Ectogenesis, or the use of an artificial womb to allow a foetus to develop, will likely become a reality within a few decades, and could significantly affect the abortion debate. We first examine the implications for Judith Jarvis Thomson’s violinist analogy, which argues for a woman’s right to withdraw life support from the foetus and so terminate her pregnancy, even if the foetus is granted full moral status. We show that on Thomson’s reasoning, there is no right to the death (...) of the foetus, and abortion is not permissible if ectogenesis is available, provided it is safe and inexpensive. This raises the question of whether there are persuasive reasons for the right to the death of the foetus that could be exercised in the context of ectogenesis. Eric Mathison and Jeremy Davis have examined several arguments for this right, doubting that it exists, while Joona Räsänen has recently criticized their reasoning. We respond to Räsänen’s analysis, concluding that his arguments are unsuccessful, and that there is no right to the death of the foetus in these circumstances. (shrink)

In two recent papers, Christian List and Philip Pettit have argued that there is a problem in the aggregation of reasoned judgements that is akin to the aggregation of the preference problem in social choice theory. 1 Indeed, List and Pettit prove a new general impossibility theorem for the aggregation of judgements, and provide a propositional interpretation of the social choice problem that suggests it is a special case of their impossibility result. 2 Specifically, they show that no judgement aggregation (...) function for a group is possible if the group seeks to satisfy certain `minimal conditions' designed to ensure that the function is both responsive to the individually rational views of its members and collectively rational in the set of judgements it holds. In this article, I resist the List and Pettit claim that there is the same propensity for collective irrationality or incoherence in the aggregation of reasoned judgements as there is in the aggregation of preference. I argue that reason, because it has a logical structure that is lacking in mere preference, has the effect of giving priority to some aggregations over others, a priority that is not permitted by one of the conditions imposed by List and Pettit. This avoids the incoherence that would otherwise exist if these different aggregations, not consistent with one another, were to compete at the same level of priority. The priority of some aggregations is particularly apparent, I shall argue, if one views the aggregation of judgements through the lens of common law decision-making. Key Words: social choice • judgement • Condorcet jury theorem • collective rationality • public reason • doctrinal paradox • discursive dilemma. (shrink)

Legal decision-making emphasizes, in a very self-conscious way, the justificatory significance of reasons. This paper argues that the obligation to provide reasons for choices, which must be articulated and structured around a set of generally shared and publicly comprehensible categories of thought, can serve to make the space of possible choices ‘concept sensitive’ in a very useful way. In particular, concept sensitivity has the effect of restricting certain movements within the choice space so that some of the systematic difficulties in (...) achieving an equilibrium in social choice which arise out of an excess of rational doing are avoided. The resulting equilibrium is path dependent. But because it is dependent on a choice path which ‘makes sense’ (or is ordered by thought precisely because it is concept sensitive), it is not the sort of arbitary path-dependent social choice which originally concerned Kenneth Arrow. This paper illustrates these points with examples from criminal law procedure, contract law and constitutional law. (shrink)

William Simkulet has recently criticised Colgrove et al’s defence against what they have called inconsistency arguments—arguments that claim opponents of abortion (OAs) act in ways inconsistent with their underlying beliefs about human fetuses (eg, that human fetuses are persons at conception). Colgrove et al presented three objections to inconsistency arguments, which Simkulet argues are unconvincing. Further, he maintains that OAs who hold that the fetus is a person at conception fail to act on important issues such as the plight of (...) frozen embryos, poverty and spontaneous abortion. Thus, they are morally negligent. In response, we argue that Simkulet has targeted a very narrow group of OAs, and so his criticisms are inapplicable to most OAs. We then explain why his responses to each of Colgrove et al’s objections do not succeed, even for this restricted group. Finally, we note that Simkulet fails to provide evidence for his claims regarding OAs’ supposed failures to act, and we show that OAs veritably do invest resources into these important issues. We conclude that Colgrove et al’s reasons for rejecting inconsistency arguments (en masse) remain intact. (shrink)

Philosophers writing on the subject of human action have found it tempting to introduce their subject by raising Wittgenstein's question, 'What is left over if you subtract the fact that my arm goes up from the fact that I raise my arm?' The presumption is that something of particular interest is involved in an action of raising an arm that is not present in a mere bodily movement, and the philosopher's task is to specify just what this is. Unfortunately, such (...) an approach does not take us very far, since a person could properly be said to raise his (or her) arm while asleep or hypnotized even though he (or she) would not be performing an action in the sense of 'action' with which philosophers are particularly concerned. To avoid this kind of difficulty I shall approach the subject of human action is a more academic way: I shall expound some important rival theories of human action, and introduce the relevant issues by commenting critically on those theories. One of the issues I eventually introduce is a metaphysical one. A theory of action makes sense, I contend, only on the assumption that there are such 'things' as actions (or events). After considering some key arguments bearing on the issue I conclude that, as matters currently stand in philosophy, a metaphysically noncommittal attitude toward actions and events seems justified. (shrink)

A comprehensive introductory study of the key concepts and problems in traditional and contemporary metaphysics. Aune presents and defends a point of view that is naturalistic, nominalistic and pragmatic-an approach that has the overall advantage of providing a coherent, structured view of the topics he discusses.

