Bioethics, Volume 36, Issue 4, Page 367-373, May 2022.

In this paper, we argue that providers who conscientiously refuse to provide legal and professionally accepted medical care are not always morally required to refer their patients to willing providers. Indeed, we will argue that refusing to refer is morally admirable in certain instances. In making the case, we show that belief in a sweeping moral duty to refer depends on an implicit assumption that the procedures sanctioned by legal and professional norms are ethically permissible. Focusing on examples of female (...) genital cutting, clitoridectomy and ‘normalizing’ surgery for children with intersex traits, we argue that this assumption is untenable and that providers are not morally required to refer when refusing to perform genuinely unethical procedures. The fact that acceptance of our thesis would force us to face the challenge of distinguishing between ethical and unethical medical practices is a virtue. This is the central task of medical ethics, and we must confront it rather than evade it. There are no data in this work. (shrink)

The discursive character of human rights prevents a precise summary of historical origin, rationale, or definition outside of the various codifications in religious texts, secular philosophies, founding national documents, and international treaties, charters, conventions, covenants, declarations, and protocols. Regarding the objects of human rights, we can speak of a “foundational five” 1) Personal security 2) Material subsistence 3) Elemental equality 4) Personal Freedom and 5) Recognition as a member of the human community. Despite, or perhaps because of its multivalence, the (...) concept of human rights has been criticized as “foundationalist,” “essentialist,” or “ethnocentric”—its universalism being used as a weapon against itself by critics of cultural imperialism. Even the tolerance discourses so popular in critical theory, however, gain their normative force from the same basic notion of individual or group rights. Notwithstanding these rhetorical abuses, the concept of human rights has proved robust as a doctrine of equality owing to its openness to a pluralism of justifications grounding the basic “goods” agreed as necessary for human development. (shrink)

The democratic surprises of 2016—Brexit and the Trump phenomenon—fueled by “fake news”, both real and imagined, have come to constitute a centrifugal, nationalistic, even tribal moment in politics. Running counter to the shared postwar narrative of increasing internationalism, these events reignited embers of cultural and moral relativism in academia and public discourse dormant since the culture wars of the 1990s and ‘60s. This counternarrative casts doubt on the value of belief in universal human rights, which many in the humanities and (...) social sciences argue have of late been used as instruments of postcolonial oppression. This book essay introduces three texts written before the dawn of the latest “post-truth” era—The Sociology of Human Rights by Mark Frezzo, The Political Sociology of Human Rights by Kate Nash, and Keeping Faith with Human Rights by Linda Hogan—that address moral skepticism of human rights. Along with these authors, the essay briefly treats human rights’ past and prospects, analogizing it to the waves of feminist thought: in international politics, developing nations first desired a seat at the table and repeal of discriminatory laws and practices; when one-nation-one-vote did not result in equal treatment, the persistence of hierarchy helped developing nations awaken to their own evolving national identities and they wished to be recognized as not only equal, but different and unique. The essay recapitulates and amplifies these authors’ argument that the contemporary challenge for all nations, their citizens, and for the human rights community is to deliberatively decide what values unite these identities beyond simple self-determination and extend them toward the goal of a just global whole. The essay also makes an original contribution in summarizing the initial post-war debate in the United Nations that birthed the 1948 Declaration of Human Rights, which has been subject to revisionism and perspectivism typical of cultural and moral relativism. It provides some social scientific, historical, and philosophic grounding for serious conversation of the ideas of truths in politics, and universal, transcultural goods and rights that underpin the authority of the international human rights regime in theory and practice. It does so while recognizing the serious epistemological challenges to this universalist conception, chiefly: how a social construct can be both time-bound human creation and continue to be morally binding across space, time, and the accelerated change global citizens of all corners are experiencing, simultaneously yet in their own way. (shrink)

