The development of in vitro fertilisation (IVF) as a treatment for human infertilty was among the most controversial medical achievements of the modern era. In Ireland, the fate and status of supranumary (non-transferred) embryos derived from IVF brings challenges both for clinical practice and public health policy because there is no judicial or legislative framework in place to address the medical, scientific, or ethical uncertainties. Complex legal issues exist regarding informed consent and ownership of embryos, particularly the use of non-transferred (...) embryos if a couple separates or divorces. But since case law is only beginning to emerge from outside Ireland and because legislation on IVF and human embryo status is entirely absent here, this matter is poised to raise contractual, constitutional and property law issues at the highest level. Our analysis examines this medico-legal challenge in an Irish context, and summarises key decisions on this issue rendered from other jurisdictions. The contractual issues raised by the Roche case regarding informed consent and the implications the initial judgment may have for future disputes over embryos are also discussed. Our research also considers a putative Constitutional 'right to procreate' and the implications EU law may have for an Irish case concerning the fate of frozen embryos. Since current Medical Council guidelines are insufficient to ensure appropriate regulation of the advanced reproductive technologies in Ireland, the report of the Commission on Assisted Human Reproduction is most likely to influence embryo custody disputes. Public policy requires the establishment and implementation of a more comprehensive legislative framework within which assisted reproductive medical services are offered. (shrink)

Although virtually all comparative research about risk perception focuses on which hazards are of concern to people in different culture groups, much can be gained by focusing on predictors of levels of risk perception in various countries and places. In this case, we examine standard and novel predictors of risk perception in seven sites among communities affected by a flood in Mexico (one site) and volcanic eruptions in Mexico (one site) and Ecuador (five sites). We conducted more than 450 interviews (...) with questions about how people feel at the time (after the disaster) regarding what happened in the past, their current concerns, and their expectations for the future. We explore how aspects of the context in which people live have an effect on how strongly people perceive natural hazards in relationship with demographic, well-being, and social network factors. Generally, our research indicates that levels of risk perception for past, present, and future aspects of a specific hazard are similar across these two countries and seven sites. However, these contexts produced different predictors of risk perception—in other words, there was little overlap between sites in the variables that predicted the past, present, or future aspects of risk perception in each site. Generally, current stress was related to perception of past danger of an event in the Mexican sites, but not in Ecuador; network variables were mainly important for perception of past danger (rather than future or present danger), although specific network correlates varied from site to site across the countries. (shrink)

The need for research to advance scientific understanding must be balanced with ensuring the rights and wellbeing of participants are safeguarded, with some research topics posing more ethical quandaries for researchers than others. Moral injury is one such topic. Exposure to potentially morally injurious experiences can lead to significant distress, including post-traumatic stress disorder (PTSD), depression, and selfinjury. In this article, we discuss how the rapid expansion of research in the field of moral injury could threaten the wellbeing, dignity and (...) integrity of participants. We also examine key guidance for carrying out ethically responsible research with participants’ rights to self-determination, confidentiality, non-maleficence and beneficence discussed in relation to the study of moral injury. We describe how investigations of moral injury are likely to pose several challenges for researchers including managing disclosures of potentially illegal acts, the risk of harm that repeated questioning about guilt and shame may pose to participant wellbeing in longitudinal studies, as well as the possible negative impact of exposure to vicarious trauma on researchers themselves. Finally, we offer several practical recommendations that researchers, research ethics committees and other regulatory bodies can take to protect participant rights, maximise the potential benefits of research outputs and ensure the field continues to expand in an ethically responsible way. (shrink)

Rapid tissue donation (RTD) is an advancing oncology research procedure for collecting tumors, metastases, and unaffected tissue 2–6 h after death. Researchers can better determine rates of progression, response to treatment, and polymorphic differences among patients. Cancer patients may inquire about posthumous body donation for research to offer a personal contribution to research; however, there are barriers to recruiting for an RTD program. Physicians must reassure the patient that their treatment options and quality of care will not be compromised due (...) to participating in RTD. In this commentary we discuss how theories of altruism may explain cancer patients’ desire to participate in an RTD program, the ethical concerns of health care professionals and patients and the use of altruism as a recruitment strategy. We offer recommendations for examining the cultural and ethical climate of the institution prior to initiating such a program such as examining the relationship of healthcare professionals and patients, identifying ethical concerns, and examining ways to promote acceptance and buy-in across professionals, patients, and families. (shrink)

