IntroductionDespite the need for trained physician ethicists, fellowships in clinical ethics are limited and primarily offered to thosewho have completed a graduate degree. The standardization of credentialing for clinical ethics consultants (CECs) and the restructuring of undergraduate medical education allow innovative models to train CECs that can provide an expanded opportunity for formal ethics training at an earlier stage.MethodsAt the University of Michigan Medical School we developed, implemented, and evaluated a pre-doctoral clinical ethics fellowship program from 2017 to 2019 for (...) senior medical students, designed to meet established competencies for CECs. Consultation notes from the beginning and end of the fellowship program were randomly selected for each fellow and independently rated by two faculty ethicists who used the validated Ethics Consultation Quality Assessment Tool (ECQAT).1 Inter rater reliability and trends in scores over time were calculated.ResultsThree students successfully completed the fellowship at the University of Michigan Medical School, conducted at least 50 formal ethics consultations, and spent approximately 40 hours a week on service for a minimum of six months. All students finished the fellowship with teaching and policy development experience, first-authored peer-reviewed manuscripts, and national presentations. The fellows demonstrated improvement in their ECQAT overall holistic rating score; all ended their fellowship with a holistic score of adequate or above. There was 92 percent agreement between raters withrespect to the acceptability of the fellows’ ethics consult notes. Two fellows have taken and passed the Healthcare Ethics Consultant-Certification (HEC-C) exam offered by the American Society for Bioethics and Humanities (ASBH).ConclusionsIntegration of a pre-doctoral fellowship model that meets professional certification standards for clinical ethics consultation creates an opportunity for medical students to become trained CECs early in their career. (shrink)

Volume 20, Issue 7, July 2020, Page 77-80.

Adolescents develop the ability to reason through and rationalize their choices in accordance with their personal goals and beliefs as they progress through their teenage years. This concept of ‘em...

We applaud the authors’ efforts to provide a theoretical basis for and more clearly link clinical ethics support services (CESS) to organisational-level quality improvement (QI). We agree that additional theorising and testing of the resultant theoretical frameworks is of benefit to the field of clinical ethics and that the outcome of a CESS is more valuable than the sum of the individual cases that it handles. We would suggest that the authors have emphasised the output of the CESS without fully (...) considering the process by which it happens. While moral case deliberation does provide an example pathway for QI, such improvements do not necessarily need to occur through the mechanism of moral case deliberation. Further engagement with QI literature could provide valuable insights to quality within the field of clinical ethics. For example, combining the QI concepts of organisational culture and high reliability organisations (HROs) with the clinical ethics... (shrink)

Clinical ethics consultants are inevitably called to participate in and bear witness to emotionally challenging cases. With the move toward the professionalization of ethics consultants, the responsibility to respond to and address difficult ethical dilemmas is likely to fall to a small set of people or a single clinical ethicist. Combined with time constraints, the urgent nature of these cases, and the moral distress of clinicians and staff encountered during consultation, like other healthcare professionals such as physicians and nurses, clinical (...) ethics consultants could risk burnout. If it is true that clinical ethicists are at risk for burnout, an important strategy to avoid burnout is to develop sound self-care practices. This article reviews the goals and skills of ethics consultation and the role-specific reasons that clinical ethicists may be at risk for burnout, and argues that clinical ethicists may need to engage in self-care practices. Strategies to address burnout are reviewed and opportunities for future research are identified. (shrink)

BackgroundThe quality of ethics consults is notoriously difficult to measure. Survey-based assessments cannot capture nuances of consultations. To address this gap, we conducted interviews with health professionals who requested ethics consults during the initial phase of the COVID-19 pandemic.MethodHealthcare professionals requesting ethics consultation between March 2020 and May 2020 at a tertiary academic medical centre were eligible to participate. We asked participants to comment on the consults they called and thematically analysed responses to identify features associated with optimal quality consultations.ResultsOf (...) 14 healthcare providers, 8 (57%) were women and professions were as follows: 11 (79%) medical doctors, 1 (7%) social worker, 1 (7%) physician assistant and 1 (7%) nurse practitioner. Two aspects of quality emerged: satisfaction and value. Themes within the domain of satisfaction included: responsiveness of the ethics consultant, willingness to consult, institutional role of the ethics service and identifying areas for improvement. When describing value, respondents spoke of the intrapersonal and interpersonal worth of consultation.ConclusionParticipants were generally satisfied with ethics consultation services, similar to opinions of those found in pre-COVID-19 survey studies. Our qualitative approach allowed for a richer exploration of the value of ethics consultation during the pandemic and has implications for ethics consultation services more broadly. Ethics consultation—emphasising both the process and outcome—created valuable moral spaces, promoting thoughtful and ethical responses to dilemmas in patient care. Future assessments should incorporate patient and family/surrogate perspectives and explore the domain of education as an additional quality measure. (shrink)

Limited data exist in the specific content of pediatric outpatient ethics consults as compared to inpatient ethics consults. Given the fundamental differences in outpatient and inpatient clinical care, we aimed to describe the distinctive nature of ethics consultation in the ambulatory setting. This is a retrospective review at a large, quaternary academic center of all outpatient ethics consults in a 6-year period. Encounter-level demographic data was recorded, and primary ethical issue and contextual features were identified using qualitative conceptual content analysis. (...) A total of 48 consults were identified representing 44 unique patients. The most common primary ethical issue was beneficence and best interest concern comprising 20 (42%) consults, followed by refusal of recommended treatment comprising 11 (23%) consults and patient preference/assent comprising 5 (10%) consults. The most common contextual features were staff-family communication dispute/conflict comprising 28 (58%) consults, followed by legal involvement comprising 25 (52%) consults and quality of life comprising 19 (40%) consults. The most common consulting specialty was hematology/oncology. Ethical issues encountered in the provision of outpatient pediatric care are distinct and differ from those in inpatient consults. Further research is necessary to identify strategies and educational gaps in outpatient ethics consultation to increase its effectiveness and utilization. (shrink)

