Norman Daniels’s theory of health justice is the most comprehensive and systematic such theory we have. In one of the few articles published so far on Daniels’s new book, Just Health, Benjamin Sachs argues that Daniels’s core “principle of equality of opportunity does not do the work Daniels needs it to do.” Yet Sachs’s objections to Daniels’s framework are deeply flawed. Where these arguments do not rely on significant misreadings of Daniels, they ignore sensible strands in Just Health that (...) considerably dull their force. After disarming Sachs’s arguments against Daniels’s theory, I explain why I agree with Sachs’s conclusion: Daniels’s equality of opportunity-based account of health justice rests on shaky foundations. (shrink)

Attention has a long history in philosophy, despite its near absence in the twentieth century. This chapter provides an overview of philosophical research on attention. It begins by explaining the concept of "selection from limitation," contrasting it with the more recent "selection for action." It reviews historical texts that discuss attention, focusing on those in the Western canon whose understanding of "attention" aligns with contemporary usage. It then describes the differential treatment of attention in phenomenology and behaviorism in the last (...) century. Finally, it discusses contemporary research by topic: attention, perception, and knowledge; attention and consciousness; attention and action; and attention and the self. It includes work by Allport,Aristotle, Astell, Augustine, Bergson, Berkeley, Block, Bradley, Buddhaghosa, Campbell, Cherry, De Brigard, Dehaene and Naccache, Descartes, Dickie, Du Bois, Ganeri, Hegel, Heidegger, James, Kant, Koch and Tsuchiya, LaBerge, Locke, Mack and Rock, Malebranche, Merleau-Ponty, Mole, Montemayor and Haladjian, Neumann, Pashler, Posner, Prinz, Reid, Rensink, Reynolds and Heeger, Treisman, Watzl, Wittgenstein, Wollstonecraft, and Wu. (shrink)

Doctoral graduates in philosophy are an excellent source of information about the discipline: they are at the cutting edge of research trends, have an inside view of researchfocused departments, and their employment prospects provide early insights on the future health of the discipline. We report on the results of a survey sent to recent PhD graduates and current students, as well as data gathering efforts by Academic Placement Data and Analysis that have taken place over the past ten years. In (...) this report we especially focus on demographic representation, program ratings, academic job placement, and non-academic careers. (shrink)

In 2018 Academic Placement Data and Analysis ran a survey of doctoral students and recent graduates on the topics of diversity and inclusivity in collaboration with the Graduate Student Council and Data Task Force of the American Philosophical Association. We submitted a preliminary report in Fall 2018 that describes the origins and procedure of the survey [1]. This is our final report on the survey. We first discuss the demographic profile of our survey participants and compare it to the United (...) States general population, its doctoral students, and APA membership, finding several areas of underrepresentation (i.e. gender, race/ethnicity, socioeconomic, and veteran status). We then discuss the results of questions regarding diversity and inclusivity. We find, for instance, that participant comfort in philosophy depends on gender, sexuality, race/ethnicity, disability, and language status and that participants most often mentioned the theme of diversity when asked how philosophy could be more inclusive. Finally, we discuss the results of questions related to graduate program and placement. We find, for example, that underrepresented graduates are both less likely to recommend their graduate program to others and less likely to prefer an academic job. We close by making some recommendations for the APA and for the discipline based on our findings. (shrink)

This paper addresses the likely impact on women of being denied emergency contraception (EC) by pharmacists who conscientiously refuse to provide it. A common view—defended by Elizabeth Fenton and Loren Lomasky, among others—is that these refusals inconvenience rather than harm women so long as the women can easily get EC somewhere else nearby. I argue from a feminist perspective that the refusals harm women even when they can easily get EC somewhere else nearby.

