This issue’s “Legal Briefing” column covers recent legal developments involving voluntarily stopping eating and drinking (VSED). Over the past decade, clinicians and bioethicists have increasingly recognized VSED as a medically and ethically appropriate means to hasten death. Most recently, in September 2013, the National Hospice and Palliative Care Organization (NHPCO) called on its 2,000 member hospices to develop policies and guidelines addressing VSED. And VSED is getting more attention not only in healthcare communities, but also in the general public. For (...) example, VSED was recently highlighted on the front page of the New York Times and in other national and local media. Nevertheless, despite the growing interest in VSED, there remains little onpoint legal authority and only sparse bioethics literature analyzing its legality. This article aims to fill this gap. Specifically, we focus on new legislative, regulatory, and judicial acts that clarify the permissibility of VSED. We categorize these legal developments into the following seven categories: 1. Definition of VSED2. Uncertainty Whether Oral Nutrition and Hydration Are Medical Treatment3. Uncertainty Regarding Providers’ Obligations to Patients Who Choose VSED4. Judicial Guidance from Australia5. Judicial Guidance from the United Kingdom6. Judicial Guidance from Canada7. Case of Margot Bentley. (shrink)

Within the fields of social medicine and the medical humanities, chronic illness is acknowledged not just as an individually but as a socially transformative experience. The proliferation of published ‘illness narratives’ in recent years attests to the socially compelling nature of this particular story of transformation. Indeed, illness narratives have, in the past decade or so, become a rich source of interest in sociological and medical anthropological work for their capacity to map the material transformation of person to patient, of (...) an assumed to a newly fluid model of subjectivity. Their significance is particularly visible in the cultural context of the west, where more people live both to be diagnosed with chronic illnesses (such as cancer) and to survive them. With a focus on two recently published Australian works, Eating the Underworld: A Memoir in Three Voices (2001), by the psychologist Doris Brett, and Tiger’s Eye: A Memoir (2001), by the historian Inga Clendinnen, this paper will consider how the illness experience marks a transformation of embodied subjectivity that, in turn, triggers transformations of other kinds. These works have quite different intents, but they provide models for exploring how physical and individual transformation through illness becomes the occasion for reconsidering the body of history, and of the resonances of history in social memory. (shrink)

Testimony and witnessing require sentiency, not humanity. Sentiency is distinguished here as the capacity to experience energetic coalescing between elements/entities/presences and to derive a response from such encounters. Taking as its focal point the kincentric ecology and lifeworld of Yanyuwa Country in the south-west Gulf of Carpentaria, northern Australia, this paper strives to expand the conceptual roots for a discussion of testimony and witnessing through the principle of “unflattening.” Unflattening is a commitment of orientation, one that counteracts the type (...) of narrow, rigid thinking that is flatness, a condition in which humans are often unable to see past the boundaries of current frames of mind, the limits of our existence, our ontology, epistemic and moral habit (Sousanis, Unflattening (Harvard UP, 2015)). In a settler colonial context such as Australia, these are conditions which reflect a dominant epistemic tradition of the West, which relies upon certain ontological habits, reflective of a capitalist, modern, neo-liberal and individualistic tendency. But this is not the only Law and way of knowing that exists across the great landmass of Australia, mapped as it is by the languages and Laws of diverse Indigenous language groups. In Yanyuwa Country, communication between multifarious agents is common, ranging from those between humans, deceased kin who reside as “old people” in Country, Ancestral Beings which have become the embodiment of Country, non-human animals, elements, objects and places. Each and all are capable of communicating; be it as expressions of recognition of one another, revelation of emotional states, health or disorder, responsivity to the presence of others, Law and local empiricism. Drawing on my ethnographic encounters with Yanyuwa families, I aim, throughout this paper, to unflatten on three fronts: first, expand the relational scope of potential communicative pathways to take in sentient presence as a catalyst for relationality (carried forth by responsiveness to and between presences), second, examine the multidimensional nature of testimony and third, expand our vision of the enactment of witnessing – to consider who, what and when. I consider Indigenous, specifically Yanyuwa, relational ontologies as they bond and unify the human and non-human across a field of sentiency and communicative intention, shifting the focus or primal orientation to either side of and all around the human. (shrink)

