In this paper I get clearer on the considerations that ought to inform the evaluation and development of medico-legal competency criteria—where this is taken to be a question regarding the abilities that ought to be needed for a patient to be found competent in medico-legal contexts. In the “Decisional Competency in Medico-Legal Contexts” section I explore how the question regarding the abilities that ought to be needed for decisional competence is to be interpreted. I begin by considering an (...) interpretation that takes the question to be asking about the abilities needed to satisfy an idealized view of competent decision-making, according to which decisional competency is a matter of possessing those abilities or attributes that are needed to engage in good or effective or, perhaps, substantially autonomous or rational decision-making. The view has some plausibility—it accords with the way decisional competency is understood in a number of everyday contexts—but fails as an interpretation of the question regarding the abilities that should be needed for decisional competence in medico-legal contexts. Nevertheless, consideration of why it is mistaken suggests a more accurate interpretation and points the way in which the question regarding the evaluation of medico-legal competency criteria is to be answered. Building on other scholarly work in the area, I outline in the “Primary and Secondary Requirements” section several requirements that decisional competence criteria ought to satisfy. Then, in the “Applying the Framework” section, I say something about the extent to which medico-legal competency criteria, as well as some models of decisional competency proposed in the academic literature, fulfil those requirements. (shrink)

I have two main goals in this paper. My first goal is to sketch a new view of color perception. The core of the view can be expressed in the following two theses: (i) the overarching function of color vision is to enable and enhance the manifestation of relevant (species-specific) competences and (ii) color experiences are correct when they result from processing that directly and non-accidentally subserves the manifestation of such competences. My second goal is to show that the view (...) can accommodate and account for a wide variety of color perceptual phenomena, including many problem cases. Importantly, the framework allows us to differentiate between two kinds of good cases of color perception: ideal cases where the demands of the relevant competences converge and non-ideal cases where the demands of the relevant competences diverge and clash. (shrink)

Background As our society is ageing, nursing homes are finding it increasingly difficult to deal with an expanding population of patients with dementia and a decreasing workforce. A potential answer to this problem might lie in the use of technology. However, the use and application of surveillance technology in dementia care has led to considerable ethical debate among healthcare professionals and ethicists, with no clear consensus to date. Aim To explore how surveillance technology is viewed by care professionals and ethicists (...) working in the field, by investigating the ideal application of surveillance technology in the residential care of people with dementia. Methods Use was made of the concept mapping method, a computer-assisted procedure consisting of five steps: brainstorming, prioritising, clustering, processing by the computer and analysis. Various participants (ranging from ethicists to physicians and nurses) were invited on the basis of their professional background. Results The views generated are grouped into six categories ranging from the need for a right balance between freedom and security, to be beneficial and tailored to the resident, and clearly defined procedures to competent and caring personnel, active monitoring and clear normative guidance. The results are presented in the form of a graphic chart. Conclusions There appears to be an inherent duality in the views on using surveillance technology which is rooted in the moral conflict between safety and freedom. Elaboration of this ethical issue has proved to be very difficult. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Beyond Rivalry?Rethinking Community in View of Apocalyptical ViolenceAndreas Oberprantacher (bio)But the republic of crime must also be the republic of the suicide of criminals, and down to the last among them—the sacrifice of the sacrificers unleashed in passion.—Jean-Luc Nancy, The Inoperative CommunityThe Crisis and Apocalyptic Intensification of RivalryAt first it seemed as if the "rivalry between two rates of speed"1 set at the center of Derrida's essay "No Apocalypse, (...) Not Now," published more than twenty years ago in Diacritics, had finally come to an end, at least in the form of a general and unmistakable division of the world into two competing geopolitical units. Following the breakdown of the USSR, the former super-enemy of the industrialized Northwest, that part of the world that claimed and still claims to be the sole referent of the adjective free, the dynamics of ideological rivalry had, at first, lost considerable momentum. After half a century of mostly symmetrical even if undeclared wars, the period from 1989 to 1991 was truly significant, [End Page 175] for it marked a moment of epistemological crisis, a moment when political fractions that derived their identity from a binary tension were all of a sudden stunned: no visible enemy anymore to deter, no willing scapegoat to blame, just eschatological abandonment.The aftershocks of this historical event can be traced in today's commentaries on and analyses of the political situation: It is certainly no coincidence that two of the most influential US-American political analysts, Samuel Huntington and Bruce Hoffman, both at the same time direct their attention toward questions about the conditions of social identity and cohesion, though from inverted perspectives. In his recent book, Who Are We? The Challenges to America's National Identity (2004), Huntington bemoans the "deconstruction of the American identity,"2 as it challenges—along with certain political developments—"the substance, and the desirability of this concept of America."3 Huntington's fervent interest in US-American identity and his call for its renewal become readily comprehensible when read against the background of his concern that an existential threat might again be imminent, possibly in the form of jihadist terrorism. In Huntington's argument, however, the United States's potential confrontation with militant Islamist movements—the explicit subtext of his book—is not assessed only in terms of political risks and military expenditures; for Huntington, this confrontation also holds out a unique chance of rediscovering one's own (lost, forgotten) identity. Revealing himself as an attentive reader of Carl Schmitt's The Concept of the Political, Huntington argues that "the absence of an ideological threat produced an absence of purpose.... The ideal enemy for America would be ideologically hostile, racially and culturally different, and militarily strong enough to pose a credible threat to American security."4While Huntington is concerned with reaffirming and securing a phantasmagoric vision of the United States's past glory, Hoffman, on the other hand, may be mentioned as a political analyst deeply worried about the inverse aspect of the epistemological crisis, i.e., worried by the fact that "the United States has utterly failed to fulfill the timeless admonition to 'know your enemy'"5 by declaring an all too abstract global war on terrorism. In his commentary, published in March 2007 under the title "Fighting Blind: We Can't Win if We Don't Know the Enemy" in the Washington Post, he argues that a long-term strategy is desperately needed to identify "our adversaries, who are much too elusive and complicated to be vanquished by mere decapitation."6Taking Huntington's and Hoffman's positions seriously as paradigmatic examples of a wider and well-established discursive strategy that calls for a renewed need for binary-opposed collective identities—us/them; the coalition [End Page 176] of the willing/the axis of evil—in order to affirm a state of potentially ubiquitous and highly moralized rivalry, one may well argue with Schmitt that "a new nomos of the earth" is immanent.7 In Schmitt's understanding, such a new paradigm of warfare will no longer be characterized by relative understandings of enmity, but by enemies declared "totally criminal... (shrink)

Objectivity is one of the most basic and difficult issues in modern and contemporary philosophy. The present paper is devoted to this issue from view- point of Husserl’s transcendental phenomenology. Since perception, particularly sense perception, in view of intentionality, as lowest level of objectivity can act as the base for perceiving the objectivity of other objects, whether real or unreal, it has been discussed in this paper. To do this, objectivity of the sense perception and its role in leading the (...) mind toward essential and ideal objects, and conversely, the role of latter objects in objectivity of the perception itself will be explored. Because the concepts of objectivity and evidence are correlate in Husserl’s philosophy, and since evidence as the self-given manifests itself, from the very beginning, in the lowest level, namely the objects of sense perception, and considering that evidence and objectivity of sense perception concern this lowest level, the critical viewpoint of Husserl’s phenomenology provides a firm and new basis for objectivity if taken at its full competence. (shrink)

The purpose of this article is to initiate a philosophical discussion about the ethical component of professional competence in nursing from the perspective of Brazilian nurses. Specifically, this article discusses professional competence in nursing practice in the Brazilian health context, based on two different conceptual frameworks. The first framework is derived from the idealistic and traditional approach while the second views professional competence through the lens of historical and dialectical materialism theory. The philosophical analyses show that the idealistic view (...) of professional competence differs greatly from practice. Combining nursing professional competence with philosophical perspectives becomes a challenge when ideals are opposed by the reality and implications of everyday nursing practice. (shrink)

How are masculinity and nationalism intertwined? This question has received scant theoretical attention, and existing theories tend to focus on their shared ideals and are embedded in a heteronormative, homophobic, and patriarchal framework. Such views imply a static relationship between the two phenomena and are incompatible with the recent phenomenon of homonationalism and the incorporation of some homosexual bodies within the nation. Addressing this theoretical gap, this article develops a more holistic framework of the relationship between nationalism and masculinity. (...) Drawing on relational sociology, it conceptualises nationalism as competing masculinities. It argues that the link between masculinities and nationalism is not found in their overlapping substantive ideals, but rather that the two phenomena are co-constructed through their overlapping Othering processes. The proposed theoretical framework does not only provide a more dynamic understanding of the link between masculinity and nationalism, but it also helps to overcome the apparent duality between homonationalism and heteronationalism. It is shown that both phenomena are in fact two sides of the same coin, with the main difference between them being the location of homophobia as a technology of Othering within different types of Self/Other relations. Overall, the article provides an analytical tool that allows for the contextualisation and understanding of seemingly contradictory features of nationalism and its relationship to masculinity. (shrink)

The Galilean explanatory style is characterized by the search for the underlying structure of phenomena, the positing of "deep" explanatory principles, and a view of the relation between theory and data, on which the search for "crucial data" is of primary importance. In this paper, I trace the dynamics of adopting the Galilean style, focusing on the science of episodic memory. I argue that memory systems, such as episodic and semantic memory, were posited as underlying competences producing the observable phenomena (...) of memory. Considered in idealized isolation from other systems, episodic memory was taken to underlay the ability of individuals to remember events from their personal past. Yet, in reality, memory systems regularly interact, standing in many-to-many relations to actual memory tasks and experiences. Upon this backdrop, I explore a puzzle about the increasing prominence of the notion of autonoetic consciousness in Tulving's theory of episodic memory. I argue that, contrary to widespread belief, the prominence is not best explained by the purported essential link between autonoetic consciousness and episodic memory. Rather, it is explained by the fact that autonoetic consciousness, hypothesized to uniquely accompany episodic retrieval, was considered a source of crucial data, predictable only from theories positing a functionally distinct episodic memory system. However, with the emergence of a new generation of theories, positing wider memory systems for remembering and imagination, the question of the relation between episodic memory and autonoetic consciousness has been reopened. This creates a pressing need for de-idealization, triggering a new search for crucial data. (shrink)

The author compares two theoretical models which develop constructs of an ideal audience. Chaim Perelman's universal audience serves a methodological function within the New Rhetoric which provides for the examination of philosophical arguments on values. Implicit within the work of Isocrates is a competing image which asserts that the ideal audience is empowered by the conditions of argument to engage the advocate in discursive praxis to construct and embody a consensus on contingency-driven value debates. The author concludes that the concept (...) of an ideal audience will be most valuable where interest in adherence to theses is less central than attendance to relationships born in and borne by discourse. Such a view has purchase within a constitutive view of rhetorical relations which asserts that the most useful role for argument is as an invitation to engagement. The situation of argumentation within a deontological ethics requires the partnership and participation of individuals in a mutually constructed discursive praxis. (shrink)

