Virtually all persons who have had a hand in shaping the concept of ethics committees in this country accept the principle that the individuals making up the ethics committee should represent different interests, backgrounds, and viewpoints. In other words, ethics committees are intended mainly to represent the interests of the communities they serve. However, ethics committees often also serve hospitals that are religiously based and who, not unreasonably, may insist on affirming their own institutional morality and their own peculiar way (...) of looking at some problems. Deep-seated ethical quandaries, especially in shaping policy, are often unavoidable. (shrink)

It is often said that because physicians and other healthcare professionals frequently play a critical role in determining the fate of their patients, they ought if at all possible to be their patient's friend. The relationship of necessity is intimate: physicians have knowledge of their patients' histories and of their bodies which under other circumstances would be reserved to the most intimate of friends, and physicians and patients meet under more or less critical situations. In this paper, I briefly examine (...) the role of the physician as “friend,” an Issue to be much more extensively explored In a book In preparation. (shrink)

In this paper, I want to try to put what has been termed the “care ethics” into a different perspective. While I will discuss primarily the use of that ethic or that term as it applies to the healthcare setting in general and to the deliberation of consultants or the function of committees more specifically, what I have to say is meant to be applicable to the problem of using a notion like “caring” as a fundamental precept in ethical decision (...) making. I will set out to examine the relationship between theoretical ethics, justice-based reasoning, and care-based reasoning and conclude by suggesting not only that all are part of a defensible solution when adjudicating individual cases, but that these three are linked and can, in fact, be mutually corrective. I will claim that using what has been called “the care ethic” alone is grossly insufficient for solving individual problems and that the term can be extremely dangerous. I will readily admit that while blindly using an approach based solely on theoretically derived principles is perhaps somewhat less dangerous, it is bound to be sterile, unsatisfying, and perhaps even cruel in individual situations. Care ethics, as I understand the concept, is basically a non- or truly an anti-intellectual kind of ethic in that it tries not only to value feeling over thought in deliberating problems of ethics, but indeed, would almost entirely substitute feeling for thought. Feeling when used to underwrite undisciplined and intuitive action without theory has no head and, therefore, no plan and no direction; theory eventuating in sterile rules and eventually resulting in action heedlessly based on such rules lacks humanity and heart. Neither one nor the other is complete in itself. There is no reason why we necessarily should be limited to choosing between these two extremes. (shrink)

The paper by Dr. Myles Sheehan “Why Doctors Hate Medical Ethics” highlights some of the problems of teaching ethics to an extremely weary group of house officers who may look at ethics as a waste of time, as a requirement that must be overcome, or as “a lot of crap” Although Dr. Shee-han's paper offers a number of interesting and valuable insights, it really fails to say why residents hate the teaching of medical ethics any more than they may hate (...) any other conference which, inevitably, intrudes on their time. In this response, I do not so much want to take issue with Sheehan's paper as to comment and to offer some of my own experiences teaching ethics. To do so, I am fully aware, may be regarded as matching anecdote with anecdote, a tiresome and ultimately futile process. (shrink)

: Science Studies, as developed initially in France attempt to overcome the distinctions between science and society, and correspondingly between the philosophy of science and political and social theory. Science Studies considers the theories and beliefs of scientists political rather than direct reflections of an objective natural world. I consider here Science Studies as a political theory that emerged and has developed in reaction to a particular social and political context, a crisis of technocratic politics in France. Some of the (...) leading contemporary French exponents Science Studies, a group around the journal. (shrink)

Does pre-voting group deliberation improve majority outcomes? To address this question, we develop a probabilistic model of opinion formation and deliberation. Two new jury theorems, one pre-deliberation and one post-deliberation, suggest that deliberation is beneficial. Successful deliberation mitigates three voting failures: (1) overcounting widespread evidence, (2) neglecting evidential inequality, and (3) neglecting evidential complementarity. Formal results and simulations confirm this. But we identify four systematic exceptions where deliberation reduces majority competence, always by increasing Failure 1. Our analysis recommends deliberation that (...) is 'participatory', 'neutral', but not necessarily 'equal', i.e., that involves substantive sharing, privileges no evidences, but might privilege some persons. (shrink)

