Whereas the history of philosophy defines metaphysics as asking the question 'What is Being?'; here is asked 'Where is Being?' What is to be analyzed is indeed part of the tradition of metaphysics to inquire about Being qua being, but here the inquiry is into its structure, its position within the ontological whole. The concept of the 'architectonic' is borrowed from Kant... In this work, three philosophical structures are chosen for a more extensive examination: the three 'architectonics' are that of (...) Plato's Chora, Aristoteles' continuum, and finally Leibniz's labyrinth"--Back cover. (shrink)

ABSTRACT In this article, we first document the virtually complete absence of infectious disease examples and concerns at the time bioethics emerged as a field. We then argue that this oversight was not benign by considering two central issues in the field, informed consent and distributive justice, and showing how they might have been framed differently had infectiousness been at the forefront of concern. The solution to this omission might be to apply standard approaches in liberal bioethics, such as autonomy (...) and the harm principle, to infectious examples. We argue that this is insufficient, however. Taking infectious disease into account requires understanding the patient as victim and as vector. Infectiousness reminds us that as autonomous agents we are both embodied and vulnerable in our relationships with others. We conclude by applying this reunderstanding of agency to the examples of informed consent and distributive justice in health care. (shrink)

ABSTRACT In this article, we first document the virtually complete absence of infectious disease examples and concerns at the time bioethics emerged as a field. We then argue that this oversight was not benign by considering two central issues in the field, informed consent and distributive justice, and showing how they might have been framed differently had infectiousness been at the forefront of concern. The solution to this omission might be to apply standard approaches in liberal bioethics, such as autonomy (...) and the harm principle, to infectious examples. We argue that this is insufficient, however. Taking infectious disease into account requires understanding the patient as victim and as vector. Infectiousness reminds us that as autonomous agents we are both embodied and vulnerable in our relationships with others. We conclude by applying this reunderstanding of agency to the examples of informed consent and distributive justice in health care. (shrink)

Syndromic surveillance uses new ways of gathering data to identify possible disease outbreaks. Because syndromic surveillance can be implemented to detect patterns before diseases are even identified, it poses novel problems for informed consent, patient privacy and confidentiality, and risks of stigmatization. This paper analyzes these ethical issues from the viewpoint of the patient as victim and vector. It concludes by pointing out that the new International Health Regulations fail to take full account of the ethical challenges raised by syndromic (...) surveillance. (shrink)

The prelims comprise: Seeing Infectious Disease as Central The Birth of Bioethics Amid the Decline of Infectious Disease The Shifting Concerns of Public Health Bioethics and Public Health: How the Twain Didn't Meet The Case of HIV Bridging the Gap: Seeing Bioethics in Terms of the Patient as Victim and Vector An Ordinary Example Summing Up: Autonomous Agency in the Context of Infectious Disease Notes.

This paper examines the characteristics of infectious diseases that raise special medical and social ethical issues, and explores ways of integrating both current bioethical and classical public health ethics concerns. Many of the ethical issues raised by infectious diseases are related to these diseases’ powerful ability to engender fear in individuals and panic in populations. We address the association of some infectious diseases with high morbidity and mortality rates, the sense that infectious diseases are caused by invasion or attack on (...) humans by foreign micro‐organisms, the acute onset and rapid course of many infectious diseases, and, in particular, the communicability of infectious diseases. The individual fear and community panic associated with infectious diseases often leads to rapid, emotionally driven decision making about public health policies needed to protect the community that may be in conflict with current bioethical principles regarding the care of individual patients. The discussion includes recent examples where dialogue between public health practitioners and medical‐ethicists has helped resolve ethical issues that require us to consider the infected patient as both a victim with individual needs and rights and as a potential vector of disease that is of concern to the community. (shrink)

Since testing for HIV infection became possible in 1985, testing of pregnant women has been conducted primarily on a voluntary, ‘opt-in’ basis. Faden, Geller and Powers, Bayer, Wilfert, and McKenna, among others, have suggested that with the development of more reliable testing and more effective therapy to reduce maternal-fetal transmission, testing should become either routine with ‘opt-out’ provisions or mandatory. We ask, in the light of the new rapid tests for HIV, such as OraQuick, and the development of antiretroviral treatment (...) that can reduce maternal-fetal transmission rates to <2%, whether that time is now. Illustrating our argument with cases from the United States (US), Kenya, Peru, and an undocumented Mexican worker in the US, we show that when testing is accompanied by assured multi-drug therapy for the mother, the argument for opt-out or mandatory testing for HIV in pregnancy is strong, but that it is problematic where testing is accompanied by adverse events such as spousal abuse or by inadequate intrapartum or follow-up treatment. The difference is not a ‘double standard’, but reflects the presence of conflicts between the health interests of the mother and the fetus – conflicts that would be abrogated by the assurance of adequate, continuing multi-drug therapy. In light of these conflicts, where they still occur, careful processes of informed consent are appropriate, rather than opt-out or mandatory testing. (shrink)