The purpose of this work is to supply readers, and the author has in mind chiefly college students, with a competent and objective presentation and reasoned evaluation of the major conflicting "philosophies of life" current in the contemporary world. The work opens with a chapter dealing with the "moral climate" of our day. Binkley sees this as a climate typified by the demise of traditional certitudes and the emergence of a relativistic attitude toward human values, a relativism that received its (...) most sustained treatment at the hands of Edward Westermarck. He sees it likewise as permeated by a pragmatic mind concerned with workable and realizable goals, not with eternal certitudes. And he sees it, finally, as a climate in which many are seeking to establish new ultimates to take the place of those that have been the victims of a new understanding of man and the universe. In subsequent chapters Binkley examines in some detail the philosophies of life or value systems competing for man’s allegiance today. Among these he includes the following: the communist vision of Marx, the psychoanalytic humanism of Freud and Fromm, the Kierkegaardian projection of the authentic Christian and Nietzsche’s proposal of the Overman who creates his own values, the humanistic existentialism of Sartre, and the religious existentialism advocated by Barth, Tillich, and such advocates of the "new morality" as Bishop Robinson and Joseph Fletcher. Finally, he examines the meta-ethical views of men such as Toulmin and Hare, discerning in their proposals some useful therapeutic devices for making some kind of intelligent choice among the competing value systems presented to contemporary man. In a final chapter Binkley stresses that the choice of a way of a life, of a basic moral posture, is a choice that only the individual can make after careful consideration and evaluation of pertinent data. All in all, his is a very useful and intelligent work, packed with information.—W. E. M. (shrink)

Women in North America have many childbirth options. However, they must make these choices within a complex culture of birthing discourse characterized by competing knowledges and claims regarding the “ideal birth” as medicalized, natural, or woman centered. We interviewed 21 childless women and 22 new mothers to explore their perceptions of choice and birthing. The women’s interviews indicated that their birthing choices are reflective of tensions embedded in normative femininity; conflicting ideas relating to purity, dignity, and the messiness of birth; (...) and contradictions about women’s bodies as heteronormative sites of pleasure and sexuality on one hand and of asexual, selfless sources of maternal nurturance on the other. Finally, the women’s views reflected understandings of moral and normative constructs about selflessness as a core attribute of femininity and motherhood, particularly in terms of enduring pain as the “proper” means of accomplishing the rite of passage to motherhood. Although all the women described tensions between femininity and motherhood, childless women were more likely than mothers to be worried about achieving ideal, heteronormative sexuality and femininity. Likewise, women who have not yet had children and women who have experienced unplanned C-sections were more likely than those who experienced vaginal births to express that C-section births fail to fully accomplish women’s rite of passage to motherhood. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ought We to Require Emotional Capacity as Part of Decisional Competence?Paul S. Appelbaum* (bio)AbstractThe preceding commentary by Louis Charland suggests that traditional cognitive views of decision-making competence err in not taking into account patients’ emotional capacities. Examined closely, however, Charland’s argument fails to escape the cognitive bias that he condemns. However, there may be stronger arguments for broadening the focus of competence assessment to include emotional capacities, centering (...) on the ways in which emotions aid humans in processing information. Before emotional capacities are added to the list of functions essential for decisional competence, though, the feasibility and utility of such a reorientation must be demonstrated.To what extent ought persons’ capacities to experience emotion be taken into account when determining whether they should be deemed competent to make their own decisions? In the previous article, Louis Charland (1998) argues that traditional models of decision-making competence—of which the MacArthur Competence Treatment Study is a typical example—are mistaken in focusing narrowly on persons’ cognitive abilities to the neglect of emotional factors. In contrast, he suggests, constructs of competence ought explicitly to require a capacity to experience emotions, which he believes is central to meaningful decision making, before deeming persons competent.Charland, as he acknowledges, is not the first to suggest that the presence of some degree of emotional capacity is a necessary element of competence, but his argument is among the most elaborate to date and is certainly worth closer examination. Looked at carefully, however, Charland’s argument does not make quite the case for the determination of emotional capacity in competence assessment that he claims for it. Indeed, as I demonstrate below, Charland may share the same “pernicious [End Page 377] cognitive bias” that he ascribes to more traditional approaches. However, despite what I identify as the problems in Charland’s argument, others have raised more disturbing questions about the lack of attention to emotional issues in competence assessment. Thus, I am not ready to reject entirely the possibility that determinations of decisional competence ought to consider emotional factors. I conclude by outlining the questions that remain to be answered to identify more clearly the potential benefits of such an approach.The Construct of Decision-Making CompetenceSome preliminary comments about the nature of the dominant construct of decision-making competence may provide a useful frame for my response to Charland’s paper. Contemporary ideas of competence are tied inextricably to the ideal of self-determination in modern Western societies. Such societies are committed to respect for individual choice, both as a good in its own right and on the grounds that each person knows best what choices will maximize his or her own welfare. In general, therefore, states will not intervene to prevent persons from acting on their decisions, even when the choices they make—like the decision to smoke or to refuse potentially life-saving medical care—may objectively be thought to be detrimental to them.In some cases, however, the presumption that people will act in their own interests, as well as the notion that there is something intrinsically valuable in respecting their choices, fails (Buchanan and Brock 1989). When people’s minds are so disordered that they cannot be said to be making meaningful choices, other values come into play. Such people are called “incompetent.” When persons reach that point, the state’s interest in protecting its citizens becomes primary and someone else must make decisions on their behalf. Note that the size of this group must be sharply limited, lest a liberal society’s commitment to self-determination be undermined: There is no more profound infringement of the rights of citizens than the determination that they are incompetent. Thus, the criteria for incompetence must be selected in a deliberately narrow fashion—alternately, one might say that the standards for competence are made intentionally broad—so that all but a tiny percentage of citizens will be permitted to make decisions on their own.In the Anglo-American world, the process of formulating criteria of competence by and large has been left to the common law courts. Over the course of centuries they have identified the capacities that are, in... (shrink)

ABSTRACT In establishing National Bioethics Organisations (NBOs), liberal democracies seek to acknowledge the diversity of strongly held ethical positions and the imperative to engage in public debate about important bioethical decisions. NBOs are typically given a range of responsibilities, including contributing to and stimulating public debate; providing expert opinion on relevant issues for policy deliberations; and developing public policy. The state is now found to have an interest in areas previously thought to be a matter of individual choice. NBOs can (...) provide one way of opening up public debate to allow the diversity of views to be heard in a manner that is well‐informed, articulate and responsive to both expert and ‘lay’ public views. We draw on debates in political theory about democratic decision‐making and on the policy making roles of some key NBOs. We are particularly interested in examining the capacity of NBOs to meet the democratic ideal of effective participation by the public, or citizenry, especially by those who are directly affected by the policies, in the development of effective public policy. We provide a basic framework for policy development involving NBOs that can begin to meet this ideal, a process of ‘contested deliberation’. (shrink)

Understanding factors that motivate farmers to perform conservation behaviors is seen as key to enhancing efforts to address agri-environmental challenges. This study uses survey data collected from 277 farmers in the La Moine River watershed in western Illinois to develop new measures of farmers’ environmental attitudes and examine their influence on current usage of agricultural best management practices (BMPs). The results suggest that a Dual Interest Theory approach reflecting two separate, competing psychological frames representing a stewardship view of the environment (...) and a farm as a business (or profit maximization) view of the environment are present within the decision making domain. Using a cluster analysis technique to examine the interaction between these attitude frames reveals four groups of farmers who hold distinct views of the environment. Further exploration of these distinct belief systems reveals little evidence of differences in participation or willingness to participate in agricultural BMPs; however, we observe significant differences between these groups with regard to their willingness to support rural conservation planning priorities that address agri-environmental challenges. Further discussion focuses on the implications of these interactive dual interest typologies and the implications of these findings on efforts to engage farmers in conservation efforts. (shrink)

The present essay attempts to establish a naturalistic theory for the pursuit of ideals. It is argued that "the necessary condition for the fulfillment of human life" lies in the pursuit of science, morality, and art. After setting forth the view of man as a product of nature with characteristic traits of symbolic response, plasticity of drives, consciousness, and self as a personality, a general chapter is devoted to the discussion of ideals. On this theme, Krikorian expounds a "contextualistic naturalistic" (...) thesis that regards "ideals as natural aspirations that function in a variety of contexts." The crucial question deals with the criteria for evaluating competing ideals. Four criteria are suggested: 1) "firm roots in human nature," 2) universality of scope, 3) personal appeal, and 4) the pragmatic test or "persistence through time." It is not clear how these alleged criteria can yield rational comparative evaluation, since no careful exposition or arguments are offered for the acceptability of these criteria. (shrink)

Many political disagreements are deeper than differences of opinion. People who simply differ in their opinions can understand and argue with one another, but between liberals and conservatives there is often a kind of mutual incomprehension. Employing different rules of relevance and inherence, they finds the views of their opponents to lack plausible grounds. By describing these forms of thinking in some detail, it is possible to better analyze intransigent problems of political dialogue and competing ideals of political association. (...) The results of analysis also indicate that it is possible to describe further forms of thinking in addition to those that have enjoyed dominance in the past, in particular a form of democratic thinking that is distinct from the conservative and liberal forms. It is not possible to show that one form of thinking is inherently superior to the other, so that problems of dialogue will continue, but democratic thinking has resources that permit discussion to yield a former practical consensus than the alternatives. (shrink)

This paper presents a feminist intervention into debates concerning the relation between human subjects and a divine ideal. I turn to what Irigarayan feminists challenge as a masculine conception of ‘the God’s eye view’ of reality. This ideal functions not only in philosophy of religion, but in ethics, politics, epistemology and philosophy of science: it is given various names from ‘the competent judge’ to the ‘the ideal observer’ (IO) whose view is either from nowhere or everywhere. The question is whether, (...) as Taliaferro contends, my own philosophical argument inevitably appeals to the impartiality and omni-attributes of the IO. This paper was delivered during the APA Pacific 2007 Mini-Conference on Models of God. (shrink)

It is true that Hegelian historicism has indeed led to a dominant ethos of moral relativism bound up with the belief that individual self-actualization is the highest value, thus creating a society that is, in the phrase of H. Tristram Engelhardt, Jr. “after God.” Nevertheless, this egocentric and nihilistic relativism exists alongside a robust and militant moral totalitarianism enforced by the modern clerisy of the media, multi-national corporations, and government bureaucrats, that is, a “managerial elite.” This article argues that the (...) transcendental idealism of Kant and the subsequent historicization of Kant’s dialectic by Hegel has served to reconceptualize the older, Baconian view of science, creating the idea that scientific progress is moving toward the goal of a future perfection of absolute rational unity. The a priori rational structure of reality that makes science possible is not a Platonic Ideal, but something that unfolds within history. This is what allowed Marx to conceive of dialectical materialism as a science, and this is what allows the managerial elite of the present to claim a scientific and objective basis for their programs while at the same time using the tools of historical and cultural criticism to relativize and historicize the claims of all competing moral and social “constructs.”. (shrink)

Cancer is a paradigmatic case of a complex causal process; causes of cancer operate at a variety of temporal and spatial scales, and the respects in which these causes act and interact are diverse. There are, for instance, temporal order effects, organizational effects, structural effects, and dynamic relationships between causes operating at different temporal and spatial scales. Because of this complexity, models of cancer initiation and progression often involve deliberate choices to focus on one time scale, one causal pathway, or (...) one aspect of cancer’s dynamics. As in most of biology, modeling cancer involves simplification and idealization. At the same time, theoretical perspectives inform the construction of these models. Such perspectives might involve viewing cancer ‘as’ a genetic disease, metabolic disease, stem cell disease, an infectious disease, or a disease of tissue disorganization. This paper will argue that purportedly competing theoretical views of cancer are not at odds, but can be viewed as mutually informative. Models are most often developed in the service of asking very specific questions, and this requires limiting our view of the phenomena to a specific temporal or spatial scale, a particular cause, or a particular outcome, dynamic, or pattern. Thus, while some models may seem at odds, often they are simply concerned with different questions, or, they are complementary and mutually informative. I hope to bring this case to bear on debates among philosophers of science over perspectivism and realism, as well pluralism about the aims and scope of scientific theory. (shrink)

