the genetic counsellor and discusses some of the ethical issues involved. The paper is based on one given at a London Medical Group conference.

A collection of essays illustrating the current preoccupations and practices of 13 British feminists. Each focusses on a literary text, either presenting a feminist interpretation or explaining the author's feminism. No index. Annotation copyrighted by Book News, Inc., Portland, OR.

This book examines the role and importance of reason and emotion in justice and the law. Eight lawyers and philosophers of law consider law's basis in the universal human need for society, our innate sense of justice, and many other powerful inclinations and emotions, including the desire for fairness and even for law itself. Human beings are deeply social creatures, inspired by social and other emotions, which can ennoble, support, or undermine the law. Law gains legitimacy and effectiveness when reason (...) recognizes and embraces human emotions for the benefit of society as a whole. This volume explores the power and purposes of reason and emotion in the law. (shrink)