Analyses of factual causation face perennial problems, including preemption, overdetermination, and omissions. Arguably, the thorniest, are cases of omissive overdetermination, involving two independent omissions, each sufficient for the harm, and neither, independently, making a difference. A famous example is Saunders, where pedestrian was hit by a driver of a rental car who never pressed on the (unbeknownst to the driver) defective (and, negligently, never inspected) brakes. Causal intuitions in such cases are messy, reflected in disagreement about which omission mattered. What (...) these analyses mistakenly take for granted, is that at issue is the 'efficacy' of each omission. I argue, on the contrary, the puzzle of omissive overdetermination favors taking the act/omission distinction seriously. Factual causation, properly understood precludes omissions (i.e. omissions are not causal). Of course, the law also attaches liability to omissions, but this works differently from liability for real causes (e.g. omissions have a duty requirement, they also respond differentially to difference-making considerations). The manner in which liability attaches for omissions differs from that of straightforward causal liability, and is entirely dependent on the underlying causal structure. Attention to that structure (e.g. that the driver's hitting the pedestrian with his car is what actually caused the injury) sheds light on which omissions matter (e.g. driver's failure to press on the brakes) and why (because that failure removes a defense the driver would have to liability for the accident he caused). Other cases, where the parties' connection is entirely omissive (e.g. two physicians fail to detect independently lethal conditions), come out differently (tracking moralized elements). The analysis offered makes better sense of both why omissive determination cases are puzzling and how to resolve them. (shrink)

This chapter explores a philosophical hypothesis about the nature of (some) probabilities encountered in social sciences. It should be of interest to those with philosophical concerns about the foundations of probability, and to social scientists and philosophers of science who are somewhat puzzled by the nature of probability in social domains. As will become clear below, the chapter is not intended as a contribution to an empirical methodology such as a particular way of applying statistics.

We are living at the dawn of the first truly scientific picture of the universe-as-a-whole, yet people are still dragging along prescientific ideas about God that cannot be true and are even meaningless in the universe we now know we live in. This makes it impossible to have a coherent big picture of the modern world that includes God. But we don't have to accept an impossible God or else no God. We can have a real God if we redefine (...) God in light of knowledge no one ever had before. The key question is, “Could anything actually exist in the scientific universe that is worthy of the name, God?” My answer is yes: God is an “emergent phenomenon,” as real as the global economy or the government or the worldwide web, which are all emergent phenomena. But God arose from something deeper: the complex interactions of all humanity's aspirations. An emerging God has enormous implications. (shrink)

We examine the influence of word choices on mathematical practice, i.e. in developing definitions, theorems, and proofs. As a case study, we consider Euclid’s and Euler’s word choices in their influential developments of geometry and, in particular, their use of the term ‘polyhedron’. Then, jumping to the twentieth century, we look at word choices surrounding the use of the term ‘polyhedron’ in the work of Coxeter and of Grünbaum. We also consider a recent and explicit conflict of approach between Grünbaum (...) and Shephard on the one hand and that of Hilton and Pedersen on the other, elucidating that the conflict was engendered by disagreement over the proper conceptualization, and so also the appropriate word choices, in the study of polyhedra. (shrink)

In Mary Shelley’s Frankenstein the brilliant scientist Viktor Frankenstein constructs and animates a gigantic and superhumanly powerful man. But upon animation, Frankenstein discovers he neglected beauty, and beholding his hideous creation flees in horror without even naming the man. Abandoned and alone the monster leaves society, yet secretly observing humanity learns language and philosophy and eventually discovers humanity’s self-understanding and his own self-understanding to be grounded in beauty rather than reason.

In a recent article in this journal, Abram Brummett argues that new and future assisted reproductive technologies will provide challenging ethical questions relating to lesbian, gay, bisexual and transgender (LGBT) persons. Brummett notes that it is likely that some clinicians may wish to conscientiously object to offering assisted reproductive technologies to LGBT couples on moral or religious grounds, and argues that such appeals to conscience should be constrained. We argue that Brummett's case is unsuccessful because he: (...) does not adequately interact with his opponents’ views; equivocates on the meaning of ‘natural’; fails to show that the practice he opposes is eugenic in any non‐trivial sense; and fails to justify and explicate the relevance of the naturalism he proposes. We do not argue that conscience protections should exist for those objecting to providing LGBT people with artificial reproductive technologies, but only show that Brummett's arguments are insufficient to prove that they should not. (shrink)