Over the past decade, there has been an extensive debate about whether researchers have an obligation to disclose genetic research findings, including primary and secondary findings. There appears to be an emerging (but disputed) view that researchers have some obligation to disclose some genetic findings to some research participants. The contours of this obligation, however, remain unclear. -/- As this paper will explore, much of this confusion is definitional or conceptual in nature. The extent of a researcher’s obligation to return (...) secondary and other research findings is often limited by reference to terms and concepts like “incidental,” “analytic validity,” “clinical validity,” “clinical relevance,” “clinical utility,” “clinical significance,” “actionability,” and “desirability.” These terms are used in different ways by different writers to describe obligations in different sorts of cases. -/- Underneath this definitional confusion is a general notion, supported by much of the literature, that findings only need to be disclosed when they surpass certain presumably objective or measureable thresholds, such as medical importance or scientific reproducibility. The problem is that there is significant variability in the way that these terms and concepts are used in the literature and, as such, in defining the scope of an obligation to return findings that surpasses the relevant thresholds. -/- The goal of this paper is to analyze the definitional muddle underlying the debate about returning genetic research findings, with the hope of answering a few questions. First, what is the range of definitions being used in this debate? Based on an extensive literature review, Part 1 will lay out a range of articulated definitions for each relevant term, with the goal of categorizing them into a handful of distinct types. Part 2 explains the definitional redundancy and confusion in the current literature, and, drawing from the terminological patterns identified in Part 1, outlines more cohesive building blocks to inform the development of future disclosure frameworks.Our minimum goal in articulating these conceptual building blocks is to promote clearer articulations of, and distinctions between, future disclosure frameworks. More ambitiously, we suggest which definitions and conceptualizations we consider most appropriate to use in future disclosure frameworks. Here, we seek to balance benefits to participants through the disclosure of important information with the minimization of undue burdens on individual researchers and the research enterprise more generally. -/- Our analysis builds upon the central philosophical distinction between concepts and conceptions. The basic idea is that the “concept” of X refers to the general (and relatively uncontroversial) structure/shape of X, while various “conceptions” of X are more particular, filled out, and controversial elaborations of the concept. In other words, “concepts” of X will be formal representations of X, while “conceptions” of X will be substantive interpretations of the key elements and relationships operating within that formal framework. (Implicit in this distinction is an important point about the nature of disagreement – namely, that in order for two or more parties to “disagree” about X as opposed to simply talk past one another, there must be at least enough shared agreement about X to know that the parties are referring to the same thing. A concept of X provides this point of common agreement, while competing conceptions of X mark the areas where disagreement arises.) In this paper, we will employ this distinction in a fundamental way to clarify exactly where the primary disagreements arise in the debate over disclosing genetic research findings. -/- We propose that, underlying all the seeming confusion and disagreement, there are three central and widely agreed upon concepts at work in this debate—validity, value, and volition. The first two concepts concern the nature of the information itself. An obligation to disclose only exists when findings are valid and have value but there are competing conceptions of how to determine or define validity and valuableness. The third concept—volition—pertains not to the information but rather to the person to whom it will be disclosed. Does that person want or not want the information, and what is the best way of determining this? Here, too, competing conceptions arise. Our key point, though, is that almost all of the ethical disagreement arises because of competing conceptions of these three concepts. Understanding and appreciating this key point can help to refocus the substantive debate by providing some common ground to start from in determining how best to interpret these shared concepts. This refocusing can, ideally, produce more productive debate and facilitate some progress in resolving it. (shrink)

Hume refers to women as imaginative, compassionate, conversable, and delicate. While his appraisals of women seem disparate, I argue that they reflect a position about the distinctive role that Hume takes women to have in shaping and enforcing moral norms. On his view, I maintain, women provide us with the ideal model of a moral judge. I claim that Hume sees a tight connection between moral competency and those traits he identifies as feminine. Making this case requires clarifying a (...) few concepts in Hume’s philosophical toolbox and their relation to one another. The primary quality of a good moral judge, according to Hume, is a delicacy of taste. I show that Hume thinks of delicacy as a feminine skill that can only be developed in men imperfectly, thereby making women the ideal moral judges. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Under the Floorboards:Examining the Foundations of Mild Cognitive ImpairmentMichael Bavidge (bio)KeywordsAlzheimer’s disease, culture, dementia, normal aging, science"Building a mystery: Alzheimer disease, mild cognitive impairment, and beyond" (Gaines and Whitehouse 2006) is an absorbing and important case study of how Alzheimer's disease (AD) came to be seen as a disease and how mild cognitive impairment (MCI) has been constructed in recent years as a related incipient condition.The interdisciplinary approach taken (...) in the article produces findings of very different sorts, which are then marshaled to challenge the status of AD and MCI. The factors identified as contributing to the emergence of dementia as a disease include the inconclusive nature of the empirical evidence relating to the causes of dementia, the divergence in the paradigms of the biological sciences, the social pressures resulting from the aging of the population, consumerism in medicine, research funding, the profit motive in the pharmaceutical industries, and our "hypercognitive culture."There is a danger in a short article drawing on detailed work in different disciplines that no single argument is conclusive and the combination of inconclusive arguments remains unsatisfactory. Nevertheless, the picture that emerges is convincing. It is interesting to follow the details of a particular case history to track the intricate interlacing of clinical findings and social decision making that enter into the construction of a disease. The article traces the factors that encouraged the identification of dementia as a widespread, treatable condition and the diagnostic techniques and treatments that determined the delineation of the disease.In the case of AD and MCI, the implications of this process of construction extend beyond taxonomy. They call into question our attitude to aging. Do we see aging as itself a pathology? When Professor Tom Kirkwood writes "from a biological point of view, there is nothing necessary or inevitable about aging" (2001, xi), he does not mean to deny that as the years pass people get older (inevitably); he means that the deteriorations that at present we cannot but see as normal features of aging, are not inevitable. Do we have a spurious ideal of competence based on a time-slice taken from what we like to think of the prime of our lives? Why do we not think of the "cognitive [End Page 75] impairments" of childhood and adolescence as pathological? These are fundamental questions about our experience and understanding of living, aging and dying and they add layers of significance to the topic of the paper (Bavidge 2006).The main focus of the article is to expose the complex process involved in the classification of dementia as "a degenerative, biological, clinical entity" (Gaines and Whitehouse 2006, XX) and to raise doubts about its distinction from normal aging. Not everyone will be happy that so much weight is placed on disease as a dysfunctional clinical entity. Nor will everyone think that so much hangs on the disease status of dementia and MCI. However, on any account, the contrast between disease and normal aging has become less clear because our understanding of both terms of the comparison has become less secure. The question "Is dementia a disease?" is matched by the question "Is aging normal?"Many of the disabilities or degenerations associated with aging are now understood to be conditions that could be avoided, cured, or controlled. So although the article raises doubts about the stability of the category of AD, parallel problems have arisen about normal aging. If important elements of what we classify as dementia should be seen as normal human development, it is equally the case that some aspects of what we accept as part of the normal aging experience should be seen as pathological. The authors assert "we have not argued that there is no 'there' there. Rather, we suggest that the mystery of the 'there' (i.e., AD, MCI) may not be much different (if at all) from, and probably is, the mystery of the 'everywhere' (i.e., aging)" (Gaines and Whitehouse 2006, 61).The article is an exercise in the sociology of knowledge. This will be enough in itself to raise some hackles. It is interesting how an historical and sociological approach to the sciences has... (shrink)

Davidson approaches the notions of meaning and interpretation with the aim of characterizing semantic competence in the syntactically characterized natural language. The objective is to provide a truth-theory for a language, generating T-sentences expressed in the semantic metalanguage, so that each sentence of the object language receives an appropriate interpretation. Proceeding within the constraints of referential semantics, I will argue for the viability of reconstructing the notion of linguistic meaning within the Tarskian theory of reference. However, the view proposed here (...) involves a revision of Davidson’s con-ception of the object of semantic investigation. Taking (idealized) language-theories as the proper object of semantic characterization, provides solutions to outstanding problems in Davidson’s views, better approximates the practice in standard model-theoretic semantics, and incorporates the elements of semantic competence sought for in tradi¬tional theories of lexical analysis. Sources of evidence beyond those emphasized by Davidson will be invoked in order to allow for the selection of interpre¬tive T-sentences. In the final section, possible Quinean objections will be considered. (shrink)

It is widely believed that a person's traits can function as reasons for loving her. Notable contemporary work in the philosophy of love has taken the rejection of this premise as its point of departure. As far as I can tell, none of that work has engaged with a careful philosophical exposition of the view under discussion. In the following pages, I will defend the idea of trait-based love against three of its critics and one of its advocates. I will (...) discuss work on this topic by Harry Frankfurt, Niko Kolodny and David Velleman, arguing that their criticisms fail and that the alternatives they offer to trait-based love create more difficulties than they solve. What these authors have in common is a deflationary approach to love that reduces it to a beneficent disposition, a valuing relationship and a visceral form of moral regard, respectively. I will compare these to the multiplex, nuanced depiction of trait-based love in Plato's Symposium. While it is plausible that love can motivate a beneficent disposition, develop in relationships and entails moral regard, I will argue that the attempt to reduce it to any of the foregoing fails. Frankfurt, Kolodny and Velleman reject trait-based love in part because they think it would differ in unacceptable ways from the love most of us practice. Plato advocates the cultivation of a love that in some respects resembles the picture of trait-based love the contemporary authors balk at. However, unlike those critics, he appreciates that trait-based love need not resemble the ideal he proposes. His richer view of love accounts for elements such as need and feeling that the contemporary thinkers are driven to implausibly bracket as distractions. As I will try to show, the most compelling criticisms of Platonic love do not tell against its responsiveness to the loved one's traits. I will argue that trait-based love is consistent with an intuitive picture of love and that this commonsense approach is more defensible than competing views in these texts. These authors' disagreements about what can count as reasons for love are bound up with the differences in what each takes love to be. Thus, in the course of arguing for trait-based love, I will critically assess their various proposals as to the nature of love. (shrink)

The literature on physicalism often fails to elucidate, I think, what the word physical in physical ism precisely means. Philosophers speak at times of an ideal set of fundamental physical facts, or they stipulate that physical means non-mental , such that all fundamental physical facts are fundamental facts pertaining to the non-mental. In this article, I will probe physicalism in the very much tangible framework of quantum mechanics. Although this theory, unlike “ideal physics” or some “final theory of non-mentality”, is (...) an incomplete theory of the world, I believe this analysis will be of value, if for nothing else, at least for bringing some taste of physical reality, as it were, back to the debate. First, I will introduce a broad characterization of the physicalist credo. In Sect. 2, I will provide a rather quick review of quantum mechanics and some of its current interpretations. In Sect. 3, the notion of quantum non-separability will be analyzed, which will facilitate a discussion of the wave function ontology in Sect. 4. In Sects. 5 and 6, I will explore competing views on the implications of this ontology. In Sect. 7, I will argue that the prior results, based on a thoroughly realist interpretation of quantum mechanics, support only a weak version of non-reductive physicalism. (shrink)

