This chapter reviews fundamental ethical controversy surrounding the ongoing effort to revise the Uniform Determination of Death Act in the United States. Instead of focusing on the process of the revision itself, the chapter explores the underlying ethical debate over brain death that has been ongoing for many decades and finally culminated in this revision. Three issues are focused: the requirement for consent and personal exemptions before applying brain death for the diagnosis of death; redefining (...) the areas of the brain that have ceased to function in the definition of brain death; and codifying the American Academy of Neurology as the authority to issue the standards of the diagnosis of brain death. The chapter concludes that allowing the personal choice of death determination gives a pragmatic compromise to the disputed definition and practice of diagnosing brain death. So long as all risks and imperfections of the diagnosis are accepted through the consenting process, there is nothing ethically objectionable to continuing the current practice of diagnosing brain death as a successful tool to facilitate heart-beating organ donation without violating the dead-donor rule. By contrast, precluding personal choice and imposing legal restrictions to consent and exemptions would further erode public trust. (shrink)

The Uniform Determination of Death Act (UDDA) provides that “an individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead.” We show that the UDDA contains two conflicting interpretations of the phrase “cessation of functions.” By one interpretation, what matters for the determination of death is the cessation of spontaneous functions only, regardless of their generation by (...) artificial means. By the other, what matters is the cessation of both spontaneous and artificially supported functions. Because each UDDA criterion uses a different interpretation, the law is conceptually inconsistent. A single consistent interpretation would lead to the conclusion that conscious individuals whose respiratory and circulatory functions are artificially supported are actually dead, or that individuals whose brain is entirely and irreversibly destroyed may be alive. We explore solutions to mitigate the inconsistency. (shrink)

In this issue of the Report, James L. Bernat proposes an innovative and sophisticated distinction to justify the introduction of permanent cessation as a valid substitute standard for irreversible cessation in death determination. He differentiates two approaches to conceptualizing and determining death: the biological concept and the prevailing medical practice standard. While irreversibility is required by the biological concept, the weaker criterion of permanence, he claims, has always sufficed in the accepted standard medical practice to declare (...) class='Hi'>death. Bernat argues that the medical practice standard may be acceptable on the ground that proving circulatory or brain permanence is sufficient to assure complete accuracy for death diagnosis. -/- The topic requires public deliberation: processes to survey people's opinions and mechanisms to channel their opinions into policy-making. What is at stake is the nature of our society. Do we want an expertocracy, in which an enlightened few design policies for the greater good of the majority and exploit the lack of public knowledge to achieve compliance? (shrink)

50 years after its introduction, brain death remains controversial among scholars. The debates focus on one question: is brain death a good criterion for determining death? This question has been answered from various perspectives: medical, metaphysical, ethical, and legal or political. Most authors either defend the criterion as it is, propose some minor or major revisions, or advocate abandoning it and finding better solutions to the problems that brain death was intended to solve when it was (...) introduced. Here I plead for a different approach that has been overlooked in the literature: the philosophy of science approach. Some scholars claim that human death is a matter of fact, a biological phenomenon whose occurrence can be determined empirically, based on science. We should take this claim seriously, whether we agree with it or not. The question is: how do we know that human death is a scientific matter of fact? Taking the philosophy of science approach means, among other things, examining how the determination of human death became an object of scientific inquiry, exploring the nature of the brain death criterion itself, and analysing the meaning of its core concepts such as “irreversibility” and “functions”. (shrink)

Laura Specker Sullivan (2022) makes a fairly compelling case for the value of the perspectives of Buddhist practitioners in neuroethics. In this study, Tibetan Buddhist monks have been asked, among other things, whether consciousness, in brain-injured patients in a minimally conscious state, entails a duty to preserve life. In our view, some of the participants’ responses could be used to inform the bioethical debate on death determination.

In death penalty debates, advocates on both sides have advanced a staggering number of arguments to defend their positions. Many of those arguments fail to support retaining or abolishing the death penalty, and often this is due to advocates pursuing a line of reasoning where the conclusion, even if correctly established, will not ultimately prove decisive. Many of these issues are also interconnected and shouldn’t be treated separately. The goal of this paper is to provide some clarity about (...) which specific issues really determine whether the institution of capital punishment is morally permissible. The issues can be broadly grouped into three categories: substantive; procedural (comparative); and procedural (noncomparative). Substantive debates regard the inherent moral status of the death penalty, while procedural debates regard how the death penalty is applied in practice, with two types of injustice that can result. Substantive issues have the potential to be the most decisive, for if the death penalty is inherently immoral there’s no need to even raise procedural questions. However, it appears difficult for either side to make a clearly compelling argument on substantive grounds. In regards to the procedural arguments, the concerns of noncomparative justice lead to stronger arguments than the comparative concerns, for the irrevocable nature of the death penalty can play a role in the former but not the later. Overall, abolitionists have a clear advantage in this debate, as they only have to make their case on one of these fronts, while supporters must defend themselves on all three fronts. (shrink)

This paper addresses five questions: First, what is trajectory of Western liberal ethics and politics in defining life, rights and citizenship? Second, how will neuro-remediation and other technologies change the definition of death for the brain injured and the cryonically suspended? Third, will people always have to be dead to be cryonically suspended? Fourth, how will changing technologies and definitions of identity affect the status of people revived from brain injury and cryonic suspension? I propose that Western liberal thought (...) is working towards a natural end, a “telos.” In response to a variety of biotechnologies, law and public opinion in liberal democracies will be forced to make explicit that the rights of a living thing are determined by its level of consciousness. I discuss the way that technology will force three clarifications about the value of consciousness, at the beginning, the end and boundaries of human life. Sentience and personhood will become the basis of moral concern, regardless of its media. Just as human rights have become independent of race, gender and property, rights will become independent of being a breathing human being. But even as we make this transition, the cryonically preserved are still likely to be considered dead for pragmatic reasons, albeit with gradually increasing rights as technology makes their reanimation increasingly probable. I suggest that it could be acceptable to cryonicists that the frozen continue to be defined as dead if assisted suicide can be legalized. Under a liberal assisted suicide policy cryonicists might be allowed to carry out suspension before a declaration of death, preserving the maximum amount of neural information. The gradual redefinition of life and personal identity in terms of psychological continuity will also have consequences for the legal status of the reanimated. If, due to information loss, the reanimated do not meet a threshold of psychological continuity, they may be considered new persons. Cryonicists may therefore wish to specify ahead of time whether they are still interested in being reanimated if pre-animation assessment suggests that the result will not meet the necessary threshold of continuity. Finally, I touch on the way that neural technology will fundamentally problematize the separate, autonomous self on which liberal democratic values are based, leading to a legal and political Singularity. It is this looming neural Singularity that makes the proposed liberal democratic telos a final stage in humanistic thought, before it is superceded by something radically different. (shrink)

