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  1. Adorno: Disenchantment and Ethics.J. M. Bernstein - 2001 - New York: Cambridge University Press.
    Theodor W. Adorno is best known for his contributions to aesthetics and social theory. Critics have always complained about the lack of a practical, political or ethical dimension to Adorno's philosophy. In this highly original contribution to the literature on Adorno, J. M. Bernstein offers the first attempt in any language to provide an account of the ethical theory latent in Adorno's writings. Bernstein relates Adorno's ethics to major trends in contemporary moral philosophy. He analyses the full range of Adorno's (...)
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  2. Torture and Dignity: An Essay on Moral Injury.J. M. Bernstein - 2015 - University of Chicago Press.
    In this unflinching look at the experience of suffering and one of its greatest manifestations—torture—J.M. Bernstein critiques the repressions of traditional moral theory, showing that our morals are not immutable ideals but fragile constructions that depend on our experience of suffering itself. Morals, Bernstein argues, not only guide our conduct but also express the depth of mutual dependence that we share as vulnerable and injurable individuals. Beginning with the attempts to abolish torture in the eighteenth century, and then sensitively examining (...)
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  3.  56
    "Public Health Ethics".Ruth Faden & Justin Bernstein - 2020 - Stanford Encyclopedia of Philosophy.
    This encyclopedia entry provides an overview of the field of public health ethics. It focuses on what distinguishes public health ethics from other nearby subfields—especially biomedical ethics. It also frames the problems of public health ethics in terms of the concepts of justice and political legitimacy.
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  4. The Fate of Art: Aesthetic Alienation From Kant to Derrida and Adorno.J. M. Bernstein - 1992 - Pennsylvania State University Press.
    Aesthetic alienation may be described as the paradoxical relationship whereby art and truth have come to be divorced from one another while nonetheless remaining entwined. J. M. Bernstein not only finds the separation of art and truth problematic, but also contends that we continue to experience art as sensuous and particular, thus complicating and challenging the cultural self-understanding of modernity. Bernstein focuses on the work of four key philosophers—Kant, Heidegger, Derrida, and Adorno—and provides powerful new interpretations of their views. Bernstein (...)
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  5.  37
    Recovering ethical life: Jürgen Habermas and the future of critical theory.J. M. Bernstein - 1995 - New York: Routledge.
    Jurgen Habermas' construction of a critical social theory of society grounded in communicative reason is one of the very few real philosophical inventions of recent times that demands and repays extended engagement. In this elaborate and sympathetic study which places Habermas' project in the context of critical theory as a whole past and future, J. M. Bernstein argues that despite its undoubted achievements, it contributes to the very problems of ethical dislocation and meaninglessness it aims to diagnose and remedy. Bernstein (...)
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  6.  31
    Does identity-relative paternalism prohibit (future) self-sacrifice? A reply to Wilkinson.Charlotte Garstman, Sterre de Jong & Justin Bernstein - 2023 - Journal of Medical Ethics 49 (6):406-408.
    Paternalism has attracted new defenders in recent years. Such defenders typically either downplay the normative significance of autonomy or deny that we are sufficiently rational for paternalistic interventions to be objectionable.1 Both of these argumentative strategies constitute challenges to John Stuart Mill’s influential anti-paternalistic ‘harm principle’, which states that coercive interference with the liberty of competent adults is justifiable only if such interference prevents harm to non-consenting third parties (Mill, p. 23).2 In this journal, Wilkinson has provided a novel, provocative (...)
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  7.  69
    Against the Public Goods Conception of Public Health.Justin Bernstein & Pierce Randall - 2020 - Public Health Ethics 13 (3):225-233.
    Public health ethicists face two difficult questions. First, what makes something a matter of public health? While protecting citizens from outbreaks of communicable diseases is clearly a matter of public health, is the same true of policies that aim to reduce obesity, gun violence or political corruption? Second, what should the scope of the government’s authority be in promoting public health? May government enact public health policies some citizens reasonably object to or policies that are paternalistic? Recently, some theorists have (...)