This book addresses the topic of the explicit and implicit commitments about persons as a kind in the literature on personal identity and draws out their political implications. I claim that the political implications of a metaphysical account can serve as a test on its veracity in cases in which the object-kind under analysis is itself constitutively normative, as the kind person might be, or in those cases in which counting as a member of the kind in question confers a (...) certain normative status upon those that do so count, which the kind person certainly satisfies. I argue that metaphysical accounts of personal identity often contain certain mistaken background assumptions concerning personhood, often due to a failure to recognize that being a person is environmentally dependent. -/- Because being a person is environmentally dependent, but this is not often noted, let alone incorporated into our theories of persons, although there are exceptions, a closer look at those theories is required if we are to have a just society. In fact, it is a bit surprising that this is the current situation, since the claim that certain members of society are oppressed due to being denied full personhood and its attendant rights has been the basis of several social movements: first-wave feminism, anti-slavery movements, and civil rights movements generally. Historically, these resistance movements aimed at claiming that, unlike how they were treated, they did in fact meet the requirements for personhood that those in more privileged sectors did and should therefore enjoy the same rights as the more privileged. -/- While I agree with the justification for these movements -- that the injustice driving them is that of the denial of the rights of persons -- I advocate for moving away from the idea that the only appropriate response is to count those who make such claims as being members that meet the dominant conception of personhood. Instead, I want to highlight the fact that if being a person is an environmentally dependent fact, theories of the nature of persons must recognize this or risk reflecting and perpetuating the current status quo. -/- For these reasons, those in need of recognition of their rights as persons should not only resist the failure of having them granted but should also question the current understanding of the concept itself, since the very notion may be riddled with normative assumptions typical only of those with certain kinds of privilege. That is, fighting for recognition as persons, without also resisting and questioning the source and objectivity of our current concept of personhood, risks failing to truly challenge the currently unfair social structure in any deep way. -/- There is a risk, however, with taking such a stance -- that it will be fallaciously inferred that there is no fair concept of persons at all to which are owed rights. But this does not follow from the stance I take. All that follows is that we must recognize our fallibility in offering metaphysical theories, particularly when the concept under investigation is normatively sensitive and environmentally dependent in the way that the kind person seems to be. -/- Theories concerning the metaphysics of persons, then, must address the fact that those with privilege not only have more power to assert their rights as persons, but they are also the source of most received views of the concept itself. It is possible, therefore, that our current metaphysical theories may be mis-describing the objective nature of personhood as a kind for politically biased reasons. -/- I argue that one of the particularly pernicious assumptions frequently made is that to be a person is to be a certain kind of psychologically integrated being. This is an ideal we seem to hold dear, since we tend to pathologize the failure to achieve it. I claim, however, that this thesis about persons as integrated is exactly the kind of idea that fails the environmental dependence test, since this state of integration is often only readily had by those who have a certain amount of control over their external environment, which many of us do not enjoy. For those who are not members of the dominant group, a strongly integrated self is sometimes simply not on the horizon, since being subject to the vicissitudes of the external environment often leads to conflict, fragmentation, or disintegration. Having inadequate power over one's own circumstances tends to produce what we might call “fractured selves,” selves that face a multitude of environmental forces, many times thrusting contradictory norms, roles, and traits, upon those subjected to them. -/- The fact that the failure to achieve integration is in fact pathologized makes the integration thesis seriously questionable, since it creates a situation in which those most in need of being conferred the normative status of being a person will fail to get such recognition, and in fact, possibly labelled as "defective" in some way or other. This is unjust for many reasons, at least one of which is that it relies on morally irrelevant facts to determine a person's normative status. -/- The previous issues raise the question of whether the aim of a giving a metaphysical account of persons ought to be understood descriptively or prescriptively, since current metaphysical accounts would fail to count many individuals as persons. However, taking metaphysical accounts as a prescriptive is highly controversial. I doubt that most of those offering explicit metaphysical theories of persons would agree that they are engaged in any kind of prescriptive project. Some psychologists and psychiatrists perhaps may take themselves to be determining whether a person is "healthy" by our current understanding of what it is to be a person, but the idea of having a healthy psychology sufficient for being a fully competent person is vastly different from having a healthy physical body, which does seem to have a more objective basis, although even this is questioned in disability studies. -/- The strong integration thesis, then, as now applied, clearly raises political issues, and has potential negative consequences for many beings that we typically do think of as persons. The integration thesis then needs to be replaced with a more adequately descriptive metaphysical theory or revised in a way so that it avoids these negative political consequences. -/- I see two paths open: (1) maintain the integration thesis as an ideal, and grant those who fail to meet it a temporary kind of normative status equal to that of being a person and push for substantive equal opportunity to achieve integration; or (2) reject the ideal altogether and offer a different account of the nature of being a person that counts so-called "fractured selves" as persons. -/- I believe that path (2) is preferable to path (1) for several reasons. First, it requires no condescension or paternalistic attitudes towards those who fail to be fully integrated; second, it expresses intellectual humility in accepting that standards that appear objective are often, in reality, biased and should not be universally applied; and third, it is more realistic in that it does not assume that there is an infinite amount of resources, and therefore harbors no illusions that equalizing power structures will allow everyone to enjoy the same amount and kind of power currently held by the dominant classes. -/- My own metaphysical account of what matters for survival to persons over time advocates for the idea that persons ought to be understood as constituted not only by internal psychological relations, but also by their relations to their surrounding environments, and this includes relations to inanimate objects. This view, I argue, can accommodate fractured selves as full persons, allowing for various psychological configurations to count as persons. It is also an improvement on views that do happen to recognize the environmental influence on persons -- social constitution views. The reason is that these views argue that persons just are what their environmental social surroundings dictate, which also has potentially negative political consequences, since it threatens to bind persons so closely to socio-cultural contexts that it closes off the possibility of resistance to them. However, because the view I endorse, makes persons environmentally dependent not only on their socio-cultural context, but on the whole of their environment, this makes persons partly independent of socio-cultural contexts, allowing them room to question them, which as noted, I believe they should be. (shrink)

The article analyzes the philosophical and cultural view of 'doctor’s professional culture' as a result of centuries-old practice of human relations, which is characterized by constancy and passed from generation to generation. Medicine is a complex system in which an important role is played by: philosophical outlook of a doctor, philosophical culture, ecological culture, moral culture, aesthetic culture, artistic culture. We have found that within the system “doctor-patient” the degree of cultural proximity becomes a factor that influences the health or (...) life of a patient. Thus, the following factors are important here: 1) communication that suppresses a sick person; 2) the balance of cultural and intellectual levels; 3) the cultural environment of a patient which has much more powerful impact on a patient than the medical one. At the present stage, the interdependence of professional and humanitarian training of future specialists is predominant, as a highly skilled specialist can not but become a subject of philosophizing. We outlined the sphere where the doctors present a genre variety of philosophizing. This tradition represents the original variations in the formation of future doctor’s communicative competences, which are formed in the process of medical students’ professional training. A survey conducted among medical students made it possible to establish their professional values, which are indicators of the formation of philosophical and culturological competence. It was found out that 92% of respondents believed that a doctor should demonstrate a high level of health culture 99% of respondents favoured a high level of personal qualities of a doctor which would allow methods and forms of medical practice to assert higher human ideals of truth, goodness and beauty that are the subject area of cultural studies and philosophy. (shrink)

Marx and Rawls seems to have a very different concept of justice. Marx argued that the concept of justice functions in the performance of the dominant ideological mode of production required for the conduct, as universally binding legal code. Rawls is argued that justice is the first virtue of social institutions, its law may be recognized by all such people: they are fair and reasonable to discuss the issue is how to equitably divide among themselves the burden of social cooperation (...) and interests. Although embodied in Marx and Rawls an important difference between the various positions still exist, but I believe that the concept of justice is obviously two different positions, is able to reconcile. Despite the different effects of Hegel and Kant, Marx and Rawls's view can still show the same place. In a clear political concept of justice, Rawls believes that acceptable principles of justice, must be in the social system can be implemented. This led to his "Kantian constructivism", close to Hegel's view, at this point, Marx laid him on the universal, social rejection of a priori principles of justice. I believe that both Marx and Rawls are asked, and what can be seen as a social system to achieve the principles of justice as fairness. However, during which there are two important differences. First, Marx's vision, seems to be a Hume and Rawls beyond the so-called "environmental justice" society, while Rawls , the social environment beyond the justice is utopian. Secondly, Marx believed that, as the social basis of market relations should be exceeded, because the relationship between these markets to include the producers of natural and social process of production of the products of labor and social alienation. Although environmental justice in the society beyond the market's demise may be, Rawls was declared to be a just solution in the competitive demands of any society, the demise of the market are not. I believe that, if Marx's rejection of the market, as a fundamental denial "commodity fetishism", then the position of Marx and Rawls will be able to reconcile. The author concludes that, in addition to Marx's concept of the future classless society with the ideal ingredients, capitalism and the market in the concept of justice, Marx and Rawls's position is very close. Man and Raids appear to have quite different views at justice. Marx claims that the concept of justice functions ideologically to represent conduct required by the prevailing mode of production as universally binding imperatives. Rawls claims that justice is the first virtue of society, whose principles may be agreed to by all persons who impartially and rationally deliberate on the issue of fairly dividing the burdens and benefits of social cooperation. I argue that these apparently different positions on justice can be reconciled, although important differences between the standpoints of Marx and Rawls remain. Despite the differing influences on them of Hegel and Kant, the views of Marx and Rawls can be shown to converge. In proposing an explicitly political conception of justice, Rawls argues that acceptable principles of justice must be realisable in social institutions. This brings his' Kantian constructivism 'closer to the Hegelian view, on which Marx bases his rejection of universal, socially transcendent principles of justice. I argue that both Marx and Rawls can be seen as asking what social institutions can realise principles of justice as fairness. Nevertheless, two important differences remain. Marx seems to envisage a society which transcends the 'circumstances of justice', as specified by Hume and Rawls, whereas Rawls a society beyond the circumstances of justice as utopian. Secondly, Marx claims that market relations should be transcended as the basis of society, since they inherently involve alienation of producers from the social process of production and from the product of their social labour. However, while elimination of markets might be possible in a society that transcends the circumstances of justice, Rawls claims that it is not possible in any society where a fair resolution of competing claims is necessary. I argue that the positions of Marx and Rawls can be reconciled if we take Marx's objection to markets as fundamentally an objection to the 'fetishism of commodities'. I conclude that, apart from the utopian element in Marx's conception of a future classless society, the positions of Marx and Rawls on the justice of capitalism and the market are quite close. (shrink)

This paper proposes an outline of a view concerning intuitions, tying them to our basic cognitive competences, or virtues-capacities, a view that is here called The Moderate Voice-of-Competence view. This view claims that intuitions form a kind, albeit a relatively superficial one, united by their phenomenal appearance, but linked to capacities for understanding various domains. Further, intuitions are extroverted, turned towards the items they are explicitly about, and normatively answerable to them; they teach us about things “outside”, not merely about (...) our representation(s) of them. This view also takes seriously the actual dialectics of having intuitions: asking (or being asked) a question, imagining a scenario, giving a simple, preliminary answer to the question, formulating the immediate intuition which is often developed by considering other examples, and so on. This work involves more than mere inference following rules of logic. Further, this view is for the most part committed to realism about the objects of intuitions, and is very keen on their explainability. Finally, this view offers a complex answerabout the normative epistemic status of intuitions, tilted towards a posteriority: although intuitions are prima face a priori, their reflective justification has a rich structure in which a posteriori elements play a crucial role. (shrink)

