Among various kinds of disclosures typically required in research as well as in clinical scenarios, risk information figures prominently. A key question is, what kinds of risk information would the reasonable person want to know? I will argue, however, that the reasonable person construct is and always has been incapable of settling this very question. After parsing the nebulous if not “contentless” character of the reasonable person, I will explain how Western courts have actually adjudicated cases of “negligent nondisclosure,” that (...) is, cases in which patient‐plaintiffs allege that their informed consent rights were violated by the failure of their health providers to inform them of reasonably foreseeable risks that subsequently materialized. To support my argument, I will scrutinize the landmark decision by the United Kingdom's Supreme Court in Montgomery v. Lanarkshire Health Board and, in particular, Justice Brenda Hale's concurrence. (shrink)

In January 2004 Baroness Brenda Hale became the first woman to sit on the Appellate Committee of the House of Lords. Five years on, she has brought to her judicial role a lightness of touch that belies her increasingly significant impact on the court’s jurisprudence. Early forecasts that she would be “just a bit different” from her male companions have proved prophetic. However such assessments have stemmed primarily from a focus on her decision-making on a case-by-case basis. But (...) what of her jurisprudence as a whole? This paper considers arguments for a more sustained and coherent methodological approach to analyses of Baroness Hale’s (and other judges’) jurisprudence as a framework through which to better understand and explore the potential of judicial difference and to better inform current debates about increasing judicial diversity in England and Wales. (shrink)

The grand and sweeping claims of many relativists might seem to amount to the argument that everything is relative--except the thesis of relativism. In this book, Steven Hales defends relativism, but in a more circumscribed form that applies specifically to philosophical propositions. His claim is that philosophical propositions are relatively true--true in some perspectives and false in others. Hales defends this argument first by examining rational intuition as the method by which philosophers come to have the beliefs they do. Analytic (...) rationalism, he claims, has a foundational reliance on rational intuition as a method of acquiring basic beliefs. He then argues that there are other methods that people use to gain beliefs about philosophical topics that are strikingly analogous to rational intuition and examines two of these: Christian revelation and the ritual use of hallucinogens. Hales argues that rational intuition is not epistemically superior to either of these alternative methods. There are only three possible outcomes: we have no philosophical knowledge ; there are no philosophical propositions ; or there are knowable philosophical propositions, but our knowledge of them is relative to doxastic perspective. Hales defends relativism against the charge that it is self-refuting and answers a variety of objections to this account of relativism. Finally, he examines the most sweeping objection to relativism: that philosophical propositions are not merely relatively true, because there are no philosophical propositions--all propositions are ultimately empirical, as the naturalists contend. Hales's somewhat disturbing conclusion--that intuition-driven philosophy does produce knowledge, but not absolute knowledge--is sure to inspire debate among philosophers. (shrink)

This volume provides a survey of contemporary philosophy of language. As well as providing a synoptic view of the key issues, figures, concepts and debates, each essay makes new and original contributions to ongoing debate.

Indeed, data from impaired performance have often played a central role in our understanding of the skills and abilities of the human mind/brain This volume ...

Bob Hale presents a broadly Fregean approach to metaphysics, according to which ontology and modality are mutually dependent upon one another. He argues that facts about what kinds of things exist depend on facts about what is possible. Modal facts are fundamental, and have their basis in the essences of things--not in meanings or concepts.

This is an important collection of works, from an international team of authors, on corporate power and its justification and authority. It highlights the growing importance of corporate governance issues, an area which now has unprecedented coverage by the media in the commercial sector and is increasingly important in business schools.

In this new, revised and expanded edition of her classic introduction, Brenda Almond takes the reader on a progressive exploration through the main areas of contemporary philosophy.

