In this chapter, I interpret Vladimir Jankélévitch’s work on the bad conscience and on forgiveness in relation to the film Manchester by the Sea (Kenneth Lonergan, 2016). This film is a striking meditation on remorse and the difficulty of self-forgiveness for Lee Chandler, a man who lives a monastic life as a janitor in Boston after the tragic death of his three children in a house fire. Many discussions of the film so far have focused on its depictions of despair (...) and grief (with brief references to guilt), aspects of it that are certainly important. (Lane, 2016; Scott, 2016; Fleming, 2017) However, a focus on grief neglects the ethical dimensions of the film that Jankélévitch’s intense articulations of the solitary character of remorse and what a genuine offering of forgiveness really concerns can illuminate and engage with. His accounts demonstrate the immense complexity of remorse, self-forgiveness and the difficulty of accepting the generous forgiveness of others, even in situations where the calamity that has occurred is not a result of a deliberate, intentional action. Lee’s remorse dwells in the irreversibility of time and the irrevocability of our acts that Jankélévitch explains, and goes further in being a remorse that cannot be overcome. The film also enables us to question features of Jankélévitch’s view: that we can undo the consequences of our act or deed, in contrast to the action, and that self-forgiveness is a conceptual impossibility, because forgiveness must be a relation to another, rather than sometimes an existential one. (shrink)

How do Dutch people let each other know that they disagree? What do they say when they want to resolve their difference of opinion by way of an argumentative discussion? In what way do they convey that they are convinced by each other’s argumentation? How do they criticize each other’s argumentative moves? Which words and expressions do they use in these endeavors? By answering these questions this short essay provides a brief inventory of the language of argumentation in Dutch.

There is widespread agreement that there should be a principle requiring that artificial intelligence be ‘explicable’. Microsoft, Google, the World Economic Forum, the draft AI ethics guidelines for the EU commission, etc. all include a principle for AI that falls under the umbrella of ‘explicability’. Roughly, the principle states that “for AI to promote and not constrain human autonomy, our ‘decision about who should decide’ must be informed by knowledge of how AI would act instead of us” :689–707, 2018). There (...) is a strong intuition that if an algorithm decides, for example, whether to give someone a loan, then that algorithm should be explicable. I argue here, however, that such a principle is misdirected. The property of requiring explicability should attach to a particular action or decision rather than the entity making that decision. It is the context and the potential harm resulting from decisions that drive the moral need for explicability—not the process by which decisions are reached. Related to this is the fact that AI is used for many low-risk purposes for which it would be unnecessary to require that it be explicable. A principle requiring explicability would prevent us from reaping the benefits of AI used in these situations. Finally, the explanations given by explicable AI are only fruitful if we already know which considerations are acceptable for the decision at hand. If we already have these considerations, then there is no need to use contemporary AI algorithms because standard automation would be available. In other words, a principle of explicability for AI makes the use of AI redundant. (shrink)

Should the assessment of decision‐making capacity (DMC) be risk sensitive, that is, should the threshold for DMC vary with risk? The debate over this question is now nearly five decades old. To many, the idea that DMC assessments should be risk sensitive is intuitive and commonsense. To others, the idea is paternalistic or incoherent, or both; they argue that the riskiness of a given decision should increase the epistemic scrutiny in the evaluation of DMC, not increase the threshold for DMC. (...) We respond to the critics’ main concerns by providing a comprehensive account of how risk‐sensitive DMC is coherent, avoids paternalism, and best fulfills the epistemic goal of DMC evaluations. (shrink)

Normative pragmatics can bridge the differences between dialectical and rhetorical theories in a way that saves the central insights of both. Normative pragmatics calls attention to how the manifest strategic design of a message produces interpretive effects and interactional consequences. Argumentative analysis of messages should begin with the manifest persuasive rationale they communicate. But not all persuasive inducements should be treated as arguments. Arguments express with a special pragmatic force propositions where those propositions stand in particular inferential relations to one (...) another. Normative pragmatics provides a framework within which varieties of propositional inference and pragmatic force may be kept straight. Normative pragmatics conceptualizes argumentative effectiveness in a way that integrates notions of rhetorical strategy and rhetorical situation with dialectical norms and procedures for reasonable deliberation. Strategic effectiveness should be seen in terms of maximizing the chances that claims and arguments will be reasonably evaluated, whether or not they are accepted. Procedural rationality should be seen in terms of adjustment to the demands of concrete circumstances. Two types of adjustment are illustrated: rhetorical strategies for framing the conditions for dialectical deliberation and rhetorical strategies for making do with limitations to dialectical deliberation. (shrink)