ABSTRACT In this essay I develop a feminist anti-colonial critique by reading two eighteenth-century literary texts that discuss Middle Eastern and Indigenous gender and sexual practices at length: Montesquieu's Lettres Persanes (1721) and Diderot's Supplément au Voyage de Bougainville (1772). While Montesquieu and Diderot are often heralded as anti-imperial European Enlightenment thinkers, the specific ways in which Montesquieu and Diderot use gender and non-European women's bodies to construct their political-theoretical arguments show us two distinct colonial logics, one imperial and the (...) other settler-colonial. I show that whereas Montesquieu uses Persian and Muslim sexual and gender practices to put forward an imperial vision premised on the superiority of French political order over a despotic ‘oriental’ order, Diderot uses Indigenous sexual practices to denote a settler-colonial logic premised on the erasure of conquest and pacification of Indigenous women's bodies. In doing so I build on existing feminist and post/anti-colonial scholarship to develop gender and sexuality as central analytics of imperial and settler-colonial politics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 23 (2003) 161-164 [Access article in PDF] Dakini's Warm Breath: The Feminine Principle in Tibetan Buddhism. By Judith Simmer-Brown. Boston: Shambhala, 2001. xxv + 404 pp. For more than a century, the dakini of Hindu and Buddhist tantric literature and practice lore has intrigued, fascinated, beguiled, and confounded Western scholars. First described by Austine Waddell in 1895 as "demonical furies" and "she-devils," S.C.Das's ATibetan-English Dictionary, published just (...) shortly afterward, defined mkha' 'gro ma (the Tibetan equivalent of the Sanskrit term dakini ) as "a class, mainly of female sprites, akin to our witches, but not necessarily ugly or deformed." More recently the dakini has been investigated by scholars as diverse as David Snellgrove, Rene Nebesky-Wojkowitz, Nathan Katz, Janet Gyatso, Miranda Shaw, and myself. Snellgrove suggested in his Buddhist Himalaya (1957) that "their [i.e., the dakinis' ] activities are generally so gruesome and obscene as to earn them quite properly the name witch," but he conceded that they entered Tibetan mythology "in a rather more gentle aspect." Even so, this ubiquitous, powerful, and yet ever-elusive figure —or symbol, image, motif, or principle—has remained, it seems, just beyond our reach. In a certain respect, this is exactly as it should be; for the dakini— at least within the systems of the Buddhist tantras—is the symbol of transcendent wisdom itself, direct and unmediated, hovering just outside the reach of all discursive language and reasoning.Today one scholar, Judith Simmer-Brown, has given us a thoughtful, well-informed, and well-researched treatment of the history and functioning of the dakini (which she prefers to refer to as a "symbol" or "principle") that seeks to present a balanced discussion and overview of this feminine principle and steers clear of the essentializing and reductionist pitfalls of either Jungian interpretations or contemporary feminist ones. It is timely that we take a careful look at Simmer-Brown's work, not only because it represents the most complete exploration to date of the dakini in a single volume, but also because this valuable study has just been reprinted in paperback.Though in the preface of her work Simmer-Brown characterizes her methodology as being "perhaps wildly messy," there is clearly both system and method in her [End Page 161] presentation. Her study begins with a careful delineation of what may be called the two extremes or poles of contemporary interpretations of the dakini: the one, influenced by Jungian psychology in which the dakini is seen as Jung's famed "shadow," and the other, influenced by feminist goddess theology, which has served either to see the dakini as a feminine savior or as the source of a critique of Tibetan Buddhism in which this feminine ideal reflects an objectified product of patriarchal fantasy. For Simmer-Brown, both poles of interpretation are inadequate; and in her first chapter, "Gender, Subjectivity, and the Feminine Principle," she argues powerfully and convincingly about why this is the case. Indeed, in many respects, this carefully argued opening chapter is the true centerpiece of the work.With respect to Jungian analysis, while Simmer-Brown sees "some real benefits in employing Jungian ideas in interpreting the dakini, " she notes the skewing and distorting complications introduced by Jung's emphasis on contrasexuality. Ultimately, Simmer-Brown declares, "the pervasiveness of the Jungian paradigm in examination of the dakini emphasizes contrasexuality, the ultimacy of gender imagery, and psychological interpretation. These emphases have precipitated a blizzard of feminist objections, and no wonder. However, that critique may be directed more toward Jungian tenets than toward Tibetan Buddhism, which has not been properly represented in Western interpretation" (17).Simmer-Brown's case is especially well made with regard to the second pole of interpretation. Here she notes that recent studies of the dakini that employ feminist considerations have generally taken two directions. Namely, "one identifies the dakini as a construct of patriarchy drawn by a primarily monastic Buddhism in Tibet into the service of the religious goals of male practitioners only. The second perspective identifies the dakini as a goddess figure in... (shrink)

Animalism, according to its strongest proponents, is the view that human beings are ‘essentially or most fundamentally animals’. Specifically, ‘we are essentially animals if we couldn’t possibly exist without being animals’ (Olson 2008). Although contemporary animalism offers an account superior to its Lockean competitors, Olson’s ‘biological approach’ has certain limitations, particularly in its denial of any psychological continuity whatsoever as either necessary or sufficient for individual persistence through time. I propose a number of amendments towards a Thomistic variety of animalism (...) that avoids these difficulties. Although prone to misinterpretation, animalism understood properly is compatible with Aquinas’s theory of subsistent intellect. Against recent challenges, I defend the view that Thomistic animalism not only is intelligible, but is indeed crucial for understanding Aquinas’s view of human nature and rationality. (shrink)

By focusing upon three figures: a trade unionist, who can no longer understand or reconcile himself with his past misogynist behaviour; Spinoza’s Spanish poet, who loses his memory and can no longer write poetry or even recognise his earlier work; and Spinoza’s lost friend, Burgh, who became a devout Catholic, I draw out Spinoza’s description of radical change in beliefs. I explore how, for Spinoza, radical changes that involve an increase in our powers of acting are conceived differently from those (...) changes that reduce our power. These transitions—which can be viewed as both personal and political—are not symmetrical because of the way in which they can be understood in relation to selfhood. To highlight the originality of Spinoza’s argument on personal change, I then compare it with that of his contemporary John Locke, who in Chapter 27 of the Essay Concerning Human Understanding famously theorises the maintenance of personal identity. I draw out one common aspect of the work of Étienne Balibar and of Janet Coleman to compare the ways in which Spinoza and Locke produce different answers to the same questions: how do we conceptualise our encounters with bodies and with ideas? How do these encounters affect our identity over time? In the final section, I switch from analysing personal (but also political) change to consider political change itself, by juxtaposing Warren Montag’s Spinozist analysis of the will, with Carole Pateman’s feminist critique of contract and consent. (shrink)

