Children dependent on life-prolonging medical technology are often subject to a constant background risk of sudden death or catastrophic complications. Such children can be cared for in hospital, in an intensive care environment with highly trained nurses and doctors able to deliver specialised, life-saving care immediately. However, remaining in hospital, when life expectancy is limited, can considered to be a harm in of itself. Discharge home offers the possibility for an improved quality of life for the child and their family (...) but comes with significant medical risks.When making decisions for children, two ethical models predominate, the promotion of the child’s best interests or the avoidance of harm. However, in some circumstances, particularly for children with life-limiting and/or life-threatening illness, all options may be associated with risk. There are no good options, only potentially harmful choices.In this paper, we explore decisions made by one family in such circumstances. We describe a model adopted from risk management programmes beyond medicine, which offers a potential framework for identifying risks to the child that are morally permissible. Some risks and harms to a child, not ordinarily permitted, may be acceptable when undertaken in the pursuit of a specified desired good, so long as they are as low as reasonably practicable. (shrink)

In the second chapter of her <i>Institutions de Physique</i> Emilie Du Chatelet gives two cosmological arguments for the existence of God. In this chapter I focus on the first of these arguments. I argue that, while it bears some significant similarities to arguments given by John Locke and Christian Wolff, it improves on these arguments in at least two ways. First, it avoids a potential equivocation in Locke's argument; and second, it avoids Wolff's mere stipulation that whoever claims that there (...) cannot be an infinite regress of contingent beings does not understand what a sufficient reason is. I finally argue that her argument avoids a related objection, considered by David Hume, on which to explain a causal chain is merely to explain each link in the chain. (shrink)

Experiments are commonly thought to have epistemic privilege over simulations. Two ideas underpin this belief: first, experiments generate greater inferential power than simulations, and second, simulations cannot surprise us the way experiments can. In this article I argue that neither of these claims is true of experiments versus simulations in general. We should give up the common practice of resting in-principle judgments about the epistemic value of cases of scientific inquiry on whether we classify those cases as experiments or simulations, (...) per se. To the extent that either methodology puts researchers in a privileged epistemic position, this is context sensitive. (shrink)

Abstract‘The Future of Legal Gender’ project has assessed the potential implications for feminist legal scholarship and activism of decertifying sex/gender. Decertification refers to the state moving away from officially determining or registering sex/gender. This article explores the potential impact of such moves on equal pay law and gender pay gap reporting. Equal pay and gender pay gap reporting laws provide an important focus for the project because they aim to address structural dynamics associated with persistent pay inequality that women experience (...) across occupations in the United Kingdom. These legal measures illuminate gendering as a large-scale social problem widely understood to operate structurally and systemically. What effect, then, could decertifying sex/gender have on the law and conceptual power of equal pay? Might decertification undermine the structure of equal pay law, with all hard-won gains it has brought for women? Or is it possible to imagine that decertification could accompany a more inclusive and effective legal architecture for equal pay? (shrink)

As the field of clinical ethics consultation sets standards and moves forward with the Quality Attestation process, questions should be raised about what ethical issues really do arise in practice. There is limited data on the type and number of ethics consultations conducted across different settings. At Loyola University Medical Center, we conducted a retrospective review of our ethics consultations from 2008 through 2013. One hundred fifty-six cases met the eligibility criteria. We analyzed demographic data on these patients and conducted (...) a content analysis of the ethics consultation write-ups coding both the frequency of ethical issues and most significant, or key, ethical issue per case. Patients for whom ethics consultation was requested were typically male, white, between 50 and 69 years old, of non-Hispanic origin, and of Roman Catholic faith. Nearly half were in the intensive care unit and 44.2 % died in the hospital. The most frequent broad ethical categories were decision-making, goals of care/treatment, and end-of-life. More specifically, capacity, patient’s wishes/autonomy, and surrogate decision maker were the most frequent particular ethical issues. The most common key ethical issues were withdrawing/withholding treatment, patient wishes/autonomy, and capacity. Our findings provide additional data to inform the training of clinical ethics consultants regarding the ethical issues that arise in practice. A wider research agenda should be formed to collect and compare data across institutions to improve education and training in our field. (shrink)

Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.

