The use of social media platforms (such as Facebook) for research recruitment has continued to increase, especially during the global COVID-19 pandemic. Social media enables researchers to reach diverse communities that often do not have their voices heard in research. Social media research recruitment, however, can pose risks to both potential participants and the researchers. This topic paper presents ethical considerations related to social media recruitment, and offers an example of harassment and hate speech risks when social media is used (...) for research recruitment. We explore the implications of hate speech risks for ethical research. (shrink)

Activists’ investigations of animal cruelty expose the public to suffering that they may otherwise be unaware of, via an increasingly broad-ranging media. This may result in ethical dilemmas and a wide range of emotions and reactions. Our hypothesis was that media broadcasts of cruelty to cattle in Indonesian abattoirs would result in an emotional response by the public that would drive their actions towards live animal export. A survey of the public in Australia was undertaken to investigate their reactions and (...) responses to. The most common immediate reaction was feeling pity for the cattle. Women were more likely than men to feel sad or angry. Most people discussed the media coverage with others afterwards but fewer than 10 % contacted politicians or wrote to newspapers. We conclude that the public were emotionally affected by the media coverage of cruelty to cattle but that this did not translate into significant behavioral change. We recommend that future broadcasts of animal cruelty should advise the public of contact details for counseling and that mental health support contacts, and information should be included on the websites of animal advocacy groups to acknowledge the disturbing effect animal cruelty exposes can have on the public. (shrink)

In this article, I explore the work of the artist Robert Pope (b.1957- d.1992) who published a series of paintings and drawings which documented his decade-long experience with Hodgkin's lymphoma. More widely, Pope was interested in ‘the culture’ of cancer within hospitals and the relationships embedded in experiences of illness and care. Pope published a book that contains much of this work— Illness and Healing: Images of Cancer (1991). Many of the original artworks have been toured throughout Canada and the (...) United Kingdom at cancer centres and medical schools. Using a visual methodology, I present three of Pope’s images to examine and understand the experiences of patients within acute care settings. I conclude that Pope’s work can be efficacious in exploring relationships in acute care settings. (shrink)

A Scientific Integrity Consortium developed a set of recommended principles and best practices that can be used broadly across scientific disciplines as a mechanism for consensus on scientific integrity standards and to better equip scientists to operate in a rapidly changing research environment. The two principles that represent the umbrella under which scientific processes should operate are as follows: Foster a culture of integrity in the scientific process. Evidence-based policy interests may have legitimate roles to play in influencing aspects of (...) the research process, but those roles should not interfere with scientific integrity. The nine best practices for instilling scientific integrity in the implementation of these two overarching principles are Require universal training in robust scientific methods, in the use of appropriate experimental design and statistics, and in responsible research practices for scientists at all levels, with the training content regularly updated and presented by qualified scientists. Strengthen scientific integrity oversight and processes throughout the research continuum with a focus on training in ethics and conduct. Encourage reproducibility of research through transparency. Strive to establish open science as the standard operating procedure throughout the scientific enterprise. Develop and implement educational tools to teach communication skills that uphold scientific integrity. Strive to identify ways to further strengthen the peer review process. Encourage scientific journals to publish unanticipated findings that meet standards of quality and scientific integrity. Seek harmonization and implementation among journals of rapid, consistent, and transparent processes for correction and/or retraction of published papers. Design rigorous and comprehensive evaluation criteria that recognize and reward the highest standards of integrity in scientific research. (shrink)

Throughout the biological and biomedical sciences there is a growing need for, prescriptive ‘minimum information’ (MI) checklists specifying the key information to include when reporting experimental results are beginning to find favor with experimentalists, analysts, publishers and funders alike. Such checklists aim to ensure that methods, data, analyses and results are described to a level sufficient to support the unambiguous interpretation, sophisticated search, reanalysis and experimental corroboration and reuse of data sets, facilitating the extraction of maximum value from data sets (...) them. However, such ‘minimum information’ MI checklists are usually developed independently by groups working within representatives of particular biologically- or technologically-delineated domains. Consequently, an overview of the full range of checklists can be difficult to establish without intensive searching, and even tracking thetheir individual evolution of single checklists may be a non-trivial exercise. Checklists are also inevitably partially redundant when measured one against another, and where they overlap is far from straightforward. Furthermore, conflicts in scope and arbitrary decisions on wording and sub-structuring make integration difficult. This presents inhibit their use in combination. Overall, these issues present significant difficulties for the users of checklists, especially those in areas such as systems biology, who routinely combine information from multiple biological domains and technology platforms. To address all of the above, we present MIBBI (Minimum Information for Biological and Biomedical Investigations); a web-based communal resource for such checklists, designed to act as a ‘one-stop shop’ for those exploring the range of extant checklist projects, and to foster collaborative, integrative development and ultimately promote gradual integration of checklists. (shrink)