Alasdair MacIntyre described the late modern West as driven by two moral values: efficiency and effectiveness. Regardless of whether you accept MacIntyre's overarching story, it seems clear that efficiency and effectiveness have achieved a zenith in institutional health care structures, such that these two aspects of care become the final arbiters of what counts as “good” care. At the very least, they are dominant in many clinical contexts and act as the interpretative lens for the judgments of successful health (...) care managers. The drive of efficiency can also be seen in “lean” management methods (originally imported from the automotive manufacturing industry) increasingly deployed in the intensive care unit. This drive gives us pause. The high stress of the ICU is exacerbated by the enormous complexity of technological interventions designed to maintain physiological functioning as the body heals, as well as the ever‐present concerns related to cost, effectiveness, and efficiency. The ICU, therefore, provides an illustrative view of the challenges facing clinicians, as well as resource managers, in terms of delivering care. In short, the goal of technocratic efficiency often ends up at odds with humane purposes. To better understand these contemporary health care dynamics, we conducted a limited series of focus group discussions and interviews with residents experienced in the challenges of delivering care in the ICU environment. In what follows, we highlight some narrative observations drawn from these focus groups. We found a recurrent and disconcerting refrain among our informants that has not been adequately described or addressed in the literature: technocratic management techniques have crept into and bifurcated clinical care strategies in the ICU. Specifically, we highlight the influence of concerns around efficiency and effectiveness and the ways in which these foci have contributed to a bifurcation in care in the ICU along two trajectories: either compassionate care or curative care. (shrink)

Continental Philosophy Beyond "the" Continent / Brian Treanor -- Prometheus' Gift of Fire and Technics: Contemplating the Meaning of Fire, Affect, and Californian Pyrophytes in the Pyrocene / Marjolein Oele -- The West as Slaughterbench: Thinking without Revolutions in the American West / Christopher Lauer -- The End of the West: The Time of Apocalypse in the Westerns of Cormac McCarthy / Amanda Parris -- The Trees of the West: Our Elders, Our Teachers / Andrew (...) Jussaume -- Thinking Wolves / Thomas Thorpe -- Robert Smith, Entropic Art, and the West / Shannon M. Mussett -- "Westering" and "BreakingThrough": Zen Buddhism on Cannery Row / Gerard Kuperus -- Life in Interregnum: Deleuze, Guattari, and Atleo / Russell Duvernoy -- Monstrous Topologies: Edward Abbey, Reiner Schürmann, and the Fate of the American West / Josh Hayes -- Turtle Island Anarchy / Jason Wirth. (shrink)

At a time when some modicum of formal gender equality has been won in many late‐capitalist societies of the West, what explains the persistence of practices that extract labor and value from women and girls while granting a “surplus” of value to men and boys? Gendered shame is a central mechanism of the apparatus that secures the continued subordination of women across a number of class and race contexts in the mediatized, late‐capitalist West. Focusing on the story of (...) Amanda Todd, two forms of shame are distinguished. “Ubiquitous shame” is that shame that accrues to feminine existence as such, and is structured in relation to a futural temporality of redemption. “Unbounded shame” is a brute form of value‐extraction that has found its ecological niche in social media—and destroys all futural aspirations. (shrink)

For much of the 20th century, vulnerability to deprivations of health has often been defined by geographical and economic factors. Those in wealthy, usually ‘Northern’ and ‘Western’, parts of the world have benefited from infrastructures, and accidents of geography and climate, which insulate them from many serious threats to health. Conversely, poorer people are typically exposed to more threats to health, and have lesser access to the infrastructures needed to safeguard them against the worst consequences of such exposure. However, in (...) recent years the increasingly globalized nature of the world’s economy, society and culture, combined with anthropogenic climate change and the evolution of antibiotic resistance, has begun to shift the boundaries that previously defined the categories of person threatened by many exogenous threats to health. In doing so, these factors expose both new and forgotten similarities between persons, and highlight the need for global cooperative responses to the existential threats posed by climate change and the evolution of antimicrobial resistance. In this article, we argue that these emerging health threats, in demonstrating the similarities that exist between even distant persons, provides a catalyst for global solidarity, which justifies, and provides motivation for, the establishment of solidaristic, cooperative global health infrastructures. (shrink)

Oxford Scholarly Classics is a new series that makes available again great academic works from the archives of Oxford University Press. Reissued in uniform series design, the reissues will enable libraries, scholars, and students to gain fresh access to some of the finest scholarship of the last century.

