In their article, Crutchfield and Redinger (2024) outline the conditions that they have identified as situations in which it is ethically permissible to use chemical restraints, defined as medicati...

Ethically challenging situations routinely arise in the course of illness and healthcare. However, very few studies have surveyed patients and family members about their experiences with ethically challenging situations. To address this gap in the literature, we surveyed patients and family members at three hospitals. We conducted a content analysis of their responses to open-ended questions about their most memorable experience with an ethical concern for them or their family member. Participants described 219 unique ethical experiences that spanned many of (...) the prevailing themes of bioethics, including the patient-physician relationship, end-of-life care, decision-making capacity, healthcare costs, and genetic testing. Participants focused on relational issues in the course of experiencing illness and receiving medical care and concerns regarding the patient-physician encounters. Many concerns arose outside of a healthcare setting. These data indicate areas for improvement for healthcare providers but some concerns may be better addressed outside of the traditional healthcare setting. (shrink)

"Combining aspects of his acclaimed street work with an innovative approach to portraiture, Chicago-based photographer Jed Fielding has concentrated closely on these children's features and gestures, probing the enigmatic boundaries between surface and interior. Design, composition, and the play of light and shadow are central elements in these photographs, but the images are much more than formal experiments; they confront disability in a way that affirms life. Fielding's sightless subjects project a vitality that seems to extend beyond the limits of (...) self-consciousness. In collaborative, joyful participation with the children, he has made pictures that reveal essential gestures of absorption and the basic expressions of our creatureliness. Fielding's work achieves what only great art, and particularly great portraiture can: it launches and then complicates a process of identification across the barriers that separate us from each other. (shrink)

Should we try to live in the present? Such is the imperative of modernity, Jed Rubenfeld writes in this important and original work of political theory. Since Jefferson proclaimed that 'the earth belongs to the living', since Freud announced that mental health requires people to 'get free of their past', since Nietzsche declared that the happy man is the man who 'leaps into the moment', modernity has directed its inhabitants to live in the present, as if there alone could they (...) find happiness, authenticity, and above all freedom. But this imperative, Rubenfeld argues, rests on a profoundly inadequate, deforming picture of the relationship between freedom and time. Instead, Rubenfeld suggests, human freedom, indeed human being itself, necessarily extends into both past and future; self-government consists of giving our lives meaning and purpose over time. From this conception of self-government, Rubenfeld derives a new theory of constitutional law's place in democracy. Democracy, he writes, is not a matter of governance by the present 'will of the people'; it is a matter of a nation's laying down and living up to enduring political and legal commitments. Constitutionalism is not coun. (shrink)

This paper offers an original argument for a Humean thesis about promising that generalises to the domain of normative powers. The Humean ‘natural unintelligibility’ thesis – prominently endorsed by Rawls, Hart, and Anscombe, and roundly rejected or forgotten by contemporary writers (conventionalists and non – conventionalists alike) – holds that a rational, suitably informed agent cannot so much as make a promise (much less a morally-binding promise) without exploiting conventional norms that confer promissory significance on act types (e.g., signing on (...) the dotted line) that would not otherwise have such significance. The argument (like Hume’s) is action-theoretic in character; its central premise is the Contribution Condition on acting with an aim: roughly, that doing X in order to (bring about) Y requires that the agent believe that their having X-ed on the occasion might come to fully or partly account for Y’s coming to pass. The argument generalises to the broader domain of exercises of normative powers, i.e., to acts that modify normative properties by ‘fiat’ or ‘stipulation’. This stipulative act has been characterised in three different ways, each of which is given due consideration. Finally, two different ways of accommodating the ‘natural unintelligibility’ thesis are considered, as is the thesis’s normative significance. (shrink)

This article argues that the dominant “nonconventionalist” theories of promising cannot account for the moral impact of two basic commercial practices: the transfer of contractual rights and the discharge of contractual debt in bankruptcy. In particular, nonconventionalism’s insensitivity to certain features of social context precludes it from registering the moral significance of these social phenomena. As prelude, I demonstrate that Seana Shiffrin’s influential position concerning the divergence between promise and contract commits her to impugning these features of the modern economy. (...) Finally, I examine the importance of promising for friendship and why we resist the commodification of promissory rights in this domain. (shrink)