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  8.  31
    The Philosophy of Recognition: Historical and Contemporary Perspectives.Frederick Neuhouser, Jay M. Bernstein, Michael Quante, Ludwig Siep, Terry Pinkard, Daniel Brudney, Andreas Wildt, Nancy Fraser, Axel Honneth, Emmanuel Renault, Hans-Christoph Schmidt am Busch, Jean-Philippe Deranty & Arto Laitinen - 2009 - Lexington Books.
    Edited by Hans-Christoph Schmidt am Busch & Christopher Zurn. This volume collects original, cutting-edge essays on the philosophy of recognition by international scholars eminent in the field. By considering the topic of recognition as addressed by both classical and contemporary authors, the volume explores the connections between historical and contemporary recognition research and makes substantive contributions to the further development of contemporary theories of recognition.
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  9. The Fate of Art: Aesthetic Alienation from Kant to Derrida and Adorno.J. M. Bernstein - 1998 - Philosophical Quarterly 48 (190):132-134.
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  10. You Can’t Have Your Steak and Call for Political Action on Climate Change, Too.Justin Bernstein - forthcoming - Journal of Value Inquiry:1-21.
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  11. Negative dialectic as fate: Adorno and Hegel.Jay M. Bernstein - 2004 - In Tom Huhn, The Cambridge Companion to Adorno. New York: Cambridge University Press. pp. 19--50.
     
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  12.  65
    Anti-Vaxxers, Anti-Anti-Vaxxers, Fairness, and Anger.Justin Bernstein - 2021 - Kennedy Institute of Ethics Journal 31 (1):17-52.
    Some parents take advantage of legal exemptions for the measles-mumps-rubella vaccine. While there are a variety of reasons parents do so—including having children with medical conditions that make vaccination medically unsafe—some parents appear to be driven, at least in part, by beliefs that vaccines cause a variety of diseases or conditions, such as autism. Those who delay or refuse the MMR vaccine because of false beliefs about its side effects elicit a strikingly strong response from many who endorse MMR vaccine (...)
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  13. Why Free Market Rights are not Basic Liberties.C. M. Melenovsky & Justin Bernstein - 2015 - Journal of Value Inquiry 49 (1-2):47-67.
    Most liberals agree that governments should protect certain basic liberties, such as freedom of speech, freedom of religion and freedom of the person. Liberals disagree, however, about whether free market rights should also be protected. By “free market rights,” we mean those rights typically associated with laissez-faire economic systems such as freedom of contract, a right to market returns, and claims to privately own the means of production.We do not use the phrase “economic liberties,” as Tomasi does, because it does (...)
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  14.  26
    Ethical Tradeoffs in Public Health Emergency Crisis Communication.Justin Bernstein, Anne Barnhill & Ruth R. Faden - 2024 - American Journal of Bioethics 24 (4):83-85.
    Spitale et al. (2024) address a public health ethics question of great importance: How should governments communicate with the public during public health emergencies? The article highlights severa...
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  15. (1 other version)Suffering injustice: Misrecognition as moral injury in critical theory.J. M. Bernstein - 2005 - International Journal of Philosophical Studies 13 (3):303 – 324.
    It is the persistence of social suffering in a world in which it could be eliminated that for Adorno is the source of the need for critical reflection, for philosophy. Philosophy continues and gains its cultural place because an as yet unbridgeable abyss separates the social potential for the relief of unnecessary human suffering and its emphatic continuance. Philosophy now is the culturally bound repository for the systematic acknowledgement and articulation of the meaning of the expanse of human suffering within (...)
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  16.  33
    A Public Health Ethics Case for Mitigating Zoonotic Disease Risk in Food Production.Justin Bernstein & Jan Dutkiewicz - 2021 - Food Ethics 6 (2):1-25.