Personal reports of receiving bad news provide data that describes patients’ comprehension, reflections, experienced emotions, and an interpretative commentary with the wisdom of hindsight. Analysis of autobiographical accounts of “hearing bad news” enables the identification of patterns of how patients found out diagnoses, buffering techniques used, and styles of receiving the news. I describe how patients grapple with the news, their somatic responses to hearing, and how they struggle and strive to accept what they are hearing. I discuss metaphors used (...) within the languages of hearing bad news. Finally, I discuss implications for a change of focus in the breaking bad news research agenda, that is, from the physician’s “performance” to a patient-focused agenda. (shrink)

In this paper, I juxtapose the work of two contemporary feminist philosophers: Christine Battersby and Adriana Cavarero – both working within the Continental tradition – to show how they go well beyond feminist critique to produce different images of self-identity and conceptions of the political. Both reject traditional positions on selfhood but also stress the materiality of bodies and provide alternatives to the work of post-structuralists, such as Judith Butler. My aim is to draw out some of the politico-legal implications (...) of their differing images of selfhood. In the final section I then apply both their approaches to the concept of self to ask how their respective arguments can inform contemporary political questions regarding privacy and dissensus. (shrink)

There has been a marked increase in the active involvement of children and young people in social research. This move is underpinned by rights based arguments that children and young people should have a voice, and that this voice should be listened to. However, concerns have been raised about the appropriateness of children’s and young people’s rights and participation in research. This is primarily due to queries over whether they have enough capacity to enact the individual agency required to be (...) rights holders and participate in research. In addition, a focus on their inherent vulnerability continues to be a key feature of research ethics protocols. In this paper I argue that both capacity and vulnerability should be seen as socially produced, meaning that the scope for capacity to be increased and vulnerability decreased also lies within the social. I draw from notions of relational autonomy or ‘associational presence’ to argue that what children and young people need to be active participants in research is the creation of spaces within which relational agency can be nurtured and sustained. Such techniques and values are found in participatory research approaches and can be used to create such emancipatory environments. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 13.1 (2005) 111-114 [Access article in PDF] Response to Elvira Panaiotidi, "The Nature of Paradigms and Paradigm Shifts in Music Education" Janice Waldron Michigan State University Elvira Panaiotidi makes a strong case that MEAE and praxialism represent, respectively, the poesis and praxis strands of the Aristotelian conception of art and that, consequently, one cannot conclude that the two accounts are ontologically incompatible. At (...) this point I wish only to respond to an implication which I believe may be present and discuss its relevance. That is that the search for ontological explanations has historically preceded (or at least should precede) the development of music education theory. A brief look at the historical record indicates that the development of music education theory seems to have been dominated by the search for axiological more than ontological explanations. Panaiotidi lists both aspects as integral parts of the theoretical kernel, however, the need to justify music education in terms of value has, at least in the United States, apparently preceded any search for meaning.Michael Mark recounts a report of the Boston School Committee in 1837, at which certain arguments of Aristotle were invoked in order to persuade the commitee of the value of music instruction.1 The entire transcript of that meeting amounts to a polemic about the value of music, resulting from its supposed effects on the spirit, character, or health, yet the record is devoid of any discussion of what might actually constitute music.2 Marie McCarthy describes how the search for aesthetic foundations over a century later was fostered by a need to "explain [music education's] importance in the curriculum."3 Of the scholars of this period, Abraham Schwadron in particular was quite explicit in articulating how his theory of aesthetics was motivated by what he considered an appalling inability for music educators to validate their field's existence.4This is not to imply that the authors of our current philosophies were not searching for or failed to provide strong ontological arguments for music education or to insist that they have always framed the question: What is valuable about music? as the question: What is music? in order to address these ideological [End Page 111] and political pressures. I am merely suggesting that the search for ontological explanations has generally followed the search for value. The historical pattern is one of reaction to various pressures, followed by the eventual development of an aesthetic philosophical framework which was intended, directly or indirectly, to respond to those pressures. The magnitude of such pressures to justify the place of music in the curriculum would seem to differentiate music education paradigms from those of the social sciences and humanities, of which, the author asserts, they are hybrids. Combined with the marked differences in social and political pressures which are found in various times and places in America, it would also account for the emotional tone of the debate, to which the author also alludes. Presumably, such emotion results not only from various scholars' attachments to their ontological beliefs, but from the practical consequences which occur when a theory is ultimately rejected or implemented at the classroom level, based on its perceived ability to define what is valuable in music education.Although this differentiation is subtle and does not detract from the strength of Panaiotidi's central argument, it has implications for the eventual implementation of any unitary theory. Specifically, if we accept that, ontologically speaking, praxialism and aestheticism are two sides of the same coin, it is likely that the argument will simply transform into an axiological question concerning which side is more valuable, a fact to which the author also alludes. Considering past evidence, the overriding concern for value justification may make implementing any unitary theory difficult, regardless of the benefits that could potentially be gained through such a "balanced music education." Consider, for example, that a unitary theory would be less susceptible to ideological use because of its breadth. In other fields such as literature or science, this would be a... (shrink)