Phillips et al. discuss whether knowledge or beliefs are more basic representations of others' minds, focusing on the primary function of knowledge representation: learning from others. We discuss links between emotion and “knowledge versus belief,” and particularly the role of emotions in learning from others in mechanisms such as “social epistemic emotions” and “affective social learning.”.

Research on the capacity to understand others' minds has tended to focus on representations ofbeliefs,which are widely taken to be among the most central and basic theory of mind representations. Representations ofknowledge, by contrast, have received comparatively little attention and have often been understood as depending on prior representations of belief. After all, how could one represent someone as knowing something if one does not even represent them as believing it? Drawing on a wide range of methods across cognitive science, (...) we ask whether belief or knowledge is the more basic kind of representation. The evidence indicates that nonhuman primates attribute knowledge but not belief, that knowledge representations arise earlier in human development than belief representations, that the capacity to represent knowledge may remain intact in patient populations even when belief representation is disrupted, that knowledge (but not belief) attributions are likely automatic, and that explicit knowledge attributions are made more quickly than equivalent belief attributions. Critically, the theory of mind representations uncovered by these various methods exhibits a set of signature features clearly indicative of knowledge: they are not modality-specific, they are factive, they are not just true belief, and they allow for representations of egocentric ignorance. We argue that these signature features elucidate the primary function of knowledge representation: facilitating learning from others about the external world. This suggests a new way of understanding theory of mind – one that is focused on understanding others' minds in relation to the actual world, rather than independent from it. (shrink)

To properly understand behavior, we must obtain both ultimate and proximate explanations. Put briefly, ultimate explanations are concerned with why a behavior exists, and proximate explanations are concerned with how it works. These two types of explanation are complementary and the distinction is critical to evolutionary explanation. We are concerned that they have become conflated in some areas of the evolutionary literature on human behavior. This article brings attention to these issues. We focus on three specific areas: the evolution of (...) cooperation, transmitted culture, and epigenetics. We do this to avoid confusion and wasted effort—dangers that are particularly acute in interdisciplinary research. Throughout this article, we suggest ways in which misunderstanding may be avoided in the future. (shrink)

Recently, bioethicists and the UNCRPD have advocated for supported medical decision-making on behalf of patients with intellectual disabilities. But what does supported decision-making really entail? One compelling framework is Anita Silvers and Leslie Francis’ mental prosthesis account, which envisions supported decision-making as a process in which trustees act as mere appendages for the patient’s will; the trustee provides the cognitive tools the patient requires to realize her conception of her own good. We argue that supported decision-making would be better understood (...) as a collaborative process, giving patients with intellectual disabilities the opportunity to make decisions in a respectful relationship with trusted others. We offer an alternative account of supported decision-making where the primary constraint is to protect the patient from domination by the trustee. This is advantageous in its preservation of the prospects for genuine collaboration, for the mental prosthesis approach ultimately reinforces a problematic ideal of isolated patient self-determination. (shrink)

Stakeholder theory is often unable to distinguish those individuals and groups that are stakeholders from those that are not. This problem of stakeholder identity has recently been addressed by linking stakeholder theory to a Rawlsian principle of fairness. To illustrate, the question of stakeholder status for the non-human environment is discussed. This essay criticizes a past attempt to ascribe stakeholder status to the non-human environment, which utilized a broad definition of the term "stakeholder." This paper then demonstrates how, despite the (...) denial of stakeholder status, the environment is nonetheless accounted for on a fairness-based approach through legitimate organizational stakeholders. In addition, since stakeholder theory has never claimed to be a comprehensive ethical scheme, it is argued that sound reasons might exist for managers to consider their organization's impact on the environment that are not stakeholder-related. (shrink)