Benjamin Zolf, in his recent paper ‘No conscientious objection without normative justification: Against conscientious objection in medicine’, attempts to establish that in order to rule out arbitrary conscientious objections, a reasonability constraint is necessary. This, he contends, requires normative justification, and the subjective beliefs that ground conscientious objections cannot easily be judged by normative criteria. Zolf shows that the alternative of using extrinsic criteria, such as requiring that unjustified harm must not be caused, are likewise grounded on normative criteria. He (...) concludes that conscientious objection is therefore untenable. Here, I present an alternative account, based on the value we are willing to place on conscientious objection as an expression of freedom of conscience and religion. Using an extrinsic criterion such as harm, we can make a judgement of what degree of harm should be tolerated as the cost of permitting conscientious objection. A normative criterion for judging individual claims is therefore not required. (shrink)

Solidarity corresponds to virtuous social behavior, including personal freedom and responsibility, civic friendship, benevolence, reciprocity, and cooperation. These attributes are fundamentally good for individual persons and communities of work. Solidarity is therefore vitally important to the practice of humanistic management. This paper aims to provide management insights into the cultivation of solidarity. The paper begins by developing a theoretical framework to understand solidarity in business context, with attention to philosophical and theological connotations. An empirical research model is presented in the (...) form of a survey instrument to test for indications of solidarity in the workplace, and this measure is used to test several hypotheses regarding the positive associations of solidarity with validated measures of workplace engagement. Research results show that it is possible to identify and analyze workplace behaviors associated with solidarity. Data analysis confirms the validity of the model and demonstrates the positive associations of the hypotheses, based on empirical study of 40 workplaces and 399 employees. Moreover, the condition of whether the workplace was a public or private organization was found to affect the main relationship between solidarity and workplace engagement. The paper concludes with suggestions for practicable, tangible workplace behaviors based on the model, offering guidance in the pursuit of humanistic management. (shrink)

Heartbeat bills are laws prohibiting abortion in most circumstances once a fetal heartbeat can be detected, and are common in US states. They have been criticised as poorly designed and disingenuous. In this letter to the editor I examine these criticisms.

Si le concept husserlien de passivité a fasciné toute une génération de philosophes (Merleau-Ponty, Landgrebe, Levinas, Henry), il a rarement fait l'objet d'une étude qui adopte la perspective du fondateur de la phénoménologie. Sa célébrité a comme masqué sa spécificité, créant une sorte de doctrine officielle de la passivité qui a, en fin de compte, peu de choses à voir avec la pensée et les intentions de Husserl. En effet, là où les phénoménologues contemporains voient dans la passivité la zone (...) d'ombre où le programme d'une phénoménologie transcendantale et subjective s'effondrerait, Husserl considère, de son côté, qu'elle appartient sans reste à la sphère de la constitution et qu'elle consolide par conséquent son transcendantalisme. Loin d'être un domaine de sens irréductible à la rationalité, elle représente même le fondement des opérations de la pensée catégoriale. C'est en son sein que doivent être cherchées les « sources » des formes supérieures de la logique. Toute passive et préconsciente qu'elle soit, l'expérience antéprédicative appartient sans reste pour Husserl au sujet transcendantal et ne le destitue donc pas de sa position centrale et primordiale. Ce travail s'attache ainsi à suivre cette genèse du catégorial à partir de l'expérience passive et à montrer qu'elle entre dans le projet général, qui a été toujours celui de Husserl, d'asseoir la phénoménologie transcendantale sur le socle originaire de l'expérience du monde. Remerciements Avant-propos Remarques Chapitre premier. Le sens phénoménologique de la passivité Chapitre II. La refondation méthodologique de la phénoménologie Chapitre premier. La formation du concept husserlien de « synthèse passive » Chapitre II. La constitution passive de l'expérience dans les Analysen zur passiven Synthesis Chapitre III. Le rôle de l'affection dans la formation de l'unité sensible Chapitre IV. La phénoménologie de l'inconscient Chapitre premier. Les présupposés fondamentaux de la généalogie de la logique Chapitre II. L'analyse généalogique du jugement prédicatif Chapitre III. L'origine de l'erreur dans la passivité Conclusion.Le conflit des fondements Bibliographie Index nominum. (shrink)