This paper comes out of a panel honoring the work of Anne Donchin (1940-2014), which took place at the 2016 Congress of the International Network on Feminist Approaches to Bioethics (FAB) in Edinburgh. My general aim is to highlight the contributions Anne made to feminist bioethics, and to feminist reproductive ethics in particular. My more specific aim, however, is to have a kind of conversation with Anne, through her work, about whether reproductive justice could demand insurance coverage for in vitro (...) fertilization. I quote liberally from Anne’s work for this purpose, but also to shower the reader with her words, reminding those of us who knew her well what a wonderful colleague she was. (shrink)

Wayne Wu argues that attention is necessary for action: since action requires a solution to the ‘Many–Many Problem’, and since only attention can solve the Many–Many Problem, attention is necessary for action. We question the first of these two steps and argue that it is based on an oversimplified distinction between actions and reflexes. We argue for a more complex typology of behaviours where one important category is action that does not require a solution to the Many–Many Problem, and so (...) does not require attention. (shrink)

The process of adopting a child is “not for the faint of heart.” This is what we were told the first time we, as a couple, began this process. Part of the challenge lies in fulfilling the licensing requirements for adoption, which, beyond the usual home study, can include mandatory participation in parenting classes. The question naturally arises for many people who are subjected to these requirements whether they are morally justified. We tackle this question in this paper. In our (...) view, while strong reasons exist in favour of licensing adoptive parents, these reasons support the licensing not only of adoptive parents, but of all or some subset of so-called “natural” parents as well. We therefore conclude that the status quo with respect to parental licensing, according to which only adoptive parents need to be licensed, is morally unjustified. (shrink)

Currently, the preferred accommodation for conscientious objection to abortion in medicine is to allow the objector to refuse to accede to the patient’s request so long as the objector refers the patient to a physician who performs abortions. The referral part of this arrangement is controversial, however. Pro-life advocates claim that referrals make objectors complicit in the performance of acts that they, the objectors, find morally offensive. I argue that the referral requirement is justifiable, although not in the way that (...) people usually assume that it is. (shrink)

In Explaining Attitudes, Baker argues that we should treat our everyday practices as relevant to metaphysical debates, resulting in a stance of realism with respect to intentional explanations. In this chapter I will argue that if one is going to be a practical realist about anything, it should be the self, or subject of attention. I will use research on attention combined with the stance of practical realism to argue in favor of a substantive self. That is, I will present (...) an account of the self that directs and controls attention, in line with our everyday view of the self. I will contrast this account with what I call the “illusion view,” which presents the self and its apparent causal power in the case of attention as an illusion. My account of the self will make use of several of Baker's ideas, including non-reductive materialism and broad supervenience. (shrink)

This chapter presents Gadamer’s conception of language and of its role in the process of understanding. The chapter begins by explaining what Gadamer means when he says that language is characterized by an essential “self-forgetfulness” [Selbstvergessenheit] and how this relates to his account of the fore-structure of the understanding. Next, it explains what it means to conceive of a linguistic presentation (e.g., a poem or a lecture) as a hermeneutic event and how this conceptualization is essential to Gadamer’s account of (...) understanding and of the dialectical unity between language and being. The chapter ends by considering how Gadamer’s analysis of conversation further clarifies what it means to be open to the event of language. (shrink)

There are two attitudes regarding the historical situation of understanding commonly held today. On the one hand, we believe that we only achieve a real, worthwhile understanding of a topic when our thinking manages to break free from the dogmas of the past. We believe that this transcendence of the historical situation of thought is both possible and desirable. We applaud those whose thought appears to us to proceed unhinged by traditional dogmas, whether those dogmas be old habits of scientific (...) thought or traditional ideas about social life. We celebrate as epistemic heroes those who discover their own way of thinking. On the other hand, many are quick to accept as a general rule that one’s understanding is inevitably bound to one’s particular historical and cultural situation. Nobody understands things in a historical vacuum. Accordingly, we believe that there is no transcending the historicity of the understanding and thus no epistemic heroes to applaud. This chapter examines Gadamer's argument in “The Elevation of the Historicity of Understanding" (a central section in "Truth and Method") as a critique of both of these alternatives -- alternatives that can be traced back to the historical epochs of the Enlightenment and Romanticism. I argue that, for Gadamer, both of these historical models of understanding misconstrue the way that understanding is grounded in historical consciousness. (shrink)

