In Badges and Incidents, Michael J. Kaufman undertakes an interdisciplinary investigation of American education law and pedagogy. By weaving together the invaluable insights of law, education, history, political science, economics, psychology, and neuroscience, this book illuminates the ways in which the design of the American educational system does not reflect how human beings live and learn. It examines the principles of the nation's Founders and demonstrates how a distorted presentation of the Founders' views curtailed the development of a (...) truly democratic educational system. The influence of this distortion on several critical Supreme Court decisions is exposed, and these decisions have largely failed to facilitate the educational system the Founders envisioned. By placing contemporary challenges in context and endorsing social constructivist pedagogy as the best path forward, Kaufman's study will prove invaluable to advocates of equity in education, helping them navigate a contentious political climate with an eye toward future reform efforts. (shrink)

Nielsen Busch and Mjaaland (2023) argue that controlled donation after circulatory death does not violate the dead donor rule because the dead donor rule “merely requires that procurement of organs...

Because of his preoccupation with the formal aspects of music and literature, Theodor W. Adorno is often regarded as the most aesthetically oriented thinker of the Frankfurt School theorists. It is Adorno’s perceived commitment to aestheticism—the study of art for art’s sake and the study of art as a source of sensuous pleasure, rather than as a vehicle for culturally constructed morality or meaning—that many scholars have criticized as hostile to genuine, concrete, substantive political, social, and ethical engagement with the (...) arts. _Adorno and Ethics_—the first issue of _New German Critique_ to be published by Duke University Press—takes issue with Adorno’s critics. These essays reconsider Adorno’s unique brand of aestheticism, revealing a “politics of aestheticism” and exploring the political and ethical dimensions of his writings. One contributor links the ethical turn taken in Adorno criticism with related developments in American poetry and poetics. Another examines Adorno’s aphorism “Gold Assay” for the ways in which it anticipates one of his seminal works, _The Jargon of Authenticity_. Focusing on Auschwitz and the testimony of its survivors, one contributor explores the impact of the Holocaust on modern philosophy and reason, a relationship that he argues Adorno never specified. Another contributor considers the figure of the animal in the writings of Kant, Adorno, and Lévinas, exploring what it might mean to live, as Adorno suggests, as “a good animal.” _Contributors_. J. M. Bernstein, Detlev Claussen, Samir Gandesha, Alexander García Düttmann, Christina Gerhardt, Martin Jay, Robert Kaufman, Michael Marder, Gerhard Richter. (shrink)

DBS Think Tank IX was held on August 25–27, 2021 in Orlando FL with US based participants largely in person and overseas participants joining by video conferencing technology. The DBS Think Tank was founded in 2012 and provides an open platform where clinicians, engineers and researchers can freely discuss current and emerging deep brain stimulation technologies as well as the logistical and ethical issues facing the field. The consensus among the DBS Think Tank IX speakers was that DBS expanded in (...) its scope and has been applied to multiple brain disorders in an effort to modulate neural circuitry. After collectively sharing our experiences, it was estimated that globally more than 230,000 DBS devices have been implanted for neurological and neuropsychiatric disorders. As such, this year’s meeting was focused on advances in the following areas: neuromodulation in Europe, Asia and Australia; cutting-edge technologies, neuroethics, interventional psychiatry, adaptive DBS, neuromodulation for pain, network neuromodulation for epilepsy and neuromodulation for traumatic brain injury. (shrink)

In this book, Michael Sandel takes up some of the hotly contested moral and political issues of our time, including affirmative action, assisted suicide, ...

Review of Primary Ousia: An Essay on Aristotle's Metaphysics Z and H, by Michael J. Loux (Cornell University Press: 1991).

Centre for Applied Philosophy and Public Ethics, The Australian National University, LPO Box 8260, ANU, Canberra ACT 2601, Australia. Email: michael.selgelid{at}anu.edu.au ' + u + '@ ' + d + ' '/ /- ->. Home page: http: //www.cappe.edu.au/staff/michael-selgelid.htmThis article advocates the development of a moderate pluralist theory of political philosophy that recognizes that utility, liberty and equality are legitimate, independent social values and that none should have absolute priority over the others. Inter alia, such a theory would provide (...) a principled means for striking a balance, or making trade-offs, between these values in cases of conflict. Recent developments in public health ethics have made progress in thinking about how to make trade-offs between liberty and utility in particular. While public health ethicists often claim that the least restrictive alternative should be used to achieve the public health goal in question, I argue that a plausible but under-recognized idea is that the least restrictive alternative might sometimes involve improvement of global health via redistributive taxation—i.e., rather than coercive social distancing measures. I conclude by demonstrating that the proportionality principle leaves open the question of when exactly utility outweighs liberty or vice versa—and I argue that, rather than speaking about the morality of liberty-infringing public health interventions in categorical/binary terms, it would be more fruitful and realistic to think and speak about the degree to which a liberty-infringing public health intervention is morally appropriate. CiteULike Connotea Del.icio.us What's this? (shrink)