Carol Pateman has said that the public/private distinction is what feminism is all about. I tend to be sceptical about categorical pronouncements of this sort, but this book is a work of feminist political philosophy and the public/private distinction is what it is all about. It is motivated by the belief that we lack a philosophical conception of privacy suitable for a democracy; that feminism has exposed this lack; and that by combining feminist analysis with recent developments in political philosophy, (...) we can meet the philosophical and political need for a distinctively democratic conception of privacy. This book then, is an effort to sketch and defend such a conception of privacy. It aims to show that while some conceptions of privacy are inconsistent with democracy, others are not. Indeed, the book asserts, the belief that privacy can be valuable and that it can justify basic legal rights, is implicit in a democratic conception of persons as free and equal beings, and a democratic conception of politics as the self-governing, or regulating, activity of such individuals. Just as we can and should reject undemocratic conceptions of the suffrage in favour of democratic ones, so the book maintains, we can and must reject undemocratic conceptions of privacy in favour of ones that reflect the moral equality of men and women, and a commitment to democratic forms of government. Democracy is often described as government by and for the people. On such a view, democracy is a political regime which can be contrasted with monarchies or aristocracies on the one hand, or with theocracies and despotisms on the other. By contrast with the former, it is a form of government that views individuals as citizens and as equal members of the agency which authorizes the use of political power. By contrast with the latter, it is a form of government whose purposes and aims are established by the common interests of individuals, conceived as free and equal citizens. It is my contention that there is a plausible and attractive conception of privacy implicit in this view of democracy. Hence, I show that individuals have fundamental interests in privacy because privacy enables them to participate in politics freely and as the equal of others and, beyond that, to lead lives that they can each affirm to be reasonable, valuable and right. As I think that the ideal of democratic government is properly associated with this latter and broader goal, as well as with the former one, I call my account of privacy a democratic conception of privacy to signal its connection to a particular ideal of politics, and to the conception of persons that makes this ideal a convincing and inspiring one. As this is a work of political philosophy, however, no effort is made to address the legal merits of competing accounts of the right to privacy, or to resolve legal dispute about the content and justification of particular constitutional rights in the United States. Thus, while I use Supreme Court decisions and works of legal theory to illustrate and support my arguments, my use of these materials is governed by philosophical concerns and my conclusions, therefore, are strictly of a philosophical, not a legal, nature. The book is divided into four chapters, moving from feminist criticisms of privacy to an engagement with the philosophical literature on privacy and an account of the right to privacy in a democratic society. It proceeds as follows. In Chapter 1, I examine feminist concerns about privacy, through a close reading of the work of Catherine MacKinnon. I argue that MacKinnon persuasively shows that protection for privacy has frequently licensed the coercion and subjection of women, and that her arguments are supported both by feminist scholarship, key Supreme Court decisions, and by familiar conceptions of privacy and equality. However, I argue, these criticisms do not imply that privacy, like slavery, can never be democratic, because wholly inconsistent with the equality of individuals. Rather, feminist criticisms of privacy suggest that privacy, like the suffrage, can be necessary to the equality of women and can have a legitimate and important place in a democratic society. In Chapter 2, I examine the philosophical literature on privacy in light of the need to distinguish democratic from undemocratic accounts of its nature and value. This literature, I show, can help us to provide an account of privacy that is sensitive both to its inegalitarian aspects and to its importance for a democratic commitment to the freedom and equality of women. However, I argue, we cannot embrace current philosophical accounts of privacy uncritically, because to a striking extent they are, themselves, indifferent to the ways that privacy has licensed sexual inequality. Thus, in Chapter 2, I set about interpreting privacy as a moral and political value, in light of the strengths and weaknesses of the philosophical literature on privacy. Their strength is that they show that there are many reasons for caring about privacy, or many ways in which we might define it as a democratic value. Their weakness is that they tend to assume that we must choose amongst these different conceptions of privacy, in order to provide a philosophically cogent account of privacy. This, I show, is a mistake and one that can be remedied by remembering that a commitment to the equality of individuals requires us to acknowledge the reasonable differences in value and interest that may characterize their relations in a democracy. When we do so, I show, it is possible to define privacy in terms of its protection for self-definition, intimacy and confidentiality, without having to choose between the three of them. For individuals may legitimately disagree about the differences between privacy and other values, even while holding that privacy is a distinctive and important democratic good; and they may also disagree about the importance of privacy compared to other goods, such as equality, without denying that self-definition, intimacy and confidentiality can be morally and politically desirable in a democracy. In Chapter 2, therefore, I show that we can provide a philosophically adequate account of what privacy is and why it is valuable without supposing that privacy is always sexually egalitarian, or denying that it has a distinctive place in a democratic conception of value. Chapter 3 then extends this account of privacy, by considering the justification for a legal right to privacy. Just as we cannot provide a democratic conception of privacy without attending to the different, though equally valid, concerns that individuals may have so, I show, we cannot provide a democratic account of privacy rights if we forget that individuals can, quite reasonably, differ in the importance that they attach to privacy. The result, I argue, is that we can distinguish two main reasons for protecting privacy by right in a democracy, the one personal and the other political. Whereas the former emphasizes the importance of self-definition, intimacy and confidentiality to the personal freedom and equality of individuals, the latter emphasizes their importance to their prospects for voluntary and equal participation in the processes of collective choice and deliberation that define a democratic government. These two justifications of privacy rights reflect the fact that in a democracy the personal can be political, as feminists have insisted, but need not be in order to merit protection by right. Indeed, I argue, we can distinguish democratic from undemocratic accounts of the right to privacy in this way: for whilst the former acknowledge the variety of individuals’ interests in personal and collective choice, the latter either collapse the political into the personal, or assume that the legitimate claims of individuals are merely a function of collective needs, interests and values. Neither of these is consistent with familiar assumptions about the nature and justification of democratic institutions and rights, nor can they be reconciled with a commitment to sexual equality. Thus, I conclude, though the fact that there are different justifications for privacy rights in a democracy means that individuals may legitimately disagree over the content and justification of basic rights, it is wrong to confuse democratic debate with moral or conceptual confusion and so, arbitrarily, to truncate our accounts of privacy, equality and democracy. Finally, in Chapter 4, I test and develop these claims by examining the justification for abortion rights in a democracy. I argue that women have legitimate interests in abortion, as well as in bearing children, because they have fundamental, and legitimate, interests in privacy and equality. Although safe and legal abortion is necessary to sexual equality, as feminists claim, I show that we can provide a convincing and democratic account of women’s claims to abortion only if we recognize women’s interests in self-definition, intimacy and confidentiality. This is because women have both personal and political interests in abortion and we will be unable adequately to identify these if we overlook their interests in privacy. Indeed, I show, the difference between democratic and undemocratic solutions to conflict over abortion lies precisely in this: that whereas the former acknowledge the importance of privacy to the personal and political equality of women, the latter overlook or deny this. As a result, the latter license both mandated abortions, although women have legitimate interests in bearing and raising children, and prohibitions on abortion that cannot be reconciled with the freedom and equality of women. That is not to say that abortion is not a politically significant matter, or that we can resolve moral conflict over abortion simply by giving women a legal right to abortion. Neither is the case. However, the chapter shows, in a democracy individuals are entitled to make morally and politically controversial decisions for themselves not simply because this is expedient or useful, but because this is right. To overlook this feature of democracy, I argue, is to make moral and political conflict utterly intractable by democratic means. Thus, while controversy over abortion has been held to show that privacy is an incoherent and undemocratic right, this chapter argues that it shows the reverse: for controversy over abortion makes clear that privacy is essential to democracy, and why this should be so. This overview of the book, I hope, makes clear that its concerns are methodological as well as substantive, and moral as well as political. Thus, its central methodological claim is that we cannot reconcile privacy with the equality of individuals unless we make a deliberate effort to do so. Its central moral and political claims are that privacy is compatible with the equality of individuals, and sufficiently important to the latter that, in a democracy, the privacy of individuals merits legal protection by right. However, this summary of the book also exposes its limitations. Chief amongst these, I fear, is that it provides no sustained discussion of the place of property on a democratic conception of privacy, and that the latter, itself, is rather a broad preliminary sketch than a polished and detailed portrait. I regard these limits on the scope and arguments of the book as limitations, albeit ones that I hope to be able to remedy before too long.However, limited though the book clearly is, I believe that it lays out the essential components of a democratic conception of privacy and that, by analysing and synthesizing several diverse bodies of literature, it may help those who are interested in the relations between privacy, equality and democracy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Enthusiastical Concerns of Dr. Henry More: Religious Meaning and the Psychology of Delusion by Daniel C. FoukeAllison P. CoudertDaniel C. Fouke. The Enthusiastical Concerns of Dr. Henry More: Religious Meaning and the Psychology of Delusion. Leiden: E.J. Brill, 1997. Pp. xi + 257. Cloth, $93.75.In this detailed examination of Henry More’s psychological explanation of enthusiasm, Daniel C. Fouke persuasively argues that previous discussions of seventeenth-century attitudes toward (...) enthusiasm have been marred by misplaced attempts to categorize them in terms of “rationalism,” “empiricism,” and the “new science.” As he says, “a central problem in every account is that anti-enthusiasts and their targets simply refuse to ally themselves according to commitments which, to our eye, should sort them into well-defined genealogies, neat schools, and clear enmities. Clear battle-lines fail to emerge, and any portrait of the typical ‘enthusiast’ never gets so far as a bare outline” (122). The ample evidence he offers to support this point appears in the three main sections of his book, in which he analyzes More’s attack on two types of scientific “enthusiasm,” alchemy, represented by Thomas Vaughan, and the mechanical philosophy, and on the religious and political enthusiasm of radical sects, represented primarily by the Quakers.Fouke points out how similar More’s own views are in many respects to the enthusiasts he excoriates, and he illustrates how tendentious and often unfair his criticisms are. For example, More viciously attacks Thomas Vaughan for his vitalistic, organic view of the natural world when he himself holds similar views. And he later attacks the mechanical philosophers for rejecting the kind of vitalism he had earlier attacked in Vaughan, while chiding them for ignoring the sympathetic effects he had detected with such repugnance in Vaughan.The same inconsistencies and misrepresentations hold true of More’s attack on the Quakers. He criticizes them for relying on the “Inner Light,” when he himself had used the same expression and adhered to the same conviction that religion was a matter of inner experience not outward observance.In both his attack on scientific and religious enthusiasm, More descends, as Fouke amply shows, to a level of ad hominem vituperation at odds with his professed tolerance and good manners. By attributing all enthusiasm to physical disorders, which, in More’s view, arise primarily from carnality and lust, More effectively stigmatized and even demonized his opponents (since the devil was masterful at using physical disorders for his nefarious purposes).What accounts for More’s harshness and inconsistencies? Fouke argues, again persuasively, that one must view More’s attacks on enthusiasm in the context of the political and religious upheavals of the time and in terms of his own metaphysical and cultural outlook. As Fouke points out, all attacks on enthusiasm involved the larger issue of authority. Where should one look for guidance—to the State, the Church, the individual? More was a traditionalist, who deplored the political and religious anarchy of the Civil Wars and Interregnum. But although he was a political conservative and traditionalist, he too had been influenced by religious radicals and believed that an individual’s religion must be heartfelt and not a matter of ritual compliance. In essence More’s attack on enthusiasm was basically an attempt to legitimize his own theology, anthropology, and natural philosophy in the name of an indisputable, higher, religious [End Page 467] authority. The irony of More’s position was that in vilifying enthusiasm and attributing it to insanity, More’s writings became a useful resource in the armory of the deists, materialists and atheists, who were his real targets.Fouke is especially interested in analyzing what he describes as the “poetic source” of More’s attack on enthusiasm. As he says at the beginning of his book:I will argue that More and his “enthusiastical” opponents were offering competing ideals of religious meaning which they expressed by singling out particular kinds of experience as types of religious and moral cognition. I will also show that they differed in their account of the “crisis” experience which provides entry to the spiritual life, grounding this experience in competing theoretical, narrative, and poetical contexts. I will... (shrink)