Offering the first general introductory text to this subject, the timely _Introduction to_ _Evolutionary Ethics_ reflects the most up-to-date research and current issues being debated in both psychology and philosophy. The book presents students to the areas of cognitive psychology, normative ethics, and metaethics. The first general introduction to evolutionary ethics Provides a comprehensive survey of work in three distinct areas of research: cognitive psychology, normative ethics, and metaethics Presents the most up-to-date research available in both psychology and philosophy Written (...) in an engaging and accessible style for undergraduates and the interested general reader Discusses the evolution of morality, broadening its relevance to those studying psychology. (shrink)

Arguments are weakly meta-argumentative when they call attention to themselves and purport to be successful as arguments. Arguments are strongly metaargumentative when they take arguments (themselves or other arguments) as objects for evaluation, clarification, or improvement and explicitly use concepts of argument analysis for the task. The ambitious meta-argumentation thesis is that all argumentation is weakly argumentative. The modest meta-argumentation thesis is that there are unique instances of strongly meta-argumentative argument. Here, we show how the two theses are connected and (...) both are plausible. (shrink)

Introduction: Laughter as an expression of human nature in the Middle Ages and the early modern period: literary, historical, theological, philosophical, and psychological reflections -- Judith Hagen. Laughter in Procopius's wars -- Livnat Holtzman. "Does God really laugh?": appropriate and inappropriate descriptions of God in Islamic traditionalist theology -- Daniel F. Pigg. Laughter in Beowulf: ambiguity, ambivalence, and group identity formation -- Mark Burde. The parodia sacra problem and medieval comic studies -- Olga V. Trokhimenko. Women's laughter and gender politics (...) in medieval conduct discourse -- Madelon Köhler-Busch. Pushing decorum: uneasy laughter in Heinrich von Dem Türlîn's Diu crône -- Connie L. Scarborough. Laughter and the comic in a religious text -- John Sewell. The son rebelled and so the father made man alone: ridicule and boundary maintenance in The Nizzahon vetus -- Birgit Wiedl. Laughing at the beast: the judensau: anti-Jewish propaganda and humor from the Middle Ages to the early modern period -- Fabian Alfie. Yes . . . but was it funny? Cecco Angiolieri, Rustico Filippi and Giovanni Boccaccio -- Nicolino Applauso. Curses and laughter in medieval Italian comic poetry -- Feargal Béarra. Tromdhámh guaire: a context for laughter and audience in early modern Ireland -- Jean E. Jost. Humorous transgression in the non-conformist fabliaux: a Bakhtinian analysis of three comic tales -- Gretchen Mieszkowski. Chaucerian comedy: Troilus and Criseyde -- Sarah Gordon. Laughing and eating in the fabliaux -- Christine Bousquet-Labouérie. Laughter and medieval stalls -- Scott L. Taylor. Esoteric humor and the incommensurability of laughter -- Jean N. Goodrich. The function of laughter in The second shepherds' play -- Albrecht Classen. Laughing in late-medieval verse and prose narratives -- Rosa Alvarez perez. The workings of desire: Panurge and the dogs -- Elizabeth Chesney Zegura. Laughing out loud in the Heptaméron: a reassessment of Marguerite de Navarre's ambivalent humor -- Lia B. Ross. You had to be there: the elusive humor of the Sottie -- Kyle Diroberto. Sacred parody in Robert Greene's Groatsworth of wit -- Martha Moffitt Peacock. The comedy of the shrew: theorizing humor in early modern Netherlandish art -- Jessica Tvordi. The comic personas of Milton's Prolusion VI: negotiating masculine identity through self-directed humor -- John Alexander. Ridentum dicere verum (using laughter to speak the truth): laughter and the language of the early modern clown "pickelhering" in German literature of the late seventeenth century (1675-1700) -- Thomas Willard. Andreae's ludibrium: Menippean satire in The chymische hochzeit -- Diane Rudall. The comic power of illusion-allusion -- Allison P. Coudert. Laughing at credulity and superstition in the long eighteenth century. (shrink)