The right to conscientious objection in the provision of healthcare is the subject of a lengthy, heated and controversial debate. Recently, a new dimension was added to this debate by the US Supreme Court's decision in Burwell vs. Hobby Lobby et al. which effectively granted rights to freedom of conscience to private, for-profit corporations. In light of this paradigm shift, we examine one of the most contentious points within this debate, the impact of granting conscience exemptions to healthcare providers on (...) the ability of women to enjoy their rights to reproductive autonomy. We argue that the exemptions demanded by objecting healthcare providers cannot be justified on the liberal, pluralist grounds on which they are based, and impose unjustifiable costs on both individual persons, and society as a whole. In doing so, we draw attention to a worrying trend in healthcare policy in Europe and the United States to undermine women's rights to reproductive autonomy by prioritizing the rights of ideologically motivated service providers to an unjustifiably broad form of freedom of conscience. (shrink)

Two critical thinking skills—the tendency to avoid myside bias and to avoid one-sided thinking—were examined in three different experiments involving over 1200 participants and across two different paradigms. Robust indications of myside bias were observed in all three experiments. Participants gave higher evaluations to arguments that supported their opinions than those that refuted their prior positions. Likewise, substantial one-side bias was observed—participants were more likely to prefer a one-sided to a balanced argument. There was substantial variation in both types of (...) bias, but we failed to find that participants of higher cognitive ability displayed less myside bias or less one-side bias. Although cognitive ability failed to associate with the magnitude of the myside bias, the strength and content of the prior opinion did predict the degree of myside bias shown. Our results indicate that cognitive ability—as defined by traditional psychometric indicators—turns out to be surprisingly independent of two of the most important critical thinking tendencies discussed in the literature. (shrink)

Despite great advances in understanding genetic mechanisms, there still exists a bias toward equating genes with innate modules that determine important developmental events. But genes are equally relevant to understanding developmental plasticity shaped by ecological events. In other words, the term 'genetic inheritance' does not specify ontogenetic mechanisms. Here we present a case history of a species assumed to be under the control of prespecified genetic wiring to direct critical behavioral events such as communication and mating. We show, however, that (...) exogenetic processes stemming from the species's ontogenetic niche provide an alternative view of the flexibility of development especially with respect to behavioral performance. (shrink)

Where Medicine Went Wrong explores how the idea of an average value has been misapplied to medical phenomena, distorted understanding and lead to flawed medical ...

The Christian tradition affirms that faith is a virtue. Faith is a multifaceted reality, though, encompassing such diverse aspects as belief, trust, obedience, and more. Given this complexity, it is no surprise that various thinkers emphasize different aspects of faith in accounting for faith’s status as a virtue. In this paper I join Søren Kierkegaard in arguing that faith is a passion, and that faith is a virtue because it disposes the person of faith to proper emotional responses. The paper (...) has three sections. First, I lay the groundwork for understanding faith as a passion by explaining the relationship between passions and emotions. Drawing on the works of Kierkegaard, Merold Westphal, and Robert C. Roberts, I distinguish two senses of passion, and show how these senses are related to each other and to faith. The second section uses the account of faith developed in Concluding Unscientific Postscript to develop the idea that passional faith is a deep, identity-forming attachment to God. Finally, I explicate the idea that passional faith, so understood, functions as an emotion disposition. I do so by expounding part one of Kierkegaard’s Christian Discourses, which explores some of the ways in which faith disposes one away from certain emotions and toward other emotions. (shrink)