This paper offers an account of the important role which an obligation to provide reasons can play in avoiding some of the systematic difficulties encountered in the theory of rational social choice. The paper builds on some of the insights offered by theories of structure-induced equilibrium. It argues that the obligation to provide reasons for certain choices, reasons which must be articulated and structured around a set of generally shared and publicly comprehensible categories of thought, can serve to make the (...) space of possible choices "concept-sensitive" in a very useful way. Concept-sensitivity has the effect of restricting certain movements within the choice space so that some of the difficulties for achieving an equilibrium in social choice, difficulties which arise out of an excess of rational doing, are avoided. The resulting equilibrium is path dependent, of course, but because it is dependent on a choice path which "makes sense" (or is ordered by thought precisely because it is concept-sensitive), it is not the sort of arbitrary path dependent social choice which was of such concern to Kenneth Arrow in his original Nobel prize winning work. The paper illustrates its points with examples taken from the law. The law is a method of making social choices which emphasizes (in a very self-conscious way, and one which has no parallel either in politics or the market) the justificatory significance of the obligation to give publicly accountable reasons which attend to those issues arising in an ordered way out of a highly structured adjudicative process. Thus, the paper has as one of its ambitions the bringing together of two accounts of rational decision-making which, to this point at least, have not had much contact, namely, the theory of rational social choice and the theory of legal reasoning. (shrink)

Foreword -- 1. The War Within -- 2. The Cult of Experience -- 3. The Long March -- 4. America's Transformers -- 5. American Restoration -- 6. Twenty-twenty Vision -- Acknowledgments.

Doctor Stephen Strange was a renowned neurosurgeon in his “previous life”, but after his time in Kamar‐Taj he is mostly associated with his mastery of the mystic arts. In Doctor Strange people learn that mastery of physical skills is critical for mastery as a mystic. In addition to the physical skills of martial arts, the portrayal of Doctor Strange is reminiscent of many aspects of Eastern philosophical traditions. Ironically, the reason that Strange originally gave for seeking the elixir is that (...) he swore the Hippocratic Oath, which requires him to prescribe medical treatments for the good of his patients. One problem with applying the Hippocratic Oath to Strange's choice is that it's meant to apply to the doctor‐patient relationship. Perhaps Stan Lee and Steve Ditko, the creators of Doctor Strange, meant to show that, by losing his skill as a surgeon, Strange finally learned what it means to be a good physician. (shrink)

Morphological elements, or structures, are sorted into four categories depending on their level of anatomical isolation and the presence or absence of intrinsically identifying characteristics. These four categories are used to highlight the difficulties with the concept of structure and our ability to identify or define structures. The analysis is extended to the concept of homology through a discussion of the methodological and philosophical problems of the current concept of homology. It is argued that homology is fundamentally a similarity based (...) concept rather than a phylogenetic concept, and a proposal is put forth to return to a comparative context for homology. It is shown that for both the concepts of structure and homology ana priori assumption of stable underlying patterns (i.e. archetypes) is essential. (shrink)

Not so very long ago - in historical terms - the politics of Medicare were thought to be stable and well-established. Medicare’s 1965 enactment culminated an epochal political battle that spanned fifteen years and involved mass mobilization, millions of dollars in lobbying expenditures, and bitter partisan controversy. By the late 1980s those seemed to be distant birthing pains long since overshadowed by the program’s robust health and popularity. Medicare politics had devolved into a model of pluralist “normalcy” in which a (...) relatively specialized and autonomous group of subject-matter experts in the federal bureaucracy, the Congress, and affected interest groups largely made policy by negotiating among themselves, primarily on issues of provider reimbursement. Even the extraordinary events involving the 1988 enactment of the “Medicare Catastrophic Coverage Act” legislation, and the ensuing public firestorm that led to its partial repeal in 1989, could be seen as an aberrational deviation from a more placid pattern. (shrink)

In the past couple of decades several different accounts of the logic of practical reasoning have been proposed.1 The account I have recommended on a number of occasions is clearly the simplest, because it requires no special logical principles, holding that, in respect of deduction, practical reasoning is adequately understood as involving only standard assertoric principles. My account has recently encountered various objections, the most dismissive of which is that it is too simple to deal with complicated cases of practical (...) inference. I am not daunted by these objections. My aim here is to offer some observations that will make the merits of my account easier to appreciate. (shrink)