There are two ways to characterize symmetric relations. One is intensional: necessarily, _Rxy_ iff _Ryx_. In some discussions of relations, however, what is important is whether or not a relation gives rise to the same completion of a given type (fact, state of affairs, or proposition) for each of its possible applications to some fixed relata. Kit Fine calls relations that do ‘strictly symmetric’. Is there is a difference between the notions of necessary and strict symmetry that would prevent them (...) from being used interchangeably in such discussions? I show that there is. While the notions coincide assuming an intensional account of relations and their completions, according to which relations/completions are identical if they are necessarily coinstantiated/equivalent, they come apart assuming a hyperintensional account, which individuates relations and completions more finely on the basis of relations’ real definitions. I establish this by identifying two definable relations, each of which is necessarily symmetric but nonetheless results in distinct facts when it applies to the same objects in opposite orders. In each case, I argue that these facts are distinct because they have different grounds. (shrink)

Speech act theory seems to provide a promising avenue for the analysis of the functional organization of argument. The theory, however, might be taken to suggest that arguments are a homogenous class of speech act with a specifiable illocutionary force and a single set of felicity conditions. This suggestion confuses the analysis of the meaning of speech act verbs with the analysis of the pragmatic structure of actual language use. Suggesting that arguments are conveyed through a homogeneous class of linguistic (...) action overlooks the way in which the context of activity and the form of expression organize the argumentative functions performed in using language. An alternative speech act analysis would treat folk terminology as a heuristic entry point into the development of a technical analysis of the myriad argumentative functions and structures to be found in natural language use. This would lead to a thorough-going pragmatic analysis of the rational and functional design of speech acts in argumentation. (shrink)

In this essay, we give a theoretical overview of how humor can play a meta-argumentative role, particularly in making clear the norms and stakes of arguments. This, we think, has salutary consequences for teaching critical thinking and argument evaluation—humor is a useful tool for making those things clear. However, there are troubling features of humor’s functions that problematize its use in teaching settings. These are what we call the cruelty, audience, accessibility, and gender gap problems for humor as a pedagogical (...) tool. (shrink)

With Artificial Intelligence entering our lives in novel ways—both known and unknown to us—there is both the enhancement of existing ethical issues associated with AI as well as the rise of new ethical issues. There is much focus on opening up the ‘black box’ of modern machine-learning algorithms to understand the reasoning behind their decisions—especially morally salient decisions. However, some applications of AI which are no doubt beneficial to society rely upon these black boxes. Rather than requiring algorithms to be (...) transparent we should focus on constraining AI and those machines powered by AI within microenvironments—both physical and virtual—which allow these machines to realize their function whilst preventing harm to humans. In the field of robotics this is called ‘envelopment’. However, to put an ‘envelope’ around AI-powered machines we need to know some basic things about them which we are often in the dark about. The properties we need to know are the: training data, inputs, functions, outputs, and boundaries. This knowledge is a necessary first step towards the envelopment of AI-powered machines. It is only with this knowledge that we can responsibly regulate, use, and live in a world populated by these machines. (shrink)

Florijn’s helpful discussion of the Heringa case illustrates the difficulties in drawing a boundary on eligibility conditions for EAS. In Heringa, the Dutch Supreme Court reaffirmed...