This chapter focuses on the relation between ‘philosophy’ and ‘games’ and argues most of philosophy is a form of game-playing. Two approaches are considered: Wittgenstein’s notion of family resemblance and Suits’ analytic definition of a game. Both approaches support the assertion that the relationship is a close, if not categorical, one but it is the lusory attitude that is the ultimate determinant.

Students with autism spectrum disorder are accessing college in increasing numbers. Within this cohort are students who are twice exceptional—those who are both academically talented and diagnosed with ASD. Little is known about factors and experiences that impact their successful transition to college. Parents play a critical role in the secondary transition process, but currently, there is a paucity of research that examines their perceptions of this experience. This study presents the results of semi-structured interviews with the parents of 10 (...) college students with ASD who were enrolled in postsecondary institutions in the United States. The parents provided perceptions of their student’s best and most challenging aspects of high school, as well as of the transition preparation the student received. Suggestions were offered in regard to how transition services can be improved for this group of students. Implications for planning and practice are presented. (shrink)

We defend the guise of the good thesis in a tradition going back to Socrates and Plato, according to which persons act on the basis of what appears to them as good or the least bad or evil act available to them. This seems contrary to moral experience, but we defend the thesis against plausible counter-examples in life as well as fiction. We contend that the thesis makes wrong-doing and vice intelligible, but still wrong, dysfunctional and horrific.

Everyday ethics refers to those issues which have a sometimes unrecognized moral dimension and that arise regularly within healthcare and research. These issues are often contrasted to dramatic ethics issues (i.e. issues that have seemingly higher stakes such as those arising in acute care situations or with invasive or life-threatening interventions). Claims have been made that scholarly bioethics tends to focus on dramatic ethics to the detriment of everyday ethics discussions. However, empirical evidence showing this has been lacking. Our own (...) research investigating bioethics discussions in the Parkinson’s disease literature suggested this trend. Consequently, we decided to characterize the context and content of the Parkinson’s disease bioethics literature to empirically test the hypothesis that everyday ethics is under discussed. We conducted a broad literature search using the keywords “Parkinson’s disease” AND (“ethics” OR “bioethics”) and classified results inductively based on the context in which the bioethics discussion occurred. In line with our hypothesis and initial observations, we found that there is indeed a greater focus on dramatic ethics where topics such as deep brain stimulation and neuronal cell transplantations, dominated bioethics discussions. Given the potential utility of everyday ethics in improving healthcare and research, this mismatch in focus ought to be addressed. There is a clear need for further understanding and discussion of everyday ethical issues in scholarly bioethics. (shrink)

Over the last decade, the increased use of work teams within organizations has been one of the most influential and far-reaching trends to shape the business world. At the same time, corporations have continued to struggle with increased unethical employee behavior. Very little research has been conducted that specifically examines the developmental aspects of employee ethical decision-making in a team environment. This study examines the impact of a team leader’s perceived integrity on his or her subordinates’ behavior. The results, which (...) came from a survey of 245 MBA students functioning for 2 years in a work team environment, indicate an interaction between leader integrity and team member ethical intentions. (shrink)

The author argues for the following as constituents of the moral virtue of open-mindedness: a second-order awareness that is not reducible to first-order doubt; strong moral concern for members of the moral community; and some freedom from reactive habit patterns, particularly with regard to one's self-narratives, or equanimity. Drawing on Buddhist philosophical accounts of equanimity, the author focuses on the third constituent, equanimity, and argues that it is a central, but often ignored, component of the moral virtue of open-mindedness, and (...) its absence can explain many failures of open-mindedness. (shrink)

The Cartesian method, construed as a way of organizing domains of knowledge according to the "order of reasons," was a powerful reductive tool. Descartes made significant strides in mathematics, physics, and metaphysics by relating certain complex items and problems back to more simple elements that served as starting points for his inquiries. But his reductive method also impoverished these domains in important ways, for it tended to restrict geometry to the study of straight line segments, physics to the study of (...) ambiguously constituted bits of matter in motion, and metaphysics to the study of the isolated, incorporeal knower. This book examines in detail the negative and positive impact of Descartes's method on his scientific and philosophical enterprises, exemplified by the Geometry, the Principles, the Treatise of Man, and the Meditations. (shrink)