Most Indian and Tibetan religious traditions have some theory of yogic perception-a profound type of sentience afforded by meditative practice. And most consider it the bedrock of their religious authority, the primary means by which one gains spiritual insight. Disagreements about what yogis perceive abound, however, spanning many philosophical topics, including epistemology, ontology, phenomenology, and language. Out of Sight, Into Mind is a groundbreaking exploration of debates over yogic perception, revealing their contemporary relevance as a catalyst for comparative philosophy. Jed (...) Forman examines intellectual and philosophical developments over a millennium in India and Tibet, offering rich analyses of many previously untranslated texts. He traces divergences and confluences between thinkers within and across traditions, demonstrating that accounts of yogic perception shifted from theories based on vision to ones based on the mind. Drawing on this investigation, Forman calls for broadening philosophical discourse, arguing that subjects like yogic perception have often been deemed "religious" and thus neglected. He contends that these Indian and Tibetan debates hold important lessons for present-day topics such as hermeneutics and exegesis, the relationship between conception and perception, representationalism versus phenomenalism, and the limits of language. Shedding new light on the intellectual history of yogic perception, this book models how a comparative approach can yield novel philosophical insights. (shrink)

An abrupt break in the prevailing modes of artistic expression, for many, marks the advent of modernism in the early twentieth century, but revisionary attempts to pin down a precise moment of its emergence remain disputed. History of a Shiver proffers a different approach, tracing the first inkling of modernism instead to the nineteenth century's fascination with music.As Jed Rasula deftly shows, melomania--the passion for music--gave rise to concepts like Richard Wagner's "endless melody" and the Gesamtkunstwerk, or total work of (...) art, which in turn infused the arts of the fin de siècle with an aura of expectancy, challenging them to induce musical effects by their own means. With each art aspiring to produce the effects of another artistic medium, a synesthetic yearning ran like a shiver through the body of art that would emerge over the next half century. Rasula traces this pan-arts polyphony from German Romantic theory to early experiments in "visual music," encompassing such diverse phenomena as American fixation on Arcadia, early film theory, and the lure of the fourth dimension. All the while, he keeps focus on the paramount historical consequence in elevating music to a new universal aesthetic standard, arguing that Wagnerism was first among modern "isms."In surveying this momentous interplay among arts, History of a Shiver ranges from literature, music and painting to theatre, cinema, dance, photography, and civic pageantry. It retells the story of modernism by recovering not an idea, but a feeling--the hair-raising potential for each painting, literary text, or musical composition to herald an unprecedented domain of human enterprise. (shrink)

This commentary responds to Samuel Director's article “Dementia and Concurrent Consent to Sexual Relations,” in the May‐June 2023 issue of the Hastings Center Report. In the article, Director sets out a set of conditions for sexual consent after one partner in a committed, long‐term relationship develops dementia. While we share Director's view that dementia patients should not be categorically cut off from sexual intimacy, we caution against the use of his approach as a rigid test for allowing sexual activity. Director's (...) analysis does not address the full range of plausibly permissible sexual relationships, which is unfortunate, as intimacy has consistently been linked to physical and psychological well‐being. Moreover, because decisions about sex often carry moral and emotional overtones, we propose that a dementia patient's prior values should sometimes be considered by caregivers in a measured way. (shrink)

A notable feature of our moral and legal practices is the recognition of privileges, powers, and entitlements belonging to a select group of individuals in virtue of their status as victims of wrongful conduct. A philosophical literature on relational normativity purports to account for this status in terms of such notions as interests, rights, and attitudes of disregard. This paper argues that such individualistic notions cannot account for prevailing and intuitive ways of demarcating the class of victims. The focus of (...) the discussion is the wrongful infliction of harm, and the mediating role played by impersonal “danger-making properties” in the determination of the class of victims. Beginning with a treatment of one of the most well-known discussions of negligently-inflicted harm — from the most famous case of the American common law tradition, Palsgraf v. Long Island Railroad Co. — the analysis is then extended to the morality of harm-doing more broadly, negligent and intentional alike. The paper’s chief targets are interest theories of rights — including contractualist theories of moral claim-rights of the kind defended by R. Jay Wallace — and neo-Strawsonian Quality of Will theories of “moral injury”. (shrink)

From one of our most astute art critics, an impassioned and elegant book that questions the demand for art's political relevance or its need to deliver a message, and insists on its power to take us out of the everyday world, and its most important role: to excite, disturb, inspire or unsettle us. As more and more critics and enthusiasts insist that art needs to promote a particular idea or message, be it political or social, as a brand, a means (...) of education or entertainment, Jed Perl wants to remind us that the purpose of art lies not in our ability to define it, to place it in a context, whether a cause, an issue or an ideology. Instead the true power of art lies in its ability to shake our need for definitions, relevance or categories. He reminds us of the inherently uncategorizable nature of the artistic imagination, that a work of art is not merely a statement beamed out into the world, but the result of a dialogue between the artist and the tools and tradition of the medium, and that the fascination of the arts lies in their ability to be both dispassionate and impassioned. Perl explores the practices that are the foundation for the two catalysts of imaginative achievement: authority and freedom. He discusses the sense of vocation that give artists their purpose and focus, and how the interplay between authority and freedom underpin the creative process. (shrink)

The “Dead Donor Rule” (DDR) is an important injunction shaping the field of organ retrieval and scholarly assessments of specific retrieval practices’ permissibility (e.g., Pasquerella, Smith, and...