In Beyond Physicalism, an interdisciplinary group of physical scientists, behavioral and social scientists, and humanists from the Esalen Institute’s Center for Theory and Research argue that physicalism must be replaced by an expanded scientific naturalism that accommodates something spiritual at the heart of nature.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Embodied Knowledge in Ensemble Performance by J. Murphy McCalebEric C. Melley, D.M.A.J. Murphy McCaleb, Embodied Knowledge in Ensemble Performance (Surrey, England: Ashgate, 2014)J. Murphy McCaleb’s Embodied Knowledge in Ensemble Performance explores how musicians interact and share information while performing, specifically within unconducted chamber ensembles. The book is a direct outgrowth of the author’s doctoral dissertation and follows a similar format. Beginning with a presentation of (...) four essential research questions, McCaleb continues with an overview and justification for his methodology, followed by case studies, conclusions, and foundations for further research. The four questions McCaleb seeks to answer with this volume are: How do musicians interact and share information with each other while performing? What is the nature of the information being shared in ensemble performance? To what extent does the musical content being performed affect the ways it has to be physically created by musicians? How does the physical relationship between the performers and their instruments relate to communicative and interactive processes of ensemble performance? After an explanation of methodology, McCaleb devotes a chapter to each of the four questions. The substantial and excellent review of literature is distributed throughout the comprising six chapters, providing a natural connection between case studies, previous research, and resultant conclusions. While the author suggests the book [End Page 103] has value for both researchers and practitioners, the most prominent result of the discourse provides a new paradigm with which to study ensemble interaction, but contains few practical suggestions for performers, leaning heavily on previous research. McCaleb’s work will most directly benefit other researchers and music education theorists.The volume spans 140 pages, including an index and bibliography, as well as an accompanying DVD. The DVD includes video examples of rehearsals and performances for two ensembles that served as subjects of the research case studies: the Boult String Quartet, the premiere student quartet at the Birmingham Conservatoire (where the author was completing his doctorate), and The Supergroup, an ensemble that performs free group improvisations. The author is himself a member of The Supergroup and serves as “a reflective practitioner, assuming the roles of researcher and musician” (p.16). While his research methodology is pluralistic (though decidedly qualitative in nature), the employment of action research, wherein the “people being studied become part of the knowledge creation process,” is a prominent element in his method (p. 13). This is one area where McCaleb’s perspective is both powerful and open to debate. One of the central and strongest premises of McCaleb’s work is that music is a singular form of procedural knowledge. Because the nature of procedural knowledge at some level defies linguistic translation, the perspective of performing musicians is a critical element to any phenomenological study of musical performance. The author acknowledges that this raises questions of subjectivity and works to incorporate empirical methods such as “observation, interviews, literature review, and case studies” to counter the more subjective methodology (p.15). McCaleb’s multifaceted approach to research is for the most part highly effective, but at times the anecdotal tone of his first-hand descriptions of musical experiences can soften the force of his premise.Based on the concept that music is a form of procedural knowledge, McCaleb posits that communication among ensemble musicians is first and foremost musical. In order to illustrate this, the author explores other common models used to study interaction between musicians. In this review of other research studies, McCaleb is most effective in pointing out the inadequacies of applying other models to musical ensemble interaction. The linguistic model, which seeks to correlate physical gestures with speech patterns, remains inadequate to study communication between instrumental musicians. Previous research investigating the gestural model, while focusing on instrumental music, is preoccupied with emotional content, primarily between performer and audience, and does not approach the question of what and how communication occurs between performing musicians (pp. 27–28). Based on the inadequacies of other research [End Page 104] models, McCaleb seeks to establish a new paradigm of interaction entirely independent of social models and based solely in musical performance (p. 7).This points to an important area of research that McCaleb largely neglects: the neuroscience... (shrink)

