Feinberg is one of the leading philosophers of law of the last forty years. This volume collects recent articles, both published and unpublished, on what he terms "basic questions" about the law, particularly in regard to the relationship to morality. Accessibly and elegantly written, this volume's audience will reflect the diverse nature of Feinberg's own interests: scholars in philosophy of law, legal theory, and ethical and moral theory.

This paper argues that the political adage “Be ye prudent as serpents and guileless as doves” involves three different types of relation between prudence and morality, namely: unification (Vereinigung), subordination (Unterordnung), and association (Beigesellung). I maintain that these relations are set up according to the same principle that determines the relationship between mechanical and teleological causality in the third Critique. Thus, I argue that morality and prudence are much more systematically related within the system of critical philosophy than is normally (...) assumed in the literature and that this is made possible by way of an intimate relationship between prudence and teleological judgment. (shrink)

A major reason that Confucius should matter to Western ethical philosophers is that some of his concerns are markedly different from those most common in the West. A Western emphasis has been on major choices that are treated in a decontextualized way. Confucius’ emphasis is on paths of life, so that context matters. Further, the nuances of personal relations get more attention than is common (with the exception of feminist ethics) in Western philosophy. What Confucius provides is a valuable aid (...) in arriving at a more balanced sense of what ethics is concerned with. It also allows us to realize the importance of sensitivity to particulars. Finally, it highlights the importance of style (as well as the content of what is chosen) in behavior, and the ways in which relations with family and friends can connect with choices in a wider “public” sphere. (shrink)

The life and work of Sigmund Freud continue to fascinate general and professional readers alike. Joel Whitebook here presents the first major biography of Freud since the last century, taking into account recent developments in psychoanalytic theory and practice, gender studies, philosophy, cultural theory, and more. Offering a radically new portrait of the creator of psychoanalysis, this book explores the man in all his complexity alongside an interpretation of his theories that cuts through the stereotypes that surround him. The (...) development of Freud's thinking is addressed not only in the context of his personal life, but also in that of society and culture at large, while the impact of his thinking on subsequent issues of psychoanalysis, philosophy, and social theory is fully examined. Whitebook demonstrates that declarations of Freud's obsolescence are premature, and, with his clear and engaging style, brings this vivid figure to life in compelling and readable fashion. (shrink)

This piece lays out the framework for a special issue on the topic of "Fits and Misfits," published as volume 7, issue 1 of Puncta: A Journal of Critical Phenomenology. We discuss the relationship between the concept of misfitting, coined by Rosemarie Garland-Thomson, and debility, coined by Jasbir Puar, in relationship to scholarship on Merleau-Ponty. We then introduce each of the eight articles in the special issue: Rosemarie Garland-Thomson's "What Misfitting Makes," Susan Bredlau's "Conversational Accessibility: Healthcare, Community, and the Ethics (...) of Everyday Encounters," Helen A. Fielding's "Being Touched by Wellness: Merleau-Ponty, Nancy, and the Intensive Care Unit," Ann Murphy's "The Spirited Interworld: Caregiving and the Liminal Phenomenology of Dementia," Rachel Elliott's "Sharing Time with Misfits: We-Experience across Bodily Difference," David Morris's "An-Archic Time: Melting the Clock as Hypernorm of the I Can -- and Philosophy," Rebecca Longtin's "Merleau-Ponty's Cézanne as Misfit Artist," and, finally, Laura McMahon's "The Politics of Vulnerability and the School for Peace: Insights from Butler, Merleau-Ponty, and Family Systems Theory.". (shrink)

The formation of a highly condensed chromosome structure (heterochromatin) in a region of a eukaryotic chromosome can inactivate the genes within that region. Genetic studies using the fruitfly Drosophila melanogaster have identified several essential genes which influence the formation of heterochromatin. My purpose in this review is to summarize some recent work on the genetics of heterochromatin assembly in Drosophila and a recent model for how chromosomal proteins may interact to form a heterochromatic structure.

... the turn of the fourth/tenth century, in the province of Sijistan, Muhammad b. Tahir b. Bahram was born, known in the fullness of time as Abu Sulayman ...

Ethics and Qualities of Life looks at what enters into ethical judgment and choice. Interpretation of a case and of what the options are is always a factor, as is a sense of the possible values at stake. Intuitions also enter in, but often are unreliable. For a long time it seemed only fair that oldest sons inherited, and struck few people as unfair that women were not allowed to attend universities. A moral judgment is putatively part of a moral (...) order in a society that any reasonable person would accept. But what counts as "reasonable" is generally contestable. The unreliability of intuitions leads naturally to ethical theory. Kantian, contractualist, and consequentialist theories all have some important truth in them, but not the whole truth. Contractualism lacks the resources required for a fully determinate account of what counts as "reasonable". Broad general rules are important to Kant and are at the center of everyday morality. But can Kantian ethics explain why they have to have this central role? Our evolving social contract now contains elements that once would have seemed counter-intuitive to most people. But could consequentialists have predicted with entire confidence the consequences of social changes that we now think were desirable? The last part of this book contains a double argument. One is that ethical theory is employed by humans in a state of semi-ignorance of relevant factors, grasping at likely truths and evolved intuitions. The other is that consequentialist considerations have a major role at the fundamental level, but much more in justification or criticism than in ethical discovery. (shrink)