Intellectual engineering movements in early 20th century America – including scientific management, the progressive engineering platform, and technocracy – have received a great deal of attention from historians. Contemporaneous with these American movements, a British engineer was also developing a system of social and economic reform: the engineer was Major Clifford Hugh Douglas and the reforms would form the foundations of the Social Credit philosophy. While Social Credit has been studied extensively as a political and economic system, little consideration has (...) been given to the influence of Douglas’ engineering career on his ideology or to the relationship between Douglas and the American engineering reformists. This paper remedies this lacuna by analyzing Douglas’ proposed reforms in an engineering context. It is argued that the set of reforms proposed by Douglas in the final years of the First World War was an engineer’s view of the economic re-organization necessary for the betterment of the lower classes, the alleviation of scarcity, and the loosening of the noose which the existing financial system held around the neck of productive industry. Developed contemporaneously with, but ideologically independent from, the American intellectual engineering movements, Douglas’ reforms represent a technical response to the ills of World War I British society. It is concluded that Douglas’ engineering training and experience was central to his reform platform. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Life of Roman Republicanism by Joy ConnollyT. P. WisemanJoy Connolly. The Life of Roman Republicanism. Princeton: Princeton University Press, 2014. xix + 228 pp. Cloth. $39.95.This book was written for the best of reasons. Joy Connolly explains in her preface that she began to study the republican tradition in 2001, when “the Bush administration’s imprudence, paranoia, and disregard of democratic values stoked in me an anger equalled (...) only by the disgust I felt at my own and my fellow citizens’ inability or unwillingness to stand up to it” (xiv). The failure of the Left caused her “to ask questions that might help us to respond more intelligently and humanly to the situation in which we find ourselves” (xv). In particular, in this book her aim has been to exploit texts from the late Roman republic, to which students of political science have not paid enough attention, and thus recover “the suppressed history of republican political thought” (204). As she says in [End Page 372] conclusion, “I have sought to offer practical tools for civic education by articulating learnable practices of knowing the world that characterize late republican texts” (208, author’s emphasis). How well has this admirable ambition been achieved?According to the introduction, “[t]his book seeks to place Cicero’s Verrines, Caesarian orations, Republic, and Laws; Sallust’s Catiline and Jugurtha; and Horace’s Satires at the center of the republican tradition” (1); however, the Verrines and De legibus get only a couple of paragraphs each, and only one of the “Caesarian” orations is discussed at all. The actual contents are: chapter 1 on De republica (“Where Politics Begins”), which “presents Cicero as a thinker concerned with a collective of antagonists and competing interests, against conventional portrayals of his ideal republic as a homogeneous, unified, harmonious community” (20); chapter 2 on Sallust (“Justice in the World”), which argues that “Sallust’s withholding of judgment at the end of Jugurtha signifies the ways in which agents in the decaying republic withhold justice on a larger scale” (20); chapter 3 on Horace Satires I (“Non-Sovereign Freedom”), in which the obvious question (asked only at the end), “what might political and social progressives find worthy of consideration in Horace today?”, is answered with “Horatian satire undoes the claim to sovereignty that usually partners claims to moral judgment” (154); chapter 4 on Cicero’s view of oratory (“Dividual Advocacy”), which “reflects on the Roman preoccupation with faces, situations, the mutability of selfhood, and the degree to which the divided self mirrors the division of the polity” (21); and chapter 5 on Pro Marcello (“Imagination, Finitude, Responsibility, Irony”), which argues that “[b]y adopting hyperbole as the governing figure of this new style of senatorial speech, Cicero holds out the promise not of a morally legible universe, but of a recognition that every Roman now lives in conditions virtually ‘impossible to believe’, the emergence of one ruler, under whom the chains of traditional obligations do not consistently hold” (183). The short conclusion (“The Republic Remastered”) attacks “the tendency, dominant since the nineteenth-century emergence of sociology and economics, to treat human beings primarily as rational calculators or creatures of practical wisdom” (203) and expresses the hope that “close attention to these texts has the capacity to reshape the way we think about civic wisdom—the way schools teach history, literature, civics, and philosophy—about public discourse, especially public commentary on political oratory, and about the conversations we citizens hold among ourselves” (207).I have deliberately used the author’s own words to indicate what the book attempts to do, because I would find it impossible to summarise its argument any other way. Even with these formulae to help, Connolly’s selective and apparently random approach imposes a heavy burden on the reader to construct a coherent framework for her ideas. I think there are two main reasons for this. The first is a direct result of Connolly’s impressive mastery of the political-sciences literature. It is an excellent thing to be so thoroughly familiar with the works of Hannah Arendt, Simon Critchley, John Dewey, Michel Foucault, Dean Hammer, Bonnie Honig, Andreas Kalyvas, George Kareb... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:25 MORALITY AS A BACK-UP SYSTEM: HUME'S VIEW? The sense of duty is a useful device for helping men to do what a really good man would do without a sense of duty..... Nowell-Smith A certain picture of morality — arguably a Humean one — has come to have a prominent place in contemporary philosophy. On this picture, morality, as Richard Brandt asserts, is "a back-up system, which operates (...) when spontaneous personal caring fails 2 to motivate us to do as we ought." Morality — at least in the form of moral principles, whose force is felt through one's sense of duty — is, on this view, ideally superfluous. As a guide for one's own conduct it is needed only insofar as the agent's affective network is deficient. If one only spontaneously desired a, cared about b, cared for c, felt aversion towards d as, ideally, one should, moral principles and a sense of duty would be of no use. There are good reasons for supposing that this is Hume's view. After all, his characterization of acting from duty is more than a little disparaging: When any virtuous motive or principle is common in human nature, a person, who feels his heart devoid of that motive, may hate himself upon that account, and may perform the action without the motive, from a certain sense of duty, in order to acquire by practice, that virtuous principle, or at least, to disguise to himself,,as much as possible, his want of it. I will argue, however, that there is tension in Hume's ethics between two lines of thought. According to the first line of thought, and the one 26 usually associated with Hume, good conduct is conduct which is spontaneously prompted by virtuous desires. Unless our desires either are not what they should be or are motivationally weak, there is no need for mediation or tempering by a sense of duty or moral principles. According to the second line, the very good desires of a very good person may nonetheless need to be filtered, tempered, redirected or checked. This line is most evident in "Of the Origin of the Natural Virtues and Vices." Before arguing that these strains of thought are in tension in Hume's ethics, I need to clarify what is at issue and to develop the two competing pictures of moral motivation. First the issue. The issue is not 'Who is better: someone with a sense of duty but corrupt desires or someone with no sense of duty but ideal desires?' Nor is the issue one of the moral worth of actions ('Can an action have moral worth if it is not performed out of duty?') The issue, rather, is how to characterize morally good (or right) conduct. What role, if any, does a sense of duty or a Butlerian principle of reflection, i.e., an overarching, guiding conception of what is right or good which is 'juridically' supreme within the self, play in good conduct? Is morally good conduct ideally a matter of acting as one should from the proper desires? Or should the desires be governed and guided by moral principles? Consider two models of moral conduct. Model I: Morality as a Back-Up System On this picture, wrongness in conduct is traceable to an affective deficiency. The claim underlying this picture seems to be as follows: One 27 acts wrongly because one's passions are not quite what they should be. One person cheats in her business dealings because she cares too little about the welfare of others (and too much about her own); another is harsh and abrupt to a student because he cares too little about his students' concerns and is jealous and possessive when it comes to 'his time.' In each case the problem can be traced to an affective deficiency. Hume appears to be supporting this view when he asserts, "it may be establish'd as an undoubted maxim, that no act can be virtuous, or morally good, unless there be in human nature some motive to produce it, distinct from a sense of its morality' (T 479). A few pages later he writes, "[E]very immorality... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Understand All, Forgive Nothing:The Self-Indictment of Humbert HumbertYuval EylonFor me a work of fiction exists only insofar as it affords me what I shall bluntly call aesthetic bliss, that is a sense of being somehow, somewhere, connected with other states of being where art (curiosity, tenderness, kindness, ecstasy) is the norm.—Vladimir Nabokov, "On a Book Entitled Lolita"Pride is the tendency to overestimate oneself, or underestimate others. In either case, (...) a proud person overestimates his own qualities. Since such a person is inclined to view others as inferior and his own actions as admirable, a proud person is disposed to underestimate the suffering he inflicts on others, or worse—to try and justify it. Curiosity about others, tenderness, and kindness, rarely accompanies pride. Thus, it often conflicts with a charitable view of others, and begets cruelty and callousness. Pride is often accompanied by the desire to be admired by others. This desire gives rise to vanity, or vainglory: a vice that seems destined to give rise to further vices. Aquinas clearly expresses this view in the Summa Theologia:1... the vices which by their very nature are such as to be directed to the end of a certain capital vice, are called its daughters. Now the end of vainglory is the manifestation of one's own excellence, as stated above (A1, 4). To this end a man may tend in two ways. On one way directly, [End Page 158] either by words, and this is boasting, or by deeds, and then if they be true and call for astonishment, it is love of novelties which men are wont to wonder at most; but if they be false, it is hypocrisy. On another way a man strives to make known his excellence by showing that he is not inferior to another, and this in four ways. First, as regards the intellect, and thus we have "obstinacy," by which a man is too much attached to his own opinion, being unwilling to believe one that is better. Secondly, as regards the will, and then we have "discord," whereby a man is unwilling to give up his own will, and agree with others. Thirdly, as regards "speech," and then we have "contention," whereby a man quarrels noisily with another. Fourthly as regards deeds, and this is "disobedience," whereby a man refuses to carry out the command of his superiors.However, whereas pride is an attitude that a person has towards himself, vanity involves a relation with others which pride does not: it emanates from the need to manifest one's excellence to others and gain their approval. Thus, since the proud person does not engage with the opinions of others, his view of himself remains secure. Vanity, on the hand, can prove to be a blessing in disguise: the attempt to gain approval could lead to self-awareness.The pride of Humbert Humbert, the main character and narrator in Nabokov's Lolita, is the pride of an aesthete: intellectually superior, and determined to pursue his appetites. But Humbert is not only proud.2 He is also vain. Vanity leads him to seek the approval of others, and underlines his artistic aspirations. He undertakes the writing of a manuscript, designed to be a masterpiece that vindicates his actions. In his manuscript, Humbert tries to elicit the reader's sympathy, in the conviction that sympathetic identification would lead to acceptance. However, while he successfully challenges and threatens the reader's moral outlook, writing the manuscript has an unintended effect: it shatters Humbert's own convictions and leads to moral transformation. The reason for this transformation is that he recognizes the aesthetic faults of his work, and traces these faults to his own moral faults.The claim that aesthetic considerations can play an important role in moral thinking cannot be taken for granted. First, the threat of an empty aestheticism must be addressed, because it seems that aesthetic considerations and the pursuit of aesthetic ideals compete with moral considerations, rather than complete them. As Humbert illustrates, aesthetic pursuit motivates acts of cruelty and callousness, and aesthetic ideals are often devoid of any moral significance. Second, if aesthetic [End Page 159] considerations... (shrink)