Arguments from consciousness to God’s existence (ACs) contend that physicalism is too problematic to explain the mind’s ultimate source. They add that theism probably better explains this source in terms of God making us in his own image (with conscious, unified, rational minds). But ACs are problematic too. First, physicalism has various competitors beside theism. Russellian monism and dual-aspect theory are examples. Second, all these theories, including theism, are seriously flawed. For example, it’s tied to traditional dualism, which has causal (...) issues (according to Murphy, Churchland, and other physicalists). But we argue that this theistic dualism can be refined to avoid its issues—and the issues in all other theories. So, it probably explains the mind’s origin better than other theories. We rely here on Lowe’s dualism, where the mind’s subject exists immaterially yet spatially, and is a unified, simple entity (unlike neural aggregates with their quite separate parts). This turns the tables on Churchland, Murphy, and other advocates for scientism. -/- . (shrink)

Conceptual structures are commonly likened to scientific theories, yet the content and motivation of the theory analogy are rarely discussed. Gregory Murphy and Douglas Medin's The Role of Theories in Conceptual Coherence is a notable exception and has become an authoritative exposition of the utility of the theory analogy. For Murphy and Medin, the theory analogy solves what they call the problem of conceptual coherence or the problem of conceptual glue. I argue that they conflate a number of (...) issues under these rubrics and that in each case either the problem to be solved isn't subject to a general solution or the theory analogy is of little use. The issues I consider are: (1) what makes a concept efficient, useful, and informative, (2) what makes a concept refer to what it does, (3) what makes a set of objects form a single category, and (4) what makes concepts combine in one way rather than another. (shrink)

I offer a defense of the moral side-constraints to which Robert Nozick appeals in Anarchy, State and Utopia but for which he fails to provide a sustained justification. I identify a line of anti-consequentialist argumentation which is present in Nozick and which, in the terminology of Samuel Scheffler, moves first to affirm a personal prerogative which allows the individual not to sacrifice herself for the sake of the best overall outcome and second moves on to affirm restrictions (i.e., moral side-constraints) (...) which prohibit the individual from suppressing others' exercise of their personal prerogatives even if that suppression would serve the overall good. I argue that one ought to follow this line of anti-consequentialist argumentation all the way to the affirmation of restrictions by showing that the rationale for the adoption of the personal prerogative is not satisfied unless the accompanying restrictions are adopted as well. Footnotesa A distant ancestor of this essay was written during the spring of 1997 when I was a Visiting Scholar at the Social Philosophy and Policy Center, Bowling Green State University. The draft of the present essay was composed during the tenure of a summer research grant from the Murphy Institute of Political Economy at Tulane University. I am very grateful to both institutions and to Ellen Frankel Paul and Mary Sirridge for their exceedingly helpful editorial advice. (shrink)

Reconciliation, Transitional and Indigenous Justice presents fifteen reflections upon justice twenty years after the Truth and Reconciliation Commission of South Africa introduced a new paradigm for political reconciliation in settler and post-colonial societies. The volume considers processes of political reconciliation, appraising the results of South Africa’s Commission, of the recently concluded Truth and Reconciliation Commission of Canada and of the on-going process of the Waitangi Tribunal of Aotearoa New Zealand. Contributors discuss the separate politics of Indigenous resurgence, linguistic justice, environmental (...) justice and law. Further contributors present a theoretical symposium focused on The Conceptual Foundations of Transitional Justice, authored by Colleen Murphy, who provides a response to their comments. Indigenous and non-indigenous voices from four regions of the world are represented in this critical assessment of the prospects for political reconciliation, for transitional justice and for alternative, nascent conceptions of just politics. Radically challenging assumptions concerning sovereignty and just process in the current context of settler-colonial states, Reconciliation, Transitional and Indigenous Justice will be of great interest to scholars of Ethics, Indigenous Studies, Transitional Justice and International Relations more broadly. The chapters were originally published as a special issue in the Journal of Global Ethics, with one addition from The Round Table.”. (shrink)