Heidegger, like Kierkegaard, has recently been claimed as a narrativist about selves. From this Heideggerian perspective, we can see how narrative expands upon the psychological view, adding a vital teleological dimension to the understanding of selfhood while denying the reductionism implicit in the psychological approach. Yet the narrative approach also inherits the neo-Lockean emphasis on the past as determining identity, whereas the self is fundamentally about the future. Death is crucial on this picture, not as allowing for the possibility (...) of a final meaning to our lives, but as determining Dasein as ‘pure unactualizable possibility.’ Ultimately, therefore, narrative is not what constitutes selfhood – but this does not mean that narrative is not relevant to personal identity, because narrative allows identity to be expressed in action. (shrink)

Aim of work: the research of the determination and destination of human for nature and cognition. The basis of the research is Karl Raimund Popper's article «Evolutionary epistemology». A critical analysis of Popper's proposed theses and the scheme of theory evolution is conducted. The signifi-cance of the occurrence of the system of tenses of the language as an implication of the descriptive function of the language is noted. The issue with which the cycle of evolution of life and cognition (...) begins is revealed. The language is included in the scheme proposed by Popper. As a result of the reasoning the pivotal feature of the human essence is identified: awareness the problem of death. This awareness makes it possible to relate oneself to the problem, which is the reason for the presence of the most aggregate evaluation categories: «good» and «evil». This is how a person may determine the purpose of evolution: overcoming the problem. In contrast to nature, the evolution of which is aimed at avoiding the problem. Having reached the goal, a person will go beyond himself as a phe-nomenon defined by the awareness of the problem. In this case, self-transcendence is a person's tran-sition to a new quality. The role of philosophy in the procedures of self-transcendence occurring in contemporary society is discussed. (shrink)

The book attempts to conceptualize the “ancient” issues of human death and human mortality in connection to the timely and vital subject of euthanasia. This subject forces the meditation to actually consider those ideological, ethical, deontological, legal, and metaphysical frameworks which guide from the very beginning any kind of approach to this question. This conception – in dialogue with Heideggerian fundamental ontology and existential analytics – reveals that, on the one hand, the concepts and ethics of death are (...) originally determined by the ontology of death, and, on the other hand, that, on this account, the question of euthanasia can only be authentically discussed in the horizon of this ontology. It is only this that may reveal to whom dying – our dying – pertains, while it also reveals our relationship to euthanasia as a determined human potentiality or final possibility. Thus euthanasia is outlined in the analysis as the possibility of becoming a mortal on the one hand, while on the other hand it appears in relation to the particularities of its existential structure, which essentially differ from the existential and ontological structure of any other possibility of dying. This is why it should not be mixed up with, or mistaken for, any of these. (shrink)

The article re-visits the different scholarly approaches to Hegel's end-of-art scenario, and then proposes a new reading whereby ending and finitude are presented as essential features of beautiful art. The first and most determinant of art's endings is the death of the Christly art object, not representations of Christ, but the actual death of (the son of) God himself as the last classical artwork. The death of God represents the last word in Greco-Roman art, the accomplishment of (...) the beautiful individuality and its failure to present the Absolute in a singular, naturally infected, lively, human (made) form. The ending of art brings about a new form of the sacred: the representational language of revelatory religion. The ongoing production of modern artistic forms is a feature of actuality ("Wirklichkeit") and as such is condemned to an infinite approximation of what has been. Such actuality nonetheless "ends" in the ironic discourse of contemporary artistic expression, which Hegel qualifies as a "Vereitelung". The final realization of the beautiful art form, as a human-informed singularity embodying absolute content, may well be the Encyclopedia of Philosophical Sciences, whose performative iteration takes place in the form of "worship" practiced in the modern, state university. (shrink)

It is generally assumed that humans are the only animals who can possess a concept of death. However, the ubiquity of death in nature and the evolutionary advantages that would come with an understanding of death provide two prima facie reasons for doubting this assumption. In this paper, my intention is not to defend that animals of this or that nonhuman species possess a concept of death, but rather to examine how we could go about empirically (...) determining whether animals can have a concept of death. In order to answer this question, I begin by sketching an account of concept possession that favours intensional classification rather than mere extensional discrimination. Further, I argue that the concept of death should be construed as neither binary nor universal. I then present a proposal for a set of minimal conditions that must be met to have a concept of death. I argue that having a minimal understanding of death entails first expecting a dead individual to be alive, and then grasping its non-functionality and irreversibility. Lastly, I lay out the sort of observational and experimental evidence that we should look for to determine whether animals have the capacity for a minimal comprehension of death. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Think Least of Death: Spinoza on How to Live and How to Die by Steven NadlerJohn GreySteven Nadler. Think Least of Death: Spinoza on How to Live and How to Die. Princeton, NJ: Princeton University Press, 2020. Pp. x + 234. Hardback, $39.95.Think Least of Death is not just an interpretation of Spinoza, but a defense of his philosophy. Nadler develops Spinoza's arguments in ways (...) that are intended both to reflect Spinoza's views and to persuade us that the views in question are true. He uses success language throughout to describe Spinoza's ideas ("What Spinoza discovered, and what he wants us to know, is that..." [11]) and arguments ("Spinoza... has demonstrated, rigorously and a priori, that..." [188]). Nadler is not just a Spinoza scholar here; he also thinks that Spinoza basically got it right. It would be a mistake, then, to evaluate Think Least of Death solely on its interpretive merits as a reading of Spinoza's Ethics. It is more fruitful to look at the places where Nadler not only describes, but apparently endorses, Spinoza's views.Following Nadler, I will focus here on the practical philosophy. Briefly put, Spinoza takes the right way of living to consist in adherence to the dictates of reason, which prescribe "that everyone love himself, seek his own advantage... and 'absolutely, that everyone should strive to preserve his own being as far as he can'" (191). These general principles issue in more specific directives based on facts about human nature. For instance, since the nature of the human mind is such that it always benefits from further understanding, reason directs us to strive for further understanding. To the extent that a human being lives in accordance with such dictates of reason, they will feel joyful, be free, and act virtuously. Conversely, when they are driven by their passions rather than reason, they will often feel sorrow, lack autonomy, and do things that are harmful to themselves and others. This is the source of whatever motivating power these directives have: necessarily, following them conduces to our self-interest.A crucial point for Nadler is that these facts about human nature are the same for each human being. This implies that "there is in fact an objective, non-arbitrary determination of what constitutes a more perfect or ideal human being" (28), the ideal that Spinoza variously refers to as the model of human nature or the free man. On Nadler's reading, Spinoza's notion of the free man (which he treats as equivalent to the model of human nature) is not "some creature of the imagination or reflection of personal taste" (29), but a representation of "the ideal state toward which every individual [human] naturally and necessarily... strives" (29). [End Page 708]A signal contribution of the book is to show that the free person's life is a realizable goal rather than an unattainable ideal. The free person is determined to act by reason alone, yes—but this is compatible with him or her also having passions, so long as those passions do not determine his or her behavior. A free person might feel fear at the prospect of death or suffering, but that fear will not determine what he or she does. Instead, the free person's actions will be determined by the guidance of reason and the positive affects (joy, love, self-esteem, and the like).Since the life of the free person is in principle attainable, Nadler proposes that we take the free person's life as a model for how we ourselves should live. For instance, when Spinoza writes that "a free man always acts honestly" (E 4P72), the implication is that we ourselves should always act honestly. Now, there is an apparent inconsistency in this position, nicely articulated by Don Garrett ("'A Free Man Always Acts Honestly, Not Deceptively': Freedom and the Good in Spinoza's Ethics," in Nature and Necessity in Spinoza's Philosophy [New York: Oxford University Press, 2018], 441–61). The free man—living entirely according to the guidance of reason—always acts honestly. Yet reason also guides us to seek our own advantage, and sometimes the... (shrink)