Recently, Brummett and Crutchfield advanced two critiques of theists who object to moral enhancement. First, a conceptual critique: theists who oppose moral enhancement commonly do so because virtue is thought to be acquired only via a special kind of process. Enhancement does not involve such processes. Hence, enhancement cannot produce virtue. Yet theists also commonly claim that God is perfectly virtuous and not subject to processes. If virtue requires a process and God is perfectly virtuous without a process, however, (...) then theists contradict themselves. Second, a moral critique: theists who reject moral enhancement are selfish, since accepting moral enhancement would (allegedly) reduce widespread suffering. Theists often condemn selfishness, however. By condemning selfishness and (simultaneously) rejecting enhancement, therefore, theists contradict themselves yet again. We argue that both critiques fail. Both substantially misrepresent their target. First, Brummett and Crutchfield confuse metaphysical enhancement (attempts to alter human nature) with moral enhancement (attempts to become better human beings). Authors that Brummett and Crutchfield cite object to the former, not the latter. Second, both conceptual and moral critiques overlook the many resources within theistic traditions that can quickly resolve relevant (alleged) contradictions. The conceptual critique, for example, misrepresents both common views held among theists (regarding God’s virtue) and the ways in which virtue may be acquired. Similarly, the moral critique mischaracterizes the relationship commonly posited by theists between enhancement and agency. By attending to what theists actually claim—rather than relying on caricatures—it becomes clear that each of Brummett and Crutchfield’s critiques fail. (shrink)

Recently, Brummett and Crutchfield advanced two critiques of theists who object to moral enhancement. First, a conceptual critique: theists who oppose moral enhancement commonly do so because virtue is thought to be acquired only via a special kind of process. Enhancement does not involve such processes. Hence, enhancement cannot produce virtue. Yet theists also commonly claim that God is perfectly virtuous and not subject to processes. If virtue requires a process and God is perfectly virtuous without a process, however, (...) then theists contradict themselves. Second, a moral critique: theists who reject moral enhancement are selfish, because accepting moral enhancement would (allegedly) reduce widespread suffering. Theists often condemn selfishness, however. By condemning selfishness and (simultaneously) rejecting enhancement, therefore, theists contradict themselves yet again. We argue that both critiques fail. Both substantially misrepresent their target. First, Brummett and Crutchfield confuse metaphysical enhancement (attempts to alter human nature) with moral enhancement (attempts to become better human beings). Authors that Brummett and Crutchfield cite object to the former, not the latter. Second, both conceptual and moral critiques overlook the many resources within theistic traditions that can quickly resolve relevant (alleged) contradictions. The conceptual critique, for example, misrepresents both common views held among theists (regarding God's virtue) and the ways in which virtue may be acquired. Similarly, the moral critique mischaracterizes the relationship commonly posited by theists between enhancement and agency. By attending to what theists actually claim—rather than relying on caricatures—it becomes clear that each of Brummett and Crutchfield's critiques fail. (shrink)

In this review essay, I review in detail Abram de Swann's fine new book, The Killing Compartments. The book is a theoretical analysis of the varieties and causes of genocides and other mass asymmetrical killing campaigns. I then suggest several criticisms of his analysis.

Brummett and Salter propose a useful and timely taxonomy of clinical ethics expertise (2019). As the field becomes further “professionalized” this taxonomy is important, and the core of it is right. It needs some refinement around the edges, however. In their conclusion, Brummett and Salter rightly point out that there is a significant difference between the ethicist whose recommendations are procedure- and process-heavy, consensus-driven, and dialogical and the authoritarian ethicist whose recommendations flow from “private moral views” (Brummett (...) and Salter, 2019). This admission doesn’t go far enough. Brummett and Salter’s taxonomy fails to capture the notion that offering recommendations whose normative force is moral is different in kind from recommendations whose normative force is non-moral, such as those recommendations that are free of moral content or justified by convention. The difference is in kind, not scale. I argue further that clinical ethics expertise, if possible, consists at least in offering recommendations whose normative force is moral. These two claims imply that the taxonomy fails to cut clinical ethics expertise at the joints: the ethicist who offers justified non-moral normative recommendations is a different kind of ethicist from the one who offers justified moral normative recommendations, yet both are categorized as clinical ethics experts. I finish by offering a refinement of the taxonomy that more precisely categorizes clinical ethicists. (shrink)