Introducing Applied Ethics Edited by Brenda Almond, Blackwell, 1995. Pp. 375. ISBN 0-631-19389-8. 45.00 (hbk), 14.99 (pbk). Environmental Ethics Edited by Robert Elliot, Oxford University Press, 1995. Pp. 255. ISBN 9-19-875144-3. 9.95 (pbk) Medicine and Moral Reasoning Edited by K.W.M. Fulford, Grant Gillett and Janet Martin Soskice Cambridge University Press, 1994. Pp. 207. ISBN 0-521-45325-9 37.50 (hbk), 12.95 (pbk). Enlightenment and Religion. Rational Dissent in Eighteenth-century Britain Edited by Knud Haakonssen, Cambridge University Press, 1996. Pp. xii + 348. ISBN 0-521-56060-8. (...) 40.00. Dialettica, Arte e Societ : Saggio su Theodor W. Adorno By Giacomo Rinaldi, Quattroventi, Urbino, 1994. Pp. 205. L. 30,000. Relevance: Communication and Cognition, new revised edition, By Dan Sperber and Deirdre Wilson, Blackwell, 1995. Pp. 326. ISBN 0-631-19878-4. 15.99. Autobiographical Reflections By Eric Voegelin (Edited, with Introduction, by Ellis Sandoz), Louisiana State University Press, 1996. Pp. 131. ISBN 0807120766 $10.95. (shrink)

In Anarchy, State, and Utopia, Robert Nozick seeks to demonstrate that principles of justice in acquisition and transfer can be applied to justify the minimal state, and no state greater than the minimal state. That approach fails to acknowledge the critical role that forced exchanges play in overcoming a range of public goods and coordination problems. These ends are accomplished by taking property for which the owner is compensated in cash or in kind in an amount that leaves him better (...) off (by his own lights) than before the transaction. Forced exchanges use coercion to form the state, but the just compensation requirement guards against redistribution state imposed redistribution for collateral purposes. Once these forced exchanges are allowed to form a state, then they may be used thereafter to justify the powers of taxation and eminent domain used to support infrastructure (roads, sewers, public utilities) that neither the minimal state nor private markets can supply. Footnotesa I have benefited from comments at the workshop at the Social Sciences Division of the California Institute of Technology. My thanks to Justin Herring and Eric Murphy, The University of Chicago Law School, for their usual capable research assistance. (shrink)

We often impute responsibility to others for the purpose of retributive punishment - sometimes hoping that they receive the level of suffering proportional to what Kant calls their "inner wickedness". But do we know enough to do this without reckless error? Are we morally pure enough to do this without hypocrisy? The present essay explores these two questions. Oftmals rechnen wir anderen Verantwortlichkeit zu, um durch Strafe Vergeltung zu üben - und dies manchmal in der Hoffnung, daß ihnen gerade der (...) Grad an Leid zugefügt wird, der im rechten Verhältnis zu dem steht, was Kant "innere Bösartigkeit" nennt. Aber wissen wir eigentlich genug, um dies ohne grobe Fahrlässigkeit, und sind wir moralisch rein genug, um dies ohne Heuchelei tun zu können? Der vorliegende Beitrag befaßt sich mit diesen beiden Fragen. (shrink)

With _Trilogy of Resistance_, the political philosopher Antonio Negri extends his intervention in contemporary politics and culture into a new medium: drama. The three plays collected for the first time in this volume dramatize the central concepts of the innovative and influential thought he has articulated in his best-selling books _Empire_ and _Multitude_, coauthored with Michael Hardt. In the tradition of Bertolt Brecht and Heiner Müller, Negri’s political dramas are designed to provoke debate around the fundamental questions they raise about (...) resistance, violence, and tyranny. In _Swarm_, the protagonist searches for an effective mode of activism; with the help of a Greek-style chorus, she tries on different roles, from the suicide bomber and party apparatchik to the multitude. _The Bent Man_, set in fascist Italy, focuses on a woodcutter who resists fascism by bending himself in two and using his own now-twisted body as a weapon against war. In _Cithaeron_, perhaps the most audacious of the three plays, Negri reworks Euripides’s _Bacchae_ to explore the circumstances that would compel a diverse and creative community to withdraw from both the despotic government that constrains it and the traditional family relationships that reinforce that despotism. First published in France in 2009 and featuring an introduction by Negri, _Trilogy of Resistance_ provides a direct and passionate distillation of Negri’s concepts and offers insights into one of the most important projects in political philosophy currently under way, as well as a timely reminder of the power of theater to effectively dramatize complex and challenging ideas. (shrink)