For some time now, I have written and talked about Thomas Jay Oord as the most "cutting edge" person on the theological scene today. This may sound like a bold claim, but what Oord has accomplished in bridging the gap between evangelicals and liberals is remarkable both in terms of background and personal commitment. He has a foot in the evangelical camp, yet as a product of Claremont Graduate University, he has another foot solidly in the liberal camp. Intellectually, at (...) least, Oord has had an easygoing relationship with both camps. As a result of his indefatigable efforts, the Open and Relational Theologies Group of the American Academy of Religion has been one of the best attended and most successful groups... (shrink)

The important and no longer novel insight from ecology that ecosystems are dynamic and ever-changing along immensely complex causal pathways prompts the further insight that environmental protection regimes should promote not a particular ecosystemic end state, but rather ecosystem resilience, or the capacity to absorb and adapt to stress without compromising essential function. For law to embrace resilience as an objective, it is argued, it must itself be dynamic and flexible, capable of learning and adaptation. This poses potentially serious challenges (...) to law’s resilience: to what extent are flexibility and adaptability at odds with what Niklas Luhmann argues is an essential feature of normative systems, namely, resistance to learning in the face of disappointment? The potentially rapid rate of change expected of a law oriented to ecosystem resilience could overwhelm law’s capacity to provide the measure of order, stability, and predictability that are core to its contribution, or prestation, to society. This paper takes this challenge seriously, but also explores another possible implication of law in the pursuit of ecosystem resilience: if environmental law is no longer conceived of in primarily instrumental terms, as a means to bring about a specific set of ecosystem objectives, there may be some possibility for its own resilience to be enhanced. (shrink)

This study examined the challenges for supervisors and managers of managing sick leave within a New Zealand university. We used a qualitative research design, interviewing 20 university staff across the academic and service divisions who had managerial roles. We applied Habermas’ distinctions of technical instrumental, practical relational, and emancipatory critical transformative interests, and his twofold distinction of system and lifeworld to our analysis. The primary findings suggest that while the technical instrumental discourses were dominant within the university bureaucracy, managers drew (...) upon practical relational and emancipatory critical transformative discourses to justify the considerable discretion they exercised in managing sick leave. Far from being incidental, these humanistic elements are as much a part of the bureaucracy as the rational elements and are fundamental to the system’s equilibrium. (shrink)

David R. Blumenthal is Jay and Leslie Cohen Professor of Judaic Studies at Emory University. He has contributed greatly to the growth of Jewish Studies, the place of Judaism in Religious Studies, interreligious dialogue, and the reframing of Judaism in light of the Holocaust, postmodernism, and poststructuralism. For Blumenthal, theology is an ongoing reflection about everything we believe and do in the context of the living tradition.

The main conclusion drawn in this text is that Piaget's accounts of the construction of necessary knowledge continue to have an intelligible and respectable bases.

This paper addresses the relationship between law and coercive force. It defends, against Frederick Schauer's contrary claims, the following propositions: The force of law consists in three things, not one: the imposition of duties, the use of coercion, and the exercise of social power. These are different and distinct. Even if coercion is not part of the concept of law, coercion is connected to law many important ways, and these are amply recognized in contemporary analytic jurisprudence. We cannot determine how (...) important coercion is to the efficacy of law until we know what counts as coercive force. The question of what counts as coercion is not a matter for generalization or stipulation. It requires an explanation of the concept of coercion. (shrink)