Despite a growing body of research by management scholars to understand and explain failures in ethical decision making (EDM), misconduct prevails. Scholars have identified character, founded in virtue ethics, as an important perspective that can help to address the gap in organizational misconduct. While character has been offered as a valid perspective in EDM, current theorizing on how it applies to EDM has not been well developed. We thus integrate character, founded in virtue ethics, into Rest’s (1986) EDM model to (...) reveal how shifting attention to the nature of the moral agent provides critical insights into decision making more broadly and EDM specifically. Virtue ethics provides a perspective on EDM that acknowledges and anticipates uncertainties, considers its contextual constraints, and contemplates the development of the moral agent. We thus answer the call by many scholars to integrate character in EDM in order to advance the understanding of the field and suggest propositions for how to move forward. We conclude with implications of a character-infused approach to EDM for future research. (shrink)

This article presents Paul Ricœur’s hermeneutic of the productive imagination as a methodological tool for understanding the innovative social function of texts that in exceeding their semantic meaning, iconically augment reality. Through the reasoning of Rastafari elder Mortimo Planno’s unpublished text, Rastafarian: The Earth’s Most Strangest Man, and the religious and biblical signification from the music of his most famous postulate, Bob Marley, this article applies Paul Ricœur’s schema of the religious productive imagination to conceptualize the metaphoric transfer from text (...) to life of verbal and iconic images of Rastafari’s hermeneutic of word, sound and power. This transformation is accomplished through what Ricœur terms the phenomenology of the iconic augmentation of reality. Understanding this semantic innovation is critical to understanding the capacity of the religious imagination to transform reality as a proclamation of hope in the midst of despair. (shrink)

Restorative justice should have greater weight as a criterion in criminal justice sentencing practice. It permits a realistic recognition of the kinds of harm and damage caused by offences, and encourages individualized non-custodial sentencing options as ways of addressing these harms. Non-custodial sentences have proven more effective than incarceration in securing social reconciliation and preventing recidivism, and they avoid the serious social and personal costs of imprisonment. This paper argues in support of restorative justice as a guiding idea in sentencing. (...) As part of this defence, it considers whether the use of the idea of restorative justice will conflate criminal law with civil law or displace the authority of the criminal courts, and whether the sentences it recommends are best thought of as punishments or alternatives to punishment. (shrink)

Recent work in applied ethics has advanced a raft of arguments regarding individual responsibilities to address collective challenges like climate change or the welfare and environmental impacts of meat production. Frequently, such arguments suggest that individual actors have a responsibility to be more conscientious with their consumption decisions, that they can and should harness the power of the market to bring about a desired outcome. A common response to these arguments, and a challenge in particular to act-consequentialist reasoning, is that (...) it “makes no difference” if one takes conscious consumption action or not – that one is “causally impotent” to change an outcome. In this paper, I break causal impotence objections into three distinct lines of argument and present causal indeterminacy as a third, unexplored variation of much more common causal impotence lines. I suggest that the causal indeterminacy argument presents additional challenges to consequentialist moral theory because it acknowledges that individual actions can have an impact on outcome, but suggests instead that the outcome can neither be known nor secured by the action itself. (shrink)

Reviewed Works:Hartry Field, Realism, Mathematics and Modality.Hartry Field, Introduction: Fictionalism, Epistemology and Modality.Hartry Field, Realism and Anti-Realism About Mathematics.Hartry Field, Is Mathematical Knowledge Just Logical Knowledge?.Hartry Field, On Conservativeness and Incompleteness.Hartry Field, Platonism for Cheap? Crispin Wright on Frege's Context Principle.Hartry Field, Peter D. Asquith, Philip Kitcher, Can We Dispense with Space-Time?.Hartry Field, Realism, Mathematics and Modality.

v. 1. Cosmology - exploration -- v. 2. The Origin of Life: The Miller-Urey Experiment - Ethical Principles for Medical Research Involving Human Subjects.