    This article argues that governments in countries that currently permit intensive animal agriculture - especially but not exclusively high-income countries - are, in principle, morally justified in taking steps to restrict or even eliminate intensive animal agriculture to protect public health from the risk of zoonotic pandemics. Unlike many extant arguments for restricting, curtailing, or even eliminating intensive animal agriculture which focus on environmental harms, animal welfare, or the link between animal source food (ASF) consumption and noncommunicable disease, the argument (...)
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  17.  61
    Re-enchanting nature.J. M. Bernstein - 2000 - Journal of the British Society for Phenomenology (3):277-299.
    [This is a revised and expanded version of an article of the same name published in the Journal of the British Society for Phenomenology, October 2000: 31(3), 277–299.].
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  18.  73
    Hegel’s Hermeneutics.J. M. Bernstein - 1998 - Philosophical Review 107 (1):158.
    Arguably, the most promising and compelling route to demonstrating the significance of Hegel’s thought to contemporary philosophy has been the series of recent readings that construe Hegel as continuing and completing Kant’s Copernican turn. Paul Redding explicitly locates his interpretation within this program, seeing the hermeneutic dimension of Hegel’s thought as providing for the possibility of continuing the Kantian project. Kant’s Copernican turn can be loosely stated as the procedure of reflectively uncovering unexperienced conditions of experience that contribute to the (...)
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  19.  75
    The Case for ‘Contributory Ethics’: Or How to Think about Individual Morality in a Time of Global Problems.Travis N. Rieder & Justin Bernstein - 2020 - Ethics, Policy and Environment 23 (3):299-319.
    Many of us believe that we can and do have individual obligations to refrain from contributing to massive collective harms – say, from producing luxury greenhouse gas (GHG) emissions; however, our individual actions are so small as to be practically meaningless. Can we then, justify the intuition that we ought to refrain? In this paper, we argue that this debate may have been mis-framed. Rather than investigating whether or not we have obligations to refrain from contributing to collective action, perhaps (...)
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  20. Trust: On the real but almost always unnoticed, ever-changing foundation of ethical life.J. M. Bernstein - 2011 - Metaphilosophy 42 (4):395-416.
    Following the lead of Annette Baier, this essay argues that trust relations provide the ethical substance of everyday living. When A trusts B, A unreflectively allows B to approach sufficiently close so as to be able to harm A. In order for this to be possible, A practically presupposes that B perceives A as a person and will hence act accordingly. Trust relations are relations of mutual recognition in which we acknowledge our mutual standing and vulnerability with respect to one (...)
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  21.  13
    Rights.J. M. Bernstein - 2020 - In Ann Laura Stoler, Stathis Gourgouris & Jacques Lezra, Thinking with Balibar: A Lexicon of Conceptual Practice. New York: Fordham University Press. pp. 230-252.
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  22.  81
    Living in the borderland: the evolution of consciousness and the challenge of healing trauma.Jerome S. Bernstein - 2005 - New York: Routledge, Taylor & Francis Group.
    Living in the Borderland addresses the evolution of Western consciousness and describes the emergence of the "Borderland," a spectrum of reality that is beyond the rational yet is palpable to an increasing number of individuals. Building on Jungian theory, Jerome Bernstein argues that a greater openness to transrational reality experienced by Borderland personalities allows new possibilities for understanding and healing confounding clinical and developmental enigmas." "Living in the Borderland challenges the standard clinical model, which views normality as an absence of (...)
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  23.  10
    Leo Strauss on the Borders of Judaism, Philosophy, and History.Jeffrey Alan Bernstein - 2015 - Albany: State University of New York Press.
    _Explores how the thought of Leo Strauss amounts to a model for thinking about the connection between philosophy, Jewish thought, and history._.
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  24. The case against libertarian arguments for compulsory vaccination.Justin Bernstein - 2017 - Journal of Medical Ethics 43 (11):792-796.