In this essay, I critically examine the ways in which the characters of Alias attempt to balance their impartial moral obligations (e.g. duties toward humanity) and their personal obligations (e.g. duties toward one's children). I specifically examine three areas of conflict: (1) choices between saving loved ones and maximizing consequences, (2) choices to maintain or sever relationships with characters who are vicious or immoral, and (3) choices to seek or not seek revenge on the behalf of loved ones. I conclude (...) that Sydney's and Jack's moral choices show that one can and should privilege loved ones to some extent, but that this privilege has limits. (shrink)

Given that one-million species are currently threatened with extinction and that humans are undermining the entire natural infrastructure on which our modern world depends (IPBES, 2019), this dissertation will show that there is a need to provide an alternative approach to wildlife conservation, one that avoids anthropocentrism and wildlife valuation on an instrumental basis to provide meaningful and tangible success for both wildlife conservation and human well-being in an inclusive way. In this sense, The Value of Being Wild will showcase (...) the concept of eco-phenomenology as an important non-anthropocentric alternative to the current approach to wildlife conservation, namely sustainable development. The problem with this dominant paradigm, as Chapter Two will reveal, is that sustainable development has not only failed to provide humans and future generations of humans with their own needs but, as per the latest IPBES report, failed in arresting the freefall decline of wild species. The situation currently requires a radical overhaul of the current system. As emerged from the later work of French phenomenologist, Maurice Merleau-Ponty (1908-1961), eco-phenomenology is particularly well-suited as a practical alternative to sustainable development. The core reason is that eco-phenomenology moves away from a human-centred framework toward a far more inclusive approach that embraces the conservation of wild animals as well the wild environment they dwell in, beyond any human needs (although humans are embraced within the approach too). Merleau-Ponty helps us to move away from anthropocentrism to a more inclusive approach in conserving wildlife, since his phenomenology does not consider the human animal’s relationship in the world as exclusive (to use and exploit wild animals solely for their benefit), but inclusive (as an interconnected biological component in a broad ecological system). The strength of Merleau-Ponty’s concept of phenomenology is that it facilitates an understanding of all living and even non-living entities, such as air, water and soil, as interconnected and interrelated within a broad biosphere. While Merleau-Ponty did not address the concept of wild animals or the biosphere directly, his later work points to the fact that human animals cannot exist outside a world that provides life-giving force to all living beings. Phenomenology, as developed by Merleau-Ponty, is a concept that recognises the axiological qualities of the natural world are inherent and ineliminable from the discipline of traditional phenomenology, hence the term ‘eco-phenomenology’, developed in one reception of his thinking. Eco-phenomenology offers a return to a world that humans have tried hard to alienate themselves from, in that it approaches the natural environment and wild animals, not as a complex set of objects and objective processes, but rather as they are experienced and lived from within by the attentive animal who is entirely a part of the world that he or she experiences. Merleau-Pontian eco-phenomenology thus emphasises a holistic dialogue within a more-than-human world (Abram, 1996: 65). Eco-phenomenology is a concept that points toward an applied strategy but so far this has not been attempted in earnest. This is specifically true when it comes to wildlife conservation. The Value of Being Wild, therefore, sets out to employ the concept of eco-phenomenology in order to provide a new practical wildlife conservation approach that challenges, and potentially replaces, the current prevailing policies as employed by global governmental and inter-governmental agencies. In particular, this alternative frame is posed as a replacement for the failing anthropocentric conservation practices currently in place in South Africa. This dissertation will therefore conclude by exploring strategies where conservation of wildlife is not taken as instrumentally-valued, or even intrinsically-valued, but rather as wild-valued in that the existence of wild animals as wild is conserved within a broader, more inclusive overall ecology that supports the survival and flourishing of all living beings that include plants, wild animals and human beings. (shrink)