Psychologists and philosophers have recently been exploring whether the mechanisms which underlie the acquisition of ‘theory of mind’ (ToM) are best charac- terized as cognitive modules or as developing theories. In this paper, we attempt to clarify what a modular account of ToM entails, and why it is an attractive type of explanation. Intuitions and arguments in this debate often turn on the role of develop- ment: traditional research on ToM focuses on various developmental sequences, whereas cognitive modules are thought (...) to be static and ‘anti-developmental’. We suggest that this mistaken view relies on an overly limited notion of modularity, and we explore how ToM might be grounded in a cognitive module and yet still afford development. Modules must ‘come on-line’, and even fully developed modules may still develop internally, based on their constrained input. We make these points con- crete by focusing on a recent proposal to capture the development of ToM in a module via parameterization. (shrink)

The Heart of Judgment explores the nature, historical significance, and continuing relevance of practical wisdom. Primarily a work in moral and political thought, it also relies extensively on research in cognitive neuroscience to confirm and extend our understanding of the faculty of judgment. Ever since the ancient Greeks first discussed practical wisdom, the faculty of judgment has been an important topic for philosophers and political theorists. It remains one of the virtues most demanded of our public officials. The greater the (...) liberties and responsibilities accorded to citizens in democratic regimes, the more the health and welfare of society rest upon their exercise of good judgment. While giving full credit to the roles played by reason and deliberation in good judgment, the book underlines the central importance of intuition, emotion, and worldly experience. (shrink)

Smith, Glass, and Miller have reported a meta-analysis of over 500 studies comparing some form of psychological therapy with a control condition. They report that when averaged over all dependent measures of outcome, psychological therapy is. 85 standard deviations better than the control treatment. We examined the subset of studies included in the Smith et al. metaanalysis that contained a psychotherapy and a placebo treatment. The median of the mean effect sizes for these 32 studies was. 15. There was a (...) nonsignificant inverse relationship between mean outcome and the following: sample size, duration of therapy, use of measures of outcome other than undisguised self-report, measurement of outcome at follow-up, and use of real patients rather than subjects solicited for the purposes of participation in a research study. A qualitative analysis of the studies in terms of the type of patient involved indicates that those using psychiatric outpatients had essentially zero effect sizes and that none using psychiatric inpaticnts provide convincing evidence for psychotherapeutic effectiveness. The onty studies clearly demonstrating significant effects of psychotherapy were the ones that did not use real patients. For the most part, these studies involved small samples of subjects and brief treatments, occasionally described in quasibeliavioristic language. It was concluded that for real patients there is no evidence that the benefits of psychotherapy are greater than those of placebo treatment. (shrink)

We argue that Brandon and Carson's (1996) "The Indeterministic Character of Evolutionary Theory" fails to identify any indeterminism that would require evolutionary theory to be a statistical or probabilistic theory. Specifically, we argue that (1) their demonstration of a mechanism by which quantum indeterminism might "percolate up" to the biological level is irrelevant; (2) their argument that natural selection is indeterministic because it is inextricably connected with drift fails to join the issue with determinism; and (3) their view that experimental (...) methodology in botany assumes indeterminism is both false and incompatible with the commitment to discoverable causal mechanisms underlying biological processes. We remain convinced that the probabilism of the theory of evolution is epistemically, not ontologically, motivated. (shrink)

This study invited curates and training incumbents attending a 3-day residential programme to function as a hermeneutical community engaging conversation between the Lucan post-resurrection narrative concerning the Road to Emmaus and the learning relationship in which they were engaged. Building on the SIFT approach to biblical hermeneutics the participants were invited to work in type-alike groups, structured first on the basis of the perceiving process and second on the basis of the judging process. This approach facilitated rich and varied insights (...) into the Emmaus Road narrative and into the theme of learning relationships. (shrink)

This is the penultimate draft of a paper originally presented at the Hart-Fuller at 50 conference, held at the NYU Law School in February 2008. A revised version will appear in the NYU Law Review. The paper seeks to clarify and assess HLA Hart's famous claim that legal positivism somehow involves a 'separation of law and morals.' The paper contends that Hart's 'separability thesis should not be confused with the 'social thesis,' with the 'sources thesis,' or with a methodological thesis (...) about jurisprudence. Hart's thesis denies the existence of necessary (conceptual) connections between law and morality. But that thesis is false: there are many necessary connections between law and morality, some of them conceptually significant. Among these is an important negative connection: law is of its nature morally fallible and morally risky. Lon Fuller emphasised the 'internal morality of law,' the 'morality that makes law possible'. Hart stressed that there is also an immorality that law makes possible. Law's nature is seen not only in its internal virtues, in legality, but also in its internal vices, in legalism. (shrink)