Frederick Douglass (1817?–1875) is a monumental American figure. As a runaway slave and leading black thinker, speaker, and writer in the abolitionist movement and during Reconstruction and its tragic collapse, his legacy in American history is singular. His ideals and scorching criticisms have marked American political thought about democracy, religion, race, racism, liberty, and equality. American political parties claim him, especially the Republican Party, with which he has an early connection and which has used his figure as cover for their (...) less than egalitarian projects, as do different ideological camps. One can find accounts of Douglass as an existentialist, revolutionary, proto-libertarian, liberal, civic republican thinker. His North Star continues to guide those who welcome its light, although it may lead them down different political-ideological paths.In all of this, one can imagine that those not familiar with the details of Douglass’s narratives and deeds might, in the context of all of that national hagiography, lose track of the fact that he was a black man. Frederick Douglass was a black man born into slavery, survived that brutal regime for twenty-one years, and then escaped and became a principal leader of the American abolition movement and leading black political thinker. Shortly after escaping slavery, he wrote his first famous autobiography, The Narrative of the Life of Frederick Douglass, and subsequently two more, in addition to volumes of speeches, articles, and a novel. It is as if his monumentality, like marble, alabaster, or bronze—the stuff of civic memorials—would obscure that irreducible fact in its grand monotones.Nick Brommell’s The Powers of Dignity: The Black Political Philosophy of Frederick Douglass reminds readers that that irreducible fact is a nontrivial, essential element of Douglass’s life and work. Bromell argues that this includes the political theory, a product of Douglass’s black political philosophy that runs through it all. He contends that Douglass argued for an inclusive conception of personhood and active citizenship, which America’s founding public philosophy, distorted by white supremacy, purposefully did not. Its elements include a defense of the moral personhood of blacks and their full and equal citizenship and a view of political community enlivened by group solidarities and active citizenship in defense of justice.In the course of his analysis, Bromell, a literary theorist, draws on an assortment of contemporary philosophical, rhetorical, and political theories, all of which have a critical theoretical bent, to explicate Douglass’s ideas. This method bears fruit in an instructive analysis of the rhetorical structure of Douglass’ his arguments. Brommell’s analysis of Douglass’s My Bondage and My Freedom usefully explains how it stands out, not only in terms of updated autobiographical details, but also style and analytical and argumentative intent. This is a reading that other scholars have pioneered, but his rhetorical analysis fleshes out, for example, the role of moral sentiments, care, and intimate and social relations in Douglass’s narrative.A central feature of Bromell’s analysis is that Douglass employs what he and others call a “fugitive rhetoric” that comprises an emphasis on the perspective of his and other black Americans’ standpoints, the holding of opposite ideas in tension, and the use of the rhetorical technique “chiasmus,” where a statement is repeated in reverse order in successive phrases or clauses. It is an illuminating analysis, but Bromell goes further by claiming that Douglass was committed to the tenets of contemporary standpoint epistemology. Douglass certainly referenced and employed his experience and viewpoint as a black man and former slave in his work, just as he directly addressed the viewpoints and interests of black Americans. However, whether this means that Douglass was committed to the set of ideas that we now call standpoint epistemology is another matter. This concern applies to Bromell’s reading of Douglass’s method of holding seemingly contrasting ideas in tension and his use of chiasmus. Contemporary philosophical theories of chiasmus carry particular metaphysical and epistemological implications, and those theories might shed light on Douglass’s political projects. However, their incidental utility does not mean they definitively describe Douglass’s intent or public philosophy. This is a specifically important point because those theories lead to subjective conceptions of truth, especially relating to ethics and politics, while Douglass, as Bromell recognizes, repeatedly and emphatically endorsed what he took to be universal normative truths.In the same vein, Bromell makes several additional claims regarding the conceptual distinctiveness of Douglass’s view of power, dignity, rights, and citizenship. Douglass employed conceptions of each and other important ideas specific to his style, approach, and ends. As other black political thinkers did before him, he used these concepts to condemn slavery, racism, and the hypocrisy of American Republicanism and Christianity to assert the equal moral personhood and dignity of blacks and demand equal rights and citizenship. Bromell rightly emphasizes the role of “power,“ as an individual capability, in Douglass’s view of natural rights, moral dignity, and citizenship. It is an emphasis that is in keeping with both Douglass’s personal narrative and his national political projects. Douglass did not think that Americans—that Black Americans or abolitionists—should passively wait for deliverance from either God or national political leadership. Likewise, Bromell is correct to push back on reductions of Douglass’s views to Lockean, Rousseauian, or Kantian interpretations. Douglass is more than an incarnation of standard deontological, liberal, or civic republican philosophy. As a nineteenth-century black radical thinker, he stood in relation and contributed to those moral and political philosophical traditions. However, Bromell’s claim that Douglass’s conceptions of power, natural rights, and citizenship are conceptually distinct from the large host of major philosophical, theological, and political theoretical accounts that preceded him and influenced those ideas in his time is suggestive but not decisive.Like other writers and theorists before him, Bromell offers us another Douglass—as a black critical political theorist. This is a testament to the fecundity of Douglass’s black political-philosophical legacy. It is a legacy that leads to competing interpretations of him; all the same and for all their differences, his scorching prophetic vision of liberty, equality, citizenship, and progress unites them all. (shrink)

Our aim in this article is to bring some clarity to the clinical ethics expertise debate by critiquing and replacing the taxonomy offered by the Core Competencies report. The orienting question for our taxonomy is: Can clinical ethicists offer justified, normative recommendations for active patient cases? Views that answer “no” are characterized as a “negative” view of clinical ethics expertise and are further differentiated based on (a) why they think ethicists cannot give justified normative recommendations and (b) what they (...) think ethicists can offer, if they cannot offer recommendations. Views that answer “yes” to the orienting question are characterized as a “positive” view of clinical ethics expertise. Positive views are distinguished according to four additional questions. First (P1), how are those recommendations generated? Second (P2), what is the nature of the recommendations? Third (P3), we ask, how are the recommendations justified? And finally (P4), how are the recommendations communicated? (shrink)

Friedrich Nietzsche''s will to power, and the philosophical ediface built on this foundation, is formulated on a biologicism that is indebted to a particular post-Darwinian vision of the organism. Of the various models that attempt to formulate a comprehensive organismal biology, Nietzsche unknowingly grasped that of Elie Metchnikoff, who authored the theoretical foundation of modern immunology. Metchnikoff regarded the organism as a disharmonious entity, in constant inner strife between competing cellular activities. Immune functions were responsible for mediating harmonization, which however (...) remains an elusive ideal. This view of the organism posited an ever-changing, self-defining entity striving for self-actualization while in ceaseless inner struggle as well as in competition with the environment. The theory is no less than an epistemological response of how to establish the subject-object relation in a construct where the subject''s boundaries are dialectical and evolving. The similarity of the philosophical positions of Nietzsche and Metchnikoff regarding the Self offers rich resonance in current attempts to formulate a biomedical language appropriate to address the issues raised by these problems. (shrink)

ABSTRACTI consider objections to the use of living wills based upon the discontinuity of personal identity between the time of the execution of the directive anbd the time the person becomes incompetent. Recent authors, following Derek Parfit's “Complex View” of personal identity, have argued that there is often not sufficient identity interests between the competent person who executes the living will and the incompetent patient to warrant the use of the advance directive. I argue that such critics err by seeking (...) personal identity in a purely descriptive manner. By exploring Buchanan and Brock's concept of “surviving interests”, an argument is developed that certain future‐oriented acts have a normative force that contributes to the narrative unity which is constitutive of personal ideality. This narrative concept of the self is entailed by many of the our ordinary practices and challenges the philosophical consensus to view the self in a more dynamic and communitarian manner. (shrink)

Competence based education (CBE) and Bildung oriented education (BOE) fare differently when faced with problems that afflict our societies. CBE intends learning as the acquisition of separate competences thought of as objective measurable dispositions and goals to achieve, characterised by motivational states and intellectual and technical skills. By contrast, BOE is holistic and transmission oriented. BOE is understood as a process of interaction between the self and the world in the most general and widest possible way. BOE conceptualises learning as (...) a kind of construction of a meaningful picture of the world in learners’ minds. In this paper, I make a general case in support of BOE and against CBE that draws on Rahel Jaeggi’s conception of a form of life as an organised cluster of practices with a normative character. Forms of life are basic constituents of the social world. I first dissect the notion of form of life and that of immanent critique, which is, according to Jaeggi, the type of critique used by participants in a form of life to overcome problems and crises and make the form of life flourish (Jaeggi, 2022). I then contend––following Jaeggi––that forms of life can be conceptualised as collective problem-solving and learning activities with normative structure and historical character. This is so, because emancipatory forms of life are those that progressively resolve their own problems by learning about social reality through the exercise of immanent critique. Next, I argue that CBE and BOE represent two distinct types of critical attitude which ground respectively to diverse ways to conceive the norm underlying a certain form of life. I contend that CBE is a deviant form of life because its capacity for critical transformation is structurally limited due to a normative failure. This type of failure happens when the norm – and the critique -- is external to the form of life and applies to it from outside. Here the norm aims to be universally applicable because it is conceived as neutral, in line with the so-called “ideal of impartiality” -- that is the idea that there are neutral and impartial criteria by which it is possible to assess forms of life -- or alternatively when the norm assumes the form of an ideal perceived as never perfectly obtained in practice. One mode of the ideal of impartiality is represented by instrumental rationality which is exclusively concerned with the search for efficient means, and which consequently is not concerned with assessing the goals or ends pursued, differently from forms of life’s attitude. Furthermore, instrumental rationality is considered a dominant view because due to its alleged neutrality, it shapes not only the economic field but also those social practices that involve people and institutions (cf. Cruickshank, 2014, Mattei, 2023, Popp Berman 2022). However, the feeling is that neutral (instrumental) rationality allows to evade the question of meaning that social practices and forms of life have for people involved in them, and which have a distinct normative nature. By contrast, the type of rationality that BOE endows learners with is a form of immanent rationality, i.e. a form of rationality which considers contingencies and different contexts and situations which pose different problems to solve. BOE asks for reflection and this, in turn requires the use of historically, culturally and socially situated notions. In immanent critique trade-off procedures are used to strike a balance between the need to preserve the characteristics of a temporally situated form of life to safeguard its identity and the need to change some of them to cope with new problems. I conclude that while CBE does not stimulate the abilities required to heal the pathologies of forms of life and might even hinder their development, BOE is well suited to equip students with these abilities. In this work I will refer to ‘continental’ as well as to ‘analytical’ philosophers, while the style is more analytical as what pertains argument presentation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Symposium: The Future of the Art Museum: Curatorial and Educational Perspectives:IntroductionDaniel A. SiedellIntroductionThere are few futures pondered more often than the art museum's. The new millennium has spawned a veritable cottage industry of such prognostication. Most of it has occurred from the perspectives of building expansion, audience growth, and collection development. These are not, by any means, unimportant considerations. However, such sustained attention to them by directors, marketers, board (...) members, collectors, and the mass media tend to obscure the fact that these areas of concern are not ends in themselves. A new museum wing, higher attendance, and more gifts of art to the collection mean little unless they serve to facilitate specific curatorial and educational ends, which themselves are in the service of expanding and deepening their capacity to enhance the experience of art. The future of the art museum rests on the ability of curators and educators to develop new and more robust curatorial and educational work that is responsive to both the larger culture and to the vocational standards of their respective professions. Curators and educators need, then, to be more self-critical of their practices.This symposium brings together a few of these professionals to reflect on the future of the art museum from the perspective of those involved in the day-to-day production, presentation, and interpretation of works of art. It is occasioned by the publication of David Carrier's book, Museum Skepticism: A History of the Display of Art in Public Galleries, recently published by Duke University Press, and more specifically, Carrier's conclusion, which offers its own reflection on the future of the art museum. A frequent contributor to the Journal of Aesthetic Education, Carrier is a philosopher and art critic whose interests range widely from the art criticism of John Ruskin and Adrian Stokes to the writing of art history and the paintings of Sean Scully.1 Carrier's book, written while a scholar in residence at the Getty Center for the History of Art and the Humanities, explores the history and philosophy of art museums from the point of view of the narratives on which they rely as well as produce. And it is narratives that art educators and curators produce, affirm, and expand when they curate exhibitions and do educational programming.Because they are "public" institutions (even when they are private organizations) and serve many competing audience constituencies, art museums [End Page 1] often suffer from an acute identity crisis, even while they build large expansions, engage in aggressive campaigns to court collectors, placate increasingly more powerful governing boards, and expand their programming to the point that it ceases to be education. The business of the art museum often masks these deep crises, which eventually become a neurosis that plagues curatorial and educational practice. A symptom of this illness can be seen in the misplaced tension between curators and educators as a battle between the "scholars" and the "popularizers," the "elites" and the "community."In 1946 Alfred H. Barr Jr. of the Museum of Modern Art presented a paper called "Research and Publication in Art Museums."2 In it Barr not only recognizes the importance of museum scholarship; he argues that such scholarship, unlike that of the academic art historian, must engage and interact with "the man off the street." Indeed, Barr passionately believed that museum scholarship not only could but should engage a broader and more diverse public all the while remaining committed to scholarly ideals. Barr acknowledges the tensions between museums as "popular community centers" and museums as places of "research and publication." But, he continues, "Both can be done provided we have enough faith to believe in the values of both and enough skill to persuade others to agree with us."3 Barr's expansive definition of scholarship is instructive and a challenge. "By publication I mean not only the scholarly treatise but also the popular article or book, the classroom or public lecture, the gallery talk, publicity releases."4 For Barr, scholarship is not merely a curator's or educator's opportunity to address her professional colleagues and strengthen guild rank; it is a value that is infused throughout all work... (shrink)