Eukaryotes organize certain chromosomal intervals into domains capable of si lencing most genes. Examples of silencing domains include the HML/HMR loci and subtelomeric chromatin in yeast, the Barr body X chromosome in mammals, and the pericentric heterochromatin of Drosophila. Silencing chromatin is often correlated with more regularized nucleosomal array than that found in active chromatin, and transcriptional activators appear to be missing from their target sites in silent chromatin. In Drosophila, gene silencing by heterochromatin is often variegated, indicating that a (...) gene may escape silencing in some cells. In a recent study, Ahmad and Henikoff(1) show that a yeast activator can compete successfully with Drosophila heterochromatic silencing factors for target sites in DNA. This competition, together with developmental change in the stability of heterochromatin itself, decides the transcriptional state for a gene subject to heterochromatin repression. BioEssays 23:767–771, 2001. © 2001 John Wiley & Sons, Inc. (shrink)

It is commonly accepted that the spelling of the pre-exilic books of the Bible was generally defective like that of contemporary epigraphy, and that the matres lectionis were inserted into the original texts by scribes during the first half of the Second Temple period. This article argues that the orthography of the ancient books of the Bible was from its beginning similar to that of the MT. The difference between the current biblical spelling and the defective spelling of the inscriptions (...) should instead be understood as a matter of different registers. (shrink)

: Vasubandhu, an advocate of the idealist Yogācāra school of Buddhism, argues that the nonexistence of external objects can be inferred from the appearance of nonexistent things in perceptual illusion. The idealist view and the argument from illusion are criticized by proponents of the realist Nyāya school on the grounds that illusory experience is parasitic upon veridical experience. The parasitism objection successfully defeats Vasubandhu's argument from illusion but fails to decisively disprove the idealist view because it remains possible that each (...) illusory experience gets its content from a previous illusory experience in an infinite chain. (shrink)

Previous papers on ethics consultation in medicine have taken a positivistic approach and lack critical scrutiny of the psychosocial, political, and moral contexts in which consultations occur. This paper discusses some of the contextual factors that require more careful research. We need to know more about what prompts and inhibits consultation, especially what factors effectively prevent house officers and nonphysicians from requesting consultation despite perceived moral conflict in cases. The attitudes and institutional power of attending medical staff seem important, especially (...) where innovative interventions raise ethical questions. Ethics consultants also need to address the thorny problems of the origin(s) of the consultant's authority, whistleblowing, conflicts of interest that affect the consultant, persistently poor communications in hospitals, systemic inequity in the availability or quality of services for some, and the standing of the consultant's recommendations, including their appearance in the patient's medical record. (shrink)

Most tissues contain cells capable of the self‐renewal and differentiation necessary to maintain tissue and organ integrity. These somatic stem cells are generally thought to have limited developmental potential. The mechanisms that restrict cell fate decisions in somatic stem cells are only now being understood. This understanding will be important in the clinical exploitation of adult stem cells in tissue repair and replacement. Experiments performed over fifty years ago in Drosophila showed that developmental restriction could be relaxed in the proliferating (...) larval cells that are destined to form the adult fly integument. This phenomenon, called transdetermination, can serve as a model for mechanisms of stem‐cell commitment. A recent publication1 sheds new light on the mechanism of transdetermination by demonstrating that loss of homeotic gene silencing leads to increased frequency of transdetermination. In addition, the authors link a specific signaling pathway induced by tissue regeneration to the relaxation of homeotic gene silencing. The data identify key mechanisms that control developmental homeostasis and cell fate restriction that could be manipulated to make somatic stem‐cell engineering possible. BioEssays 28: 574–577, 2006. © 2006 Wiley Periodicals, Inc. (shrink)

Emotions normally include elements of feeling, motivation, and also intentionality; but the argument of this essay is that there can be emotion without feeling, emotion without corresponding motivation, and emotion without an intentional relation to an object such that the emotion is (among other things) a belief about or construal of it. Many recent writers have claimed that some form of intentionality is essential to emotion, and then have created lines of defence for this thesis. Thus, what look like troublesome (...) cases of emotions can be regarded as having a global intentionality or as being “mood-like”. Alternatively surges of non-intentional joy or ecstasy can be regarded as merely feelings rather than as emotions, and what people experience in response to absolute music can be treated similarly. A clear view of how we normally talk about moods, emotions, and feelings however undermines these defences; and in particular we can understand the role of emotions in relation to absolute music once we become clear about the way in which musical content stands in for intentional objects. (shrink)