In 1929 when Aurel Kolnai published his essay “On Disgust” in Husserl's ]ahrbuch he could truly assert that disgust was a "sorely neglected" topic. Now, however, this situation is changing as philosophers, psychologists, and historians of culture are turning their attention not only to emotions in general but more specifically to the large and disturbing set of aversive emotions, including disgust. We here provide an account of Kolnai’s contribution to the study of the phenomenon of disgust, of his general theory (...) of emotions and of the phenomenological methodology he employed in his work. (shrink)

This book examines the central role that language plays in understanding and human flourishing. The book begins by exploring Heidegger's idea that language is an essential element of how we dwell in the world and is, for the most part, ready-to-hand for us. With Gadamer, I then begin to explore phenomena where language is not ready-to-hand but calls for interpretation. The latter half of the book explores distinct ways in which language can become unready-to-hand for individuals (e.g., in cases of (...) trauma, depression, and social subordination) and examines the way that such situations have been analyzed by twentieth-century Continental thinkers (e.g., Blanchot, Kristeva, Derrida). (shrink)

Some of the oldest and deepest questions in philosophy fall under the umbrella of consciousness and mind: What is the mind and how is it related to the body? What provides our thoughts with content? How is consciousness related to the natural world? Do we have distinctive causal powers? Analytic philosophers have made significant progress on these and related problems in the last century. Given the high volume of work on such topics, this chapter is necessarily selective. It offers major (...) touchstones but is slanted in favor of work that touches base with the sciences. The chapter starts by describing the progression of thought on the mind-body problem, from dualism and behaviorism to non-reductive materialism. It then describes the problem of intentionality, with a focus on partial solutions from Dretske and Millikan, ending with a brief discussion of 4E theories of mental content. The section on the problem of consciousness starts with the well-known knowledge and modal arguments before describing some attempted initial solutions, such as eliminative materialism and panpsychism. Finally, there is a brief section on agency and free will, which focuses on the link between free will and consciousness. (shrink)

This article examines the meaningful intervention that Gert-Jan Van der Heiden’s recent book, The Voice of Misery: A Continental Philosophy of Testimony, makes in the developing field of the philosophy of testimony. I argue that this intervention is accomplished through a phenomenological investigation into the nature of the testimonial object and of the demand that it makes upon one who bears witness. In taking such an approach, I argue, Van der Heiden initiates an ontological turn in the field of testimonial (...) theory, shifting the conversation away from a debate about the conditions in which belief in testimony is justified – a debate that has in many ways defined the field for philosophers in the Anglo-American tradition. I suggest that Van der Heiden’s account is helpful in demonstrating that, in many cases, doing justice to a testimonial object requires an epistemic-ethical attitude other than belief. The article concludes by developing a few questions for Van der Heiden based on my interpretation of his project, including to what extent his phenomenology of testimony can account for how often our receptivity to testimony depends on the default trust that we have in others by virtue of our fundamental immersion in social life. (shrink)

Academic Placement Data and Analysis (APDA), a project funded by the American Philosophical Association (APA) and headed by Carolyn Dicey Jennings (UC Merced), aims “to make information on academic job placement useful to prospective graduate students in philosophy.” The project has just been updated to include new data, which Professor Jennings describes in a post at New APPS. She also announces a new interactive data tool with which one can sift through and sort information. (from Daily Nous).

Volume 11, Issue 1, March 2019, Page 7-18.