Popular textbook treatments of the fallacies approach to argument evaluation employ the Adversary Method identified by Janice Moulton (1983) that takes the goal of argumentation to be the defeat of other arguments and that narrows the terms of discourse in order to facilitate such defeat. My analysis of the textbooks shows that the Adversary Method operates as a Kuhnian paradigm in philosophy, and demonstrates that the popular fallacies pedagogy is authoritarian in being unresponsive to the scholarly developments in informal logic (...) and argumentation theory. A progressive evolution for the fallacies approach is offered as an authoritative alternative. (shrink)

Decision theory and folk psychology both purport to represent the same phenomena: our belief-like and desire- and preference-like states. They also purport to do the same work with these representations: explain and predict our actions. But they do so with different sets of concepts. There's much at stake in whether one of these two sets of concepts can be accounted for with the other. Without such an account, we'd have two competing representations and systems of prediction and explanation, a dubious (...) dualism. Folk psychology structures our daily lives and has proven fruitful in the study of mind and ethics, while decision theory is pervasive in various disciplines, including the quantitative social sciences, especially economics, and philosophy. My interest is in accounting for folk psychology with decision theory -- in particular, for believe and wanting, which decision theory omits. Many have attempted this task for belief. (The Lockean Thesis says that there is such an account.) I take up the parallel task for wanting, which has received far less attention. I propose necessary and sufficient conditions, stated in terms of decision theory, for when you're truly said to want; I give an analogue of the Lockean Thesis for wanting. My account is an alternative to orthodox accounts that link wanting to preference (e.g. Stalnaker (1984), Lewis (1986)), which I argue are false. I argue further that want ascriptions are context-sensitive. My account explains this context-sensitivity, makes sense of conflicting desires, and accommodates phenomena that motivate traditional theses on which 'want' has multiple senses (e.g. all-things-considered vs. pro tanto). (shrink)

The concept of locally specialized functions dominates research on higher brain function and its disorders. Locally specialized functions must be complemented by processes that coordinate those functions, however, and impairment of coordinating processes may be central to some psychotic conditions. Evidence for processes that coordinate activity is provided by neurobiological and psychological studies of contextual disambiguation and dynamic grouping. Mechanisms by which this important class of cognitive functions could be achieved include those long-range connections within and between cortical regions that (...) activate synaptic channels via NMDA-receptors, and which control gain through their voltage-dependent mode of operation. An impairment of these mechanisms is central to PCP-psychosis, and the cognitive capabilities that they could provide are impaired in some forms of schizophrenia. We conclude that impaired cognitive coordination due to reduced ion flow through NMDA-channels is involved in schizophrenia, and we suggest that it may also be involved in other disorders. This perspective suggests several ways in which further research could enhance our understanding of cognitive coordination, its neural basis, and its relevance to psychopathology. Key Words: attention; cerebral cortex; cognitive coordination; cognitive neuropsychiatry; cognitive neuropsychology; context disorganization; Gamma rhythms; Gestalt theory; glutamate; grouping; memory; NMDA-receptors; PCP-psychosis; perceptual organization; schizophrenia. (shrink)

You want to see the concert, but don’t want to take a long drive (even though the concert is far away). Such *strongly conflicting desire ascriptions* are, I show, wrongly predicted incompatible by standard semantics. I then object to possible solutions, and give my own, based on *some-things-considered desire*. Considering the fun of the concert, but ignoring the drive, you want to see the concert; considering the boredom of the drive, but ignoring the concert, you don’t want to take the (...) drive. (shrink)

In the seventeenth century the microscope opened up a new world of observation, and, according to Catherine Wilson, profoundly revised the thinking of scientists and philosophers alike. The interior of nature, once closed off to both sympathetic intuition and direct perception, was now accessible with the help of optical instruments. The microscope led to a conception of science as an objective, procedure-driven mode of inquiry and renewed interest in atomism and mechanism. Focusing on the earliest forays into microscopical research, (...) from 1620 to 1720, this book provides us with both a compelling technological history and a lively assessment of the new knowledge that helped launch philosophy into the modern era. Wilson argues that the discovery of the microworld--and the apparent role of living animalcula in generation, contagion, and disease--presented metaphysicians with the task of reconciling the ubiquity of life with human-centered theological systems. It was also a source of problems for philosophers concerned with essences, qualities, and the limits of human knowledge, whose positions are echoed in current debates about realism and instrument-mediated knowledge. Covering the contributions of pioneering microscopists (Leeuwenhoek, Swammerdam, Malpighi, Grew, and Hooke) and the work of philosophers interested in the microworld (Bacon, Descartes, Leibniz, Malebranche, Locke, and Berkeley), she challenges historians who view the abstract sciences as the sole catalyst of the Scientific Revolution as she stresses the importance of observational and experimental science to the modern intellect. (shrink)