The recent confirmation of the constitutionality of the Obama administration’s Patient Protection and Affordable Care Act (PPACA) by the US Supreme Court has brought to the fore long-standing debates over individual liberty and religious freedom. Advocates of personal liberty are often critical, particularly in the USA, of public health measures which they deem to be overly restrictive of personal choice. In addition to the alleged restrictions of individual freedom of choice when it comes to the question of whether or not (...) to purchase health insurance, opponents to the PPACA also argue that certain requirements of the Act violate the right to freedom of conscience by mandating support for services deemed immoral by religious groups. These issues continue the long running debate surrounding the demands of religious groups for special consideration in the realm of health care provision. In this paper I examine the requirements of the PPACA, and the impacts that religious, and other ideological, exemptions can have on public health, and argue that the exemptions provided for by the PPACA do not in fact impose unreasonable restrictions on religious freedom, but rather concede too much and in so doing endanger public health and some important individual liberties. (shrink)

In the long section of anapaests with which they make their entry, the old men of Argos methodically deliver three essential messages to the audience: 40–71. It is the tenth year of the Trojan War. 72–82. We are men who were too old to go and fight in it. 83–103. Some new situation seems to be indicated by the fact that Clytemnestra is organizing sacrifices throughout the town.

Histories of literature tend to treat Stesichorus as just one of the lyric poets, like Alcman or Anacreon. But the vast scale of his compositions puts him in a category of his own. It has always been known that his Oresteia was divided into more than one book; P. Oxy, 2360 gave us fragments of a narrative about Telemachus of a nearly Homeric amplitude; and from P. Oxy. 2617 it was learned that the Geryoneis contained at least 1,300 verses, the (...) total being perhaps closer to two thousand. Even allowing for the shorter lines, this was as long as many an epic poem. Indeed, these were epic poems, in subject and style as well as in length: epics to be sung instead of recited. What was behind them ? Who was this Stesichorus, and how did he come to be, in Quintilian's phrase, ‘sustaining on the lyre the weight of epic song’ ? The biographical problem must be tackled first. The question of Stesichorus’ historical setting and date is confused by legendary elements as well as by contradiction in the sources. On the whole scholars remain spellbound by the specious precision of the Suda's dates , although it has long been realized that they are founded on nothing but the assumption that Stesichorus was younger than Alcman and older than Simonides. There have been excellent discussions by Wilamowitz and Maas, but they seem to have had little influence. (shrink)

This paper examines the impact of education reforms on school admissions policies and practices. It discusses the changes that are needed to improve the current system, especially in areas where the market is highly developed. It is concluded that the new legislation to be enacted by the current Labour Government should be beneficial, but that more far-reaching changes are needed for the admissions process to be equitable, transparent and accountable.

The field of quantitative analysis is often mistaken to be a discipline free from ethical burdens. The quantitative financial analyst or “quant” profession holds a position of significant responsibility as the keeper of mathematical models used in complex derivative security pricing and risk management. Despite this responsibility very few postgraduate programs address the teaching of ethics and professional standards in their curriculum, and the credibility of the profession has suffered as a result of several high-profile financial losses. Some of these (...) failures could have been avoided and their impacts diminished if ethical considerations were integrated with quantitative method. Appropriate development in ethics education for quants is needed to identify points in the decision-making process where ethical questions can arise, and to explain how quants can protect stakeholders from the costs of unethical behaviour. An approach to ethics education needs to be flexible and allow for different methods to infuse ethical coverage into the course. Such an approach will go some way towards aligning the profession with other specialisations in banking and avoid the need for complex and unnecessary regulation. (shrink)

The Psychology of Meditation: Research and Practice explores the practice of meditation and mindfulness and presents accounts of the cognitive and emotional processes elicited during meditation practice. Written by researchers and practitioners with considerable experience in meditation practice and from different religious or philosophical perspectives, he book examines the evidence for the effects of meditation on emotional and physical well-being in therapeutic contexts and in applied settings. The areas covered include addictions, pain management, psychotherapy, physical health, neuroscience and the application (...) of meditation in school and workplace settings. Uniquely, the contributors also present accounts of their own personal experience of meditation practice including their history of practice, phenomenology, and the impact it has had on their lives. (shrink)