This paper argues that Epicurean friendship is instrumental in value, and Epicurus’s varied claims about friendship can be understood as teaching strategies that are tailored to different levels of students. After rejecting an argument that presents Epicurean friendship as intrinsic, I outline Epicurus’s methodology of teaching and examine his specific claims regarding friendship as intended for either novice, intermediate, or advanced students. This approach allows Epicurus’s weaker and stronger claims regarding friendship to be viewed as gradually progressing students towards the (...) good life without deviating from the ethical hedonism that frames his entire philosophical project. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THOMISTIC METAETIDCS AND A PRESENT CONTROVERSY XOOD STARTING point for understanding the recent controversy regarding the Grisez-Finnis interpretaition oi St. Thomas Aquinas's ethical theory is Finnis's claim that "by a 'Simple act of non-inferential understanding one grasps that the objeot of the [natural] inclination which one experiences is an instance of a general form of good, for oneself (and others like one)." 1 For here Finnis is denying an (...) inferential process by which one moves from a theoretical understanding (" understanding this nature from the outside, as it were" 2) of what inclinations humans,as humans have to the conclusion that the object oi the particular inclination in question is ·a human good. Instead, he is asserting that it is in a practical context that one understands an object of an inclination to be a human good, and thus generates, via the practical reason, ·a practical, prescriptive principle. An example of such a principle is " Knowledge is something good to have " which, for Finnis, is the same logically as " Knowledge is a good to be pursued " 3 which, in turn, is equivalent to "Knowledge ought to be pursued ",4 which is a prescriptive ("normative") rather than descriptive (factual) utterance.5 1Natural Law and Natural Rights (Oxford: Clarendon Press, 1980; hereafter NLNR), p. 34. Cf. Fundamentals of Ethics (Washington, D.C.: Georgetown University Press, 1983; hereafter FE), pp. 20-22. 2NLNR p. 34. s Ibid., p. 63. 4lbid., p. 42, note 56; "The Basic Principles of Natural Law: A Reply to Ralph Mclnerny," John Finnis and Germain Grisez, American Journal of Jurisprudence 26 (1981), pp. 21-31 (hereafter Reply to Mcinerny), pp. 23-24. See also Germain Grisez's well-known article "The First Principle of Practical Reason: A Commentary on the Summa theologiae, 1-2, Question 94, Article 2," Natural Law Forum 10 (1965), pp. 168-201 (hereafter FPPR), p. 194. 5 See, e.g., NLNR, pp. 44-45; Reply to Mcinerny, p. 23. Grisez and Finnis attempt to distinguish imperatives and prescriptions, which I argue against in 40 THOMISTIC METAETHICS AND A PRESENT CONTROVERSY 41 Finnis and Grisez, then, argue that practical principles, which encompass value-judgments about human goods, are arrived at through the practical reason and thus are prescriptive ("normative ") utterances, as opposed to descriptive or theoretical truths "of metaphysical anthropology ".6 Hence these principles cannot be derived from metaphysical claims.7 To argue for such,a derivation would he to hold that prescriptivity or normativity can emerge from pure descriptivity. Such a derivation, of course, would not account for the appearance of the prescriptive or action-guiding element. An alternative position, to be returned to below, is that value-judgments about human goods are descriptive in themselves. At the same time, owing to the natural inclination to do what we understand to be morally or humanly good, human beings could prescribe to themselves the pursuit of such human goods, once they are understood to be human goods. It should be noted that for Grisez and Finnis the basic practical principles are not moral but pre-moraL8 Still, Grisez and Finnis consider that they direct to ends completive of human nature. Hence, although these authors reserve the characterization of "' moraily right choices " to those that are not simply harmonious with one or another basic human good but rather to those that also do not run counter to any other human good,9 my paper "Is-Ought: Prescribing and a P1·esent Controversy," The Thomist 49, l (January, 1985), pp. 1-23 (hereafter Schultz), esp. pp. 10-Hl. s Reply to Mcinerny, pp. 23-24. 7 Ibid.; see note 13 below. In the paper mentioned in note 5 above I point out that Finnis seems to allow for the possibility of arriving at value-judgments through theoretical reasoning, since he says "I assert that judgments [about man's natural goods, about what man should be] are primarily (though perhaps not exclitsively) judgments of practical reason...." ("Natural Law and 'Is'-'Ought' Question: An Invitation to Professor Veatch," Catholic Lawyer 26, 4, 1981, p. 272, my emphasis. This article is subsequently referred to as Response to Veatch.) But he doesn't explain this, and in Reply to... (shrink)

If one accepts the social hierarchy that this taste structure masks, it is easy to accept the validity of the particular criteria which serve as the working test of excellence. In fact, the high value placed on rationality, complexity, irony, reflexivity, linguistic innovation, and the “disinterested” contemplation of the well-wrought artifact makes sense within cultural institutions devoted to the improvement of the individuality, autonomy, and productive competence of the already privileged individuals who come to them for instruction and advice.8 Appreciation (...) for the technical fine points of aesthetic achievement is also understandable among people whose daily work centers on the business of discrimination. But it is worth keeping in mind that the critical dismissal of literary works and institutions that do not embody these values as failures is an exercise of power which rules out the possibility of recognizing that such works and institutions might be valuable to others because they perform functions more in keeping with their own somewhat different social position, its material constraints, and ideological concerns. The essay critical dismissal of the Club and other “popularizers” is an act of exclusion that banishes those who might mount even the most minimal of challenges to the culture and role of the contemporary intellectual by proclaiming their own right to create, use, and value books for different purposes.My preoccupation with the Book-of-the-Month Club arises, then, out of a prior interest in the way books are variously written, produced, marketed, read, and evaluated in contemporary American culture. My subjects might best be described as ways of writing rather than Literature, ways of reading rather than texts.9 I have begun to examine the Club’s editorial operation with the intention of eventually comparing the manner, purpose, and substance of the editors’ choice of books with the choices of actual Book-of-the-Month Club members. Such a comparison seems potentially interesting for a variety of reasons. 8. For a discussion of the connections between the social position and role of literary academics and the values they promote through the process of canonization, see Jane Tompkins, Sensational Designs: The Cultural Work of American Fiction, 1790-1860 , esp. pp. 186-201.9. See, for instance, my earlier effort to specify how a group of women actually read and evaluate individual books in the much-maligned romance genre, Reading the Romance: Women, Patriarchy, and Popular Culture . I am indebted to Mary Pratt’s discussion of the concept of “literariness” and the way it disciplines ideologically this particular way of describing my own interests. Janice Radway is an associate professor of American civilization at the University of Pennsylvania. She is the author of Reading the Romance: Women, Patriarchy, and Popular Literature and is a former editor of American Quarterly. This article is part of a larger study, the working title of which is “The Book-of-the-Month Club and the General Reader: The Transformation of Literary Production in the Twentieth Century.”. (shrink)

This essay argues that religion is a distinctive form of human activity, and offers a philosophical account of what religion fundamentally is (and what it is not), within the context of the Free Exercise Clause. §I promotes religion as an action-theoretic concept. §II presents the claim that atheism can be regarded as a religion: this claim is rejected on the basis that religion cannot be defined as a set of propositional beliefs concerning metaphysics and morality. §III defends a paradigmatic account (...) of religion as a kind of activity ordered to a concept of transcendence or superior nature, and argues that morally excellent human actions can be identified as religious, but only in a secondary or derivative way. §IV contends with the problem of including act-omissions as instantiations of religious exercise, and proposes a solution with reference to recent arguments implicating two-way powers. (shrink)