In paleontology, the discovery of funeral rites is an important factor in determining the degree of social awakening of a hominid. This awareness of death is an engine of social cohesion (uniting to resist disasters and enemies) and action (to do something to leave a trace). It is an important element of metaphysical reflection. This is also what gives the symbolic power to acts such as homicide and suicide. According to Plato, death is the separation of soul and (...) body. Finally freed from his fleshly prison, the immortal soul can freely reach the sky of Ideas, Eternity, the domain of philosophers. (cf. Phaedo). (shrink)

In modern hospitals in developed countries, deaths are determined usually after a prearranged schedule of resuscitative efforts. By default, death is diagnosed and determined after “full code” or after the failure of intensive resuscitation. In end-of-life contexts, however, various degrees of less-than-full resuscitation and sometimes no resuscitation are allowed after the consent and shared decision-making of the patient and/or surrogates. The determination of brain death is a unique exception in these contexts because such an end-of-life care plan (...) is usually not offered until after brain death is declared. This essay analyzes and critiques three arguments for denying the family and/or surrogate a chance to consent to or forego the diagnostic protocol of brain death and choose an alternative end-of-life plan. First, opponents of consent for the determination of brain death argue that presenting it as a selectable end-of-life plan undermines the integrity of death determination. The second argument is that it is inconsistent to allow foregoing the determination of brain death when the determination of circulatory death is non-negotiable. The third argument is that allowing the patient/surrogate to forego the determination of brain death would jeopardize the fair and appropriate utilization of intensive care resources and potentially reduce organ donor pools. After closer conceptual examinations of these three arguments, this essay concludes that these arguments are conceptually and morally problematic. It defends an alternative patient-centered end-of-life care plan based on consent and shared decision-making. (shrink)

The topic of this paper is the general thesis that the death of the human organism is what constitutes the death of a person. All admit that when the death of a human organism occurs, in some form or another, this normally does result in the death of a person. But, some maintain, organismic death is not the same thing as personal death. Why? Because, they maintain, despite the fact that persons are associated with (...) a human organism (‘their organism’), they are not identical with their organism, and so they can, at least in principle and perhaps in actuality, die before or after their organism dies. The thesis described above I shall call ‘the two-deaths thesis’ in virtue of the fact that its proponents believe that there are two kinds of death, viz. organismic death and personal death. The opposing thesis, according to which the death of a human organism does constitute the death of a person, I call the ‘one death thesis’. After giving some background remarks in section 2 of this paper, in section 3 I argue that, if we take linguistic usage seriously, neither the two-deaths thesis nor the one-death thesis is true. I argue, rather, that so far as linguistic usage goes it is indeterminate which of them is true. In section 4 I go further and argue that if one accepts a widely held metaphysical view, viz. that the world itself partially determines reference and the extensions of our concepts, then it is plausible that the one-death thesis is true despite the facts about linguistic usage. (shrink)

The Zhuangzi 莊子 depicts persons as surviving their deaths through the natural transformations of the world into very different forms—such as roosters, cart-wheels, rat livers, and so on. It is common to interpret these passages metaphorically. In this essay, however, I suggest employing a “Conventionalist” view of persons that says whether a person survives some event is not merely determined by the world, but is partly determined by our own attitudes. On this reading, Zhuangzi’s many teachings urging us to embrace (...) transformation are not merely a psychological aid for dealing with death, but also serve as a tool for literally surviving it. (shrink)

Recent decades have witnessed the rise of chefs to a position of cultural prominence. This rise has coincided with increased consciousness of ethical issues pertaining to food, particularly as they concern animals. We rank cookbooks by celebrity chefs according to the minimum number of sentient animals that must be killed to make their recipes. On our stipulative definition, celebrity chefs are those with their own television show on a national network in the United States, the United Kingdom, Canada or Australia. (...) Thirty cookbooks by 26 such chefs were categorized according to the total number of cows, pigs, chicken, fish and other species they included as ingredients. The total number of animals killed was divided by the number of non-dessert recipes to generate an average number of animal deaths per recipe for each book. We outline the rationale for our project and its methodology before presenting a ranked table of 30 cookbooks by celebrity chefs. This method generates several interesting findings. The first concerns the wide variation in animal fatalities among cookbooks. The chef with the heaviest animal footprint killed 5.25 animals per recipe, while the omnivorous chef with the smallest footprints killed 0.19 per recipe. Clearly, not all approaches to meat eating are equal when it comes to their animal mortality rate. Pigs and large ruminants are all substantially bigger than poultry, which are themselves bigger than many fish. The prime determinant of a chef’s place in the index was the number of small animals his or her recipes required. Whether a chef cooked in the style of a particular cuisine (Italian, French, Mexican etc.), by contrast, had no discernible influence on his or her ranking. We analyze how different chefs present themselves—as either especially sensitive or insensitive to ethical issues involving animals and food—and note cases where these presentations do or do not match their index ranking. -/- . (shrink)

Much public policy analysis requires us to place a monetary value on the bad- ness of a premature human death. Currently dominant approaches to determining this ‘value of a life’ focus exclusively on the ‘self-regarding’ value of life — that is, the value of a person’s life to the person whose death is in question — and altogether ignore effects on other people. This procedure would be justified if, as seems intuitively plausible, other-regarding effects were negligible in comparison (...) with self-regarding ones. I argue that in the light of the issue of overpopulation, that intuitively plausible condition is at best highly questionable. Unless the world is in fact underpopulated, the social disvalue of a premature death is likely to be significantly lower than the current estimates. (shrink)