The last three articles within this section of Cambridge Quarterly have focused on organizations or disciplines outside the mainstream of bioethics that are making inroads within the field. This issue's article may be viewed as a departure, but it is not-my thesis is that despite the active presence of the clergy in the ethics field, individuals involved in pastoral care are often thought by health professionals, as well as by a sizeable number of pastors themselves, to not be within the (...) mainstream of ethical decision-making for patients. (shrink)

Interdisciplinary perspectives on the feature of conscious life that scaffolds every act of cognition: subjective time. Our awareness of time and temporal properties is a constant feature of conscious life. Subjective temporality structures and guides every aspect of behavior and cognition, distinguishing memory, perception, and anticipation. This milestone volume brings together research on temporality from leading scholars in philosophy, psychology, and neuroscience, defining a new field of interdisciplinary research. The book's thirty chapters include selections from classic texts by William James (...) and Edmund Husserl and new essays setting them in historical context; contemporary philosophical accounts of lived time; and current empirical studies of psychological time. These last chapters, the larger part of the book, cover such topics as the basic psychophysics of psychological time, its neural foundations, its interaction with the body, and its distortion in illness and altered states of consciousness. Contributors Melissa J. Allman, Holly Andersen, Valtteri Arstila, Yan Bao, Dean V. Buonomano, Niko A. Busch, Barry Dainton, Sylvie Droit-Volet, Christine M. Falter, Thomas Fraps, Shaun Gallagher, Alex O. Holcombe, Edmund Husserl, William James, Piotr Jaśkowski, Jeremie Jozefowiez, Ryota Kanai, Allison N. Kurti, Dan Lloyd, Armando Machado, Matthew S. Matell, Warren H. Meck, James Mensch, Bruno Mölder, Catharine Montgomery, Konstantinos Moutoussis, Peter Naish, Valdas Noreika, Sukhvinder S. Obhi, Ruth Ogden, Alan o'Donoghue, Georgios Papadelis, Ian B. Phillips, Ernst Pöppel, John E. R. Staddon, Dale N. Swanton, Rufin VanRullen, Argiro Vatakis, Till M. Wagner, John Wearden, Marc Wittmann, Agnieszka Wykowska, Kielan Yarrow, Bin Yin, Dan Zahavi. (shrink)

Cognitive Science, Volume 46, Issue 6, June 2022.

During public health crises including the COVID-19 pandemic, resource scarcity and contagion risks may require health systems to shift—to some degree—from a usual clinical ethic, focused on the well-being of individual patients, to a public health ethic, focused on population health. Many triage policies exist that fall under the legal protections afforded by “crisis standards of care,” but they have key differences. We critically appraise one of the most fundamental differences among policies, namely the use of criteria to categorically exclude (...) certain patients from eligibility for otherwise standard medical services. We examine these categorical exclusion criteria from ethical, legal, disability, and implementation perspectives. Focusing our analysis on the most common type of exclusion criteria, which are disease-specific, we conclude that optimal policies for critical care resource allocation and the use of cardiopulmonary resuscitation (CPR) should not use categorical exclusions. We argue that the avoidance of categorical exclusions is often practically feasible, consistent with public health norms, and mitigates discrimination against persons with disabilities. (shrink)

Experimental philosophers advocate expansion of philosophical methods to include empirical investigation into the concepts used by ordinary people in reasoning and action. We propose also including methods of qualitative social science, which we argue serve both moral and epistemic goals. Philosophical analytical tools applied to interdisciplinary research designs can provide ways to extract rich contextual information from subjects. We argue that this approach has important implications for bioethics; it provides both epistemic and moral reasons to use the experiences and perspectives (...) of diverse populations to better identify underlying concepts as well as to develop effective interventions within particular communities. (shrink)