This paper draws upon contemporary feminist philosophy in order to consider the changing meaning of privacy and its relationship to identity, both online and offline. For example, privacy is now viewed by European Court of Human Rights (ECtHR) as a right, which when breached can harm us by undermining our ability to maintain social relations. I briefly outline the meaning of privacy in common law and under the European Convention on Human Rights (ECHR) in order to show the relevance of (...) contemporary feminist thought, in particular the image of selfhood that stresses its relationality. I argue that the meaning of privacy is in the process of altering as a result of a number of contingent factors including both changes in technology, particularly computer mediated communication (CMC), and changes in the status of women. This latter point can be illustrated by the feminist critique of the traditional reluctance of the liberal state to interfere with violence and injustice within the “privacy” of the home. In asking the question: “how is the meaning of “privacy” changing?” I consider not only contemporary legal case law but also Thomas Nagel’s influential philosophical analysis of privacy. Nagel’s position is useful because of the detail with which he outlines what privacy used to mean, whilst bemoaning its passing. I agree with his view that its meaning is changing but am critical of his perspective. In particular, I challenge his claim regarding the traditional “neutrality of language” and consider it in the context of online identity. (shrink)

In this article I explore the usefulness of Spinoza’s ethics for feminism by considering ways in which it allows feminists to rethink privacy. I draw upon some of Spinoza’s central ideas to address the following question: when should information be classed as private and when should it be communicated? This is a question that is considered by the common law courts. Attempts to find a moral underpinning for such a tortious action against invasions of privacy have tended to draw upon (...) Kant’s categorical imperative. In contrast, I want to consider how Spinoza provides an immanent ethics that reconfigures how privacy is understood. (shrink)

This article aims to contribute to the question of how to conceptualise the relationship between theory and practice in feminist scholarship in law. It looks in detail at the implications of different issues raised in a recent debate between Anne Bottomley and Ngaire Naffine on the existence of a “legal feminist orthodoxy”. I critique the dominance of ethics over politics and join Bottomley in her attack upon “the ethics of respect for the other”, albeit from a different position. I then (...) look at the ways in which the problem of “essentialism” is being rethought from a feminist perspective. (shrink)

On Kratzer’s canonical account, modal expressions (like “might” and “must”) are represented semantically as quantifiers over possibilities. Such expressions are themselves neutral; they make a single contribution to determining the propositions expressed across a wide range of uses. What modulates the modality of the proposition expressed—as bouletic, epistemic, deontic, etc.—is context.2 This ain’t the canon for nothing. Its power lies in its ability to figure in a simple and highly unified explanation of a fairly wide range of language use. Recently, (...) though, the canon’s neat story has come under attack. The challenge cases involve the epistemic use of a modal sentence for which no single resolution of the contextual parameter appears capable of accommodating all our intuitions.3 According to these revisionaries, such cases show that the canonical story needs to be amended in some way that makes multiple bodies of information relevant to the assessment of such statements. Here I show that how the right canonical, flexibly contextualist account of modals can accommodate the full range of challenge cases. The key will be to extend Kratzer’s formal semantic account with an account of how context selects values for a modal’s.. (shrink)

This paper begins by isolating the reductive component of Brandom's inferentialism. In order to assess to what extent that reductive component is supported by the considerations Brandom marshals in its defense, I assess the comparative degree of support those considerations provide a non-reductive counterpart of Brandom's original, reductive theory. One of the central claims here is that once the reductive and non-reductive theories are placed side-by-side, it is clear that, save one, all of the considerations Brandom marshals in defense of (...) inferentialism equally well support its non-reductive counterpart. This shows that those considerations offer no support for the reductions at inferentialism's heart. -/- What the considerations raised here ultimately show is that Brandom's defense of the reductive core of his theory ultimately rests on the simple fact that it has a certain feature, namely, that it is reductive in the sense reserved here. I close with a brief discussion of some advantages that some reductive theories have over non-reductive ones, but show how none of these advantages are had by Brandom's theory in particular. (shrink)

Improving emotion regulation is central to borderline personality disorder (BPD) treatment, but little research indicates which emotion regulation strategies are optimally effective and when. Basic emotion science suggests that engagement emotion regulation strategies that process emotional content become less effective as emotional intensity increases, whereas disengagement strategies that disengage from it do not. This study examined whether emotional reactivity to emotional stimuli predicts the effectiveness of engagement and disengagement emotion regulation across self-report, general physiologic (heart rate), sympathetic (skin conductance responses), (...) and parasympathetic (respiratory sinus arrythmia) emotion in BPD, healthy, and clinical control (i.e. generalized anxiety disorder; GAD) groups. 120 participants (40 per group) were exposed to emotion inductions and then instructed to implement engagement (mindful awareness) and disengagement (distraction) strategies while self-report and physiological emotion measurements were taken. In the BPD and GAD groups, higher heart rate or respiratory sinus arrythmia reactivity, respectively, predicted improved mindful awareness effectiveness. Higher skin conductance reactivity predicted worsened distraction effectiveness in BPD. Higher reactivity may potentiate engagement emotion regulation, and exacerbate disengagement from emotional content, in BPD. Future research should examine other domains of emotion regulation that may be influenced by emotional intensity, and other forms of emotional intensity that may influence them. (shrink)

2. The Contingency and A posteriority Constraint: A formulation of the thesis must make physicalism come out contingent and a posteriori. First, physicalism is a contingent truth, if it is a truth. This means that physicalism could have been false, i.e. there are counterfactual worlds in which physicalism is false, for example, counterfactual worlds in which there are miracle -performing angels.[9] Moreover, if physicalism is true, our knowledge of its truth is a posteriori. This is to say that there are (...) ways the world could turn out to be such that physicalism is false. For example, if there are miracle -performing angels, then physicalism is false. So there are worlds considered as actual in which physicalism is false.[10] For short, call this ‘the a posteriority constraint’.[11]. (shrink)