To this day, a hundred and fifty years after Mendeleev's discovery, the overal structure of the periodic system remains unaccounted for in quantum-mechanical terms. Given this dire situation, a handful of scientists in the 1970s embarked on a quest for the symmetries that lie hidden in the periodic table. Their goal was to explain the table's structure in group-theoretical terms. We argue that this symmetry program required an important paradigm shift in the understanding of the nature of chemical elements. The (...) idea, in essence, consisted of treating the chemical elements, not as particles, but as states of a superparticle. We show that the inspiration for this came from elementary particle physics, and in particular from Heisenberg's suggestion to treat the proton and neutron as different states of the nucleon. We provide a careful study of Heisenberg's last paper on the nature of elementary particles, and explain why the Democritean picture of matter no longer applied in modern physics and a Platonic symmetry-based picture was called for instead. We show how Heisenberg's Platonic philosophy came to dominate the field of elementary particle physics, and how it found its culmination point in Gell-Mann's classification of the hadrons in the eightfold way. We argue that it was the success of Heisenberg's approach in elementary particle physics that sparked the group-theoretical approach to the periodic table. We explain how it was applied to the set of chemical elements via a critical examination of the work of the Russian mathematician Abram Ilyich Fet the Turkish-American physicist Asim Orhan Barut, before giving some final reflections. (shrink)

In this essay, I review two earlier anti-Semitic propaganda films of 1939, to wit, Robert and Bertram, and Linen from Ireland. I begin by rehearsing some of Abram de Swann’s analysis of genocide and then discuss in greater detail a classic sociological analysis written during WWII by Hans Speier. Speier distinguished three broad kinds of war of increasing ferocity: instrumental war, agonistic war, and absolute war. While the first two sorts of war are relatively constrained, in absolute war the (...) in-group regards the out-group as inherently evil, and consequently the goal of such a war is to exterminate the out-group, with no limitation on methods. I suggest in the piece that the focus of these films is precisely to get the audience to view Jews as three different things: different (not Germans as “Aryans” are supposed to be); disgusting (loathsome, somehow degenerate); and dangerous (a threat to Aryan Germans by their very nature). I cover both films, pointing to the scenes that are crafted to engender in the audience exactly these feelings. To help explain how the various scenes manipulate the audience to push the regime’s Anti-Semitic narrative, I use Robert Cialdini’s theory of the use of psychological mechanisms in marketing. (shrink)

RESUMO: O presente texto põe algumas questões referentes à “história” dos fundamentos da Psicologia entre os séculos XIX e XX, mostrando como ocorrem ainda, em História da Psicologia, certos fatores controversos, muitos deles tributários de postulados filosóficos do século XIX, especialmente em torno do positivismo. O artigo concentra-se em mostrar, preliminarmente, de que forma a ruptura da Filosofia Natural e a ascensão da figura do “cientista” no século XIX ensejaram novos motivos de análise, dentre eles certo cientificismo que se impôs (...) inclusive como chave de interpretação histórica. Após uma exposição inicial do problema – chamando a atenção também às consequências institucionais, da formação à profissão –, o artigo faz três breves estudos de caso – em torno de Fechner, Helmholtz e Wundt – e termina por defender perspectivas que abram a História da Psicologia a histórias mais alargadas, tais como a História da Filosofia e as Histórias das Ciências._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ABSTRACT: The present work poses several questions concerning the history of Psychological’s foundations between 19th and 20th centuries, showing how there are still today certain controversial factors derived from 19th century philosophical postulates acting on the ways of describing psychology’s history, notably around positivism. The article concentrates in showing, in a preliminary way, how the rupture of Natural Philosophy of 18th century and the rise of the figure of the scientist in the 19th century gave rise to new analytical patterns, as well as a certain Scientism that tried to impose itself as the keystone to historical interpretation. The work begins with an initial exposition of the problem – calling into attention the institutional consequences as well, from the psychological common sense to professional issues -, and then analyzes three case studies - Gustav Fechner, Hermann von Helmholtz and Wilhelm Wundt – ending with the defense of perspectives that open the History of Psychology into another historical procedures, such as History of Philosophy and History of Sciences. (shrink)