In his The Meaning of Disgust, Colin McGinn employs elements of the phenomenological theory of disgust advanced by Aurel Kolnai in 1929. Kolnai’s treatment of what he calls “material” disgust and of its primary elicitors—putrefying organic matter, bodily wastes and secretions, sticky contaminants, vermin—anticipates more recent scientific treatments of this emotion as a mode of protective recoil. While Nina Strohminger charges McGinn with neglecting such scientific studies, we here attempt to show how Kolnai goes beyond experimental findings in his careful (...) description of the phenomenological differences between disgust and other emotions of forceful disapproval. (shrink)

This chapter presents a conception of understanding where understanding emerges out of the joint experience of conversation. On this conception, understanding requires more than the pre-reflective acquisition of shared social meanings – a conception of understanding historically highlighted by existential phenomenologists. Beyond this, it requires what occurs in genuine conversation, namely, that one put one’s pre-reflective social meanings at risk in the process of critical self-reflection. Drawing from the hermeneutic phenomenology of Hans-Georg Gadamer, I argue that conversation is that joint (...) experience that gives rise to such critical self-reflection and that it is conversation’s play-structure in particular that makes it a source of understanding in this sense. (shrink)

Language is often conceived of today as providing a person with a worldview and a set of communicative norms that one accepts unambiguously. However, in his 1992 lecture, “Monolingualism of the Other,” Jacques Derrida insists that his mother tongue is for him “not a natural element, not the transparency of the ether, but an absolute habitat.” In other words, while French is an intimate part of his existence, his relationship to it is nevertheless ambiguous. Derrida claims that his situation is (...) not exceptional though, since for no person is language simply a “natural element.” In this essay, I examine first the phenomenological basis for this controversial claim, drawing from Derrida’s lecture as well as earlier explorations by Martin Heidegger to elucidate the point. Later I turn to address the ethical-political dimensions of Derrida’s claim, explaining how it serves to protest against a problematic process of consolidating power. (shrink)

It is beyond doubt that the legal system established by the Nazi government in Germany between 1933-1945 represented a gross departure from the rule of law: the Nazis eradicated legal security and certainty; allowed for judicial and state arbitrariness; blocked epistemic access to what the law requires; issued unpredictable legal requirements; and so on. This introduction outlines the distorted nature of the Nazi legal system and looks at the main factors that contributed to this grave divergence.

In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...) of criminal law ought not to contain legislation of this sort. This conclusion is often based on how the abro- gation relates to the normative claim that the law ought to be predictable. In particular, it has been argued that since the law ought to be predictable, and since this type of analogy legis- lation implied, caused or contributed to the diminution of the law’s predictability, this type of legislation ought to be prohibited. In this paper, we argue that this argument is not entirely correct. While we believe that the law ought to be predictable and that there is evidence for the claim that the Nazis’ intro- duction of analogical reasoning implied, caused, or contributed to a diminution of predictability, this fact is logically too weak to ground the conclusion that necessarily a penal system ought not to contain legislation of this kind. Despite the undeniable wickedness of the Nazi penal system, this type of analogical reasoning can be made consistent with the pre- dictability of the law. We argue that consistency of this sort depends on whether the use of analogy is supplemented by certain contextual background conditions. The occurrence of these conditions blocks an inference from the fact that the law ought to be predictable to the conclusion that a penal system ought not to allow for this type of analogical reasoning. (shrink)

Whether Albert Camus’s “existentialist” thought expresses an “ethics” is a subject of disagreement among commentators. Yet, there can be no reading of Camus’s philosophical and literary works without recognizing that he was engaged in the post-WW2 period with two basic questions: How must we think? What must we do? If his thought presents us with an ethics, even if not systematic, it seems to be present in his ideas of “remaking” both man and world that are central to his The (...) Myth of Sisyphus and The Rebel. Curiously, however, this apparent recommendation is ambiguous for the fact that while Camus proposes as much he does so “comme si,” i.e., form a perspective of “as if.” A clarification of this qualification is presented here in the light of the fact that Camus rejects any nihilist project that countenances either suicide or murder. Thereby one may argue that Camus indeed has an ethics that remains pertinent to today. (shrink)