Providing nursing care for people with dementia residing in long-term care facilities poses specific challenges regarding pain practices. With underlying communication barriers unique to dementia pathologies, this population is often unable to communicate verbal sentiments and descriptions of pain. In turn, nurses caring for older persons with dementia have difficulty assessing, managing and treating pain. Objectivity is an imperative factor in healthcare pain practices; however, it is difficult to objectively evaluate someone who cannot accurately communicate their experience of pain. Therefore, (...) the authors believe that subjectivity is also an essential part of evaluating the person with dementia's experience of pain. In this critical reflection, the authors explore objectivity and subjectivity in relation to pain practices for dementia in long-term care. A historical summary of pain is provided outlining the evolution of objectivity and subjectivity related to pain practices. The authors discuss the complexities of assessing and managing pain and offer a new perspective about the role of objectivity (and co-existence of subjectivity) for nurses treating pain in the older adults with dementia. (shrink)

In this fascinating collection of essays, an international group of scholars explores the sonic consequences of transcultural contact in the early modern period. They examine how cultural configurations of sound impacted communication, comprehension, and the categorisation of people. Addressing questions of identity, difference, sound, and subjectivity in global early modernity, these authors share the conviction that the body itself is the most intimate of contact zones, and that the culturally contingent systems by which sounds made sense could be foreign to (...) early modern listeners and to present day scholars. Drawing on a global range of archival evidence--from New France and New Spain, to the slave ships of the Middle Passage, to China, Europe, and the Mediterranean court environment--this collection challenges the privileged position of European acoustical practices within the discipline of global-historical musicology. The discussion of Black and non-European experiences demonstrates how the production of 'the canon' in the cosmopolitan centres of colonial empires was underpinned by processes of human exploitation and extraction of resources. As such, this text is a timely response to calls within the discipline to decolonise music history and to contextualise the canonical works of the European past. This volume is accessible to a wide and interdisciplinary audience, not only within musicology, but also to those interested in early modern global history, sound studies, race, and slavery."--Publisher's website. (shrink)

At the center of many critiques of liberalism is liberal neutrality, which is attacked on two fronts. First, it is argued that neutrality yields a restrictive sphere of public reason. Contentious views—like those endorsed by citizens with marginalized comprehensive doctrines—are outlawed from public consideration. Second, state policies must have neutral effects, lest they differentially impact those with unpopular views. Contentious state actions—like those endorsed by citizens with marginalized moral views—are outlawed from implementation. It is this combination of demands for neutrality (...) at the individual and state levels that produces the concern: if marginalized comprehensive doctrines cannot be discussed in the realm of public reason, and if marginalized moral views cannot be acted upon by the state, how will we ever achieve the goals of feminism, itself a marginalized moral view? Does liberal neutrality prohibit progress toward gender equality? In this paper, I argue to the contrary. Many objections regarding liberalism’s supposed failure to secure gender justice rely on a conception of neutrality as neutrality of effect. But at both the individual and state levels, liberalism’s demand for neutrality is about justification. Liberalism, specifically political liberalism, requires neither neutral content of public reasons nor neutral effects of state policies. (shrink)

This short comment on the Court of Protection decision in W v M draws attention to the primacy the judge gave to the preservation of life and discusses the relative lack of weight accorded to M's previously expressed views.

Sylvia Wynter, novelist, dramatist, cultural critic, and philosopher, has called for a new poetics that “will have to take as its referent subject, that of the concrete individual human subject”. By “referent subject” Wynter means a shared sense, poetic in nature, that can nevertheless exclude many who are also expected to live it. Man, Wynter argues, as a referent subject first appeared in the Italian Renaissance. As Walter Mignolo has argued, this way of representing an individual is made visual in (...) Leonardo da Vinci’s Vitruvian Man, a man of perfect... (shrink)