The process of optimizing psychical distance to achieve the best possible aesthetic effect has been well-known among philosophers of art ever since Edward Bullough formulated the concept in 1912. Although it is typically analyzed as a one-way process, it nevertheless becomes a reciprocal or intersubjective process when the object of our aesthetic perception is our “other.” This is equally true for animal “others” as for our fellow human “others.” Anything animate can fix us in its gaze and thereby prompt or (...) even force us toward self-confrontation as an object of someone or something else’s perception. This reciprocity may be manifest as a sort of psychological pas de deux between the two confronting subjects, each confronting the other as object, each recognizing the other as subject, and each confronting its own self as recognizer of this relationship and recipient of this attention. The level of our awareness of our being an object for some “other” subject has a proportionately significant impact on our aesthetic perception of this “other, ” i.e., the fact that an “other” perceives us adds a dimension of “unnatural” intersubjectivity which changes our aesthetic appreciation of that “other.”. (shrink)

In a strike to permit extra billing, physicians in Ontario, Canada, sought to balance their concerns for professional autonomy with their primary call to beneficence. But the right to reasonable compensation within a nationalized health care system is not on the same moral plane as the public's right to health care. Having failed to convince either the provincial government or the public of the soundness of their position, Ontario's doctors must now repair the damage done to the relationship with their (...) patients. (shrink)

Owing to an oversight incorrect acknowledgement text was published in this chapter. The correct acknowledgement text has been updated.

Simply stated, Pragmatic Invariantism is the view that the practical interests of a person can influence whether that person’s true belief constitutes knowledge. My primary objective in this article is to show that Pragmatic Invariantism entails external world skepticism. Toward this end, I’ll first introduce a basic version of Pragmatic Invariantism (PI). Then I’ll introduce a sample skeptical hypothesis (SK) to the framework. From this I will show that it is extremely important that the phenomenally equivalent skeptical scenarios generated by (...) SK are actually false. We’ll then see that by combining PI and SK, the effect will be to place extremelyhigh demands upon evidence for ~SK. It will finally be observed that, while we may have good evidence for ~SK, we do not have extremely strong evidence sufficient for establishing ~SK. This supports my conclusion that any standard version of Pragmatic Invariantism ultimately entails external world skepticism. If successful, my conclusion will critically undermine the current view that Pragmatic Invariantism is actually a skeptically resistant position. (shrink)

Two conditions for internal peace : absolutism and identification --Four approaches to Leviathan -- Outline of a new approach -- Reason, natural law, and absolutism -- The role of part 1 in Leviathan -- The metaphysical conception of human nature -- The state of nature -- The argument for absolutism -- Criteria for the identification of the sovereign -- Natural law -- Reason, revelation, and the interpretation of scripture -- Historical background : sola scriptura and biblical criticism -- Hobbes and (...) sola scriptura -- Sola scriptura and revelation -- Principles of biblical interpretation -- Metaphysics and eschatology -- Metaphysics : body and spirit -- The kingdom of God -- Eschatology -- Church and state -- Politics and the problem of double vision -- Politics and metaphysics -- Case A and the kingdom of God -- Case B and the argument for the identification of the true sovereign according to scripture -- The theological-philosophical argument for absolutism -- Hobbes and the kingdom of darkness -- The kingdom of darkness -- Misinterpretations of Scripture -- The false foundations of church tradition -- The kingdom of fairies -- The religious sincerity of Thomas Hobbes. (shrink)

Chafe argues that Wagner's Tristan and Isolde is a musical and dramatic exposition of metaphysical ideas inspired by Schopenhauer. The book is a critical account of Tristan, in which the drama is shown to develop through the music.

Book V of Eriugena’s Periphyseon presents new critical problems because of the lack of the Rheims manuscript, which contains the author’s own revisions. The text which has been called Versio Prima in the first four books of Jeauneau’s new edition is lacking for the fnal volume. Working from a transcription of the second portion of the Clauis Physicae, the epitome of the Periphyseon by Honorius Augustodunensis, the author reports that the unpublished Clauis II contains a text of Periphyseon V that (...) is analogous to Versio Prima. This article first compares the transcription from Clauis II to Lucentini’s notes on Honorius’ work, then it analyses the difference between Clauis II and Versio Secunda in Periphyseon V. The relationship is found to be the same as that between the primitive text of Periphyseon in books I-IV and Eriugena’s revised version . Consequently, Clauis II should be recognized as an essential witness to the early text of Periphyseon V. (shrink)

We give two slight generalizations of results of Poizat about elementary theories of groups obtained by free constructions. The first-one concerns generic types and the non-superstability of such groups in many cases. The second-one concerns the connectedness of most free products of groups without amalgamation.