This landmark study examines the role played by the rediscovery of the writings of the ancient atomists, Epicurus and Lucretius, in the articulation of the major philosophical systems of the seventeenth century, and, more broadly, their influence on the evolution of natural science and moral and political philosophy. The target of sustained and trenchant philosophical criticism by Cicero, and of opprobrium by the Christian Fathers of the early Church, for its unflinching commitment to the absence of divine supervision and the (...) finitude of life, the Epicurean philosophy surfaced again in the period of the Scientific Revolution, when it displaced scholastic Aristotelianism. Both modern social contract theory and utilitarianism in ethics were grounded in its tenets. Catherine Wilson shows how the distinctive Epicurean image of the natural and social worlds took hold in philosophy, and how it is an acknowledged, and often unacknowledged presence in the writings of Descartes, Gassendi, Hobbes, Boyle, Locke, Leibniz, Berkeley. With chapters devoted to Epicurean physics and cosmology, the corpuscularian or "mechanical" philosophy, the question of the mortality of the soul, the grounds of political authority, the contested nature of the experimental philosophy, sensuality, curiosity, and the role of pleasure and utility in ethics, the author makes a persuasive case for the significance of materialism in seventeenth-century philosophy without underestimating the depth and significance of the opposition to it, and for its continued importance in the contemporary world. Lucretius's great poem, On the Nature of Things, supplies the frame of reference for this deeply-researched inquiry into the origins of modern philosophy. (shrink)

Eavesdropping judgments (judgments about truth, retraction, and consistency across contexts) about epistemic modals have been used in recent years to argue for a radical thesis: that truth is assessment-relative. We argue that judgments for 'I think that p' pattern in strikingly similar ways to judgments for 'Might p' and 'Probably p'. We argue for this by replicating three major experiments involving the latter and adding a condition with the form 'I think that p', showing that subjects respond in the same (...) way to 'thinks' as to modals. This poses a serious challenge to relativist treatments of the modal judgments, since a relativist treatment of the corresponding 'thinks' judgments is totally implausible, so if a unified account of the phenomena is to be found, it cannot be a relativist one. We briefly sketch how a unified account might look. (shrink)

The contents of our conscious mind can seem unpredictable, whimsical, and free from external control. When instructed to attend to a stimulus in a work setting, for example, one might find oneself thinking about household chores. Conscious content thus appears different in nature from reflex action. Under the appropriate conditions, reflexes occur predictably, reliably, and via external control. Despite these intuitions, theorists have proposed that, under certain conditions, conscious content resembles reflexes and arises reliably via external control. We introduce the (...) Reflexive Imagery Task, a paradigm in which, as a function of external control, conscious content is triggered reliably and unintentionally: When instructed to not subvocalize the name of a stimulus object, participants reliably failed to suppress the set-related imagery. This stimulus-elicited content is considered ‘high-level’ content and, in terms of stages of processing, occurs late in the processing stream. We discuss the implications of this paradigm for consciousness research. (shrink)

Many transnational corporations and international organizations have embraced corporate social responsibility to address criticisms of working and environmental conditions at subcontractors' factories. While CSR 'codes of conduct' are easy to draft, supplier compliance has been elusive. Even third-party monitoring has proven an incomplete solution. This article proposes that an alteration in the supply chain's governance, from an arms-length market model to a collaborative partnership, often will be necessary to effectuate CSR. The market model forces contractors to focus on price and (...) delivery as they compete for the lead firm's business, rendering CSR observance secondary, at best. A collaborative partnership where the lead firm gives select suppliers secure product orders and other benefits removes disincentives and adds incentives for CSR compliance. In time, the suppliers' CSR habit should shift their business philosophy toward pursuing CSR as an end in itself, regardless of buyer incentives and monitoring. This article examines these hypotheses in the context of the athletic footwear sector with Nike, Inc. and its suppliers as the specific case study. The data collected and conclusions reached offer strategies for advancing CSR beyond the superficial and often ineffectual 'code of conduct' stage. (shrink)