A prolific philosopher who also held Rome's highest political office, Cicero was uniquely qualified to write on political philosophy. In this book Professor Atkins provides a fresh interpretation of Cicero's central political dialogues - the Republic and Laws. Devoting careful attention to form as well as philosophy, Atkins argues that these dialogues together probe the limits of reason in political affairs and explore the resources available to the statesman given these limitations. He shows how Cicero appropriated and transformed Plato's thought (...) to forge original and important works of political philosophy. The book demonstrates that Cicero's Republic and Laws are critical for understanding the history of the concepts of rights, the mixed constitution and natural law. It concludes by comparing Cicero's thought to the modern conservative tradition and argues that Cicero provides a perspective on utopia frequently absent from current philosophical treatments. (shrink)

Unfortunately, only after online first article publication, it was noticed that the first four sentences in footnote two were incorrect.

Among the most influential and well-known experiments of the 19th century was the generation and detection of electromagnetic radiation by Heinrich Hertz in 1887–1888, work that bears favorable comparison for experimental ingenuity and influence with that by Michael Faraday in the 1830s and 1840s. In what follows, we pursue issues raised by what Hertz did in his experimental space to produce and to detect what proved to be an extraordinarily subtle effect. Though he did provide evidence for the existence of (...) such radiation that other investigators found compelling, nevertheless Hertz’s data and the conclusions he drew from it ran counter to the claim of Maxwell’s electrodynamics that electric waves in air and wires travel at the same speed. Since subsequent experiments eventually suggested otherwise, the question arises of just what took place in Hertz’s. The difficulties attendant on designing, deploying, and interpreting novel apparatus go far in explaining his results, which were nevertheless sufficiently convincing that other investigators, and Hertz himself, soon took up the challenge of further investigation based on his initial designs. (shrink)

Park and Davies have laid out an illuminating map of major arguments bearing on whether vaccination status should affect access to scarce healthcare resources during a pandemic. Notably, they sugge...

Controlling the movement of potentially infectious bodies has been central to Australian immigration law. Nowhere is this more evident than in relation to tuberculosis, which is named as a ground for refusal of a visa in the Australian context. In this paper, I critically examine the “will to knowledge” that this gives rise to. Drawing on a critical analysis of texts, including interviews with migrants diagnosed with TB and healthcare professionals engaged in their care, I argue that this focus on (...) border policing, rather than resettlement and the broader social determinants of health that drive current rates of TB, paradoxically renders migrants diagnosed with TB as liminal subjects in the post-arrival phase. This raises ethical issues about who “matters,” as well as dilemmas about what constitutes adequate care for the “Other,” both of which go to the heart of the political economy of migration. (shrink)

Academic misconduct runs rampant across higher education institutions in the US and internationally. Ample empirical research has identified myriad student variables that predict AM. However, two variables have been unexamined: the quality of conceptual knowledge university students have on AM and the relation between goals for going to university and reception to intervention on AM. Quantitative content analysis on written responses by 356 first-year university students reported surface-level knowledge of AM, frequent citation of extrinsic goals, and a lack of association (...) between goals and receptiveness to intervention. Results corroborate prior research on university students’ limited understanding of AM. Results suggest that efforts to address AM do not need to tailor intervention components to match students’ goals for attending university. (shrink)

Most recent work on the nature of experiment in physics has focused on "big science"--the large-scale research addressed in Andrew Pickering's Constructing Quarks and Peter Galison's How Experiments End. This book examines small-scale experiment in physics, in particular the relation between theory and practice. The contributors focus on interactions among the people, materials, and ideas involved in experiments--factors that have been relatively neglected in science studies. The first half of the book is primarily philosophical, with contributions from Andrew Pickering, Peter (...) Galison, Hans Radder, Brian Baigrie, and Yves Gingras. Among the issues they address are the resources deployed by theoreticians and experimenters, the boundaries that constrain theory and practice, the limits of objectivity, the reproducibility of results, and the intentions of researchers. The second half is devoted to historical case studies in the practice of physics from the early nineteenth to the early twentieth century. These chapters address failed as well as successful experimental work ranging from Victorian astronomy through Hertz's investigation of cathode rays to Trouton's attempt to harness the ether. Contributors to this section are Jed Z. Buchwald, Giora Hon, Margaret Morrison, Simon Schaffer, and Andrew Warwick. With a lucid introduction by Ian Hacking, and original articles by noted scholars in the history and philosophy of science, this book is poised to become a significant source on the nature of small-scale experiment in physics. (shrink)