In *Engaging Capital Emotions,* Douglas Berman and Stephanos Bibas argue that emotion is central to understanding and evaluating the death penalty, and that the emotional case for the death penalty for child rape may be even stronger than for adult murder. Both the Berman and Bibas article and the subsequent Supreme Court decision in Kennedy v. Louisiana (striking down the death penalty for child rape) raise difficult questions about how to measure the heinousness of crimes other than (...) murder, and about the role the pain suffered by victims and victims' families should play in this inquiry. In this Reply, I agree with the authors on the importance of confronting emotion's role in capital punishment, for reasons I discuss in Part A. However, I disagree with their claim that the moral outrage evoked by child rape supports making it a capital crime. Part B explores the difficulties of using the existence of moral outrage as a measure of appropriate punishment. Part C argues that the penal system should not merely reflect moral outrage, but channel and educate it. It suggests that the availability of the death penalty may create an anchoring effect, communicating the message that the death penalty is the proper way to express moral outrage and to honor the worth of murder victims. It explores the consequences of this message. Section II focuses on the role of emotion in deciding whether child rape should be a capital crime. Part A considers the problematic role of victim harm in determining whether the death penalty is appropriate. It explores the question, raised in Kennedy v Louisiana, of whether the effect of a capital trial on child rape victims ought to be part of the calculus. Part B argues that there are three particular problems with allowing juries to sentence child rapists to death: the deleterious effect of anger and empathy, the problem of generic prejudice, and the issue of race. (shrink)

The present text sets out to determine the relationships between the concepts of despair and selfhood in Søren Kierkegaard's Sikness unto Death. For this, a hermeneutic, as exhaustive as possible, is applied to the discernment of the concept itself, to later relate it to what the Danish calls despair. After clarifying the relationship between both concepts, examples of the desperate Kierkegaardian man abound in order to verify the irremediable discordance between the constituent elements of the self-given, his unresolved relationship (...) with God. (shrink)

What determines the degree to which some event harms a subject? According to the counterfactual comparative account, an event is harmful for a subject to the extent that she would have been overall better off if it had not occurred. Unlike the causation based account, this view nicely accounts for deprivational harms, including the harm of death, and for cases in which events constitute a harm rather than causing it. However, I argue, it ultimately fails, since not every intrinsically (...) bad state that is counterfactually dependent on an event contributes to its degree of harm. So while the causation based account is too restrictive, the counterfactual comparative view is not restrictive enough. In light of this, I suggest an alternative, explanation based account of overall harm, according to which the degree to which some event is harmful for a subject is determined by the degree to which (crudely) the states explained by it are overall more intrinsically bad than intrinsically good for her. (shrink)

In spite of the many important findings made within the theory of emotions, scholars still struggle to coherently account for the unique structure of disgust or determine its essence. In contrast to much of the contemporary literature on disgust, I aim to show that, through employing the phenomenological method in his 1929 essay “Disgust” (Der Ekel), Aurel Kolnai was able to grasp the real significance of the phenomenon of disgust. The current study aims to clarify and present Kolnai’s insight into (...) the nature of disgust wherein the latter is first and foremost conceived as an ambivalent, multifaceted, but coherent phenomenon. Namely, as a defense mechanism that reacts against the proximity of a disturbing object charged with an ambiguous value of confusion that fluctuates between surplus of life and intention towards death. In order to achieve this goal, I present Kolnai’s notion of disgust by first focusing on the foreground of the phenomena of disgust: the essential features of the intentional content of disgust, the object of disgust in particular. I then present and analyze the life-death complex as the underlying structures of the visceral sense of disgust. Lastly, I show how the life-death complex relates to the visceral sense of disgust, thereby affirming the coherence of disgust. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...) principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

End-of-life care has a number of characteristics that make economic evaluation particularly challenging. These include proximity to death, the improbability of survival gain, individuals’ changing priorities, declining cognition and effects on close persons. In view of these particularities of end-of-life care, some researchers have determined that current ‘extra-welfarist’ approaches to defining do not adequately reflect well-being. As a result, suggestions are being made that would see the QALY approach either replaced or subject to significant redefinition. The purported goal of (...) adopting alternative evaluation approaches is to extend the evaluative space ‘beyond’. The purpose of this chapter is to guide the definition of what should be included in the evaluative space in end-of-life care. (shrink)

The purpose of the work is to study the definition and purpose of man for nature and cognition. The study was based on an article by K.R. Popper's «Evolutionary Epistemology». A critical analysis of Popper's theses and schemes for the evolution of theories is carried out. The importance of the emergence of a system of times of the language as a consequence of its descriptive function is noted. The problem with which the cycle of development of life and knowledge begins (...) is revealed. In the work of the scheme proposed by Popper, the language is included. As a result of the discussion, a key element of the essence of man is revealed: understanding the problem of death. This understanding makes it possible to relate oneself to the problem, which is the reason for the existence of the most general evaluation categories: «good» and «evil». So, a person can determine the goal of development - overcoming the problem, in contrast to nature, the development of which is aimed at avoiding the problem. Having reached the goal, a person will go beyond himself as a phenomenon defined by an understanding of the problem. In this case, self-transcendence is the transition of a person to a new quality. The role of philosophy in the processes of self-transcendence taking place in modern society is discussed. (shrink)

The available resources for global health assistance are far outstripped by need. In the face of such scarcity, many people endorse a principle according to which highest priority should be given to the worst off. However, in order for this prioritarian principle to be useful for allocation decisions, policy-makers need to know what it means to be badly off. In this article, we outline a conception of disadvantage suitable for identifying the worst off for the purpose of making health resource (...) allocation decisions. According to our total advantage view: the worst off are those who have the greatest total lifetime disadvantage; advantage foregone due to premature death should be treated in the same way as other ways of being disadvantaged at a time; how badly off someone is depends on the actual outcomes that will befall her without intervention, not her prospects at a time; and all significant forms of disadvantage count for determining who is worst off, not just disadvantage relating to health. We conclude by noting two important implications of the total advantage view: first, that those who die young are among the globally worst off, and second, that the epidemiological shift in the global burden of disease from communicable to non-communicable diseases should not lead to a corresponding shift in global health spending priorities. (shrink)

Ectogestation involves the gestation of a fetus in an ex utero environment. The possibility of this technology raises a significant question for the abortion debate: Does a woman’s right to end her pregnancy entail that she has a right to the death of the fetus when ectogestation is possible? Some have argued that it does not Mathison & Davis. Others claim that, while a woman alone does not possess an individual right to the death of the fetus, the (...) genetic parents have a collective right to its death Räsänen. In this paper, I argue that the possibility of ectogestation will radically transform the problem of abortion. The argument that I defend purports to show that, even if it is not a person, there is no right to the death of a fetus that could be safely removed from a human womb and gestated in an artificial womb, because there are competent people who are willing to care for and raise the fetus as it grows into a person. Thus, given the possibility of ectogestation, the moral status of the fetus plays no substantial role in determining whether there is a right to its death. (shrink)