This paper examines ethical issues involved in the mass marketing of securities to individuals. The marketing of products deemed “socially questionable” or “sinful” (like tobacco and alcohol) has long been recognized as posing special ethical challenges (Kotler, P. and S. Levy: 1971, Harvard Business Review 49, 74–80; Davidson, D. K: 1996, Selling Sin: The Marketing of Socially Unacceptable Products (Quorum Press, Westport). We contend that marketers should consider securities (i.e. common stock, options) in a similar vein, as a potentially dangerous (...) product. Given the inherent volatility of equity prices, responsible marketers need to exercise caution and restraint in promoting securities. We evaluate whether the NYSE’s current guidelines adequately encourage ethical marketing practices and deter unethical ones. Using recent examples of controversial brokerage advertisements, we expose weaknesses in the Exchange’s vague injunction that members not “mislead” reasonable people by making “exaggerated claims” in their communications. From a moral perspective, we find it troublesome that intentionality need not be present for a promotion to be considered misleading. Also problematic is the continued invocation of the reasonable person standard to judge the propriety of advertisements. We close with some thoughts on improving the quality of securities marketing. We suggest that the NYSE, in the interests of fostering higher ethical behavior among member marketers, may need to revive a marketing code of conduct prevalent on Wall Street in an earlier era. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:530 BOOK REVIEWS Reason and Right. By GARTH HALLETT. Notre Dame, Indiana: University of Notre Dame Press, 1984. Pp. x + 189. $16.95 cloth; $8.95 paperback. Teacher's Guide $5.00. This book is clearly intended to be used as a textbook in introductory ethics courses. This fact almost certainly accounts for four of its most attractive features: its area of focus, its lucid structure and exposition, its relative brevity, and (...) its large number of discussions of current moral issues. Professor Hallett contends that an introductory course in moral philosophy should do three main things: discuss specific moral problems, arquaint with background theory, and train in moral reasoning. The last equips students to deal maturely with problems they will encounter throughout life. Yet this area is neglected, if not omitted, in most ethics text books. Hence the focus of Reason ancl Right. Other topics are approached through their relation to such reasoning. For example, Professor Hallett uses the case of Kitty Genovese (who was murdered while thirtyeight witnesses remained passive) to arrive at a discussion of the nature of moral reasoning, as distinguished from "thoughts" and reasoning in general. In this context he injects a treatment of areas that might be thought to belong to background theory: psychological egoism, ethical egoism, psychological altruism, ethical altruism. Before commenting further on the book's method of exposition, I should like to mention another consideration which, although not examined at length by the author, brackets his entire discussion and is not without implications for ethical questions passed over in this work. Early on, Professor Hallett suggests that one reason for teaching moral philosophy is to encourage in students a concern for moral issues. Using the Genovese case, he says: Doubtless we too might be more open than we are, more perceptive of others and their needs, more alive to the appeals, muted or screamed, that reach us, more or less frequently, more or less clearly, according as we are tuned to receive them. That is one function of an ethics course. Through examples and discussion it jogs the moral imagination (p. 7). The author ties the desire to aet ethically with his discussion of moral reasoning by noting that rationalization is often inferior reasoning insofar as the merely self-coneerned agent may deliberately ignore pertinent facts. On the other hand, one who genuinely wants solutions to ethical problems will seek to reason well, which requires practice in identifying effective reasoning. In a " Retrospect " redolent of these points, Professor Hallett explicitly raises the Socratic question of the relation between knowledge BOOK REVIEWS 531 and living well. He ends with an invitation to examine this issue, suggesting its importance for the course as a whole. Indeed, without demeaning the motives of students, the ethics professor who concurs with the classical attitude toward the goal of the study of moral philosophy must take seriously this role of jogging the moral impulse. As St. Aquinas (who held that despite original sin the human orientation toward acting morally well remains intact) recognized, genuinely moral action requires free choice, and systematically morally good behavior must be preceded by commitment. Clever is Professor Hallett's approach to exposing logical shortcoming (in arguments proffered for a variety of reasons) that may result from the lack of such commitment. Who wants to admit being deliberately defective in logic? At least such a consideration may jog one to reflect upon the humanly deficient state of one generally unconcerned about ethics. The subject of moral motivation provides a bridge to the more theoretical debate, not taken up in this book, about the nature of value-judgments. If descriptive, they can be true or false. If prescriptive, they are inherently action-guiding but are not statements of fact, and hence not true or false. Prescriptivists emphasize the logical impossibility of one's adhering to a value-judgment while not acting according to it in the relevant circumstances. For all value-judgments are said to be both prescriptive and universalizable; an attempt to exclude oneself from an apparently embraced universal directive, provided one is physically and psychologically capable of acting according to it, reveals insincerity. Sin, then, becomes impossible. Much has been said about this... (shrink)

After acquiring knowledge of the neuroscience of learning, memory, stress and emotions, teachers incorporate more cognitive engagement and student-centered practices into their lessons. However, the role understanding neuroscience plays in teachers own affective and motivational competencies has not yet been investigated. The goal of this study was to investigate how learning neuroscience effected teachers’ self-efficacy, beliefs in their ability to teach effectively, self-responsibility and other components of teacher motivation. A pilot training-of-trainers program was designed and delivered in Liberia combining basic (...) neuroscience with information on social, emotional, behavioral and mental health issues faced by students. Tier I of the professional development was a 2 weeks workshop led by a visiting neuroscientist. A subset of the 24 Tier I secondary science teachers formed a Leadership Team who adapted the content to the Liberian context and subsequently led additional workshops and follow-up sessions for the Tier II secondary science teachers. Science teachers in both tiers completed the affective-motivational scales from the internationally vetted, multiscale Innovative Teaching for Effective Learning Teacher Knowledge Survey from the OECD. Tier II teachers completed the survey in a pre-post-delayed post design. Tier I teachers completed the survey after the workshop with their attitudes at that time and separately with retrospective projections of their pre-workshop attitudes. Ten of the 92 Tier II teachers participated in structured interviews at follow-up. Statistical analysis of survey data demonstrated improved teacher self-efficacy, self-responsibility for student outcomes, and motivation to teach. Qualitatively, teachers expressed more confidence in their ability to motivate students, engage them through active learning, and manage the class through positive rather than negative reinforcement. Teachers’ own self-regulation improved as they made efforts to build supporting relationships with students. Together, these results demonstrated that (i) teacher affective-motivational attitudes can be altered with professional development, (ii) basic neuroscience, as knowledge of how students learn, can improve teacher competency, and (iii) a training-of-trainers model can be effective in a low and middle income country for disseminating neuroscience knowledge, increasing teachers’ knowledge of students’ social and emotional needs, and promoting educational improvement. (shrink)