When Russell argued for his ontological convictions, for instance that there are negative facts or that there are universals, he expressed himself in English. But Wittgenstein must have noticed that from the point of view of Russell's ideal language these ontological statements appear to be pseudo-propositions. He believed therefore that what these statements pretend to say, could not really be said but only shown. Carnap discovered a way out of this mutism: what in the material mode of speech of the (...) object language looks like a pseudo-proposition can be translated into a perfectly meaningful proposition in the formal mode of speech (in the metalinguistic mode of speech of the logical syntax of language). But is this ascent into the metalanguage necessary? Taking advantage of Lésniewski's logical system there exists another way outwe can expand the number of categories of our ideal language. But Leniewski's formulas raise another profound problem, the problem of semantical muteness (cf. W. G. Lycan Semantic Competence and Funny Functors Monist 64 (1979), 209–222). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Touching TestAI and the Future of Human IntimacyMartha J. Reineke (bio)Each Friday, the New York Times publishes Love Letters, a compendium of articles on courtship. A recent story featured Melinda, a real estate agent, and Calvin, a human resources director.1 They had met at a market deli counter. On their first date, a lasagna dinner at Melinda's home, Calvin posed the question, "What are you looking for in (...) a man?" To his surprise, Melinda reached into her pocket and pulled out a two-page list, "Melinda's Husband Traits." Her 46-item list begins with "Christian, honor God, put Him first" and includes as entry number 37, "He likes to be touched and likes to touch me." Notwithstanding laudable features of Melinda's inventory, if David Levy, President of the International Computer Games Association and an expert on artificial intelligence (AI), is correct in his predictions, in the years ahead, women like Melinda who know exactly what they are looking for in a husband will desire something radically new: a robot. After all, artificial agents will soon possess or improve on every quality the romantically inclined previously have sought in a human partner. [End Page 123]Levi predicts robots will be preferred romantic partners by the middle of this century.2 Capable of providing erotic satisfaction and creating deep emotional bonds with human partners, these robots will be an achievable outcome of AI engineering that already has brought to market industrial and service robots, virtual pets, and caregiver robots for the elderly. Levi offers a research-based inventory of traits a robot will offer its human partner: kindness and understanding, a sense of humor, expressiveness, intelligence, and sociability.3 He pinpoints additional features that will facilitate romance: The ideal robot partner will elicit erotic attraction, give evidence of readiness for a serious relationship with its verbal assertions, and possess a capacity for mutual intimacy.4 Levi's argument is intentionally provocative, for he emphasizes the centrality of sex to future robot/human pairings, waxing rhapsodic about the performative superiority of robots to humans in the sexual act.5Elaborating on potential human love relationships with robots, Levi asserts that a robot will need to master imitation if a human is to want it as a romantic partner. Not only is imitation a central aspect of every human-to-human relationship, but also imitation has been identified by researchers as a crucial element in romantic desire.6 Levi states that human-to-human attraction is founded on similarities between prospective partners in appearance, personality, and social context. It is sustained only through what Levi calls "reciprocal liking."7 For romantic relationships between humans and robots to flourish, they too must engage in acts of reciprocal imitation.In highlighting the necessity of imitation in effective robot and human interactions, Levi draws close to René Girard's theory of "mimetic desire." According to Girard, imitation structures all "wanting,"8 delineating what we aspire to look like or hope to possess and determining what we value, take comfort in, or experience as a threat. Indeed, the individual is never the origin point of its desires. Each of us always desires mimetically—according to the desire of the other.9 As Scott Garrels confirms in Mimesis and Science, researchers studying imitation in developmental, comparative, and social psychology, as well as in neurophysiology and cognitive neuroscience, support Girard's claims: Imitation is fundamental in human life.10 Likewise, Girard concurs with Levi that romantic relationships are primary examples of imitative desire. As described by Girard in Deceit, Desire, and the Novel, imitative behaviors form the romantic triangles that feature prominently in fiction: for example, Odette and the many men enchanted by her in Proust's In Search of Lost Time; Anselmo, Lotario, and Camilla in Don Quixote; and Velchaninov and Troussotzki, along with Troussotzki's deceased wife and prospective fiancée, in Dostoyevsky's The Eternal Husband.11 [End Page 124]Notwithstanding similarities in Levi and Girard's views of imitation, they differ in a crucial respect. Only Girard acknowledges just how extraordinarily fraught mimesis can become. When imitators compete (e.g., for things, status, and experiences), they will contest... (shrink)

Along with competing legal concepts of positivism and gnoseologism in the second half of the 19th century, a direction of legal psychology was formed, within which the psychological theory of law by the Russian and Polish lawyer L.I. Petrazhitsky takes a prominent place. L.I. Petrazhitsky's legal theory interprets the law as a mental phenomenon in a person's mind. The mental life forms the internal and external legal behavior. Studying the law becomes possible only by analyzing the subject's particular kind of (...) emotional life - legal experience. Our focus on the individual's emotional world gives us reason to think of the theory as individualistic, i.e., close to the subject's mental life. At the same time, the Russian lawyer's psychological doctrine also gains explanatory potential for scrutinizing social life. It contains ideas that reveal such mechanisms of social functioning as the affirmation of the ideal of love as the ultimate goal of law-making, the priority of unofficial law in the life of society, and a specific interpretation of public and private law. The system of legal emotions is carried out on the social niveau and establishes such values as love and social order. The article reconstructs the main provisions of Petrazhitsky's psychological theory of law from the point of view of the interaction of its individual and social sides. The social potential of the Russian lawyer's theory appears capable of supplementing and explaining the ideas of socialism and sobornost discussed widely at the turn of the 19th and 20th centuries. Petrazhitsky's individualistic doctrine appears as a flexible concept, capable of fitting organically into various philosophical and sociological contexts. (shrink)

The political history of the twentieth century can be viewed as the history of democracy’s struggle against its external enemies: fascism and communism. This struggle ended with the fall of the Berlin Wall and the collapse of the Soviet regime. Some people think that democracy now faces new enemies: Islamic fundamentalism, religious extremism and international terrorism and that this is the struggle that will define our times. Todorov disagrees: the biggest threat to democracy today is democracy itself. Its enemies are (...) within: what the ancient Greeks called 'hubris'. Todorov argues that certain democratic values have been distorted and pushed to an extreme that serves the interests of dominant states and powerful individuals. In the name of ‘democracy’ and ‘human rights’, the United States and some European countries have embarked on a crusade to enlighten some foreign populations through the use of force. Yet this mission to ‘help’ others has led to Abu Ghraib and Guantanamo, to large-scale destruction and loss of life and to a moral crisis of growing proportions. The defence of freedom, if unlimited, can lead to the tyranny of individuals. Drawing on recent history as well as his own experience of growing up in a totalitarian regime, Todorov returns to examples borrowed from the Western canon: from a dispute between Augustine and Pelagius to the fierce debates among Enlightenment thinkers to explore the origin of these perversions of democracy. He argues compellingly that the real democratic ideal is to be found in the delicate, ever-changing balance between competing principles, popular sovereignty, freedom and progress. When one of these elements breaks free and turns into an over-riding principle, it becomes dangerous: populism, ultra-liberalism and messianism, the inner enemies of democracy. (shrink)

The controversies over genetically modified crops in India involve what Gieryn refers to as ‘boundary work’ in the ongoing competition for credibility and trustworthiness among claimsmakers with opposing points of view. Discourse about GM crops involves extensive drawing of boundaries by actors including policymakers, technocrats, NGOs, scientists, industrialists, and farmers. The issues raised range from governmental processes to moral and ethical implications, from environmental consequences to integration into the global economy. Those involved in these discussions frequently invoke the idealized (...) notions of farmers and farming in order to situate themselves within the boundary of a particular social category which may lend credibility to their claims. While Gieryn has focused primarily on scientists’ attempts to construct a boundary between science and non-science in order to establish themselves as experts, strengthen the credibility of their claims and avoid political interference in their intellectual activities, this article focuses on a different way in which knowledgeable and influential actors lay claim to trustworthiness by drawing a different kind of social boundary around themselves. This article will especially focus on the ways in which the category of farmers is used in the GM crop controversies by actors who are in a position to influence public policies regarding GM crops, especially in their efforts to justify their policy prescriptions. The thesis here is that GM crop controversies in India reflect elite actors’ attempts to compete for a shared social identity with farmers, thus constructing a context for the particular public policy prescriptions they support. The thesis is supported by a lexical item frequency analysis of discussion related to genetically modified cotton in India which demonstrates that boundary work using social identity of farmers plays a significant role in shaping the discourse surrounding the adoption and governance of GM crops. (shrink)