We not only own our bodies, we are our bodies. Can we simply alienate parts of them? Both a theology of stewardship and the principle of self‐ownership would seem to permit or even encourage us to do this.

This paper challenges the view, commonly held inbiolaw and bioethics, that there can be no proprietaryrights in our own bodies or body parts. Whether thestarting point is the post-intervention informedconsent regime of Article 22 of the Convention ofHuman Rights and Biomedicine or the traditional(exclusionary) understanding of private property it isargued that property in our own bodies or body partsis presupposed. Although these arguments do notdemonstrate that there is property of this kind (forthat, a full-scale justification of the institution ofprivate property (...) would be required), they suggestnevertheless that the commonly held view has animmanent property logic that has not yet been drawnout or appreciated. (shrink)

Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

Challenging and rewarding in equal measure, _Phenomenology of Perception_ is Merleau-Ponty's most famous work. Impressive in both scope and imagination, it uses the example of perception to return the body to the forefront of philosophy for the first time since Plato. Drawing on case studies such as brain-damaged patients from the First World War, Merleau-Ponty brilliantly shows how the body plays a crucial role not only in perception but in speech, sexuality and our relation to others.

Challenging and rewarding in equal measure, _Phenomenology of Perception_ is Merleau-Ponty's most famous work. Impressive in both scope and imagination, it uses the example of perception to return the _body_ to the forefront of philosophy for the first time since Plato. Drawing on case studies such as brain-damaged patients from the First World War, Merleau-Ponty brilliantly shows how the body plays a crucial role not only in perception but in speech, sexuality and our relation to others. Perhaps above all, Merleau-Ponty's (...) insights about the embodied mind are a bold and refreshing challenge to the new era of virtual reality and artificial intelligence, as scientists and psychologists discover the centrality of the body to mind and intelligence. (shrink)

According to the author of "After Virtue, " to flourish, humans need to develop virtues of independent thought and acknowledged social dependence. This book presents the moral philosopher's comparison of humans to other animals and his exploration of the impact of these virtues.

In this book, which remained unfinished at his death, Husserl attempts to forge a union between phenomenology and existentialism.

What makes this work so important is that it returned the body to the forefront of philosophy for the first time since Plato.

Challenging and rewarding in equal measure, _Phenomenology of Perception_ is Merleau-Ponty's most famous work. Impressive in both scope and imagination, it uses the example of perception to return the body to the forefront of philosophy for the first time since Plato. Drawing on case studies such as brain-damaged patients from the First World War, Merleau-Ponty brilliantly shows how the body plays a crucial role not only in perception but in speech, sexuality and our relation to others.

This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

Libertarians often invoke the principle of self-ownership to discredit distributive interventions authorized by the more-than-minimal state. But if one takes a democratic approach to the justification of ownership claims, including claims of ownership over oneself, the validity of the self-ownership principle is theoretically inseparable from the normative justification of the state. Since the idea of the state is essential to the very assertion (not just the positive enforcement) of the principle of self-ownership, invoking the principle to discredit a distribution of (...) ownership authorized by the state commits libertarians also to weakening that principle's validity. Put differently, appealing to the self-ownership principle to circumscribe the state's power to distribute property is problematic when the state is necessary to assert the validity of that principle. This is because anytime the self-ownership principle is used to undermine a state-based distribution of property it is also implicitly eroding the ground for asserting its own validity.1. (shrink)

The topic of personal identity has prompted some of the liveliest and most interesting debates in recent philosophy. In a fascinating new contribution to the discussion, Peter Unger presents a psychologically aimed, but physically based, account of our identity over time. While supporting the account, he explains why many influential contemporary philosophers have underrated the importance of physical continuity to our survival, casting a new light on the work of Lewis, Nagel, Nozick, Parfit, Perry, Shoemaker, and others. Deriving from his (...) discussion of our identity itself, Unger produces a novel but commonsensical theory of the relations between identity and some of our deepest concerns. In a conservative but flexible spirit, he explores the implications of his theory for questions of value and of the good life. (shrink)

Book reviewed in this article: The Meaning of Illness. By S. Kay Toombs.