The material world is determined and its boundaries are established on the basis of fundamental physical laws. It turns out that the non-material world is not empty. In this world the substance has been discovered that looks like a consciousness. Consciousness has the ability to interact with matter and determine the state of matter within the limits determined by the Heisenberg uncertainty relations. It is shown that elementary particles have something that can be called as elementary consciousness. More complicated consciousnesses (...) determine the behavior of animals and humans, in particular. To explain the diversity of consciousnesses in terms of the level of development, the hypothesis of the fusion of consciousnesses is proposed. The hypothesis leads to an explanation of the possible existence of that is commonly called God. Within the framework of the hypothesis, explanations of testimonies of clinical death survivors are given. Possible goals of the existence of man and God are determined. (shrink)

Will it rain tomorrow? Will there be a sea battle tomorrow? Will my death be painful? Wondering about the future plays a central role in our cognitive lives. It is integral to our inquiries, our planning, our hopes, and our fears. The aim of this paper is to consider various accounts of future contingents and the implications that they have for wondering about the future. I argue that reflecting on the nature of wondering about the future supports an Ockhamist (...) account of future contingents according to which many of them are true. Alternative accounts which maintain that no future contingents are true, either by claiming that they are all false or by claiming that they are neither true nor false, face difficulties concerning why it is appropriate to wonder about them. Reflecting on wondering in general, and wondering about the future in particular, suggests that in wondering how the future will go, we implicitly assume that there is a determinate fact of the matter. After presenting an attractive account of interrogative attitudes that has been recently proposed by Jane Friedman and outlining some norms governing wondering, I argue that all accounts of future contingents except Ockhamism face difficulties concerning why it is appropriate to wonder about them. (shrink)

Alongside a revival of interest in Thomism in philosophy, scholars have realised its relevance when addressing certain contemporary issues in bioethics. This book offers a rigorous interpretation of Aquinas's metaphysics and ethical thought, and highlights its significance to questions in bioethics. Jason T. Eberl applies Aquinas’s views on the seminal topics of human nature and morality to key questions in bioethics at the margins of human life – questions which are currently contested in the academia, politics and the media such (...) as: When does a human person’s life begin? How should we define and clinically determine a person’s death? Is abortion ever morally permissible? How should we resolve the conflict between the potential benefits of embryonic stem cell research and the lives of human embryos? Does cloning involve a misuse of human ingenuity and technology? What forms of treatment are appropriate for irreversibly comatose patients? How should we care for patients who experience unbearable suffering as they approach the end of life? _Thomistic Principles and Bioethics_ presents a significant philosophical viewpoint which will motivate further dialogue amongst religious and secular arenas of inquiry concerning such complex issues of both individual and public concern. (shrink)

Wissen wir, wer oder was unseren Lebensgang bestimmt? Wissen wir überhaupt, was in uns und ausserhalb von uns abläuft? Das einzig Gewisse ist unser Tod, doch was hilft die Gewissheit unseres Todes, wenn ungewiss bleibt, wann er kommt? Unsere Bedürfnisse kennen wir, aber wo sind die Grenzen der Befriedigung? Wenn unsicher geworden ist, wer oder was das bestimmt, was faktisch geschieht, wenn die Welt uns körperlich und seelisch bedrängt und die einzige Gewissheit in der Zukunft unser Tod ist, wenn uns (...) unsere Bedürfnisse und die Grenzen ihrer Befriedigung unklar geworden sind, dann hilft nichts mehr als das Nachdenken – das Nachdenken über unsere Natur und ihren Platz in der Welt, über die Hierarchie unserer Bedürfnisse, darüber, wie wir das Gelingen unseres Lebens mit Vernunft und Gerechtigkeit in Einklang bringen. Kurz, es hilft nichts als der Epikureismus. ********** Do we know who or what determines the course of our lives? Do we even know what is going on inside and outside of us? The only certain thing is our death, but what good is the certainty of our death if it remains uncertain when it will come? We know our needs, but where are the limits to their fulfilment? When it has become uncertain who or what determines what actually happens, when the world oppresses us physically and emotionally and the only certainty in the future is our death, when our needs and the limits of their fulfilment have become unclear to us, then nothing helps more than reflection - reflection on our nature and its place in the world, thinking about the hierarchy of our needs, about how we can harmonise the success of our lives with reason and justice. In short, nothing helps but Epicureanism. (shrink)

Este artículo pretende establecer una relación entre la frase “Dios ha muerto” y el tema de la ciencia en Nietzsche. Para tal fin, se hará un análisis de la frase “Dios ha muerto” a la luz de la reciente interpretación hecha en el mundo alemán. En segundo lugar, nos ocuparemos de los conceptos de ausencia y caos para determinar si dichas nociones pueden ser consideradas como un paso ulterior a la “muerte de Dios”. Finalmente, revisaremos el tema de la ciencia: (...) las opiniones que Nietzsche tenía de la misma, las implicaciones que se desprenden de sus obras y, sobre todo, el nexo directo de la ciencia con dicha muerte. El vínculo entre estos temas permite una nueva comprensión del futuro de las investigaciones sobre el filósofo de Röcken. This article aims to establish a relationship between the phrase “God has died” and the theme of science in Nietzsche. For this purpose, an analysis of the phrase “God has died” will be made in the light of the recent interpretation made in the German world. Secondly, we will deal with the concepts of absence and chaos to determine if these notions can be considered as a further step to the “death of God”. Finally, we will review the subject of science: Nietzsche's views on it, the implications that stem from its works and, above all, the direct nexus of science with that death. The link between these themes leads to a new understanding of the future of research on the philosophy of Röcken. (shrink)

An e-book devoted to 13 critical discussions of Thaddeus Metz's book "Meaning in Life: An Analytic Study", with a lengthy reply from the author. -/- Preface Masahiro Morioka i -/- Précis of Meaning in Life: An Analytic Study Thaddeus Metz ii-vi -/- Source and Bearer: Metz on the Pure Part-Life View of Meaning Hasko von Kriegstein 1-18 -/- Fundamentality and Extradimensional Final Value David Matheson 19-32 -/- Meaningful and More Meaningful: A Modest Measure Peter Baumann 33-49 -/- Is Meaning in (...) Life Comparable?: From the Viewpoint of ‘The Heart of Meaning in Life’ Masahiro Morioka 50-65 -/- Agreement and Sympathy: On Metz’s Meaning in Life Sho Yamaguchi 66-89 -/- Metz’s Quest for the Holy Grail James Tartaglia 90-111 -/- Meaning without Ego Christopher Ketcham 112-133 -/- Death and the Meaning of Life: A Critical Study of Metz’s Meaning in Life Fumitake Yoshizawa 134-149 -/- Metz’ Incoherence Objection: Some Epistemological Considerations Nicholas Waghorn 150-168 -/- Meaning in Consequences Mark Wells 169-179 -/- Defending the Purpose Theory of Meaning in Life Jason Poettcker 180-207 -/- Review of Thaddeus Metz’s Meaning in Life Minao Kukita 208-214 -/- A Psychological Model to Determine Meaning in Life and Meaning of Life Yu Urata 215-227 -/- Assessing Lives, Giving Supernaturalism Its Due, and Capturing Naturalism: Reply to 13 Critics of Meaning in Life Thaddeus Metz 228-278 . (shrink)