This book is a collection of essays written by Bob Hale (three co-authored), with a critical introduction from Kit Fine. They comprise Hale’s final years of work, adding to and extending beyond his landmark monograph Necessary Beings: An Essay on Ontology, Modality, and the Relations Between Them (OUP, 2013, 2nd edition 2015). The essays develop and consolidate several key themes in Hale’s work, most notably the notion of definition, especially as it extends beyond definition of a word (...) to definition of a thing more generally, and its relations to essence and existence; how the recently influential notion of truthmaking relates to and illuminates some of these issues; and ontological questions connected with Hale’s metaphysical commitments on the one hand, and his commitments in the foundations of mathematics on the other. Several of the essays engage with and respond to work by Kit Fine, and contributions to Being Necessary: Themes of Ontology and Modality from the Work of Bob Hale (OUP 2018). As such, these essays also demonstrate a rich and fruitful philosophical dialogue between Hale and his critics and friends. (shrink)

BackgroundSocial media has globalised compassion enabling requests for donations to spread beyond geographical boundaries. The use of social media for medical crowdfunding links people with unmet healthcare needs to charitable donors. There is no doubt that fundraising campaigns using such platforms facilitates access to financial resources to the benefit of patients and their caregivers.Main textThis paper reports on a critical review of the published literature and information from other online resources discussing medical crowdfunding and the related ethical questions. The review (...) highlighted the benefits of crowdfunding as well as the under-exploration of the risk of having patients’ desires and human rights undermined during online fundraising campaigns. Majority of these campaigns get initiated on behalf of the patients, especially the very sick and dependant. The ethical questions raised relate to the voluntariness of informed consent and the possibility of patients being used as a means to an end. Vulnerability of patients may expose them to coercion, undue influence, manipulation, and violation of their human rights. The success of these campaigns is influenced by the digital skills, pre-existing social networks and, the emotional potency. Healthcare is a public good, and online market forces should not determine access to essential health services. The benefits of crowdfunding cannot be subverted, but it can perpetuate unintended injustices, especially those arising from socio-economic factors.ConclusionsPolicymakers ought to monitor the utilisation of crowdfunding sites to identify policy failures and unmet essential health care needs responsible for driving individuals to use these platforms. The upholding of human rights and the fundamental respect of the individual’s wishes is a moral imperative. The need for an ethics framework to guide different stakeholders during medical crowdfunding needs further examination. (shrink)

Proposes a dynamic new approach to the production of knowledge on Africa, one that is global, multiple and heterogeneous, elucidating this through both discursive theoretical chapters and case histories.

Traditional philosophy relies heavily on the use of rational intuition to establish theses and conclusions. This essay takes up the matter of intuition and argues for a stunning conclusion: appeal to rational intuition is epistemically justified only if a form of foundationalism is true. This type of foundationalism is the thesis that there is at least one proposition whose justification depends on nothing other than itself. The article also argues that unless we can establish that some intuitions are justified, philosophy (...) as an enterprise that provides non-empirical knowledge is impossible. Not to put too fine a point on it then: philosophy is possible only if foundationalism is true. Whether this should be construed as the strongest possible defense of foundationalism, or the greatest objection to the pretensions of philosophy is left to the reader. (shrink)

Born in Bolton on 13 July 1938, the son of a mill-worker, Martin William Doyle was educated at St Joseph's R.C. primary school and then, having obtained an academic scholarship, at Thornleigh Salesian College. He entered the Order of Friars Minor at the age of 16, made his solemn profession the day after his twenty-first birthday and was ordained to the priesthood on 16 July 1961, which required a dispensation in view of his young age. This was followed by studies (...) in Rome at the Athenaeum Antonianum, 1962-64, where Doyle trained as an ecclesiastical historian and where he received his doctorate summa cum laude, obtaining maximum possible marks.Inspired by Vatican Council II Doyle was at the forefront of the renewal... (shrink)

In this paper, we present an argument strengthening the view of Norman Daniels, Bruce Kennedy and Ichiro Kawachi that justice is good for one's health. We argue that the pathways through which social factors produce inequalities in sleep more strongly imply a unidirectional and non-voluntary causality than with most other public health issues. Specifically, we argue against the 'voluntarism objection' – an objection that suggests that adverse public health outcomes can be traced back to the free and voluntary choices of (...) individual actors. Our argument proceeds along two lines: an empirical line and a conceptual line. We first show that much of the empirical research on sleep supports the view that those with fewer opportunities are those who have poorer sleep habits. We then argue that sleep-related decisions are not of the same nature as most other lifestyle choices, and therefore are not as easily susceptible to the voluntarism objection. (shrink)