In this paper, an attempt is made to develop an understanding of the essence of illness based on a reading of Martin Heidegger’s pivotal work Being and Time. The hypothesis put forward is that a phenomenology of illness can be carried out through highlighting the concept of otherness in relation to meaningfulness. Otherness is to be understood here as a foreignness that permeates the ill life when the lived body takes on alien qualities. A further specification of this kind of (...) otherness can be found with the concept of unhomelike being-in-the-world. Health, in contrast to this frustrating unhomelikeness, is a homelike being-in-the-world in which the lived body in most cases has a transparent quality as the point of access to the world in understanding activities. The paper then proposes that the temporal structure of illness can be conceptualised as an alienation of past and future, whereby one’s past and future appear alien, compared with what was the case before the onset of illness. The remainder of the paper follows two paths as regards the temporality of illness. The first path explores the temporality of the body in relation to the temporality of the being-in-the-world of the self. One way of understanding the alienating character of illness is that nature, as the temporality of our bodies, ceases to obey our attempts to make sense of phenomena: the time of the body no longer fits into the time of the self. The second path explored in the paper is that of narrativity. When we make sense of the present, in relation to our future and past, we do so in a special manner, namely, by structuring our experiences in the form of stories. Illness breaks in on us as a rift in these stories, necessitating a retelling of the past and a re-envisioning of the future in an effort to address and change their alienated character. These stories, however, never allow us to leave the silent otherness of our bodies behind. They are stories nurtured by the time of nature at the heart of our existence. It is then claimed that the idea of life’s being a story must be understood in a metaphorical sense, and an exploration of how phenomenology addresses the metaphoric quality of its conceptuality is ushered in. It is pointed out that metaphors can be systematically related to each other and that they always have a founding ground in the orientation and basic activities of the lived body. Therefore, if the concepts used in working out a phenomenological theory of health and illness are, to a certain extent, metaphorical, one could, nevertheless, claim that the metaphoric qualities of the phenomenological concepts are primary in referring back to the lived body and the way it inhabits the world. (shrink)

Despite stringent and fine tuned laws most jurisdictions are not able to curb organ trafficking. Nor are they able to provide organs to the needy. There are reports of the kidnapping and murder of children and adults to “harvest” their organs. Millions of people are suffering, not because the organs are not available but because “morality” does not allow them to have access to the organs. Arguments against organ sale are grounded in two broad considerations: sale is contrary to human (...) dignity, and sale violates equity. Both these objections are examined in this article and it is concluded that they reflect a state of moral paternalism rather than pragmatism. It is argued that a live human body constitutes a vital source of supply of organs and tissues and that the possibilities of its optimum utilisation should be explored. Commercialisation should be curbed not by depriving a needy person of his genuine requirements but by making the enforcement agencies efficient. (shrink)

Most philosophers writing about personal identity in recent years claim that what it takes for us to persist through time is a matter of psychology. In this groundbreaking new book, Eric Olson argues that such approaches face daunting problems, and he defends in their place a radically non-psychological account of personal identity. He defines human beings as biological organisms, and claims that no psychological relation is either sufficient or necessary for an organism to persist. Olson rejects several famous thought-experiments dealing (...) with personal identity. He argues, instead, that one could survive the destruction of all of one's psychological contents and capabilities as long as the human organism remains alive--as long as its vital functions, such as breathing, circulation, and metabolism, continue. (shrink)

Book reviewed in this article: The Man Who Mistook His Wife for a Hat and Other Clinical Tales. By Oliver Sacks.

In this book G. A. Cohen examines the libertarian principle of self-ownership, which says that each person belongs to himself and therefore owes no service or product to anyone else. This principle is used to defend capitalist inequality, which is said to reflect each person's freedom to do as as he wishes with himself. The author argues that self-ownership cannot deliver the freedom it promises to secure, thereby undermining the idea that lovers of freedom should embrace capitalism and the inequality (...) that comes with it. He goes on to show that the standard Marxist condemnation of exploitation implies an endorsement of self-ownership, since, in the Marxist conception, the employer steals from the worker what should belong to her, because she produced it. Thereby a deeply inegalitarian notion has penetrated what is in aspiration an egalitarian theory. Purging that notion from socialist thought, he argues, enables construction of a more consistent egalitarianism. (shrink)

The now-classic Metaphors We Live By changed our understanding of metaphor and its role in language and the mind. Metaphor, the authors explain, is a fundamental mechanism of mind, one that allows us to use what we know about our physical and social experience to provide understanding of countless other subjects. Because such metaphors structure our most basic understandings of our experience, they are "metaphors we live by"--metaphors that can shape our perceptions and actions without our ever noticing them. In (...) this updated edition of Lakoff and Johnson's influential book, the authors supply an afterword surveying how their theory of metaphor has developed within the cognitive sciences to become central to the contemporary understanding of how we think and how we express our thoughts in language. (shrink)

Proposals to compensate families for transplantable organs are gathering momentum. These proposals assume that the body is not integral to the self—that it can be treated like property. Most people believe otherwise.