Drug‐resistant bacterial infections constitute a major threat to global public health. Several key bacteria that are becoming increasingly resistant are among those that are ubiquitously carried by human beings and usually cause no symptoms (i.e. individuals are asymptomatic carriers) until and/or unless a precipitating event leads to symptomatic infection (and thus disease). Carriers of drug‐resistant bacteria can also transmit resistant pathogens to others, thus putting the latter at risk of resistant infections. Accumulating evidence suggests that such transmission occurs not only (...) in hospital settings but also in the general community, although considerably more data are needed to assess the extent of this problem. Asymptomatic carriage of drug‐resistant bacteria raises important ethical questions regarding the appropriate public health response, including the degree to which it would be justified to impose burdens on asymptomatic carriers (and others) in order to prevent transmission. In this paper, we (i) summarize current evidence regarding the carriage of key drug‐resistant bacteria, noting important knowledge gaps; and (ii) explore the particular implications of existing public health ethics frameworks for policy‐making regarding asymptomatic carriers. Inter alia, we argue that the relative burdens imposed by public health measures on healthy carriers (as opposed to sick individuals) warrant careful consideration and should be proportionate to the expected public health benefits in terms of risks averted. We conclude that more surveillance and research regarding community transmission will be needed in order to clarify relevant risks and design proportionate policies, although extensive community surveillance itself would also require careful ethical consideration. (shrink)

The definition of precision medicine has continued to evolve, partly in response to criticism of the original concept. However, whatever the definition or current state of the brand, it fundamentally relies on a putatively tight linkage between genotype and complex human traits. If such a linkage is truly robust, then it should be possible to predict the occurrence of complex traits, both good and bad. If such prediction is possible, it should also be feasible to intervene to prevent or preempt (...) disease-related traits. There are of course many potential barriers to this sort of genomic medicine two-step. For example, a number of statistical considerations make generating biomarker (including gene... (shrink)

A major distinction in the social organization of ant societies is the number of reproductive queens that reside in a single colony. The fire ant Solenopsis invicta exists in two distinct social forms, one with colonies headed by a single reproductive queen and the other containing several to hundreds of egg‐laying queens. This variation in social organization has been shown to be associated with genotypes at the gene Gp‐9. Specifically, single‐queen colonies have only the B allelic variant of this gene, (...) whereas multiple‐queen colonies always have the b variant as well. Subsequent studies revealed that Gp‐9 shares the highest sequence similarity with genes encoding pheromone‐binding proteins (PBPs). In other insects, PBPs serve as central molecular components in the process of chemical recognition of conspecifics. Fire ant workers regulate the number of egg‐laying queens in a colony by accepting queens that produce appropriate chemical signals and destroying those that do not. The likely role of GP‐9 in chemoreception suggests that the essential distinction in colony queen number between the single and multiple‐queen form originates from differences in workers' abilities to recognize queens. Other, closely related fire ant species seem to regulate colony social organization in a similar fashion. BioEssays 27:91–99, 2005. © 2004 Wiley Periodicals, Inc. (shrink)

This Response addresses eight issues raised in the commentaries: (1) the question of how innate talents should be defined; (2) relationships between the talent account and broader views concerning genetic variability; (3) the quality of the empirical evidence for and against the talent account; (4) the possible involvement of innate influences on specific abilities; (5) the possibility of talent-like phenomena in autistic savants; (6) alternative explanations of exceptional expertise at skills; (7) practical and educational implications of the talent account and (...) alternative positions. Finally, (8), we conclude by discussing the impact of the commentaries on our own views. (shrink)

Recent work in both the theory of the firm and of corporate law has called into question the appropriateness of analysing corporate law as ‘merely’ a set of standard form contracts. This article develops these ideas by focusing on property law's role in underpinning corporate enterprise. Rights to control assets are a significant mechanism of governance in the firm. However, their use in this way predicates some arrangement for stipulating which parties will have control under which circumstances. It is argued (...) that ‘property rules’—a category whose scope is determined functionally—protect the entitlements of parties to such sharing arrangements against each other's opportunistic attempts to grant conflicting entitlements to third parties. At the same time, the legal system uses a range of strategies to minimize the costs such protection imposes on third parties. The choice of strategy significantly affects co-owners’ freedom to customize their control-sharing arrangements. This theory is applied to give an account of the ‘proprietary foundations’ of corporate law, which has significant implications for the way in which the subject's functions are understood and evaluated. (shrink)