Neither Peirce’s thought in general nor his semeiotic in particular would appear to be concerned with ‘society’ as it is generally conceived today. Moreover, Peirce rarely mentions ‘society’, preferring the term ‘community’, which his readers have often interpreted restrictively.There are two essential points to be borne in mind. In the first place, the epithet ‘social’ refers here not to the object of thought, but to its production, its mode of action and its transmission and conservation. In the second place, the (...) term ‘community’ is not restricted to the scientific community, as is sometimes supposed. On the contrary, it refers to the ideal form of a society, which he calls ‘the unlimited community’, i. e. a group of people striving towards a common goal.Furthermore, Peirce’s semeiotic has been put in doubt as capable of providing a model for communication, the basis of social, dialogic, thought and action. The aim of the present article is to show that semeiotic, funded as it is on Peirce’s three categories, which define and delimit the ways in which man perceives and represents the phenomena, can provide a comprehensive model for the analysis of all types of communication in all social contexts.Finally, in this domain, as in others, Peirce was a forerunner, with the result that his thought has often been misunderstood or forgotten. In addition, he was pre-eminently a philosopher, thus his work has been neglected in other disciplines. The elaboration of other triadic systems, such as, notably, that of Rossi-Landi, shows that the tendency of semiotics in general is to move away from the former static, dyadic model towards that involving a triadic process. This trend, with which Peircean theory is in harmony, has been sharply accentuated in recent years, but often lacks a philosophical justification for its assumptions, which Peirce provides. (shrink)

The objective of this study is to test the embeddedness of codes of ethics (ECE) in organizations on aggregated data from three countries, namely Australia, Canada and the United States. The properties of four constructs of ECE are described and tested, including surveillance/training, internal communication, external communication and guidance. The data analysis shows that the model has satisfactory fit, validity and reliability. Furthermore, the results are fairly consistent when tested on each of the three samples (i.e. cross-national validation). This cross-national (...) study makes a contribution beyond previous descriptive or exploratory studies by using confirmatory factor analysis and structural equation modeling. Nevertheless, a number of limitations are raised, all of which provide opportunities for further research in refining, extending and testing the proposed ECE model in other cultural and corporate settings. (shrink)

The objective of this paper is to examine the ‘Code of Ethics Quality’ (CEQ) in the largest companies of Australia, Canada and the United States. For this purpose, a proposed CEQ construct has been applied. It appears from the empirical findings that while Australia, Canada and the United States are extremely similar in their economic and social development, there may well be distinct cultural mores and issues that are forming their business ethics practices. A research implication derived from the performed (...) research is that the construct provides a selection of observable and measurable elements in the context of CEQ. The construct of CEQ consists of nine measures divided into two dimensions (i.e. staff support and regulation). They should not be seen as a complete list. On the contrary, it is encouraged that others propose and elaborate revisions and extensions. A practical implication of this paper is a structure of what and how to examine the CEQ in a managerial setting. It may assist companies in their efforts to establish, maintain and improve their ethical culture, norms and beliefs within the organization and supporting them in their ethical business practices with different stakeholders in the marketplace and society. The dimensions and measures of the construct may be used as a frame of reference for further research. They may be useful and applicable across contexts and over time using similar samples when it comes to large companies, as small‐ or medium‐sized ones may not have considered all areas nor have the elements in place. This is a research limitation, but it provides an opportunity for further research. (shrink)

The interest in crossmodal correspondences, including those involving sounds and involving tastes, has experienced rapid growth in recent years. However, the mechanisms underlying these correspondences are not well understood. In the present study (N = 302), we used an associative learning paradigm, based on previous literature using simple sounds with no consensual taste associations (i.e., square and triangle wave sounds at 200 Hz) and taste words (i.e., sweet and bitter), to test the influence of two potential mechanisms in establishing sound–taste (...) correspondences and investigate whether either learning mechanism could give rise to new and long‐lasting associations. Specifically, we examined an emotional mediation account (i.e., using sad and happy emoji facial expressions) and a transitive path (i.e., sound‐taste correspondence being mediated by color, using red and black colored squares). The results revealed that the associative learning paradigm mapping the triangle wave tone with a happy emoji facial expression induced a novel crossmodal correspondence between this sound and the word sweet. Importantly, we found that this novel association was still present two months after the experimental learning paradigm. None of the other mappings, emotional or transitive, gave rise to any significant associations between sound and taste. These findings provide evidence that new crossmodal correspondences between sounds and tastes can be created by leveraging the affective connection between both dimensions, helping elucidate the mechanisms underlying these associations. Moreover, these findings reveal that these associations can last for several weeks after the experimental session through which they were induced. (shrink)

I hope that this wonderful book, written with a passionate and sympathetic intelligence, reaches a wide audience. It's not an easy read, for Janice Haaken deliberately spins a dense web of reference, pursuing paths across the contemporary psycho-political landscape. But her scholarship is marvellously diverse and well-directed, and her writing easily shifts between sad or playful fantasy, and insistently engaged political or empirical analysis.

I argue against a simple contextualist account of epistemic modals. My argument, like the argument on which it is based , charges that simple contextualism cannot explain all of the conversational data about uses of epistemic modals. My argument improves on its predecessor by insulating itself from recent contextualist attempts by Janice Dowell and Igor Yanovich to get around that argument. In particular, I use linguistic data to show that an utterance of an epistemic modal sentence can be warranted, (...) while an utterance of its suggested simple contextualist paraphrase is not. (shrink)

I shall argue in this article that there are certain objectual and methodological boundaries imposed by the nature of physics that all formulations of physicalism based on physical theories should respect. Therefore, empirical physicalism – i.e., the sort of physicalism that is eager to accept all the entities included in some future, ideal and complete physical theory and all entities dependent on them (see Jeffrey Poland and Janice Dowell) – is already committed to the exclusion of certain sorts of (...) entities from its ontological inventory and it is far less tolerant than one might expect. After having presented my argument, I shall describe four plausible boundaries to what can be studied by physics. The boundaries will contribute to constructing a new version of physicalism, i.e., physics physicalism, whose acceptance is entailed by the acceptance of empirical physicalism. Finally, I shall briefly deal with three objections against my strategy and I shall evaluate the consequences of the acceptance of my conclusions for both physicalists and non-physicalists. (shrink)