The treatment in what follows of the politics of hegemony is not per se one of Gramsci, or Laclau or of Stuart Hall's earlier work. At stake is something that encompasses a more general regime of power that will be developed throughout the length of this: what might be called 'extensive politics'. What I will try to show is that such extensive power or such an extensive politics is being progressively displaced by a politics of intensity. I will trace the (...) shift from hegemony or extensive politics to such an intensive politics in terms of: 1) a transition to an ontological regime of power, from a regime that in important respects is 'epistemological', 2) a shift in power from the hegemonic mode of 'power over' to an intensive notion of power from within (including domination from within) and power as generative force, 3) a shift from power and politics in terms of normativity to a regime of power much more based in what can be understood as a 'facticity'. This points to a general transition from norm to fact in politics. From hegemonic norm to what we will see are intensive facts. The fourth section will look at this shift through a change from an extensive (and hegemonic) regime of representation to an intensive regime of communications. (shrink)

In an important and widely cited paper, Zerilli, Knott, Maclaurin, and Gavaghan (2019) argue that opaque AI decision makers are at least as transparent as human decision makers and therefore the concern that opaque AI is not sufficiently transparent is mistaken. I argue that the concern about opaque AI should not be understood as the concern that such AI fails to be transparent in a way that humans are transparent. Rather, the concern is that the way in which opaque AI (...) is opaque is very different than the way in which humans are opaque. What matters is the degree to which the opaque processes of a class of decision makers are stable, uniform, and safe. The degree to which such processes have these features in humans is higher than the degree to which such processes have these features in opaque AI. And therefore we should require AI to be more transparent than humans. (shrink)

I present a counterexample to Kirk-Giannini’s Dilemmatic Theory of gaslighting.

There is a wealth of evidence which indicates that arguments are not very efficient tools for changing minds. Against this scepticism, Dutilh Novaes (2023) presents evidence that, given the right social context, arguments sometimes play a significant role in belief revision. However, drawing on Levy (2021), I argue that the evidence Dutilh Novaes cites is compatible with the view that it is not arguments that change individual minds but instead belief outsourcing that occurs alongside the consideration of arguments.

Digressions in argumentative discussion are a kind of failure of relevance. Examination of what actual cases look like reveals several properties of argumentative relevance: (1) The informational relevance of propositions to the truth value of a conclusion should be distinguished from the pragmatic relevance of argumentative acts to the task of resolving a disagreement. (2) Pragmatic irrelevance is a collaborative phenomenon. It does not just short-circuit reasoning; it encourages a failure to take up the demands of an argumentative task. (3) (...) Pragmatic irrelevance can occur not simply by the absence of a connection between what is said and some standpoint in dispute, but also by the presence of a connection between what is said and a competing use of the information. (4) Pragmatic relevance must be accomplished through communicative action. (shrink)

By a free logic is generally meant a variant of classical first-order logic in which constant terms may, under interpretation, fail to refer to individuals in the domain D over which the bound variables range, either because they do not refer at all or because they refer to individuals outside D. If D is identified with what is assumed by the given interpretation to exist, in accord with Quine’s dictum that “to be is to be the value of a [bound] (...) variable,” then a free variation on classical semantics does not require that all constant terms refer to existents, and in this sense such terms lack existential import. (shrink)

François Jullien intervenes into the ontology debates to understand Chinese thought as an anti-ontology, but instead in terms of ‘life’, that is as a sort of vitalism. Chinese anti-ontology features the juxtaposition of the wu (there-is-not) with the you (there-is). This, I argue, maps onto theology’s counterposition of otherworldly and this-worldly. Here Daoism features an ascetic and unstratified wu in contraposition to Confucianism’s you of moderation and stratification. We contrast ontology’s causation with ‘efficacy’ in Jullien’s Chinese thought. We read Zhuangzi’s (...) ‘Equalization of Things’, where the inequalities of the you are equalized in the wu, as a sort of vitalist object energetics. We turn to Chinese ethics, and its driving virtue of yi. We understand the yi not as ‘righteousness’, which is a theological attribute of Christ, but instead as closer to political ‘right’, in China embedded in immanentist forms of life. Western Cartesian ontology is often contrasted with Chinese thought that works through a certain ‘analogism’. We read this, with Walter Benjamin’s Chinese ‘mimetic’ faculty, in terms of a vitalist energetics, a forcefield of the Ten Thousand Things. (shrink)