This article looks at “faith-in” and what Jonathan Kvanvig calls the “belittler objection” by comparing Hegel’s and Kierkegaard’s interpretations of Abram (later known as Abraham). I first argue that Hegel’s treatment of Abram in Spirit of Christianity and its Fate is an objection to faith-in. Building on this with additional Hegelian texts, I argue that Hegel’s objection employs his social command account of morality. I then turn to Johannes de Silentio’s treatments of Abraham in Fear and Trembling and (...) Søren Kierkegaard’s Works of Love to argue that Kierkegaard defends faith-in as part of a moderate divine command account of moral knowledge. Finally, this article suggests that the belittler objection is ultimately an objection to faith-in as a divine command source of moral knowledge or obligation rather than social command. (shrink)

On ground shared by environmental hermeneutics, critical social theory, and environmentally minded feminism, this article attempts to conciliate between the nearly antithetical ethical viewpoints of environmental philosophers David Abram and Steven Vogel. It will demonstrate first that Abram’s linguistic arguments for extending ethical considerability to nonhuman nature succumb to two of Vogel’s debilitating critiques, which it labels the social constructivist critique and the discourse ethics critique, and secondly that Abram fails to guard against the problem of human-human (...) oppression. The article also points out, on the other hand, that while Vogel evades the problem of human-human oppression, his view fails to protect against the problem of dangerous anthropocentrism. Operating within the boundaries that Vogel establishes, it will seek to avoid the pitfalls of Abram’s view, to address the underlying ideology that leads to both types of oppression, and to eliminate the problem of dangerous anthropocentrism. To do so it draws upon the arguments of Trish Glazebrook, contending that Abram’s appeals to the “speech” of nature can be more effectively conceptualized as erotic appeals, and that engaging in this call-and-response eros promotes the development of virtues that undermine our current ideology and extend to both the human and the nonhuman. (shrink)

Inspired by Charles Taylor’s locating of Herder and Rousseau’s “expressivism” in Marx’s understanding of the human as artist, I begin this essay by examining expressivism in Taylor, followed by its counterpart in M. H. Abrams’s work, namely the wind as metaphor in British Romantic poetry. I then further explore this expressivism/wind connection in Percy Bysshe Shelley’s “Ode to the West Wind” and Marx’s The German Ideology. Ultimately I conclude that these expressive winds lead to poetic gesture per se, and thereby, (...) to a kind of poetry at the heart of Marx’s philosophy. (shrink)

Celem artykułu jest przedstawienie przykładowych trudności, jakie mogą się wiązać z tłumaczeniem tekstu popularnonaukowego o tematyce historycznej oraz podanie powodów, dla których tego rodzaju tekst może zasługiwać na uwagę polskich czytelników. Zakładam, że samo tłumaczenie może pełnić funkcję edukacyjną jako przykładowy tekst wykorzystywany w szkoleniu z doskonalenia warsztatu z zakresu przekładu osób przygotowujących się do pracy w zawodzie tłumacza pisemnego. Sam zaś tekst udostępniony polskiemu czytelnikowi może stanowić źródło informacji z zakresu historii społecznej, a dokładnie badań nad historią kobiet w (...) epoce wiktoriańskiej. Autorką tekstu o ideałach kobiecości w wiktoriańskiej Brytanii jest Lynn Abrams. Artykuł historyczki wykładającej obecnie na Uniwersytecie w Glasgow ukazał się w 2001 roku na stronie internetowej BBC poświęconej popularyzowaniu wiedzy o historii Wielkiej Brytanii. Zamierzam rozpowszechnić ten tekst jako źródło wiedzy o społecznych, kulturowych i politycznych warunkach życia kobiet w epoce wiktoriańskiej w czasopiśmie popularnonaukowym zajmującym się tematyką historii społecznej lub historii gender. (shrink)