“Naturrecht Feyerabend” is a collection of student notes taken on a lecture that Kant gave around the time he was working on the Groundwork. I show that these notes portray Kant as proposing a defense of morality and freedom whose “subjectivism” is unparalleled by anything that we find in his major published works. Kant here traces both the normativity of the moral principle that we must treat humanity as an end in itself and the legitimacy of regarding ourselves as free (...) agents to the subjective needs of finite human reason that he discusses in the Transcendental Dialectic of the Critique of Pure Reason. I argue that this subjectivist defense of morality and freedom does not withstand the critical scrutiny that is suggested by Kant’s considered (published) views on these topics. (shrink)

.The article deals with the difference between some forms of legal positivism. It is argued that, even in continental legal systems which are typically “rule bound,” there is some space left for principles in the legal system. The author tries to explain how this space can be filled and what methods should be used by a judge to do so.

Quizá no sea desacertado destacar que cuando Étienne Balibar afirma que el sujeto-ciudadano rousseauniano constituye una «figura propiamente revolucionaria», no está simplemente mencionándolo desde una perspectiva teórico-política, pues está haciendo ver que la dualidad que comporta supone una figura revolucionaria en un sentido lingüístico y especulativo. En este artículo, nuestro propósito no es otro que analizar el triple alcance de la «invención teórica de Rousseau». Que las significaciones conceptuales no puedan ser simples o unívocas, es lo que en buena medida (...) intentaremos poner de relieve siguiendo su interpretación de algunas de las nociones medulares del Contrato social de Rousseau. (shrink)

Starting from Rousseau’s paradoxical assertion in Emile – “I hate books”– this chapter explores Rousseau’s critical theory of books. The first part of the chapter analyses Rousseau’s sociological and pedagogical approach to the acts of publishing and reading books. The social use of books is considered in relation to Rousseau’s critique of the arts and sciences, while the pedagogical approach focuses on the books that Emile is supposed to read. The second part of the chapter examines Rousseau’s practice of philosophical (...) argumentation in relation to his theory of speech and writing. Special attention is given: a) to the development of a “style of argumentation” that combines the expression of subjective sentiment and the discussion of arguments, and b) the importance of the relationship between Rousseau’s text and its readers or addressees with respect to his conception of philosophical truth. (shrink)

This paper will discuss the role of compassion in ethics in general and in healthcare ethics in particular. My thesis is that compassion:1) as Rousseau pointed out, is a natural trait common to all higher animals ;2) can and does serve as one of the most important motivators and modulators of ethics in both theoretical and applied aspects;3) must be controlled by, and in turn control, reason if it is to serve its ethical as well as natural purposes; and4) as (...) a natural trait has survival value and, by virtue of being a natural trait, cannot be an obligation although there may very well be an obligation to do all that is necessary to nurture and not crush this sentiment. (shrink)

In this essay I evaluate Larry Alan Busk’s critique of contemporary democratic theorists and contemporary “democratic” politics in Democracy in Spite of the Demos in the context of Carl Schmitt’s critique of modern democracy. I argue that Busk shares Schmitt’s general conception of democracy and of the dangers attending any appeal to it. Though Busk presents Herbert Marcuse and Theodor Adorno as alternatives to the current crop of democratic theorists, I demonstrate that Marcuse fell prey to the most significant of (...) the paradoxes and ambivalences that Schmitt prognosticated. Adorno, I argue, is less unsteady an ally, but one that stays further back from politics than Busk evidently wishes. In the end, Busk’s Schmittian critique of democracy and democratic theory extends further than he himself suggests and reveals, not to a solution to our problems, but a new way of understanding them and their severity. (shrink)