This book deals with a topic that has been largely neglected by philosophers of science to date: the ability to refer and analyze in tandem. On the basis of a set of philosophical case studies involving both problems in number theory and issues concerning time and cosmology from the era of Galileo, Newton and Leibniz up through the present day, the author argues that scientific knowledge is a combination of accurate reference and analytical interpretation. In order to think well, we (...) must be able to refer successfully, so that we can show publicly and clearly what we are talking about. And we must be able to analyze well, that is, to discover productive and explanatory conditions of intelligibility for the things we are thinking about. The book’s central claim is that the kinds of representations that make successful reference possible and those that make successful analysis possible are not the same, so that significant scientific and mathematical work typically proceeds by means of a heterogeneous discourse that juxtaposes and often superimposes a variety of kinds of representation, including formal and natural languages as well as more iconic modes. It demonstrates the virtues and necessity of heterogeneity in historically central reasoning, thus filling an important gap in the literature and fostering a new, timely discussion on the epistemology of science and mathematics. (shrink)

ArgumentMost social scientists today think of data sharing as an ethical imperative essential to making social science more transparent, verifiable, and replicable. But what moved the architects of some of the U.S.’s first university-based social scientific research institutions, the University of Michigan’s Institute for Social Research, and its spin-off, the Inter-university Consortium for Political and Social Research, to share their data? Relying primarily on archived records, unpublished personal papers, and oral histories, I show that Angus Campbell, Warren Miller, Philip Converse, (...) and others understood sharing data not as an ethical imperative intrinsic to social science but as a useful means to the diverse ends of financial stability, scholarly and institutional autonomy, and epistemological reproduction. I conclude that data sharing must be evaluated not only on the basis of the scientific ideals its supporters affirm, but also on the professional objectives it serves. (shrink)

Does a τέχνη, qua τέχνη, need to be good-directed? On the basis of the Gorgias, many scholars have thought the answer is yes; I argue here to the contrary. There are, of course, many beneficial τέχναι, such as medicine and weaving; and there are even unconditionally good τέχναι, like the πολιτικὴ τέχνη; but Plato also happily construes piracy as a τέχνη in the Sophist, and, more normally, all sorts of neutral practices as τέχναι. In order to make this argument, I (...) provide a taxonomy of the different kinds of τέχναι and demonstrate that, across the corpus, there does not seem to be a good-directedness requirement. I then address the evidence of the Gorgias, where most commentators find a connection between τέχνη and good-directedness. I argue that this interpretation is incorrect, and that rhetoric in fact fails to be a τέχνη in the Gorgias solely because it is unable to give a rational account. A close reading of the Gorgias shows that this is a plausible interpretation, and comparison with the Phaedrus reinforces the point: in both dialogues, whether rhetoric will be a τέχνη or not hinges only on the question of rationality, not a good-directedness condition. (shrink)

An inquiry into the current ways of knowing, their ramifications, and institutional and noninstitutional artistic practices that provide channels for education from below. Artistic Ecologies: New Compasses and Tools aims to both analyze and speculate about potentials of artistic ecologies, collective learning, and engaged pedagogies to engender new institutionalities. Going beyond tensions between individuals and institutions, Artistic Ecologies examines avenues for collective learning. If learning for life is emancipation—understood not just as a matter of power but of freedom—the essential question (...) that emerges is: What knowledge makes us free and how can institutions help produce it? In search of an answer, this publication’s textual and visual contributions explore sites and practices through which new institutionalities can emerge. Artistic Ecologies comprises essays analyzing current ways of knowing and their ramifications (Marina Garcés, Yayo Herrero and Pirate Care) and portraying alternative ways of forming knowledge through institutional and non-institutional artistic practices (DAAR—Decolonizing Architecture Art Research, Yael Davids, Max Jorge Hinderer Cruz, The Sensing Salon). Artistic contributions in various formats—poems, drawings, visual essays—by Luna Acosta, CAConrads, Eva Ďurovec, Teuta Gatolin, Margherita Isola, and Jammers illustrate heterodox channels for questioning the dominant forms of knowledge and educating from below. (shrink)

IN THE UNITED STATES, 25 PERCENT OF PEOPLE LIVING WITH HIV/AIDS HAVE spent time in the correctional system. HIV is known to spread among incarcerated individuals through high-risk behaviors including unprotected sex, injection drug use, tattooing, and body piercing. When released from prison, persons living with HIV can spread the disease in the wider community. This essay explores the complex problem of HIV infection among US prisoners from a common good approach rooted in Catholic social teachings by examining available data (...) on US prison populations, describing recent trends in the prosecution of drug-related crimes, and proposing concrete policy recommendations for HIV prevention interventions in US prisons. (shrink)