Is Leo Strauss truly an intellectual forebear of neoconservatism and a powerful force in shaping Bush administration foreign policy? _The Truth about Leo Strauss_ puts this question to rest, revealing for the first time how the popular media came to perpetuate an oversimplified view of a complex and wide-ranging philosopher. In doing so, it corrects our perception of Strauss, providing the best general introduction available to the political thought of this misunderstood figure. Catherine and Michael Zuckert—both former students of (...) Strauss—guide readers here to a nuanced understanding of how Strauss’s political thought fits into his broader philosophy. Challenging the ideas that Strauss was an inflexible conservative who followed in the footsteps of Nietzsche, Heidegger, and Carl Schmitt, the Zuckerts contend that Strauss’s signature idea was the need for a return to the ancients. Through their work, they conclude that Strauss was a sober defender of liberal democracy, aware of both its strengths and its weaknesses. Balanced and accessible, _The Truth about Leo Strauss_ is a must-read for anyone who wants to more fully comprehend this enigmatic philosopher and his much-disputed legacy. “_The Truth about Leo Strauss_ is the most balanced and insightful book yet written about Strauss’s thought, students, and political influence. It dispels myths promulgated by both friends and foes and persuasively traces the conflicting paths that American thinkers indebted to Strauss have taken.”—William Galston, Brookings Institution. (shrink)

Catherine Zuckert examines the work of five key philosophical figures from the nineteenth and twentieth centuries through the lens of their own decidedly postmodern readings of Plato. She argues that Nietzsche, Heidegger, Gadamer, Strauss, and Derrida, convinced that modern rationalism had exhausted its possibilities, all turned to Plato in order to rediscover the original character of philosophy and to reconceive the Western tradition as a whole. Zuckert's artful juxtaposition of these seemingly disparate bodies of thought furnishes a synoptic view, (...) not merely of these individual thinkers, but of the broad postmodern landscape as well. The result is a brilliantly conceived work that offers an innovative perspective on the relation between the Western philosophical tradition and the evolving postmodern enterprise. (shrink)

I argue that in addressing worries about the validity and reliability of implicit measures of social cognition, theorists should draw on research concerning “entitativity perception.” In brief, an aggregate of people is perceived as highly “entitative” when its members exhibit a certain sort of unity. For example, think of the difference between the aggregate of people waiting in line at a bank versus a tight-knit group of friends: The latter seems more “groupy” than the former. I start by arguing that (...) entitativity perception modulates the activation of implicit biases and stereotypes. I then argue that recognizing this modulatory role will help researchers to address concerns surrounding the validity and reliability of implicit measures. (shrink)

This study examines how occupational sex segregation affects women’s and men’s perceptions of the availability of workplace support. Drawing on theories of gender and empirical studies of workplace tokenism, the author develops the concept of an occupational minority. Although the notion of tokenism was developed to describe processes at the level of the workplace, the author explores how being a minority at the occupational level affects workers. Using nationally representative data, she finds that in mixed-sex occupations, women report higher levels (...) of workplace support than men; in male-dominated occupations, they perceive relatively low levels of support. Men, by contrast, perceive relatively high levels of workplace support in female-dominated occupations. That is, being a member of a numerical minority in one’s occupation is an advantage for men and a disadvantage for women. (shrink)