Following an earlier paper in the journal in which Evans argued that it was commercial exploitation, not mere payment, that was morally objectionable about certain sorts of organ donation, this paper looks at the moral issues when commercial exploitation is eliminated from systems of paid organ donation. It argues that there are no conclusive moral arguments against such schemes for non-exploitative paid kidney donation.

: We argue that healthy people should be allowed to sell one of their kidneys while they are alive—that the current prohibition on payment for kidneys ought to be overturned. Our argument has three parts. First, we argue that the moral basis for the current policy on live kidney donations and on the sale of other kinds of tissue implies that we ought to legalize the sale of kidneys. Second, we address the objection that the sale of kidneys is intrinsically (...) wrong because it violates the Kantian duty of respect for humanity. Third, we address a range of consequentialist objections based on the idea that kidney sales will be exploitative. Throughout the paper, we argue only that it ought to be legal for an individual to receive payment for a kidney. We do not argue that it ought to be legal for an individual to buy a kidney. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind the (...) Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

New developments in biotechnology radically alter our relationship with our bodies. Body tissues can now be used for commercial purposes, while external objects, such as pacemakers, can become part of the body. Property in the Body: Feminist Perspectives transcends the everyday responses to such developments, suggesting that what we most fear is the feminisation of the body. We fear our bodies are becoming objects of property, turning us into things rather than persons. This book evaluates how well-grounded this fear is, (...) and suggests innovative models of regulating what has been called 'the new Gold Rush' in human tissue. This is an up-to-date and wide-ranging synthesis of market developments in body tissue, bringing together bioethics, feminist theory and lessons from countries that have resisted commercialisation of the body, in a theoretically sophisticated and practically significant approach. (shrink)

The Crisis of European Sciences and Transcendental Phenomenology, Husserl's last great work, is important both for its content and for the influence it has had on other philosophers. In this book, which remained unfinished at his death, Husserl attempts to forge a union between phenomenology and existentialism. Husserl provides not only a history of philosophy but a philosophy of history. As he says in Part I, "The genuine spiritual struggles of European humanity as such take the form of struggles between (...) the philosophies, that is, between the skeptical philosophies--or nonphilosophies, which retain the word but not the task--and the actual and still vital philosophies. But the vitality of the latter consists in the fact that they are struggling for their true and genuine meaning and thus for the meaning of a genuine humanity.". (shrink)

A very clear and powerfully argued defence of a most important and surprisingly neglected view."--Derek Parfit, All Souls College, Oxford. "If Dr. Olson is right, we are living animals and what goes on in our minds is wholly irrelevant to questions about our persistence through time....[Should] transform philosophical thinking about personal identity."--Peter van Inwagen, University of Notre Dame.

The most popular uniting theme in feminist peace literature grounds women's peace work in mothering. I argue if maternal arguments do not address the variety of relationships different races and classes of mothers have to institutional violence and/or the military, then the resulting peace politics can only draw incomplete conclusions about the relationships between maternal work/thinking and peace. To illustrate this I compare two models of mothering: Sara Ruddick's decription of "maternal practice" and Patricia Hill Collins's account of racial-ethnic women's (...) "motherwork.". (shrink)

'At last one of the most famous generalizing works in anthropology by the field's most stimulating and controversial contemporary figure has been translated, beautifully, and with the enlightening preface of the second French edition.

A revised translation of Heidegger's most important work.

Transplantation is a medically successful and cost-effective way to treat people whose organs have failed--but not enough organs are available to meet demand. T. M. Wilkinson explores the major ethical problems raised by policies for acquiring organs. Key topics include the rights of the dead, the role of the family, and the sale of organs.

What are we? What is the nature of the human person? Animalism has a straightforward answer to these long-standing philosophical questions: we are animals. After being ignored for a long time in philosophical discussions of our nature, this idea has recently gained considerable support in metaphysics and philosophy of mind. Containing mainly new papers as well as two highly important articles that were recently published elsewhere, this volume's contributors include both emerging voices in the debate and many of those who (...) have been instrumental in shaping it. Some of their contributions defend animalism, others criticize it, still others explore its more general implications. The book also contains a substantial introduction by the editors explaining what animalism is, identifying leading issues that merit attention, and highlighting many of the issues that the contributors have raised. (shrink)

Where society is viewed as an association of equal and autonomous persons, the work of caring for dependents, "love's labors", figure neither in political ...