Surgeries inevitably raise questions of bodily integrity: how the post-surgical body reframes (or does not reframe) its experiences of functionality to incorporate new features. Nevertheless, when we try to define or delimit the concept of bodily integrity, it becomes increasingly important to think about how the physical and social unease caused by some forms of surgeries sits alongside the more transformative potential of surgical bodily modification. This article focuses on aesthetic genital surgeries on infants with disorders of sex development (DSD, (...) previously termed ‘intersex’ conditions). Using the work of Pierre Bourdieu and Elizabeth Freeman on time, bodies and ‘chrononormativity’, this article excavates not only the temporalities that produce what I would term ‘chrono-abnormalities’ of sex development, but also the temporalized medical responses, including surgeries, which retrieve ‘abnormal’ bodies into more normative time-lines. My conclusion is that when DSD-affected individuals experience aesthetic genital surgeries as painful and full of social unease this is not necessarily because the pre-surgical body was the ‘natural’, ‘whole’ or ‘intact’ body prior to surgery. Instead, it is because these surgeries interrupt what Bourdieu would term a sense of corporeal ‘immersion into the forthcoming’; an immersion which, in his theory of time as social action, is intimately linked with social power and possibilities. (shrink)

The authors employ Rawls's distinction between the reasonable and rational capacities to show why and how rational choice theory cannot provide adequate explanations of human behavior. According to Rawls, the reasonable capacity, associated with the concept of right and the sense of justice, is no less fundamental a moral power than is the rational, associated with the concept of the good and self-interest. Since rational choice analysis presupposes the primacy of rationality, however, those who rely upon it see persons' expressions (...) of conceptions of right as expressions of rationality. The authors argue that in cases ranging from prisoner's dilemma experiments to the analysis of social institutions, rational choice theorists encounter expressions of the reasonable but cannot, because of their theoretical commitments, take systematic account of them. The article concludes by making some tentative suggestions about the form political analysis based on both the reasonable and the rational capacities might take. (shrink)

SummaryThis paper examines the role of health knowledge in the association between mothers' education and use of maternal and child health services in Ghana. The study uses data from a nationally representative sample of female respondents to the 2008 Ghana Demographic and Health Survey. Ordered probit regression models evaluate whether women's health knowledge helps to explain use of three specific maternal and child health services: antenatal care, giving birth with the supervision of a trained professional and complete child vaccination. The (...) analyses reveal that mothers' years of formal education are strongly associated with health knowledge; health knowledge helps explain the association between maternal education and use of health services; and, net of a set of stringent demographic and socioeconomic controls, mothers' health knowledge is a key factor associated with use of health services. (shrink)

In the year 1308, Cardinal Giacomo Colonna was a tremendously busy man. He had returned to Rome only a few years earlier in the aftermath of a devastating papal war waged against his family by Boniface VIII. The papal court had been absent from the city for years, leaving an administrative void in Rome as it established itself first in Poitiers, then in Avignon from 1308 under the leadership of the Gascon pope Clement V. In 1306 Giacomo was fully reinstated (...) to the cardinalate, and set about rebuilding his family's fortunes and reputation, as well as a number of the city's churches. He commissioned a new mosaic facade for the basilica of Santa Maria Maggiore, and in 1308 he oversaw repairs... (shrink)

Alfred Wainwright was arguably the best known British guidebook writer of the20th century, and his work has been highly influential in promoting and directing fell-walking in northern Britain, in particular in the English Lake District. His work has, however, received little critical attention. This paper represents an initial attempt to undertake such a study. We examine Wainwright’s work through the lens of the landscape values and aesthetics that, we suggest,underpins it, and by an exploration of what might be called Wainwright’s (...) ‘environmental identity’. We argue that Wainwright manifests a strikingly contemporary embodied landscape aesthetic and a strongly place-attached environmental identity. We consider some possiblei mplications of this landscape aesthetic and place attached identity, including their relation to broader environmental commitments and the possibility that the endorsement of such values may have exclusionary consequences for members of ‘outsider’ groups. (shrink)