Philosopher Martin Heidegger’s writing on the essence of technology has often been seen as too abstract even though he illustrated his concerns with reference to technological developments of his day. While most in the immediate post-World War 2 period judged thermonuclear weaponry to be the most obvious technological threat to the future of humanity, Heidegger instead considered developments in the biological sciences to be more so. In the discussion presented here, Heidegger’s thinking is related to developments in biotechnology, specifically assisted (...) reproductive technology. The task here is (1) to illustrate how Heidegger’s disquiet is manifested in such technologies and (2) to emphasize the significance of his call for a “step back” from the calculative thinking dominant in the natural sciences to what he called, alternately, “essential,” “meditative,” or “commemorative” thinking. Only through this latter mode of thinking can we expect to enter into a “free” relationship to technology. (shrink)

This book is an attempt "to give a systematic account of the development of plato's theory of knowledge" (page vii). thus it focuses on the dialogues in which epistemological issues come to the fore. these dialogues are "meno", "phaedo", "symposium", "republic", "cratylus", "theastetus", "phaedrus", "timaeus", "sophist", "politicus", "philebus", and "laws". issues discusssed include the theory of recollection, perception, the difference between belief and knowledge, and mathematical knowledge. (staff).

The scope and reach of information, driven by the explosive growth of information technologies and content types, has expanded dramatically over the past 30 years. The consequences of these changes to records and information management (RIM) professionals are profound, necessitating not only specialized knowledge but added responsibilities. RIM professionals require a professional ethics to guide them in their daily practice and to form a basis for developing and implementing organizational policies, and Mooradian’s new book provides a rigorous outline of such (...) an ethics. Taking an authoritative principles/rules based approach to the subject, this book comprehensively addresses •the structure of ethics, outlining principles, moral rules, judgements, and exceptions; •ethical reasoning, from meaning and logic to dilemmas and decision methods; •the ethical core of RIM, discussing key topics such as organizational context, the positive value of accountability, conflicts of interest, and confidentiality; •important ethical concerns like copyright and intellectual property, whistleblowing, information leaks, disclosure, and privacy; and •the relationship between RIM ethics and information governance. -/- An essential handbook for information professionals who manage records, archives, data, and other content, this book is also an ideal teaching text for students of information ethics . (shrink)

When political philosopher Hannah Arendt introduced the concept of ‘banality of evil’ she did so in reference to the actions of Germans who appropriated the doctrines of National Socialism “thoughtlessly” and without obvious intentions to do evil. But, Arendt’s description of this phenomenon entails that such banality can be found even in a democracy such as the USA. The relation of law and morality must therefore be unambiguous to defend the rule of law against the rule of men. However, a (...) legal philosophy other than positivism is essential to safeguard the Republic against the overreach of executive power. And, where the psychopathology of Donald Trump is at the core of America’s electoral discontent in 2020, as mental health professionals have argued, there is all the more reason to take Arendt’s counsel especially seriously today. It is in this context that it is argued here that the American public must beware Trump’s inducement of America’s banality of evil. (shrink)

How can one be authentic, except with reference to some dogma? An answer to this query is philosophically important in light of the significance that individuals attach to traditions of thought and practice and to epistemic commitments articulated in the context of the political, which are characterized as ideological appeals. Here the thinking of Martin Heidegger is engaged as a way of evaluating the concept of dogma and the seemingly moral and political relevance of the concept of authenticity. The point (...) of the analysis is to conclude otherwise than is presupposed by the question, i.e., to conclude that one can be authentic without reference to some dogma. (shrink)