_Metaphysics: A Contemporary Introduction_ is for students who have already completed an introductory philosophy course and need a fresh look at the central topics in the core subject of metaphysics. It is essential reading for any student of the subject. This Fourth Edition is revised and updated and includes two new chapters on Parts and Wholes, and Metaphysical Indeterminacy or vagueness. This new edition also keeps the user-friendly format, the chapter overviews summarizing the main topics, concrete examples to clarify difficult (...) concepts, annotated further reading at the end of each chapter, endnotes, and a full bibliography. Topics addressed include: the problem of universals the nature of abstract entities the problem of individuation the nature of modality identity through time the nature of time the nature of parts and wholes the problem of metaphysical indeterminacy the Realism/anti-Realism debate. Wherever possible, Michael J. Loux and Thomas M. Crisp relate contemporary views to their classical sources in the history of philosophy. As experienced teachers of philosophy and important contributors to recent debates, Loux and Crisp are uniquely qualified to write this book. (shrink)

Michael J. Loux here presents a fresh reading of two of the most important books of the Metaphysics, Books Z and H, in which Aristotle presents his mature theory of primary substances. Focusing on the interplay of Aristotle's early and late views, Loux maintans that the later concept of ousia should be understood in terms of a theory of predication that carries interesting implications for contemporary metaphysics. Loux argues that in his first attempt in identifying ousiai in the Categories, (...) Aristotle encountered a set of ontological problems which he wrestled with again in Metaphysics Z and H. In the Categories, where the primary realities are basic subjects of predication construed in essentialist terms as things falling under natural kinds, familiar particulars are the primary ousiai. In subsequent works, Aristotle holds that since familiar particulars come into being and pass away, they must be composites of matter and form; and in Metaphysics Z and H, he explores the implications of this insight for the search for ousia. Maintaining that the substantial forms of familiar particulars are the primary ousiai, the later Aristotle interprets forms as predicable universals rather than as particulars, each uniquely possessed by a single object. (shrink)

In this essay I elaborate a particular, and particularly important, morality: the morality of human rights. Next, I ask the ground-of-normativity question about the morality of human rights and go on to elaborate a religious response. Then, after explaining why one might be skeptical that there is a plausible secular response to the ground-of-normativity question, I comment critically on John Finnis's secular response. Finally, I consider what difference it makes if there is no plausible secular response to the ground-of-normativity question.

These essays represent an important contribution to modern philosophical theology. They begin with an appreciation of Basil Mitchell's work and then discuss the role of reason in the justification of Christian theism, giving special attention to the nature of informal reasoning in religion and science. The latter essays examine particular arguments raised by specific religious concepts, covering such topics as the problem of evil, conspicuous sanctity, atonement, and the Eucharist. Drawn from a wide spectrum of philosophers and theologians, the contributors (...) include Maurice Wiles, Grace M. Jantzen, Gordon Kaufman, J.R. Lucas, Rom Harr'e, Richard Swinburne, and Michael Dummett. (shrink)

The idea that immoral behaviour can sometimes be admirable, and that moral behaviour can sometimes be less than admirable, has led several of its supporters to infer that moral considerations are not always overriding, contrary to what has been traditionally maintained. In this paper I shall challenge this inference. My purpose in doing so is to expose and acknowledge something that has been inadequately appreciated, namely, the moral aspect of nonmoral goods and evils. I hope thereby to show that, even (...) if immorality can be admirable, this poses no threat to morality. (shrink)

Every choice we make is set against a background of massive ignorance about our past, our future, our circumstances, and ourselves. Philosophers are divided on the moral significance of such ignorance. Some say that it has a direct impact on how we ought to behave - the question of what our moral obligations are; others deny this, claiming that it only affects how we ought to be judged in light of the behaviour in which we choose to engage - the (...) question of what responsibility we bear for our choices. Michael Zimmerman claims that our ignorance has an important bearing on both questions, and offers an account of moral obligation and moral responsibility that is sharply at odds with the prevailing wisdom. His book will be of interest to a wide range of readers in ethics. (shrink)

Michael J. Zimmerman explores whether and how our ignorance about ourselves and our circumstances affects what our moral obligations and moral rights are. He rejects objective and subjective views of the nature of moral obligation, and presents a new case for a 'prospective' view.