    In a recent paper in this journal, Jason Brennan correctly notes that libertarians struggle to justify a policy of compulsory vaccination. The most straightforward argument that justifies compulsory vaccination is that such a policy promotes welfare. But libertarians cannot make this argument because they claim that the state is justified only in protecting negative rights, not in promoting welfare. I consider two representative libertarian attempts to justify compulsory vaccination, and I argue that such arguments are unsuccessful. They either fail to (...)
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  25.  61
    Classic and Romantic German Aesthetics.J. M. Bernstein (ed.) - 2002 - New York: Cambridge University Press.
    This 2002 volume brings together major works by German thinkers, writing just prior to and after Kant, who were enormously influential in this crucial period of aesthetics. These texts include the first translation into English of Schiller's Kallias Letters and Moritz's On the Artistic Imitation of the Beautiful, together with translations of some of Hölderlin's most important theoretical writings and works by Hamann, Lessing, Novalis and Schlegel. In a philosophical introduction J. M. Bernstein traces the development of aesthetics from its (...)
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  26.  31
    Moral Reasons for Individuals in High-Income Countries to Limit Beef Consumption.Jessica Fanzo, Travis N. Rieder, Rebecca McLaren, Ruth Faden, Justin Bernstein & Anne Barnhill - 2022 - Food Ethics 7 (2):1-27.
    This paper argues that individuals in many high-income countries typically have moral reasons to limit their beef consumption and consume plant-based protein instead, given the negative effects of beef production and consumption. Beef production is a significant source of agricultural greenhouse gas emissions and other environmental impacts, high levels of beef consumption are associated with health risks, and some cattle production systems raise animal welfare concerns. These negative effects matter, from a variety of moral perspectives, and give us collective moral (...)
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  27. Confession and forgiveness: Hegel's poetics of action.J. M. Bernstein - 1996 - In Richard Thomas Eldridge, Beyond Representation: Philosophy and Poetic Imagination. New York: Cambridge University Press. pp. 34--65.
     
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  28. Love and Law: Hegel's Critique of Morality.Jay M. Bernstein - 2003 - Social Research: An International Quarterly 70 (2):393-431.
     
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  29.  33
    Reciprocity and the ethics of giving during pandemics.Pierce Randall & Justin Bernstein - 2021 - Journal of Social Philosophy 52 (4):516-535.
    Journal of Social Philosophy, EarlyView.
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  30.  22
    How Should Governments Make COVID-19 Policy?Justin Bernstein, Anne Barnhill & Trevor Rieder - 2021 - The Philosophers' Magazine 95:43-50.
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  31. Marx’s Attempt to Leave Philosophy.J. M. Bernstein - 2001 - Philosophical Review 110 (2):275-278.
    Arguably, there is no gesture more typical to philosophy than its repudiation, the sense that philosophical endeavor is a symptom of the pathologies or dislocations of everyday life it seeks to remedy. Throughout the nineteenth century—in the writings of the German Romantics, Young Hegelians, Marx, Kierkegaard, and Nietzsche—the repudiation of philosophy is a constant. Sometimes this repudiation takes a reflective form in which traditional philosophical claims are translated into another vocabulary, or are deflated ; sometimes alternative methods are adopted that (...)
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  32.  44
    Overseeing Research on Therapeutic Cloning: A Private Ethics Board Responds to Its Critics.Ronald M. Green, Kier Olsen DeVries, Judith Bernstein, Kenneth W. Goodman, Robert Kaufmann, Ann A. Kiessling, Susan R. Levin, Susan L. Moss & Carol A. Tauer - 2002 - Hastings Center Report 32 (3):27-33.
    Advanced Cell Technology's Ethics Advisory Board has been called window dressing for a corporate marketing plan. But the scientists and managers have paid attention, and the lawyers have gone along.
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  33. Political modernism : the new, revolution, and civil disobedience in Arendt and Adorno.J. M. Bernstein - 2012 - In Lars Rensmann & Samir Gandesha, Arendt and Adorno: political and philosophical investigations. Stanford, California: Stanford University Press.