While it is widely agreed that decoherence will not solve the measurement problem, decoherence has been used to explain the “emergence of classicality” and to eliminate the need for a Copenhagen edict that some systems simply have to be treated as classical via a quantum-classical “cut”. I argue that decoherence still relies on such a cut. Decoherence accounts derive classicality only in virtue of their incompleteness, by omission of part of the entangled system of which the classical-appearing subsystem is a (...) part. I argue that this omission is only justified by implicit classical assumptions that objectify a subsystem and are employed via either a traditional Copenhagen cut or a functionally equivalent imposition of separability on a system in a non-separable state. I argue that decoherence cannot derive classicality without assuming it in some other form, and I provide an analysis of when it is appropriate to make these otherwise implicit classical assumptions by adopting a minimalistic Copenhagen-style approach to measurement. Finally, I argue that, ironically, the conditions for making these assumptions may be better satisfied in standard measurement situations than in cases of environmental monitoring. (shrink)

I have argued elsewhere that the psychological criterion of personalidentity entails that a person is not an object, but a series ofpsychological events. As this is somewhat counter-intuitive,I consider whether the psychological theorist can argue that a person, while not a substance, exists in a way that is akin to theway that substances exist. I develop ten criteria that such a`quasi-substance' should meet, and I argue that a reasonablecase can be made to show that the psychological theorist's conception of a (...) person meets these criteria. (shrink)

Introduction: Healthcare practitioners have a legal, ethical and professional obligation to obtain patient consent for all healthcare treatments. There is increasing evidence which suggests dissonance and variation in practice in assessment of decision-making capacity and consent processes. Aims: This study explores healthcare practitioners’ knowledge and practices of assessing decision-making capacity and obtaining patient consent to treatment in the acute generalist setting. Methods: An exploratory descriptive cross-sectional survey design, using an online questionnaire, method was employed with all professional groups invited via (...) email to participate. Data were collected over 3 months from July to September 2015. Survey content and format was reviewed by the liaison psychiatry team and subsequently contained five sections (demographics, general knowledge and practice, delirium context, legal aspects and education/training). Descriptive, univariate and bivariate analysis of quantitative data and qualitative content analysis of qualitative data were undertaken. Ethical considerations: The study was approved by the institutional Human Research and Ethics Committee and informed consent was taken to be provided by participants upon completion and submission of the de-identified survey. Results: In total, 86 participants engaged the survey with n = 24, exiting at the first consent question. Almost two-thirds of respondents indicated that all treatments required patient consent. Knowledge of consent and decision-making capacity as legal constructs was deficient. Decision-making capacity was primarily assessed using professional judgement and perceived predominantly as the responsibility of medical and psychology staff. A range of patient psychological and behavioural symptoms were identified as indicators requiring assessment of decision-making capacity. Despite this, many patients with delirium have their decision-making capacity assessed and documented only sometimes. Uncertain knowledge and inconsistent application of legislative frameworks are evident. Many participants were unsure of the legal mechanisms for obtaining substitute consent in patients with impaired decision-making capacity and refusing treatment. Conclusion: The legal context of decision-making capacity and consent to treatment appears complex for healthcare practitioners. Professional, ethical and legal standards of care in this context can benefit from structured education programmes and supportive governance processes. An understanding of why ‘duty of care’ is being used as a framework within the context of impaired decision-making capacity is warranted, alongside a review of the context of Duty of Care within health policy, guidance and faculty teaching. (shrink)

Duties of beneficence are not well understood. Peter Singer has argued that the scope of beneficence should not be restricted to those who are, in some sense, near us. According to Singer, refusing to contribute to humanitarian relief efforts is just as wrong as refusing to rescue a child drowning before you. Most people do not seem convinced by Singer’s arguments, yet no one has offered a plausible justification for restricting the scope of beneficence that doesn’t produce counterintuitive results elsewhere. (...) I offer a defence of this restricted scope by introducing the notion of unique dependence, a notion that is both intuitively attractive and theoretically grounded. It explains why your reason to rescue the drowning child is more stringent than your reason to contribute to humanitarian relief, while blocking the conclusion that we have no reason at all to aid distant sufferers . (shrink)