Is logic out of this world? This elusive question reveals a tension in our thinking about the basis of logic: both worldly and unworldly answers get something right and yet they conflict. My aim is to clarify the question and explore a conciliatory answer. I focus on a characterization of unworldliness in terms of ground. This allows for a distinction between proximal and distal unworldliness. That in turn reconfigures our approach to the question. It may now be taken as asking (...) for the proximal or the distal basis of logic. This helps alleviate the tension because the answer for the one needn’t conflict with a different answer for the other. I explore a case study culminating in an illustration of how a logical truth may indeed be proximally worldly but distally unworldly. I conclude by considering some potential extensions. (shrink)

This chapter discusses the nature of and relation between value and normativity. Words such as “good” and “bad” give expression to value, while words such as “right,” “wrong,” “ought,” and “reason” give expression to normativity. Some philosophers hold the view that value is to be understood in terms of normativity, others hold the view that normativity is to be understood in terms of value. This chapter examines both views, explaining how each is plausible and yet also problematic.

Gain-of-function research involves experimentation that aims or is expected to increase the transmissibility and/or virulence of pathogens. Such research, when conducted by responsible scientists, usually aims to improve understanding of disease causing agents, their interaction with human hosts, and/or their potential to cause pandemics. The ultimate objective of such research is to better inform public health and preparedness efforts and/or development of medical countermeasures. Despite these important potential benefits, GOF research can pose risks regarding biosecurity and biosafety. In 2014 the (...) administration of US President Barack Obama called for a “pause” on funding of GOF experiments involving influenza, SARS, and MERS viruses in particular. With announcement of this pause, the US Government launched a “deliberative process” regarding risks and benefits of GOFR to inform future funding decisions—and the US National Science Advisory Board for Biosecurity was tasked with making recommendations to the US Government on this matter. As part of this deliberative process the National Institutes of Health commissioned this Ethical Analysis White Paper, requesting that it provide review and summary of ethical literature on GOFR, identification and analysis of existing ethical and decision-making frameworks relevant to the evaluation of risks and benefits of GOFR, decision-making about the conduct of GOF studies, and the development of US policy regarding GOFR, and development of an ethical and decision-making framework that may be considered by NSABB when analyzing information provided by GOFR risk-benefit assessment, and when crafting its final recommendations. The ethical and decision-making framework ultimately developed is based on the idea that there are numerous ethically relevant dimensions upon which any given case of GOFR can fare better or worse : research imperative, proportionality, minimization of risks, manageability of risks, justice, good governance, evidence, and international outlook and engagement. Rather than drawing a sharp bright line between GOFR studies that are ethically acceptable and those that are ethically unacceptable, this framework is designed to indicate where any given study would fall on an ethical spectrum—where imaginable cases of GOFR might range from those that are most ethically acceptable, at one end of the spectrum, to those that are most ethically problematic or unacceptable, at the other. The aim should be that any GOFR pursued should be as far as possible towards the former end of the spectrum. (shrink)

The theme of the 2018 Spindel Conference was “Decolonizing Philosophy.” In this introduction, I will elaborate on this theme as a way to set the stage for the essays in this volume. Beginning with the question of what it means to consider philosophy “colonized” in the first place, I will focus on the subfield of the history of philosophy as a way to draw out my account. After elaborating what I take the claim that philosophy is colonized/colonizing to mean, I (...) will turn to ways one might approach its decolonization. Again, my principle focus will be on the history of philosophy, though I take my analysis to extend beyond this subfield. Finally, I will elaborate four key tasks that I take to be essential to the decolonization of philosophy. (shrink)

This paper criticizes the pragma-dialectical conception of a fallacy, according to which a fallacy is an argumentative speech act which violates one or more of the rules of 'rational discussion'. That conception is found to be neither a necessary nor a sufficient condition for committing a fallacy. It is also found wanting in several other respects.