The essay has two purposes. One is to point out connections and parallels between, On one hand, The debates of metaphysical realists and anti-Realists, And on the other hand, The debates surrounding moral realism. The second is to provide the outlines of a case for a kind of position that would generally be classified as moral realism. One feature of this position is that it emerges as parallel to, And compatible with, A metaphysical position that would generally be classified as (...) anti-Realism. (shrink)

Might there be knowledge of non-instrumental values? Arguments are give for two principal claims. One is that if there is such knowledge, it typically will have features that do not entirely match those of other kinds of knowledge. It will have a closer relation to the kind of person one is or becomes, and in the way it combines features of knowing-how with knowing-that. There also are problems of indeterminacy of non-instrumental value which are not commonly found in other things (...) that we can know about. The second claim is that there is a strong prima-facie case for holding that there is such knowledge, and that the usual arguments against this are all faulty. (shrink)

Next SectionObjectives To evaluate the adequacy of paediatric informed consent and its augmentation by a supplemental computer-based module in paediatric endoscopy. Methods The Consent-20 instrument was developed and piloted on 47 subjects. Subsequently, parents of 101 children undergoing first-time, diagnostic upper endoscopy performed under moderate IV sedation were prospectively and consecutively, blinded, randomised and enrolled into two groups that received either standard form-based informed consent or standard form-based informed consent plus a commercial (Emmi Solutions, Inc, Chicago, Il), sixth grade level, (...) interactive learning module (electronic assisted consent). Anonymously and electronically, the subjects' anxiety (State Trait Anxiety Inventory), satisfaction (Modified Group Health Association of America), number of questions asked, and attainment of informed consent were assessed (Consent-20). Statistics were calculated using t test, paired t test, and Mann Whitney tests. Results The ability to achieve informed consent, as measured by the new instrument, was 10% in the control form-based consent group and 33% in the electronic assisted consent group (p<0.0001). Electronically assisting form-based informed consent did not alter secondary outcome measures of subject satisfaction, anxiety or number of questions asked in a paediatric endoscopy unit. Conclusions This study demonstrates the limitations of form-based informed consent methods for paediatric endoscopy. It also shows that even when necessary information was repeated electronically in a comprehensive and standardised video, informed consent as measured by our instrument was incompletely achieved. The supplemental information did, however, significantly improve understanding in a manner that did not negatively impact workflow, subject anxiety or subject satisfaction. Additional study of informed consent is required. Clinical trial registration number ClinicalTrials.gov Identifier NCT00899392. (shrink)

While procurement of organs from donors who are not "brain dead" does not appear to pose insurmountable moral obstacles, the social practice may raise questions of conflict of interest. Non-heart-beating organ donation opens the door for pressure on patients or families to forgo possibly beneficial treatment to provide organs to save others. The combined effects of non-heart-beating donation and organ shortages at major transplant centers brought about by the 1991 United Network for Organ Sharing (UNOS) local-use organ allocation policy created (...) potential conflicts, including the fact that candidates for organs become potential donors far more frequently than previously. Hospitals with a major emphasis on transplantation have economic and academic interests that may have been hurt by the relative organ shortage. Some may view non-heart-beating organ donation as a way to restore weakened programs and thus unconsciously compromise recognition of problems associated with non-heart-beating donation. (shrink)

Neste artigo apresenta-se o significado do conceito de sociabilidade insociável e de sua importância para a filosofia histórico-política de Kant. Defendem-se aqui duas teses importantes: primeira, que esse conceito se insere essencialmente num paradigma biológicoteleológico em vez de físico-mecânico; segunda, que a insociabilidade deve ser compreendida como se referindo a inclinações e não a paixões, o que, por sua vez, permite pensá-la em concordância com um progresso moral também dos indivíduo.

The paper plays against the philosophical stereotype that facts are bits of reality, ‘furniture of the universe’, and that values in contrast are either mysterious bits of reality or responses to facts. It follows Strawson in regarding facts as interpretative constructs. Values also are interpretative constructs, characterized by a normal (but not universal) connection with motivations. So is there a deep difference? There is a sense of ‘facts’, marked by phrases such as ‘Stick to the facts’, in which the interpretative (...) element embedded in a ‘fact’ is uncontentious and would be invisible to most people. The interpretative element in values, in contrast, usually is very noticeable. But values in which this element comes to be uncontentious and taken for granted congeal into facts. (shrink)

Nesta conferência analisa-se o impasse do juiz que se vê chamado a servir à justiça, por dever de consciência, e a aplicar a lei, ainda quando injusta, por dever de ofício. Deslocando a discussão da difícil relação do juiz com a lei para o ethos iníquo do social, a exposição conclui que todos temos, mas especialmente o juiz pela natureza das responsabilidades que lhe são inalienáveis, o dever moral de servir à justiça – dever que paira acima da imposição jurídica (...) –, em busca de uma sociedade mais ética. (shrink)