In recent years, it has become common to defend science against charges of bias against the supernatural by explaining that science must remain methodologically natural but does not assume metaphysical naturalism. While such a response is correct, some details about the distinction between methodological naturalism and ontological or metaphysical naturalism have been lacking, as has a clear understanding of the distinction between the methodological restriction of science to natural explanations and naturalistic claims about the scope of those methods. We still (...) require an account of the natural that explains well why science is restricted to giving naturalistic methods, and why the pursuit of natural explanations is not tantamount to the assumption that only natural causes exist. I suggest that the distinguishing characteristics of the natural are not metaphysical at all but broadly epistemological, concerning goals of intersubjectivity and predictability. I argue that by focusing on naturalistic goals we can better explain why the pursuit of natural explanations need not presume any purely natural metaphysics. But I also suggest that the adoption of natural methods is not entirely metaphysically neutral, as it is associated with values that may be more closely associated with some metaphysical views than others. (shrink)

It is argued that those who accept the psychological criterion of personal identity, such as Parfit and Shoemaker, should accept what I call the 'series' view of a person, according to which a person is a unified aggregate of mental events and states. As well as defending this view against objections, I argue that it allows the psychological theorist to avoid the two lives objection which the 'animalist' theorists have raised against it, an objection which causes great difficulties for the (...) conception of a person that most psychological theorists favour, the constitution view. It is also argued that the series view allows that people can body swap and teleport, which the constitution view—which takes a person to be a physical object (but a distinct physical object from the human being)—has great trouble with. (shrink)

This article presents a case for the revaluation of vitalism in sociological theory. It argues for the relevance of such a Lebenssoziologie in the global information age. The body of the article addresses what a vitalist sociology might be through a consideration of Georg Simmel. The analysis works from the juxtapositon of vitalist monadology with postivist atomism. It shows how Simmel drew on the Kantian cognition to develop an idea of the social. Here Kant’s Newtonian atomism was transformed into Simmel’s (...) Darwinian atomism. ‘Form’, for Kant, is the a priori of the cognitive categories. For Simmel form is the functions that constitute the social a priori. The other of form is substance. Simmelian ‘substance’, we see, is understood as ‘life’. We view this in the context of Leibniz’s monadology. In this the monad is simple substance as difference. The monad is self-organizing, conceived on the lines of not the extensivity of res extensa, but the intensivity of res cogitans; the monad is possessed with memory as trace; it is comprised of relations of perception; it is reflexive. In each case monadology is systematically contrasted with atomism. We consider the Bergsonian and Nietzschean impetus in Simmel’s shift from Darwinian atomistic evolution to monadological creative evolution. We compare Marx’s labour theory of value with Simmel’s ‘life theory of value’. For Marx it is labour that makes up value-substance: for Simmel life is value-substance. We examine Simmel’s core notion of life as social substance: as a primordial inter-subjectivity of flux. We conclude with a contrast of such ‘flux’ and flow: of such a flux of ‘becoming’ and invention in contrast to the flows of domination of today’s global capitalism. (shrink)

Shavelson et al. (2023) raise the familiar question of parity or fairness in the assisted dying1 debate: if we legally permit the practice for one person, should we not permit everyone similarly si...

This integrative review aims to provide a synthesis of research findings of health-care professionals’ knowledge, attitudes and behaviours relating to patient capacity to consent to or refuse treatment within the general hospital setting. Search strategies included relevant health databases, hand searching of key journals, ‘snowballing’ and expert recommendations. The review identified various knowledge gaps and attitudinal dispositions of health-care professionals, which influence their behaviours and decision-making in relation to capacity to consent processes. The findings suggest that there is tension between (...) legal, ethical and professional standards relating to the assessment of capacity and consent within health care. Legislation and policy guidance concerning capacity assessment processes are lacking, and this may contribute to inconsistencies in practice. (shrink)

Frank Jackson in Perception uses the relation to ground the distinction between direct and indirect perception. He argues that it follows that our perception of physical objects is mediated by perceiving their facing surfaces, and so is indirect. I argue that this is false. Seeing a part of an object is in itself a seeing of the object; there is no indirectness involved. Hence, the relation is an inadequate basis for the direct-indirect distinction. I also argue that claims that we (...) don't, , see objects, are also false. (shrink)