Advances in science are the combined result of the efforts of a great many scientists, and in many cases, their willingness to share the products of their research. These products include data sets, both small and large, and unique research resources not commercially available, such as cell lines and software programs. The sharing of these resources enhances both the scope and the depth of research, while making more efficient use of time and money. However, sharing is not without costs, many (...) of which are borne by the individual who develops the research resource. Sharing, for example, reduces the uniqueness of the resources available to a scientist, potentially influencing the originator’s perceived productivity and ultimately his or her competitiveness for jobs, promotions, and grants. Nevertheless, for most researchers—particularly those using public funds—sharing is no longer optional but must be considered an obligation to science, the funding agency, and ultimately society at large. Most funding agencies, journals, and professional societies now require a researcher who has published work involving a unique resource to make that resource available to other investigators. Changes could be implemented to mitigate some of the costs. The creator of the resource could explore the possibility of collaborating with those who request it. In addition, institutions that employ and fund researchers could change their policies and practices to make sharing a more attractive and viable option. For example, when evaluating an individual’s productivity, institutions could provide credit for the impact a researcher has had on their field through the provision of their unique resources to other investigators, regardless of whether that impact is reflected in the researcher’s list of publications. In addition, increased funding for the development and maintenance of user-friendly public repositories for data and research resources would also help to reduce barriers to sharing by minimizing the time, effort, and funding needed by individual investigators to comply with requests for their unique resource. Indeed, sharing is an imperative, but it is also essential to find ways to protect for both the original owner of the resource and those wishing to share it. (shrink)

In this paper we discuss ethical implications of the use of mobile phone apps in the control of the COVID-19 pandemic. Contact tracing is a well-established feature of public health practice during infectious disease outbreaks and epidemics. However, the high proportion of pre-symptomatic transmission in COVID-19 means that standard contact tracing methods are too slow to stop the progression of infection through the population. To address this problem, many countries around the world have deployed or are developing mobile phone apps (...) capable of supporting instantaneous contact tracing. Informed by the on-going mapping of ‘proximity events’ these apps are intended both to inform public health policy and to provide alerts to individuals who have been in contact with a person with the infection. The proposed use of mobile phone data for ‘intelligent physical distancing’ in such contexts raises a number of important ethical questions. In our paper, we outline some ethical considerations that need to be addressed in any deployment of this kind of approach as part of a multidimensional public health response. We also, briefly, explore the implications for its use in future infectious disease outbreaks. (shrink)

This review essay examines Stephen Wolfe’s The Case for Christian Nationalism, focusing on his presentation of his book as a work of Christian political theory. His claims regarding national will and agency are analyzed, and problems with them are traced to his political theology and his methodological assumptions about Christian political theory. In place of those assumptions, Kuyper’s idea of architectonic critique is recommended as a more fruitful approach to Christian political theory in the Reformed tradition.

In _The Immorality of Punishment_ Michael Zimmerman argues forcefully that not only our current practice but indeed any practice of legal punishment is deeply morally repugnant, no matter how vile the behaviour that is its target. Despite the fact that it may be difficult to imagine a state functioning at all, let alone well, without having recourse to punishing those who break its laws, Zimmerman makes a timely and compelling case for the view that we must seek and put (...) into practice alternative means of preventing crime and promoting social stability. (shrink)

In this new work, political theorist Michael J. Thompson argues that modern societies are witnessing a decline in one of the core building blocks of modernity: the autonomous self. Far from being an illusion of the Enlightenment, Thompson contends that the individual is a defining feature of the project to build a modern democratic culture and polity. One of the central reasons for its demise in recent decades has been the emergence of what he calls the cybernetic society, a (...) cohesive totalization of the social logics of the institutional spheres of economy, culture and polity. These logics have been progressively defined by the imperatives of economic growth and technical-administrative management of labor and consumption, routinizing patterns of life, practices, and consciousness throughout the culture. Evolving out of the neoliberal transformation of economy and society since the 1980s, the cybernetic society has transformed how that the individual is articulated in contemporary society. Thompson examines the various pathologies of the self and consciousness that result from this form of socialization--such as hyper-reification, alienated moral cognition, false consciousness, and the withered ego--in new ways to demonstrate the extent of deformation of modern selfhood. Only with a more robust, more socially embedded concept of autonomy as critical agency can we begin to reconstruct the principles of democratic individuality and community. (shrink)

The proper role of religious faith in the public life of a liberal democracy is one of the most important and controversial issues in the United States today. Since the publication in 1991 of his book Love and Power, Michael J. Perry's important writings on this issue have been among the most insightful. In this new book, Perry argues that political reliance on religious faith violates neither the Establishment Clause of the United States Constitution nor, more broadly, the morality (...) of liberal democracy. Nonetheless, Perry argues, religious believers sometimes have good reasons to be wary about relying on religious beliefs in making political decisions. Along the way, Perry thoughtfully addresses three subjects at the center of fierce contemporary political debate: school vouchers, same-sex marriage, and abortion. (shrink)