The ancient Stoics believed that virtue is the only true good and as such both necessary and sufficient for happiness. Accordingly, they classified food as among the things that are neither good nor bad but "indifferent." These "indifferents" included health, illness, wealth, poverty, good and bad reputation, life, death, pleasure, and pain. How one deals with having or lacking these things reflects one’s virtue or vice and thus determines one’s happiness or misery. So, while the Stoics held that food (...) in itself contributes nothing to a person’s happiness, how one obtains, prepares, and serves it, and both what and how one eats, all reveal a person’s character as good or bad. Thus, understanding the purpose of food, the necessity of frugality, and the virtue of temperance are all important in Stoicism. This paper traces the ethical views on food from Zeno of Citium and Chrysippus to Seneca, Musonius Rufus, Epictetus, and Marcus Aurelius. They agree that the wise and temperate know that simple, inexpensive foods in moderate amounts produced locally are easy to get and prepare, healthy for the body, and good for the mind. Thus, Stoicism dictates frugality of diet and the rejection of ambitious eating, gluttony, luxuries, delicacies, and gustatory extravagance. Some Stoics favor vegetarianism. All Stoics think it wise to limit eating and drinking to strict bodily need and to eradicate all food anxieties. (shrink)

The aim of the article. The aim of the article is to identify the components of social and economic systems life cycle. To achieve this aim, the article describes the traits and characteristics of the system, determines the features of social and economic systems functioning and is applied a systematic approach in the study of their life cycle. The results of the analysis. It is determined that the development of social and economic systems has signs of cyclicity and is explained (...) methodologically by the axiomatics, rules and laws. Understanding of circular patterns has been formed long ago and now is recorded by scientists monitoring the properties of natural and artificial environment of human activity. During the study, it was found out that in scientific literature there is no unified description of the life cycle elements of social and economic systems at personal, micro, meso, macro and global levels. The paper investigates the cyclical patterns in multilevel social and economic systems for a human, employee, family, product, company, city, industry, elite, macroeconomic indicators, humanity, global processes, global economic system and the Universe. It is noted that at grass-roots administrative levels of the global environment of a human life activity system, a thesis about the cyclicity of development and the stages of the life cycle is considered by a wide circle of scientists and is doubtless. On hierarchically higher management levels of the global environment of human activity system, the scientists noticed the similar patterns of the cyclical nature. Problematic and discussion questions about cyclic development of social and economic systems are identified: the uncertainty of the driving force source of repeated changes; the vague distinction between systemic (internal) and off-system (external) influence on development; the lack of a unified description of development nature at different managerial levels; the use of different descriptive terms for the same constituent elements of repeated changes (period, stage, phase, wave, cycle); the uncertainty of the number of repeated changes constituent elements; the absence of an identification mechanism of the exact time of changes in the constituent elements of repeated changes; the surface description of out-of-system period of the subjects activity («before-system» period of creation and «after-system» period of liquidation); attaching more importance to primary and less importance to ultimate component elements of the repeated changes; the lack of reliable mechanism for predicting and forecasting the dynamics of constituent components of repeated changes. It is noted that all social and economic systems are developed within repeated changes and they have the same attributes of cyclicity: the fluctuation of indicators is marked that characterize the condition of the subject; the presence of system (from creation to liquidation) and out-of-system (creation – «design» and liquidation – «disposal») periods are noted; the subjects are created by the actions of other subjects (that is, subjects do not arise «out of nowhere», but are the result of actions of other subjects – «constructors»); after cessation of subjects functioning, their resources are used by other subjects (that is, the subjects do not disappear «nowhere», and they are transformed into the resources of other subjects – «recovery»); a unidirectional life cycle from «birth» to «death» is observed in the subjects; the subjects do not have to undergo the whole life cycle (each time might be the last); the subjects display similar changes of the indicators during their activity; ascending, peak and descending fluctuations of indicators are observed in the subjects; minor fluctuations occur in the constituent elements; the subjects have individual nature of indicator fluctuations and duration of activity. Conclusions and directions of further researches. The scientific novelty of the study is identification structure of life cycle of social and economic system with definitions of: common («before-system state», «growth», «stabilization», «reduction», «after-system state») and specific («creation», «slow growth», «rapid growth», «growth stabilization», «short stabilization», «rapid reduction», «slow reduction», «liquidation») constituent elements of repeated changes; marginal borders of indicators; dynamics of constituent elements of life cycle; key points of changing nature of the indicators dynamics. Identification of the life cycle of social and economic systems characterizes potentially possible limits of their activity in time and provides the possibility of further research of aspects of the cyclical development for methodological basis formation and the development of applied measures of systemic development in the areas of marketing and management innovations. (shrink)

Philosophical discussions concerning ectogestation are trending. And given that the Supreme Court of the United States overturned Roe v. Wade (1973) and Casey v. Planned Parenthood (1992), questions regarding the moral and legal status of abortion in light of the advent of ectogestation will likely continue to be of central importance in the coming years. If ectogestation can intersect with or even determine abortion policy in the future, then a new philosophical analysis of the legal status of abortion is both (...) warranted and urgently needed. I argue that, even if there is no ‘moral’ right to fetal destruction once ectogestation becomes a reality, societies ought not to implement legal prohibitions on a pregnant person’s ability to safely obtain an abortion that results in fetal death because such laws are systemically misogynistic. (shrink)

Several influential organisations have attempted to quantify the costs and benefits of expanding access to interventions-like contraceptives-that are expected to decrease the number of pregnancies. Such health economic evaluations can be invaluable to those making decisions about how to allocate scarce resources for health. Yet how the benefits should be measured depends on controversial value judgments. One such value judgment is found in recent analyses from the Disease Control Priority Network (DCPN) and the Study Group for the Global Investment Framework (...) for Women's and Children's Health. Noting the decrease in the number of pregnancies expected to result from providing access to family planning, DCPN and the Study Group claim that a substantial benefit of such interventions is averting the stillbirths and child deaths that would have resulted from those pregnancies. We argue that health economic analyses should not count such averted deaths as benefits in the same way as saved lives. First, by counting averted stillbirths and child deaths as a benefit but not counting as a cost the lives of babies who survive, DCPN and the Study Group implicitly commit themselves to antinatalism. Second, this method for calculating the benefits of family planning interventions implies that infertility treatments are harmful. Determining how potential people should be treated in health economic analyses will require grappling with population ethics. (shrink)