PurposeMedical assistance in dying (MAiD) in Canada places the medical provider at the centre of the process. The MAiD provider holds primary responsibility for determining eligibility and becomes acquainted with patients’ inner desires and expressions of suffering. This is followed by the MAiD procedure of administering the lethal agent and being present at the death of eligible patients. We report participants’ perceptions of the emotional and moral impacts of this role.MethodologyTwo years after MAiD was legalised in Canada, 22 early-adopting physician (...) providers were interviewed. Data were examined using both phenomenological analysis and a novel ChatGPT-enhanced analysis of an anonymised subset of interview excerpts.FindingsParticipants described MAiD as emotionally provocative with both challenges and rewards. Providers expressed a positive moral impact when helping to optimise a patient’s autonomy and moral comfort with their role in relieving suffering. Providers experienced tensions around professional duty and balancing self with service to others. Personal choice and patient gratitude enhanced the provider experience, while uncertainty and conflict added difficulty.ConclusionsParticipants described MAiD provision as strongly aligned with a patient-centred ethos of practice. This study suggests that, despite challenges, providing MAiD can be a meaningful and satisfying practice for physicians. Understanding the emotional and moral impact and factors that enhance or detract from the providers’ experience allows future stakeholders to design and regulate assisted dying in ways congruent with the interests of patients, providers, families and society. (shrink)

How were various strata of local history—Classical, Christian, and Muslim—incorporated into the building of imperial Seville (sixteenth and seventeenth centuries), and what was the impact of the critical approach to evidence developed in Renaissance Italy on actual urban projects? Three case-studies—of a noble palace, the Casa de Pilatos; of a public park, the Alameda de Hércules; and of a carpentry treatise by master builder Diego López de Arenas—reveal the malleable role of historical evidence in monumental construction projects based on classical (...) and Christian ideals and demonstrate a more methodical use of evidence among artisans practicing traditional medieval craftsmanship. (shrink)

In the United States, disease screening is offered to the public as a consumer service. It has been proposed that the act of “consumption” is a manifestation of agency and that the decision to consume is an exercise of autonomy. The enthusiasm of the American public for disease screening and the expansion in the demand for all sorts of disease screening in recent years can be viewed as an expression of such autonomy. Here, we argue that the enthusiasm for disease (...) screening witnessed in the American public today may be more a reflection of the constraint on autonomy than its facilitation. It is our opinion that the articulation of socio-historical processes has contributed to a moral imperative which is reflected in the decision making of individuals around disease screening. We suggest medical and health professionals have a responsibility to facilitate the exercise of individual autonomy in health care decision making as an integral component of professional obligation. These professionals need to problematise healthcare activities that constrain individual autonomy. (shrink)

Psalm 73 is a challenging Psalm in which the Psalmist draws on rich imagery to juxtapose doctrine and experience and to juxtapose the goodness of God with divine retribution. Drawing on data provided by 15 theological educators within the Anglican Diocese of Cyprus and the Gulf, this study tests the thesis that the imagery of Psalm 73 will be perceived differently by sensing types and by intuitive types and that the issue ‘Is God really good to the upright?’ will be (...) judged differently by feeling types and by thinking types. The findings from this study are consistent with the broader hermeneutical theory that the psychological type profile of the reader, in terms of perceiving preference and judging preference, plays a formative part in shaping the interpretation of biblical material.Contribution: Situated within the reader-perspective approach to biblical hermeneutics, the SIFT method is concerned with identifying the influence of the psychological type of the reader in shaping the interpretation of text. The present study demonstrates that this theory holds true for the way in which theological educators read Psalm 73. (shrink)