Contemporary Islam presents Europe in particular with a political and moral challenge: Moderate-progressive Muslims and radical fundamentalist Muslims present differing visions of the relation of politics and religion and, consequently, differing interpretations of freedom of expression. There is evident public concern about Western “political correctness,” when law or policy accommodates censorship of speech allegedly violating religious sensibilities. Referring to the thought of philosopher Baruch Spinoza, and accounting for the Universal Declaration of Human Rights, the Universal Islamic Declaration of Human Rights, (...) and various empirical studies on the religious convictions of Muslims, it is argued here that: (1) sovereign European state powers should be especially cautious of legal censorship of speech allegedly violating Muslim religious sensibilities; and (2) instead of legal moves to censorship, European states should defer to the principle of separation of religion and state (political authority). Further, a reasonable interpretation of Islamic jurisprudence allows that matters of religious difference may be engaged and resolved by appeal to private conscience and ethical judgment, rather than by appeal to public law per se. In so far as they are 1 representative of contemporary scholarship, the interpretative positions of Ziad Elmarsafy, Jacques Derrida, and Nasr Abū Zayd are presented in illustration of this latter point. (shrink)

This is a good time for such a substantial book on Buddhaghosa. His ideas may be more difficult to digest than those of contemporary authors, but Ganeri convincingly argues for their relevance. Together with Ganeri’s considerable interpretive and philosophical work, Buddhaghosa’s view helps to fill out a perspective that is popular in cognitive science, in which the self is replaced by systems. In this case, the self is replaced by systems of attention, a view that Ganeri calls ‘Attentionalism.’ In this (...) review I will focus on two aspects of the account that I find especially puzzling, with the hope that this leads to further elucidation, whether by Ganeri or others. Specifically, I will focus on the concepts of ekaggatā, or “placing,” and anatta, or “no-self,” as interpreted by Ganeri. (shrink)

Some bioethicists argue that conscientious objectors in health care should have to justify themselves, just as objectors in the military do. They should have to provide reasons that explain why they should be exempt from offering the services that they find offensive. There are two versions of this view in the literature, each giving different standards of justification. We show these views are each either too permissive (i.e. would result in problematic exemptions based on conscience) or too restrictive (i.e. would (...) produce problematic denials of exemption). We then develop a middle ground position that we believe better combines respect for the conscience of healthcare professionals with concern for the duties that they owe to patients. Our claim, in short, is that insofar as objectors should have to justify themselves, they should have to do it according to the standard that we defend rather than according to the standards that others have developed. (shrink)

Audience segmentation is necessary in health communications to ensure equitable resource distribution. Peer crowds, which are macro-level teen subcultures, are effective psychographic segments for health communications because each crowd has unique mindsets, values, norms, and health behavior profiles. These mindsets affect behaviors, and can be used to develop targeted health communication campaigns to reach those in greatest need. Though peer crowd research is plentiful, no existing peer crowd measurement tool has been formally validated. As such, we developed and validated Virginia's (...) Mindset Lens Survey (V-MLS), a mindset-based teen peer crowd segmentation survey to support health communication efforts. Using an online convenience sample of teens (N = 1,113), we assessed convergent and discriminant validity by comparing the V-MLS against an existing, widely-used peer crowd survey (I-Base Survey®) utilizing a multi-trait multi-method matrix. (shrink)

Is the societal-level of analysis sufficient today to understand the values of those in the global workforce? Or are individual-level analyses more appropriate for assessing the influence of values on ethical behaviors across country workforces? Using multi-level analyses for a 48-society sample, we test the utility of both the societal-level and individual-level dimensions of collectivism and individualism values for predicting ethical behaviors of business professionals. Our values-based behavioral analysis indicates that values at the individual-level make a more significant contribution to (...) explaining variance in ethical behaviors than do values at the societal-level. Implicitly, our findings question the soundness of using societal-level values measures. Implications for international business research are discussed. (shrink)