It is worth exploring the longstanding preoccupation with the future that can be found throughout H. Odera Oruka's writings, especially the writings to be found in a retrospective collection of his essays on which he was working at the time of his death, Practical Philosophy: In Search of An Ethical Minimum. This practice of tracing the future results of actions of which people are presently engaged, in order to determine whether a change of course is needed, is not something (...) that Odera Oruka had to go to a university to learn. When Odera Oruka takes up Futures Studies, it is not to embrace a foreign way of thinking, but to find the international complement to the local approach well known and practiced by Africans. (shrink)

Perhaps the question “What is philosophy?” can only be posed late in life, when old age has come, and with it the time to speak in concrete terms. It is a question one poses when one no longer has anything to ask for, but its consequences can be considerable. One was asking the question before, one never ceased asking it, but it was too artificial, too abstract; one expounded and dominated the question, more than being grabbed by it. There are (...) cases in which old age bestows not an eternal youth, but on the contrary a sovereign freedom, a pure necessity where one enjoys a moment of grace between life and death, and where all the parts of the machine combine to dispatch into the future a trait that traverses the ages: Turner, Monet, Matisse. The elderly Turner acquired or conquered the right to lead painting down a deserted path from which there was no return, and that was no longer distinguishable from a final question. In the same way, in philosophy, Kant’s Critique of Judgment is a work of old age, a wild work from which descendants will never cease to flow.We cannot lay claim to such a status. The time has simply come for us to ask what philosophy is. And we have never ceased to do this in the past, and we already had the response, which has not varied: philosophy is the art of forming, inventing, and fabricating concepts. But it was not only necessary for the response to take note of the question; it also had to determine a time, an occasion, the circumstances, the landscapes and personae, the conditions and unknowns of the question. One had to be able to pose the question “between friends” as a confidence or a trust, or else, faced with an enemy, as a challenge, and at the same time one had to reach that moment, between dog and wolf, when one mistrusts even the friend. Gilles Deleuze was professor of philosophy at the University of Paris VIII, Vincennes-St.-Denis, until his retirement in 1987. Among his books translated into English are the two-volume Capitalism and Schizophrenia , the two-volume Cinema , The Logic of Sense , and Expressionism in Philosophy: Spinoza . Daniel W. Smith is a doctoral candidate in philosophy at the University of Chicago. He is at work on a study of the philosophy of Deleuze, and is translating Deleuze’s Francis Bacon: Logique de la sensation. Arnold I. Davidson, executive editor of Critical Inquiry, teaches philosophy at the University of Chicago and is currently Marta Sutton Weeks Fellow at the Stanford Humanities Center. (shrink)

According to the second law of thermodynamics, irreversible processes in an isolated system move towards the goal of reaching maximum entropy. In this state, mechanical work is converted to thermal energy and thermodynamic equilibrium occurs; which is determined by the equilibrium in temperature, pressure, etc. Assuming that the universe is an isolated system, the second law of thermodynamics states that the fate of the universe is a state of thermodynamic equilibrium in which all mechanical energies are converted to thermal energy (...) and the heat is dispersed all throughout the universe. In this state, there will be no movement and the universe will expire; an event called the “heat death”. This theory has certain theological implications that can serve as a proof for the perishability of the material world. And since decay implies creation, the heat death theory can be considered an argument in favor of the temporal originatedness of the material world. (shrink)

Appropriation art has often been thought to support the view that authorship in art is an outmoded or misguided notion. Through a thought experiment comparing appropriation art to a unique case of artistic forgery, I examine and reject a number of candidates for the distinction that makes artists the authors of their work while forgers are not. The crucial difference is seen to lie in the fact that artists bear ultimate responsibility for whatever objectives they choose to pursue through their (...) work, whereas the forger's central objectives are determined by the nature of the activity of forgery. Appropriation artists, by revealing that no aspect of the objectives an artist pursues are in fact built in to the concept of art, demonstrate artists' responsibility for all aspects of their objectives and, hence, of their products. This responsibility is constitutive of authorship and accounts for the interpretability of artworks. Far from undermining the concept of authorship in art, then, the appropriation artists in fact reaffirm and strengthen it. (shrink)

In August of 2000, Firestone executives initiated the second largest tire recall in U.S. history. Many of the recalled tires had been installed as original factory equipment on the popular Ford Explorer SUVs. At the time of the recall, the tires and vehicles had been linked to numerous accidents and deaths, most of which occurred when tire blowouts resulted in vehicle rollovers. While Firestones role in this case has been widely acknowledged, Ford executives have managed to deflect much of the (...) attention away from themselves, mainly by claiming that the Firestone tires were not its product, and therefore not its responsibility. In this paper, we examine the extent to which Ford can be held morally responsible for the incidents at issue. In so doing, we develop an approach for determining when an item is a product in its own right, as opposed to a component of another product. We argue that such an analysis not only provides a better understanding of this case, but also more properly accounts for the extent to which evolutions in technology and business relationships can affect issues of moral responsibility in business contexts. (shrink)

The recent publication of André Bazin's Écrits complets, an enormous two-volume edition of 3000 pages which increases ten-fold Bazin's available corpus, provides opportunities for renewed reflection on, and possibly for substantial revisions of, this key figure in film theory. On the basis of several essays, I propose a drastic rereading of Bazin's most explicitly philosophical notion of “ontology.” This all too familiar notion, long settled into a rather dust-laden couple nonetheless retains its fascination. Rather than attempting to provide a systematic (...) reworking of this couple along well established lines, particularly those defined by realism and indexicality, this article proposes to shift the notion of ontology in Bazin from its determination as actual existence toward a more radical concept of ontology based on the notion of mimesis, particularly as articulated, in a Heideggerian mode, by Philippe Lacoue-Labarthe. This more properly ontological concept, also paradoxically and radically improper, is shown to be at work already in Bazin's texts, and it allows us to see that far from simplistically naturalizing photographic technology, Bazin does the contrary: he technicizes nature. If Bazin says that the photograph is a flower or a snowflake, he also implies that, like photographs, these are likewise a kind of technical artifact, an auto-mimetic reproduction of nature. Bazin likewise refers to film as a kind of skin falling away from the body of History, an accumulating pellicule in which nature and history disturbingly merge. This shifted perspective on Bazin's thinking is extended further in reference to Georges Didi-Huberman on the highly mimetic creatures known as phasmids, insects that mimic their environement. I extend this into the dynamic notion of eternal return, an implicit dimension of Bazin's thinking, clarified here in reference to Giorgio Agamben and the “immemorial image” which, like Bazin's “Death Every Afternoon,” presents an eminently repeatable deathly image, an animated corpse-world that can be likened to hell. (shrink)