Utopias from ancient times to the present have come and gone. They remain as a part of literary, philosophical and historical texts and communal practices. Yet this subject has never ceased to inspire contemporary minds as well. My aim in this paper is to consider the communities known as favelas that have formed on the edges of the Brazilian city of Rio de Janeiro as a contemporary form of utopian community. The paper begins with a brief analysis of the concept (...) of utopia. Then follows a discussion of the Favela as an urban utopia as seen from the perspective of Latin American philosopher Enrique Dussel’s philosophy of liberation as represented in his book, The Philosophy of Liberation. The remainder of the paper will consider in what sense the Favela settlements can be understood as a form of utopia. Among additional sources for this paper, I will refer to the research on the favelas by such scholars as Janice Perlman and Catalytic Communities. Other sources will include art projects in the favelas, the novel and film City of God made on site, and photographs of Miguel Rio Branco taken in the Favelas. All of these artists’ representations reflectactual experiences of life in the Favelas. An underlying question throughout will be the role that art might play in understanding utopias. (shrink)

Open peer commentary on the article “What Is a Cognizing Subject? Construction, Autonomy and Original Causation” by Niall Palfreyman & Janice Miller-Young. Upshot: I discuss convergences between the approach of the authors and my work aiming for a theory of organisms. I also discuss some pitfalls and challenges pertaining to biological randomness, which, I argue, require original developments.

Rebecca Tuvel’s controversial “In Defense of Transracialism” has been criticized for a lack of engagement with critical race theory. Disengagement with salient material on race is a consistent feature of the philosophical conversation out of which it arises. In this article, I trace the origins of feminist philosophy’s disengaged and distorted view of “transracialism” and racial passing through the work of Janice Raymond, Christine Overall, and Cressida Heyes, and consider some of the relevant work on passing that is omitted (...) in the philosophy of “transracialism.” Finally, I offer methodological suggestions to avoid such distortions and omissions in feminist philosophy. (shrink)

Goldberg has argued in several writings of his that our social context is crucial in determining whether we believe responsibly or not. In this reply to his criticisms, I explore whether my Influence Account of responsible belief can do justice to this social dimension of responsible belief. I discuss the case of Nancy the scientist, that of Fernando the doctor, and that of Janice who promises Ismelda to shovel her lane. I argue that the core solution to the challenges (...) these cases provide is to distinguish between different kinds of intellectual obligations, such as epistemic, moral, and professional obligations. My Influence Account leaves plenty of room to make these distinctions. Even though my account is not primarily meant as an account of epistemically justified belief but rather as an account of responsible belief, I also argue that it can accommodate our intuitions about various important cases of epistemically justified belief. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:ST. THOMAS ON THE NATURALISTIC FALLACY Introduction HE PROBLEM OF THE naturalistic fallacy, or the laim that value and ought-judgments are not factual r 'is' judgments, has been a lively one this century, ever since Moore coined the term ' naturalistic fallacy '.1 This debate has died down rather, especially in analytic philosophy, but it has flared up again among students of St. Thomas. This is largely because of (...) the controversial interpretations of Grisez and Finnis.2 In a recent and commendable article Janice Schultz has gone over these interpretations and developed some serious criticisms.3 She rightly points out that for St. Thomas judgments about human goods can be theoretical and not just practical, and that they are practical and have prescriptive or imperative force only on the presupposition of some act of will underlying them. Grisez and Finnis want to say that reason is practical and makes prescriptions of its own nature and not on the presupposition of some prior act of will, and that the grasp by reason of human goods is always practical and never just theoretical. I will not repeat Ms. Schultz's arguments here, though I will use them later on. What I want to do in this article is to locate her arguments and contentions in a different context-not the context of the interpretations of 1 Principia Ethica, Cambridge, 1903, p. 10. 2 The main works are Finnis's Natural Law and Natural Rights, Clarendon Press, Oxford, 1980; and Grisez's article, 'The Frst Principle of Practical Reason: a Commentary on Summa Theologica Ia Hae, q.94 a.2.' Natural Law Forum, 10, 1965, pp. 162-201. Other references are handily collected in an article by Janice Schultz, 'Is-Ought: Prescribing and a Present Controversy ', The Thomist, vol. 49, Jan. 85, no. 1, pp. 1-2. a As cited in the previous note. 51 PETER SIMPSON Grisez and Finnis, but that of the naturalistic fallacy debate as this developed from Moore to Hare. My reason for wanting to do this is that this debate uncovered a series of important features of good and Ought that must be incorporated into any moral theory, naturalist or non-naturalist, if that theory is to be at all adequate. While modern proponents of naturalistic ethics have tended to play down or ignore these features (largely because they point in a non-naturalistic direction ), St. Thomas did not. His moral theory is superior as a result, and can indeed be said to constitute a model for all defensible naturalistic ethics. This can best be seen if his theory is expounded as a response to the points about good and Ought made by non-naturalists. The first part of this paper is therefore an attempt to state the key theses of non-naturalism; and the succeeding parts attempt to expound St. Thomas's position in response to them. The NaturaUstic Fallacy As Moore first coined the name ' Naturalistic Fallacy ' and initiated the debate about it, one should begin with him. According to Moore, the naturalistic fallacy is a fallacy concerning the idea of goodness. Goodness, he said, is a simple, unanalysable notion, like yellow or red and the fallacy is committed when people try to define or analyse it.4 This is because when they do try to define it they always identify it with some natural or observable property (as pleasure), and good is not such an object. It is a non-natural property that is unique and peculiar to itself. There are two parts to this claim. The first is that good is indefinable, the second is that it is something non-natural. Moore endeavored to establish the first point by means of the so-called open-question argument. Whatever definition one proposes for good it is always possible to ask of the definition whether it is itself good. For instance, if one defines good as pleasure or what promotes the greatest happiness, it is always 4 Op. cit., p. 6ff., and chapter 1 passim. ST. THOMAS ON THE NATURALISTIC FALLACY 58 possible to ask, with significance, whether pleasure or what promotes the greatest happiness is after all good. But this would be impossible if this... (shrink)