Background: The development of implicit tests for measuring biases and behavioral predispositions is a recent development within psychology. While such tests are usually researched within a social-cognitive paradigm, behavioral researchers have also begun to view these tests as potential tests of conditioning histories, including in the sexual domain. Objective: The objective of this paper is to illustrate the utility of a behavioral approach to implicit testing and means by which implicit tests can be built to the standards of behavioral psychologists. (...) Design: Research findings illustrating the short history of implicit testing within the experimental analysis of behavior are reviewed. Relevant parallel and overlapping research findings from the field of social cognition and on the Implicit Association Test are also outlined. Results: New preliminary data obtained with both normal and sex offender populations are described in order to illustrate how behavior-analytically conceived implicit tests may have potential as investigative tools for assessing histories of sexual arousal conditioning and derived stimulus associations. Conclusion: It is concluded that popular implicit tests are likely sensitive to conditioned and derived stimulus associations in the history of the test-taker rather than ‘unconscious cognitions’, per se. Keywords: implicit association test; function acquisition speed test; relational frame theory; stimulus equivalence; sex offenders; sexual interests (Published: 15 March 2012) Citation: Socioaffective Neuroscience & Psychology 2012, 2 : 17335 - DOI: 10.3402/snp.v2i0.17335. (shrink)

Since 1992, the quality daily national press in England has published the examination results of secondary schools. In this paper, we discuss the policy context, the results that are published, how they are used by parents making preferences for secondary schools and the consequences of their publication. Overall, the publication of examination results has created a range of incentives for those in the education market place. These incentives serve to strengthen the position of certain categories of pupils on the one (...) hand and certain types of schools on the other. The findings are discussed in the context of the Labour Government's focus on those at risk of social exclusion. Modified and additional indicators are proposed to mitigate the effects of the newly created quasi-market in education. 'League tables' are here to stay, for once information is in the public domain it cannot easily be suppressed. (shrink)

Quantitative analysts or “Quants” are a source of competitive advantage for financial institutions. They occupy the relatively powerful but often misunderstood role of modeling, structuring, and pricing complex financial instruments in the capital markets. But Quants often function in a discipline free from ethical burdens. Models used to price complex instruments are usually beyond the mathematical understanding of financial sector participants who rely heavily on the integrity of the Quant who built them. Although there has been some attempt to cover (...) the ethics of mathematics applied to the capital markets, designing a set of rules to guide the ethical behavior of Quants cannot be made explicit and remains inexpressible. Because Quants generally experience a sense of detachment from moral obligation, there is a growing need to convert moral detachment into engagement. Our framework is indebted to key elements of Wittgenstein’s practical ethics philosophy and Rawls’ justice principle. The burden of balancing justice as fairness as defined by Rawls with the inability to explicitly articulate ethical rules as defined by Wittgenstein must fall to the Quant. We propose that the threshold delineating the barrier between ethical detachment and engagement can only be defined by the Quants themselves. It is their moral duty to disclose their level of ethical engagement when their models are put into practice. (shrink)

This paper focuses on school choice and the extent to which admissions to publicly-funded secondary schools in England address issues of equity and social justice. It argues that schools with responsibility for their own admissions are more likely than others to act in their own self interest by 'selecting in' or 'creaming' particular pupils and 'selecting out' others. Given this, it is argued that individual schools should not be responsible for admissions. Instead, admissions should be the responsibility of a local (...) authority (or non-partisan body); this body should make decisions about who should be allocated to which school on the basis of the expressed wishes of the parents, and the admissions criteria of the school in question. Admissions criteria should be objective, clear and fair and the admissions system itself should address issues of equity and social justice. It is argued that systems where there are some 'controls' on the choice process should be facilitated to address equity and social justice considerations which can benefit individuals and communities. (shrink)

Friedrich Schleiermacher is the father of modern philosophical hermeneutics. His Copernican Revolution in hermeneutics shifted the focus from understanding texts to the process of understanding itself. In this essay, I shall argue that Schleiermacher's valiant attempt to provide an acceptable hermeneutical theory to overcome the distance between speakers and listeners, readers and authors is unsuccessful owing to his acceptance of The Myth of the Given. The Myth of the Given is a philosophical doctrine held most notably by Cartesian and Kantian (...) thinkers. Its rests upon a particular view of langauge and the relation of language to consciousness and awareness. I will try to show that The Myth of the Given is untenable by sketching three contemporary attacks on it-those of Martin Heidegger, Jacques Derrida and Ludwig Wittgenstein. Lastly, I will suggest implications these attacks have for the future of philosophy and theology. (shrink)