Color coding is used to guide attention in computer displays for such critical tasks as baggage screening or air traffic control. It has been shown that a display object attracts more attention if its color is more similar to the color for which one is searching. However, what does similar precisely mean? Can we predict the amount of attention that a display color will receive during a search for a given target color? To tackle this question, two color‐search experiments measuring (...) the selectivity of saccadic eye movements and mapping out its underlying color space were conducted. A variety of mathematical models, predicting saccadic selectivity for given target and display colors, were devised and evaluated. The results suggest that applying a Gaussian function to a weighted Euclidean distance in a slightly modified HSI color space is the best predictor of saccadic selectivity in the chosen paradigm. Hue and intensity information by itself provides a basis for useful predictors, spanning a possibly spherical color space of saccadic selectivity. Although the current models cannot predict saccadic selectivity values for a wide variety of visual search tasks, they reveal some characteristics of color search that are of both theoretical and applied interest, such as for the design of human–computer interfaces. (shrink)

A central part of the Christian doctrine of the incarnation is that the Son of God ‘becomes’ incarnate. Furthermore, according to classical theism, God is timeless: He exists ‘outside’ of time, and His life has no temporal stages. A consequence of this ‘atemporalist’ view is that a timeless being cannot undergo intrinsic change—for this requires the being to be one way at one time, and a different way at a later time. How, then, can we understand the central Christian claim (...) that the Son of God ‘becomes’ human? This paper examines one such explanation, drawn from a brief remark by Brian Leftow: the Word takes on flesh by exhibiting modal variation with regards to the incarnation. On this account, a timeless God ‘becomes’ incarnate simply due to variation across logical space: at some possible worlds He is incarnate and at others He is not. Modal variation need not, therefore, require temporality: it only requires variation across possible worlds. I draw out the problems with Leftow’s modal claim under the heads of Ersatzism and Genuine Modal Realism about possible worlds, respectively. I argue that in both instances, Leftow’s desired cross–worldly variation of the Son’s incarnation cannot be achieved. (shrink)

In the _Biopolitics of Disability_, David Mitchell and Sharon Snyder ( 2015 ) assert that disabled people are subjected to endless health and government questionnaires that harvest their data in exchange for better care. As disability advocates such as the National Disability Rights Network ( 2021 ) have demonstrated, these questionnaires—like the 2020 census—are highly flawed because disabled populations are not asked to shape the questions that will determine government funding and access to medical care. Although data collection is a (...) source of contemporary literary and scholarly interest, few works explore this in the context of disability. However, Jesse Ball’s 2018 novel _Census _examines questionnaires, specifically the census, and illuminates how narratives of disability are warped by the faulty data these objects collect. I argue that the protagonist, a dying father whose son has Down syndrome and requires full-time care, uses what Jack Halberstam calls “queer failure” to create a more equitable census that _will _make possible the kinds of care disabled populations deserve. Rather than create a perfect, objective questionnaire, the father skews the questions and data to center disability in the story of America, as he moves away from recording everyone’s experiences and instead highlights the lives of disabled people, their caretakers, and their systems of care (doctors, neighbors, etc.). I suggest that this “failed” census reveals those networks and systems of interdependency that scholars like Judith Butler ( 2020 ) and advocates such as Leah Lakshmi Piepzna-Samarasinha ( 2018 ) posit would radically change how care is approached, thus rendering the census as an object of care. (shrink)

Precedents are judicial decisions that form the bases of further judicial decisions by constraining those decisions. There are two aspects to the constraints exerted by precedent decisions: the scope of the constraint and the strength of the constraint. The scope refers to the range of decisions that are affected by the precedent. The strength refers to the conditions under which a court can escape being bound by the precedent. Models of precedential scope are discussed and evaluated, and the question of (...) strength is analyzed.Resumen:Los precedentes son decisiones judiciales que constituyen la base de decisiones judiciales posteriores, al vincularlas. Hay dos aspectos de la vinculación ejercida por las decisiones de precedente: el alcance de la vinculación y la fuerza de la vinculación. El alcance se refiere al rango de decisiones que se ven afectadas por el precedente. La fuerza se refiere a las condiciones bajo las cuales un tribunal obligado por el precedente puede ignorarlo. En este artículo se discuten y evalúan algunos modelos del alcance del precedente y se analiza la cuestión de su fuerza. (shrink)