What process ought to guide decision making for pediatric patients? The prevailing view is that decision making should be informed and guided by the best interest of the child. A widely discussed structural model proposed by Buchanan and Brock focuses on parents as surrogate decision makers and examines best interests as guiding and/or intervention principles. Working from two recent articles by Ross on “constrained parental autonomy” in pediatric decision making (which is grounded in the Buchanan and Brock model), I discuss (...) (supportively) features of Ross’s effort visa-vis the best interest standard. I argue that any pediatric decision-making model that brackets or formally limits an engagement with the child patient assumes too much. Further, any model that under appreciates the place of parents and their autonomy, and the dynamic parent-child relationship, misses an opportunity to broaden the clinical encounter by considering questions of justice for the child (Rawls) and within a family (Ross). In this context, I focus on the child’s emerging and ongoing emotional and intellectual development and autonomy—their capabilities and identifying primary goods. (shrink)

In this essay, by example of the physician-patient relationship and drawing on the work of D.W. Winnicott, I explore what may be possible together in relationships, and in the pursuit of health and flourishing, at understanding what we need, and getting ourselves and the other “right”—what we are afraid of and how we get each other wrong, and the distance or gap between “what has been” and “what might be.” In pursuit of these questions, I consider what both physicians and (...) patients might endeavor to do together to address this distance: to recognize and respond to each other, and to identify and address common needs and felt distances. And, how, along the way, we may be able to better identify and understand fundamental challenges to all relationships. Finally, I ask the reader to imagine a physician-patient encounter (and all relationships) as vulnerable possibilities. And I suggest a method for a way forward. While we may not always get what we want in a relationship, perhaps our earnest effort at knowing together will open a potential space for us to get what we need. This is where I imagine that the physician-patient relationship begins: where all relationships begin. (shrink)

Bioethics tends to be dominated by discourses concerned with the ethical dimension of medical practice, the organization of medical care, and the integrity of biomedical research involving human subjects and animal testing. Jacques Derrida has explored the fundamental question of the “limit” that identifies and differentiates the human animal from the nonhuman animal. However, to date his work has not received any reception in the field of biomedical ethics. In this paper, I examine what Derrida’s thought about this limit might (...) mean for the use/misuse/abuse of animals in contemporary biomedical research. For this, I review Derrida’s analysis and examine what it implies for scientific responsibility, introducing what I have coined the “Incompleteness Theorem of Bioethics.”. (shrink)

Schopenhauer is famously abusive toward his philosophical contemporary and rival, Friedrich William Joseph von Schelling. This chapter examines the motivations for Schopenhauer’s immoderate attitude and the substance behind the insults. It looks carefully at both the nature of the insults and substantive critical objections Schopenhauer had to Schelling’s philosophy, both to Schelling’s metaphysical description of the thing-in-itself and Schelling’s epistemic mechanism of intellectual intuition. It concludes that Schopenhauer’s substantive criticism is reasonable and that Schopenhauer does in fact avoid Schelling’s errors: (...) still, the vehemence of the abuse is best perhaps explained by the proximity of their philosophies, not the distance. Indeed, both are developing metaphysics of will with full and conflicted awareness of the Kantian epistemic strictures against metaphysics. In view of this, Schopenhauer is particularly concerned to mark his own project as legitimate by highlighting the manner in which he avoids Schelling’s errors. (shrink)

Bayesian models of legal arguments generally aim to produce a single integrated model, combining each of the legal arguments under consideration. This combined approach implicitly assumes that variables and their relationships can be represented without any contradiction or misalignment, and in a way that makes sense with respect to the competing argument narratives. This paper describes a novel approach to compare and ‘average’ Bayesian models of legal arguments that have been built independently and with no attempt to make them consistent (...) in terms of variables, causal assumptions or parameterization. The approach involves assessing whether competing models of legal arguments are explained or predict facts uncovered before or during the trial process. Those models that are more heavily disconfirmed by the facts are given lower weight, as model plausibility measures, in the Bayesian model comparison and averaging framework adopted. In this way a plurality of arguments is allowed yet a single judgement based on all arguments is possible and rational. (shrink)