The purpose of this paper is to argue for psychological egoism, i.e., the view that the ultimate motivation for all human action is the agent’s self-interest. Two principal opponents to psychological egoism are considered. These two views are shown to make human action inexplicable. Since the reason for putting forward these views is to explain human action, these views fail. If psychological egoism is the best explanation of human action, then humans will not differ as regards their motivations for their (...) actions. However, humans will differ as regards their knowledge of what is in fact in their self-interest. (shrink)

BackgroundDelirium is highly prevalent in the general hospital patient population, characterized by acute onset, fluctuating levels of consciousness, and global impairment of cognitive functioning. Mental capacity, its assessment and subsequent consent are therefore prominent within this cohort, yet under-explored.AimThis study of patients with delirium sought to determine the processes by which consent to medical treatment was attempted, how capacity was assessed, and any subsequent actions thereafter.MethodA retrospective documentation review of patients identified as having a delirium for the twelve months February (...) 2013 to January 2014 was undertaken. Inclusion and exclusion criteria were used; demographic and descriptive data collected. A total of n=1153 patients were identified with n=310 meeting inclusion criteria.ResultA random sample of one hundred patients were subsequently reviewed. One third of patients had documentation relating to consent, while four patients had documentation relating to capacity. Median delirium duration was three days, with treatment refusal occurring in twenty-two patients and “duty of care” being used as an apparent beneficent related treatment framework in twelve patients.ConclusionsWhile impaired decision-making was indicated, the review was unable to indicate what patient characteristics flag the need for capacity assessment. Documentation relating to consent processes appeared deficient for this cohort. (shrink)

Although a pregnant woman can now refuse any medical treatment needed by the fetus, the Court of Appeal has acknowledged that ethical dilemmas remain, adverting to the inappropriateness of legal compulsion of presumed moral duties in this context. This leaves the impression of an uncomfortable split between the ethics and the law. The notion of a pregnant woman refusing medical treatment needed by the fetus is troubling and it helps little simply to assert that she has a legal right to (...) do so. At the same time, the idea that a pregnant woman fails in her moral duty unless she accepts any recommended treatment or surgery—however great the burdens—is also not without difficulty. This article seeks to find a way between these two somewhat polarized positions by arguing that, instead of being a question primarily about whether legally to enforce moral obligations, the «maternal—fetal conflict» begins with previously unrecognized difficulties in determining when a woman's prima facie moral rights invoked in the treatment context should «give way» to the interests of the fetus. This difficulty is mirrored within the law. Thus, how can we tell when a pregnant woman has the moral or legal duty to submit to a caesarean section? Seen in this way, the conflict is a problem which lies at the interface between moral and legal rights and duties, showing that there are important conceptual links between the ethics and the law. Against this background, this article explores the limits of a pregnant woman's right to bodily integrity by focusing upon the idea of her moral duty to aid the fetus through her body. Here we find difficulties in determining the existence and extent of this somewhat extraordinary duty. Such a duty is contrasted with both negative and positive duties toward others in the course of «general conduct». Attention to the social context of pregnancy and the refusal of treatment within this is also instructive. Overall, the purpose is to foster understanding and acceptance of the current legal position. (shrink)

This article examines the thoughts and works of Catholic philosopher Jacques Maritain and evangelical philosopher Norman Geisler in light of their understanding of Thomas Aquinas’s view of faith and reason.

Many fans of Diogenes of Sinope laud his parrhesia, free speech used for critique. However, Diogenes abused not only the powerful but also the socially marginalized. We argue that interpreters of Diogenes cannot explain away the undeniably troublesome things that Diogenes said about those at the margins. But we also argue that Diogenes ought nonetheless to be preserved. Some of his chreiai can be reminders of how to be courageous and fight for the downtrodden, and others can serve as reminders (...) of how easily those aspirations can be forgotten. We offer a variety of ways to interpret Diogenes, especially since the figure of Diogenes is an historical composite from centuries of sources. But we arrive at a position of loving antagonism toward Diogenes, loving Cynic commitments to autarkeia and against wealth and power, and disapproving when Cynics fell short of their commitments and critical aspirations. (shrink)