I present a theory of alienation that accounts for the cognitive processes involved with moral thinking and political behavior in modern societies. On my account, alienation can be understood as a particular kind of atrophy of moral concepts and moral thinking that affect the ways individuals cognize and legitimate the social world and their place within it. Central to my argument is the thesis that modern forms of social integration—shaped by highly institutionalized, rationalized and hierarchical forms of social life—serve to (...) constrain the moral- cognitive powers of subjects leading to a condition of alienation as moral atrophy. This state results from the withering of the subject's internal powers of moral reflection and an overriding predisposition to rely on external value schemas to make sense of moral and political problems. I then present an analysis of alienated moral consciousness and its implications for modern social theory. (shrink)

Apoiando-se na fenomenologia filosófica e numa ciência factual , o artigo começa formulando dois problemas relativos à tolerância: 1) poder suportar os diferentes sentidos de realidade ou, respectivamente, os diferentes modos de dizer o real, e 2) poder estabelecer relacionamentos objetificantes e não-objetificantes com o mundo. Depois de mostrar que esses problemas foram sistematicamente negligenciados não somente pela literatura teológica, mas também pela filosófica , o artigo prossegue salientando que a linguagem apropriada para descrever a realidade objetificável pode ser invasiva (...) e mesmo aniquiladora - e, neste sentido, intolerante - se usada para falar da realidade não-objetificável, e que atitudes objetificantes podem destruir os modos não-objetificáveis de relacionamento com o mundo e outros seres humanos, sendo, portanto, ameaçadoras da própria essência do humano.Based on philosophical phenomenology and a positive science , this paper starts by formulating two problems of tolerance: the one being that of coming to terms with different senses of the real and different modes of talking about it, and the other that of reconciling our objectifying with our non-objectifying relationships to the world. After showing at some length that both problems have been generally neglected not only in the theological but also in the philosophical literature, the post-modern as well as the enlightened one, it will be shown that a language appropriate for describing the objectifiable reality can be intrusive and even destructive - and thus intolerant -, if used to talk about the non-objectifiable reality, and that objectifying attitudes can destroy the non-objetifying ways of relating to the world and to other persons, being, in this respect, a threat to the very essence of our humanity. (shrink)

This paper reflects on the relation between psychiatric institutions and political thought. Starting from the distinction made by G. de Clérambault between interpretation and passionate deliria, we aim at identifying two types of symbolic connotations in the demand for justice. Based on this, we formulate the following hypothesis: a description of the semiotic systems that include the two types allows for a differential analysis of the two distinct theologico-political structures to be carried out; they can come up against each other (...) or merge in historical institutions, but they still determine the power positions and the means of heterogeneous subjectivation. From these different perspectives, our hypothesis points to an ambiguity of the concept of « theologico-political ». (shrink)

In this essay, I analyze Kant’s views on the permissibility of revolutions as a means of political change. I hold that in the same way the developments of the French Revolution were somehow contained in the ambiguity of the 1791 Constitution, Kant’s hesitations concerning the continuity of a juridical order reflect his own inability to clearly specify who the sovereign is. This difficulty might be due to the fact that Kant did not develop a sound theory of constituent power.

This article argues that values that apply to health care allocation entail the possibility of “spectrum arguments,” and that it is plausible that they often fail to determine a best alternative. In order to deal with this problem, a two-step process is suggested. First, we should identify the Strongly Uncovered Set that excludes all alternatives that are worse than some alternatives and not better in any relevant dimension from the set of eligible alternatives. Because the remaining set of alternatives often (...) contain more than one element, we need some complementary method of selecting a unique alternative. In order to address this issue, I suggest that we must invoke caps on the values that are used to evaluate alternatives, and that these caps must be grounded in collective commitments. (shrink)

Résumé Cet article aborde les questions soulevées par la circulation des textes des Lumières en Albanie à l’époque où le réalisme socialiste régnait en maître. Après un rappel du contexte politique, l’analyse porte sur les difficultés pour un traducteur de Rousseau de se montrer fidèle aux principes idéologiques d’un État dont l’ambition fut de construire un « homme nouveau ». Si la traduction n’échappe pas à ces impératifs, elle ne peut éviter non plus certains des éléments de la culture albanaise (...) traditionnelle héritée de siècles de domination ottomane. (shrink)