Is the societal-level of analysis sufficient today to understand the values of those in the global workforce? Or are individual-level analyses more appropriate for assessing the influence of values on ethical behaviors across country workforces? Using multi-level analyses for a 48-society sample, we test the utility of both the societal-level and individual-level dimensions of collectivism and individualism values for predicting ethical behaviors of business professionals. Our values-based behavioral analysis indicates that values at the individual-level make a more significant contribution to (...) explaining variance in ethical behaviors than do values at the societal-level. Implicitly, our findings question the soundness of using societal-level values measures. Implications for international business research are discussed. (shrink)

Introduction In 2013, Dr. J. Muizelaar and Dr. R. Schrot, two neurosurgeons at the University of California Davis Medical Center (UCDMC), were found guilty of research misconduct due to failure to comply with institutional policies as well as Food and Drug Administration (FDA) regulations governing human subjects research. At issue here, however, is the difference between research and innovative therapy in the clinical setting of patient care where clinical judgment is reasonably to be privileged. Methods The UCDMC investigative document is (...) reviewed along with standard literature on clinical ethics and clinical data about glioblastoma multiforme (GBM) cancer. Results In this paper I argue that, by tendentiously focusing on policies, regulations, and procedures governing human subjects research, the UCDMC investigation failed to account for the centrality of clinical judgment and clinical ethics pertinent to judicious review of this matter, especially given the unique clinical context of terminally ill patients having exhausted standard care treatment options for glioblastoma multiforme (GBM) cancer. Conclusions The UCDMC investigation raises serious problems for clinicians who are engaged in innovative therapy in the clinical setting, requiring a regulatory framework separate from the normal Institutional Review Board (IRB) process. (shrink)

This is the co-authored--with Carolyn Korsmeyer--Introduction to the first published feminist scholarship in The Journal of Aesthetics and Art Criticism (Volume 48, Number 4, Fall 1990). Contributors included Hilde Hein, Paul Mattick, Jr., Timothy Gould, Joanne B. Waugh, Joseph Margolis, Mary Devereaux, Noel Carroll, Flo Leibowitz, Anita Silvers, Elizabeth Ann Dobie, Renee Cox, and Ellen Handler Spitz. All essays were subsequently published in an expanded book version entitled, Feminism and Tradition in Aesthetics by Penn State Press (1995).

Friedrich Wilhelm Joseph von Schelling (1775-1854) is often thought of as a “philosopher’s philosopher,” with a specialist rather than generalist appeal. One reason for Schelling’s lack of popularity is that he is something of a problem case for traditional narratives about the history of philosophy. Although he is often slotted in as a stepping stone on the intellectual journey from Kant to Hegel, any attention to his ideas will show that he does not fit this role very well. His later (...) philosophy suggests a materialism and empiricism that puts him outside of idealism proper; his connection with the romantic movement suggests an aestheticism that challenges traditional philosophy as such; and his mysticism allies him with medieval, pre-critical philosophies considered antiquated by the 19th century. And if Schelling was not entirely at home with his contemporaries, he seems, on the face of it, to have fared little better with his future: there has been no Schelling school, he has had no followers. No historical trajectory announces Schelling as its point of departure. -/- And yet Schelling’s influence has been an extraordinary one. He has inspired physicists, physicians, theologians, historians and poets. A wildly diverse set of philosophers have claimed that their ideas have resonance with his. Perhaps the question of Schelling’s influence can be approached by looking at what Kant says about works of genius -- that they should give rise to inspiration, not imitation. Paradoxically, to imitate genius is not to produce an imitation but a new creative work. Whether or not Schelling should be strictly viewed as a genius, Kant’s notion suggests a sense in which Schelling should be understood as a “philosopher’s philosopher”; he inspired creativity, not repetition. In this perspective, the lack of a “Schelling school” is a sign of strength; Schelling is continually being rediscovered, and his works have retained a fresh and untimely character. If Schelling does not have any obvious historical successors, it is because his influence cannot be charted by the usual methods. New philosophical tools are needed in order to understand his philosophical significance, his impact on contemporary thought and relevance for contemporary concerns. (shrink)