Myocardial disarray is the screening tool for HCM (hypertrophy cardiomyopathy). It is also found in hypertension, congenital heart disease, corpulmonale, etc. Many patients died from heart failure due to myocardial disarray. The risk of premature death may be determined by the degree of myocyte disarray. This article reviews the anatomical explanation of myocardial disarray. It also discusses the pathogenesis of the myocardial disorganization that causes heart failure. How to measure myocardial disarray has also been assessed. Therefore, early detection of (...) myocardial disarray is advised to prevent heart failure. (shrink)

Sentencing outcomes turn on moral and evaluative determinations. For example, a finding of “irreparable corruption” is generally a precondition for juvenile life without parole. A finding that the “aggravating factors outweigh the mitigating factors” determines whether a defendant receives the death penalty. Should such moral determinations that expose defendants to extraordinary penalties be subject to a standard of proof? A broad range of federal and state courts have purported to decide this issue “in the abstract and without reference to (...) our sentencing case law,” as the Supreme Court recently put it. Kansas v. Carr, 577 U.S. 108, 119 (2016). According to these courts, “it would mean nothing” to ask whether the defendant “deserves mercy beyond a reasonable doubt” or “more-likely-than-not deserves it” because moral questions are not “factual.” Instead, moral determinations are highly subjective “value calls” to which concepts of doubt and certainty do not intelligibly apply. -/- Implicit in these rulings is a controversial view of the nature of moral judgment. This Article traces the contours of the view and argues that it is out of step with the way the broader public thinks about morality and fails to address the issues defendants have raised. Courts should avoid wading into such controversial waters for two reasons. First, the judiciary has historically maintained neutrality on issues of significant public concern. Second, even if moral determinations are not factual, applying a standard of proof to at least some moral decisions at sentencing would change the outcome of the sentencer’s deliberations, and improve the legitimacy of the legal system. For the reasonableness of doubt depends on context; and moral questions—"are you certain the defendant deserves death?”—make salient the stakes relative to which a person should decide what to believe about ordinary empirical matters. On the resulting view, reasonable doubt in the final moral analysis is not just intelligible, but essential for correcting a bias in the structure of the bifurcated criminal trial that systematically disadvantages defendants: the tendency for de-contextualized "factual findings” in the guilt phase to control outcomes at sentencing. (shrink)

In these discussions between Mircea Eliade and Thomas Altizer we can recognise two important things: there are some points of contact between these two thinkers and some differences. The problem lies in determining whether or not these points of contact are simply two different ways of understanding the same concepts. On the one hand,“Death of God” theology was in vogue in the United States in the 1960s, but today has few adherents. However, a new evaluation of this theological movement (...) is necessary because we need to understand its possible impact on the renewal of Christianity. On the other hand, Eliade was considered an important scholar in the field of history of religions. In our time, many critics contest his influence in this field and criticize him for the fact that he relativizes Christianity. This new interpretation of both scholars was an opportunity to link the research in the theology with that in the history of religions, an important motive for our time. In ecumenical discussions, the link between research in both these fields is so important. The concept of coincidentia oppositorum, the understanding of the sacrality of our time, in different religions, and the new language for discussing with people of different faiths are the main preoccupations of the ecumenical movement. (shrink)

The enactive approach is becoming increasingly influential within the philosophy of cognition, to the extent that it is now one of the dominant models of embodied cognition—an umbrella term for a varied set of discourses sharing the view that our minds don’t just happen to be ‘in’ bodies, but are enabled, shaped and (at least partly) constituted by the specifics of our physicality. This chapter will argue that the rise of enactivism is particularly relevant to transhumanist discourses, and vice versa, (...) because their concerns intersect and conflict in vital ways. The discussion will use three core enactivist themes—organisational integrity, embodiment, and precarity—to draw out the kinds of tensions and intersections that enable enactivism and transhumanism to problematise one another. Enactivism defines life and cognition in terms of autonomy; that is, it posits that living systems generate and maintain themselves as porous yet bounded self-unities. This sets up a delicate balance—both for the enacting system and for enactivism itself—between the dual imperatives of adaptive self-creation and homeostasis. The system must change constantly in order to sustain itself, yet there is a limit to the system’s flexibility. Beyond a certain point, change means disintegration, and disintegration means death. This balance itself resonates within transhumanist discourses, in the tension between the promise of radical self-transformation and the concern about taking this too far. These discourses, however, also challenge enactivism’s potential to capture the full potential of the kinds of systems it describes. How do we determine the limits of morphological flexibility for cognisers as complex as ourselves? Are those limits fixed or malleable—and must integration always mean death, or can it facilitate redefinition? (shrink)

Remarkably, the theological discourse surrounding Hans Frei and postliberal theology has continued for nearly thirty years since Frei's death. This is due not only to the complex and provocative character of Frei's work, nor only to his influence upon an array of thinkers who went on to shape the theological field in their own right. It is just as indebted to the critical responses that his thinking continues to inspire. One recurrent point of criticism takes aim at Frei's use (...) of Ludwig Wittgenstein's later work for theological ends. In his recent book Liberalism versus Postliberalism: The Great Divide in Twentieth Century Theology, John Allan Knight challenges what he sees as Frei's dependence on problematic Wittgensteinian assumptions. This article raises a few concerns about Knight's charges against Frei. Specifically, I argue that Knight's account tends to conflate the work of Wittgenstein and Frei. It does this by undervaluing two determinative features of Frei's work: (1) its basic Christological orientation; and (2) its Christologically motivated use of ad hoc apologetics. I argue that the Wittgensteinian view that Knight attributes to Frei is not Frei's view at all, and is, moreover, a problematic account of Wittgenstein on its own terms. Finally, Knight's claim that Frei's work “depends upon” and “is suffused” with the understanding of Wittgenstein that Knight attributes to him is based upon an account of Frei's treatment of the sensus literalis that is not entirely accurate. Without question, Knight does remarkable service to Frei's legacy by keeping important debates over his work alive. In what follows, I propose several points where I think Knight's account might be further enriched. The result, I hope, will be a more nuanced understanding of the ways that Frei actually appropriated and deployed Wittgenstein's thought. I will contextualize my account of Frei with reference both to Wittgenstein's writings and the literature surrounding his writings. Setting forth these accounts in tandem should help make further available Wittgenstein's work for subsequent work by postliberal theologians. (shrink)

Helen Frowe (2006/2010) contends that there is a substantial moral difference between killing and letting die, arguing that in Michael Tooley's infamous machine case it is morally wrong to flip a coin to determine who lives or dies. Here I argue that Frowe fails to show that killing and letting die are morally inequivalent. However, I believe that she has succeeded in showing that it is wrong to press the button in Tooley's case, where pressing the button will change who (...) lives and dies. I argue that because killing and letting die are morally equivalent we have no reason to press the button in the machine case. Pressing the button in this case is morally wrong because there is no reason to do it; to press the button is to treat matters of life and death irreverently. (shrink)