The past decade has seen a vigorous debate in medical ethics over whether and under what conditions physicians can refuse requests from patients for medical interventions that the physician believes are morally inappropriate to perform. The debate has typically been framed in terms of "conscientious refusal": when, if ever, is the physician justified in refusing an intervention when the reasons of refusal have to do with the convictions of the physician's conscience? To this version of the question, a range of (...) answers have been given. At one extreme, scholars have argued for the so-called incompatibility thesis, that conscientious objection is a matter of personal morality and hence incompatible with the... (shrink)

I scratch your back, you scratch mine—how must these services relate in order to constitute a quid pro quo exchange? In the ordinary quid pro quo exchange, each party agrees to do their part in order to get the other party to do theirs; each conditions their own willingness to perform on the willingness of the other; and each regards the other as obligated to do their part in light of their agreement. But not all exchanges are ordinary, and a (...) proper analysis is of considerable practical and theoretical significance. In the law alone, quid pro quo figures prominently in a wide range of contexts—civil as well as criminal, public as well as private—and lies at the core of a number of raging controversies concerning official corruption, insider trading, and other matters. This Article offers the first philosophical analysis of quid pro quo exchange in the Anglophone tradition. (shrink)

Biomedical research and its translation continue to pose normative questions about the nature of relations between researcher and participant and the role of research involving human subjects in so...

Incommensurability between successive scientific theories—the impossibility of empirical evidence dictating the choice between them—was Thomas Kuhn's most controversial proposal. Toward defending it, he directed much effort over his last 30 years into formulating precise conditions under which two theories would be undeniably incommensurable with one another. His first step, in the late 1960s, was to argue that incommensurability must result when two theories involve incompatible taxonomies. The problem he then struggled with, never obtaining a solution that he found entirely satisfactory, (...) was how to extend this initial line of thought to sciences like physics in which taxonomy is not so transparently dominant as it is, for example, in chemistry. This paper reconsiders incommensurability in the light of examples in which evidence historically did and did not carry over continuously from old laws and theories to new ones. The transition from ray to wave optics early in the nineteenth century, we argue, is especially informative in this regard. The evidence for the theory of polarization within ray optics did not carry over to wave optics, so that this transition can be regarded as a prototypical case of discontinuity of evidence, and hence of incommensurability in the way Kuhn wanted. Yet the evidence for classic geometric optics did carry over to wave optics, notwithstanding the fundamental conceptual readjustment that Fresnel's wave theory required. (shrink)

Thomas S. Kuhn's singular voice was stilled by cancer on June 17, 1996, some 49 years after his initial encounters with past science had drawn him into a career in the history and philosophy of science. One of the most widely-read and influential academics of the 20th century, Kuhn was educated at Harvard University, where he received an S.B. in Physics in 1943 and a Ph.D. in the subject in 1949. He remained there until 1956, first as a Junior Fellow (...) in the Society of Fellows from 1948 to 1951, when he in effect retrained himself as a historian of science, and then as an Assistant Professor of General Education and History of Science. He joined the faculty of the University of California, Berkeley, in 1956, becoming Professor of History of Science in 1961. From 1964 to 1979 he was on the faculty of the History of Science Program of Princeton University, and from 1972 to 1979 also a member of the Institute for Advanced Study. He moved to the Department of Linguistics and Philosophy of Massachusetts Institute of Technology in 1979, where he became Professor Emeritus in 1991. He was President of the History of Science Society in 1968—70 and of the Philosophy of Science Association in 1988–90. He received the George Sarton Medal of the History of Science Society in 1982 and the John Desmond Bernal Award of the Society for the Social Studies of Science in 1983. (shrink)

ABSTRACTThis paper assesses to what extent the neo-Republican accounts of Quentin Skinner and Philip Pettit adequately capture the nature of political liberty at Rome by focusing on Cicero's analysis of the libera res publica. Cicero's analysis in De Republica suggests that the rule of law and a modest menu of individual citizens’ rights guard against citizens being controlled by a master's arbitrary will, thereby ensuring the status of non-domination that constitutes freedom according to the neo-Republican view. He also shows the (...) difficulty of anchoring an argument for citizens’ full political participation in the value of non-domination. While Cicero believed such full participation was essential for a libera res publica, he, like other elite Romans, argued for participation on the basis of liberty conceived as the space to contend for and enhance one's social status. The sufficiency of the rule of law and citizens’ rights for securing a status of non-domination taken together with their insufficiency for ensuring a libera res publica suggests that neo-Republican accounts of liberty do not fully capture the idea as articulated in Cicero's Republicanism. (shrink)