This qualitative study was positioned within an emerging scientific field concerned with the interaction between biblical text and the psychological profile of the preacher. The theoretical framework was provided by the sensing, intuition, feeling and thinking (SIFT) approach to biblical hermeneutics, an approach rooted in reader-perspective hermeneutical theory and in Jungian psychological type theory that explores the distinctive readings of sensing perception and intuitive perception, and the distinctive readings of thinking evaluation and feeling evaluation. The empirical methodology was provided by (...) developing a research tradition concerned with applying the SIFT approach to biblical text. In the present study, a group of 17 Anglican clergy were invited to work in psychological type-alike groups to explore two of the biblical passages identified by Year B of the Revised Common Lectionary for the Feast of Christ the King. Dividing into three workshops, according to their preferences for sensing and intuition, the clergy explored Psalm 93. Dividing into three workshops, according to their preferences for thinking and feeling, the clergy explored John 18:33–37. The rich data gathered from these workshops supported the hypothesis that biblical interpretation and preaching may be shaped by the reader’s psychological type preference and suggested that the passages of scripture proposed for the Feast of Christ the King may be a joy for intuitive thinking types, but a nightmare for sensing feeling types. Contribution: Situated within the reader perspective approach to biblical hermeneutics, the SIFT method is concerned with identifying the influence of the psychological type of the reader in shaping the interpretation of text. Employing this method, the present study contributes to the fields of homiletics and hermeneutics by demonstrating how some readers (sensing types) may struggle more than others (intuitive types) to interpret the scripture readings proposed by the lectionary for the Feast of Christ the King. (shrink)

This book offers a conversation with Nietzsche rather than a consideration of the secondary literature, yet it takes to task many prevalent approaches to his work, and contests especially the way we often restrict our encounter with him to ...

In this paper I contrast conceptions of self from two perspectives: an individualistic orientation and a communitarian approach. In doing so, the philosophical justification is Wittgenstein’s idea that individualism is produced and reinforced as a way of being, thinking and interacting in community. With this contextual frame, I argue that we are shaped by the language practices of our community to ascribe meaning and interpret our own relationships with others through our language lexicon and grammar. To illustrate the communitarian perspective (...) I refer to Māori perspectives in which connectedness is axiomatic: in particular the concepts of whanaungatanga and whakapapa, as described by Ka’ai and Metge. On the basis that such concepts are predicated on language use, I suggest that we can learn the grammar of engagement in a discursive context that emphasises connectedness just as easily as in one which is founded on separateness. I argue that interacting with an other is to engage with the ideas, beliefs, and values that shape their language, even as we expose our own. Engaging between individualistic and communitarian understandings is presented as learning to bridge language gaps between different social constructs and understandings of reality. (shrink)

Rooted in the field of cathedral studies, this paper draws into dialogue three bodies of knowledge: Edward Bailey’s notion of implicit religion that, among other things, highlights the continuing traction of the Christian tradition and Christian practice within secular societies; David Walker’s notion of the multiple ways through which in secular societies people may relate to the Christian tradition as embodied within the Anglican Church and John Fisher’s notion of spiritual wellbeing as conceptualised in relational terms. Against this conceptual background, (...) this paper draws on data provided by 1234 participants attending one of the Christmas Eve carol services in Liverpool Cathedral to explore the perceived impact of attendance on the spiritual health of people who do not believe in God and yet feel that Liverpool Cathedral is their cathedral, and it is this sense of belonging that brings them back at Christmas time.Contribution: Situated within the science of cathedral studies, this paper links in an original way three fields of discourse: Edward Bailey’s notion of implicit religion, David Walker’s notion of the four ways of belonging to God facilitated by the Anglican Church and John Fisher’s conceptualisation and operationalisation of the notion of spiritual wellbeing. The hypothesis developed from this original integration of theoretical perspectives is then tested empirically on data provided by 404 participants at carol services who do not believe in God. (shrink)

Two cohorts of teachers working full‐time in Church of England voluntary‐aided and voluntary‐controlled first, primary and middle schools within the Diocese of St Edmundsbury and Ipswich were invited to complete a questionnaire concerned with teaching styles in 1982 and again in 1996. The data demonstrate a significant shift toward placing greater value on traditional teaching styles between 1982 and 1996.

Within the passion narrative Matthew adds important pericopes to the Marcan text concerning both Pilate and Judas. These additional pericopes provide a rich resource for exploring the psychological motivation of and the psychological consequences for these two key actors in the betrayal and crucifixion of Jesus. The present study employs the Jungian framework of the sensing, intuition, feeling and thinking (SIFT) approach to Biblical hermeneutics to explore the interpretation of Matthew 27:19–25 (concerning Pilate) through the lenses of sensing and intuition, (...) and the interpretation of Matthew 27:3–10 (concerning Judas) through the lenses of thinking and feeling among 24 experienced preachers in Ontario, Canada. The findings confirm the hypotheses advanced by the SIFT approach that significant differences emerge between the psychological perceptions of sensing types and intuitive types, and that significant differences emerge between the psychological evaluations of thinking types and feeling types. (shrink)