Faced with the difficult task of discerning Plato’s true ideas from the contradictory voices he used to express them, scholars have never fully made sense of the many incompatibilities within and between the dialogues. In the magisterial _Plato’s Philosophers_, Catherine Zuckert explains for the first time how these prose dramas cohere to reveal a comprehensive Platonic understanding of philosophy. To expose this coherence, Zuckert examines the dialogues not in their supposed order of composition but according to the dramatic order (...) in which Plato indicates they took place. This unconventional arrangement lays bare a narrative of the rise, development, and limitations of Socratic philosophy. In the drama’s earliest dialogues, for example, non-Socratic philosophers introduce the political and philosophical problems to which Socrates tries to respond. A second dramatic group shows how Socrates develops his distinctive philosophical style. And, finally, the later dialogues feature interlocutors who reveal his philosophy’s limitations. Despite these limitations, Zuckert concludes, Plato made Socrates the dialogues’ central figure because Socrates raises the fundamental human question: what is the best way to live? Plato’s dramatization of Socratic imperfections suggests, moreover, that he recognized the apparently unbridgeable gap between our understandings of human life and the nonhuman world. At a time when this gap continues to raise questions—about the division between sciences and the humanities and the potentially dehumanizing effects of scientific progress—Zuckert’s brilliant interpretation of the entire Platonic corpus offers genuinely new insights into worlds past and present. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Making Fetal PersonsFetal Homicide, Ultrasound, and the Normative Significance of BirthCatherine MillsIn early 2012, the then attorney general of Western Australia, Christian Porter, announced plans to introduce fetal homicide laws that would “create a new offence of causing death or grievous bodily harm to an unborn child through an unlawful assault on its mother” (Porter 2012). While well established in the United States, fetal homicide laws are only beginning (...) to take shape in Australia.1 The proposed law would mean that if an offender assaulted a woman and thereby caused the death of the fetus she was gestating, the courts would be required to impose a sentence of life imprisonment in all but exceptional circumstances—equivalent to the penalty for murder. While the proposed fetal homicide law is said to give appropriate recognition to the grief and suffering of the woman involved—and while it may help to do that—this is certainly not all it would do.2 For it would also give existence to a new legal subject in Western Australia, that is, the “unborn child”: currently, under Western Australian law a child is only legally capable of being murdered when already external to the mother’s body. Thus, the woman’s body constitutes a kind of “natural” basis for a legal boundary—one that the proposed law transgresses and perhaps obliterates, at the same time as it purports to recognize the trauma associated with the transgression and obliteration of that boundary by another.Fetal homicide laws thus traverse difficult territory in the maternal-fetal relationship, in which actions against one person come to constitute a crime against another. Significantly, these laws are typically formulated to provide legal protection for pregnant women against the intrusions of a third party against [End Page 88] their person. However, it may be that they can also be interpreted more generally to provide legal protection for the fetus against others. So construed, such laws open up a danger for pregnant women themselves, insofar as their actions threaten the life and well-being of the fetus they carry. One recent example of the exploitation of this ambiguity in fetal homicide laws is the case of Bei Bei Shuai, a young woman of Chinese descent who faced felony charges of murder in Indiana after a failed suicide attempt resulted in the death of the thirty three week old fetus she was gestating (Pilkington 2011, 2012). If a woman’s actions against herself, leading to the death of her fetus, can be legally construed as murder, where does this leave the law on abortion? The Western Australian attorney general insisted that the proposed law would not affect laws on abortion in any way, since it would not encroach on a woman’s right to make decisions about her pregnancy (Porter 2012). But a woman’s decisional rights in regards to her pregnancy are at best an unstable dividing line; at worst, it is precisely her decision to terminate a pregnancy—that is, to intentionally bring about the death of the fetus—that substantiates a murder charge. Indeed, at the crux of the Shuai case was her suicide note, in which she apparently stated her intent to kill her fetus.This ambiguity between abortion and fetal homicide has been the topic of much discussion in legal literature, and it raises significant questions that bear further investigation. For one, it raises in a particularly pointed way questions about the moral and legal significance of birth, and the bearing it has on the status of the fetus. Birth has historically been significant in establishing personhood, but this reliance on birth is challenged by the shift to treating the fetus as a person for the purposes of some areas of the law. The further question then arises of whether that status must remain consistent across domains of the law, such as those addressed to the death of a fetus at the hands of a third party, and those on abortion. While these questions have been well canvassed in legal discussions, we might also consider the impact that technologies such as obstetric ultrasound have on notions of fetal life and personhood. Advances in medical technologies appear... (shrink)

For serious yoga practitioners curious to know the ancient origins of the art, Stephen Phillips, a professional philosopher and sanskritist with a long-standing personal practice, lays out the philosophies of action, knowledge, and devotion as well as the processes of meditation, reasoning, and self-analysis that formed the basis of yoga in ancient and classical India and continue to shape it today. In discussing yoga's fundamental commitments, Phillips explores traditional teachings of hatha yoga, karma yoga, _bhakti_ yoga, and tantra, (...) and shows how such core concepts as self-monitoring consciousness, karma, nonharmfulness, reincarnation, and the powers of consciousness relate to modern practice. He outlines values implicit in _bhakti_ yoga and the tantric yoga of beauty and art and explains the occult psychologies of _koshas_, _skandhas_, and _chakras_. His book incorporates original translations from the early Upanishads, the _Bhagavad Gita_, the _Yoga Sutra_, the _Hatha Yoga Pradipika_, and seminal tantric writings of the tenth-century Kashmiri Shaivite, Abhinava Gupta. A glossary defining more than three hundred technical terms and an extensive bibliography offer further help to nonscholars. A remarkable exploration of yoga's conceptual legacy, _Yoga, Karma, and Rebirth_ crystallizes ideas about self and reality that unite the many incarnations of yoga. (shrink)