  34.  13
    6. Negative Dialektik. Begriff und Kategorien III. Adorno zwischen Kant und Hegel.Jay Bernstein - 2006 - In Theodor W. Adorno, Theodor W. Adorno: Negative Dialektik. Akademie Verlag. pp. 89-118.
  35.  73
    Mimetic Rationality and Material Inference : Adorno and Brandom.J. M. Bernstein - 2004 - Revue Internationale de Philosophie 1:7-23.
  36. 8 Autonomy and solitude.J. M. Bernstein - 1991 - In Keith Ansell-Pearson, Nietzsche and Modern German Thought. New York: Routledge. pp. 192.
     
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  37.  39
    Does a lack of emotions make chatbots unfit to be psychotherapists?Mehrdad Rahsepar Meadi, Justin S. Bernstein, Neeltje Batelaan, Anton J. L. M. van Balkom & Suzanne Metselaar - 2024 - Bioethics 38 (6):503-510.
    Mental health chatbots (MHCBs) designed to support individuals in coping with mental health issues are rapidly advancing. Currently, these MHCBs are predominantly used in commercial rather than clinical contexts, but this might change soon. The question is whether this use is ethically desirable. This paper addresses a critical yet understudied concern: assuming that MHCBs cannot have genuine emotions, how this assumption may affect psychotherapy, and consequently the quality of treatment outcomes. We argue that if MHCBs lack emotions, they cannot have (...)
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  38. To Be Is to Live, To Be Is to Be Recognized.J. M. Bernstein - 2009 - Graduate Faculty Philosophy Journal 30 (2):357-390.
  39.  27
    Concept and Object.J. M. Bernstein - 2019 - In Peter Eli Gordon, A companion to Adorno. Hoboken: Wiley. pp. 487–501.
    In the Preface to Negative Dialectics, Adorno states that the primary ambition of the book is to find a substitute for the “supra‐ordinated” concept and to “break through the deception of constitutive subjectivity.” For a book whose ambition is to renew the Marxist idea of critique, these are puzzling claims. The notions to be criticized are Kant's in The Critique of Pure Reason ; Adorno, from his earliest studies with Siegfried Kracauer, had taken Kant's theoretical philosophy as expressing the deepest (...)
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  40.  6
    Where is the Cross? On Gillian RoseInterview with J.M. Bernstein.Michael Lazarus & J. M. Bernstein - forthcoming - Thesis Eleven.
    In this interview with Michael Lazarus, Jay Bernstein reflects on the history of his intellectual friendship with Gillian Rose—until her early death, his dearest friend. It was a friendship rooted in a shared passion for Hegel's philosophy as the ground origin and abiding source of Marxist Critical Theory. In the course of the interview, Bernstein comments on the role of speculative propositions in Rose's reading of Hegel; her modernist understanding of the meaning of style even after her critique of Adorno (...)
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  41.  88
    De-divinization and the vindication of everyday life: Reply to Rorty.J. M. Bernstein - 1992 - Tijdschrift Voor Filosofie 54 (4):668 - 692.
    This essay originated as a reply to Richard Rorty's ”Habermas, Derrida, and the Functions of Philosophy“. In it, I contest Rorty's deployment of the categories of private selfcreation and the collective political enterprise of increasing freedom, first developed in Contingency, Irony and Solidarity, to demonstrate that the philosophical projects of Habermas and Derrida are complementary rather than antagonistic. The focus of my critique is two-fold: firstly, I contend that so-called critiques of metaphysics are always simutaneously engaging with some form of (...)
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  42.  72
    Judging Life: From Beauty to Experience. From Kant to Chaim Soutine.J. M. Bernstein - 2000 - Constellations 7 (2):157-177.
  43.  78
    Child’s Play.Jeffrey A. Bernstein - 2011 - Epoché: A Journal for the History of Philosophy 16 (1):49-64.
    This article explores the influence of Winnicott’s conceptual constellation of early childhood, play, use, transitional phenomena, and transitional object upon Agamben’s thinking of contemporary historical exigency.
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  44. Is Ethical Naturalism Possible? From Life to Recognition.J. M. Bernstein - 2011 - Constellations 18 (1):8-20.
  45.  24
    Promising and Civil Disobedience: Arendt’s Political Modernism.J. M. Bernstein - 2010 - In Roger Berkowitz, Thinking in Dark Times: Hannah Arendt on Ethics and Politics. New York: Fordham University Press. pp. 115-128.
  46.  33
    Presumed consent: licenses and limits inferred from the case of geriatric hip fractures.Joseph Bernstein, Drake LeBrun, Duncan MacCourt & Jaimo Ahn - 2017 - BMC Medical Ethics 18 (1):17.
    Hip fractures are common and serious injuries in the geriatric population. Obtaining informed consent for surgery in geriatric patients can be difficult due to the high prevalence of comorbid cognitive impairment. Given that virtually all patients with hip fractures eventually undergo surgery, and given that delays in surgery are associated with increased mortality, we argue that there are select instances in which it may be ethically permissible, and indeed clinically preferable, to initiate surgical treatment in cognitively impaired patients under the (...)
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  47.  47
    Reciprocity, Vulnerability, and the Moral Significance of Herd Immunity.Justin Bernstein & Mark Navin - 2023 - Journal of Applied Philosophy 40 (4):725-745.
    This article proposes a novel defense of vaccine mandates: such policies are justifiable because they protect the capabilities of individuals who cannot cultivate individual immunity against infection. We begin by considering a nearby argument that has recently enjoyed popularity, which claims individuals have an enforceable obligation to get vaccinated because they have benefited from community protection (often referred to as ‘herd immunity’), and thus they ought to do their fair share in sustaining that public good by getting vaccinated. We object, (...)
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  48. Philosophy of History as the History of Philosophy in Schelling’s System of Transcendental Idealism.Jeffrey Bernstein - 2004 - Epoché: A Journal for the History of Philosophy 8 (2):233-254.
    Schelling’s System of Transcendental Idealism is usually considered to be either (1) an early Fichtean-influenced work that gives little insight into Schelling’s philosophy or (2) a text focusing on self-consciousness and aesthetics. I argue that Schelling’s System develops a subtle conception of history which originates in a dialogue with Kant and Hegel (concerning the question of teleology) and concludes in proximity to an Idealist version of Spinoza. In this way, Schelling develops a philosophy of history which is, simultaneously, a dialectical (...)
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  49.  39
    Anthropocene Self-Consciousness: Response to “Critical Naturalism: A Manifesto”.Jay Bernstein - 2023 - Krisis | Journal for Contemporary Philosophy 43 (1):139-142.
    The prior issue of Krisis (42:1) published Critical Naturalism: A Manifesto, with the aim to instigate a debate of the issues raised in this manifesto – the necessary re-thinking of the role (and the concept) of nature in critical theory in relation to questions of ecology, health, and inequality. Since Krisis considers itself a place for philosophical debates that take contemporary struggles as starting point, it issued an open call and solicited responses to the manifesto. This is one of the (...)
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  50.  50
    The ethics of COVID‐19 vaccine mandates for healthcare workers: Public health and clinical perspectives.Rachel Gur-Arie, Brian Hutler & Justin Bernstein - 2023 - Bioethics 37 (4):331-342.
    COVID-19 vaccine uptake among healthcare workers (HCWs) remains of significant public health concern due to the ongoing COVID-19 pandemic. As a result, many healthcare institutions are considering or have implemented COVID-19 vaccine mandates for HCWs. We assess defenses of COVID-19 vaccine mandates for HCWs from both public health and professional ethics perspectives. We consider public health values, professional obligations of HCWs, and the institutional failures in healthcare throughout the COVID-19 pandemic which have impacted the lived experiences of HCWs. We argue (...)
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