In this book by the award-winning author of Just Healthcare, Norman Daniels develops a comprehensive theory of justice for health that answers three key questions: what is the special moral importance of health? When are health inequalities unjust? How can we meet health needs fairly when we cannot meet them all? Daniels' theory has implications for national and global health policy: can we meet health needs fairly in ageing societies? Or protect health in the workplace while respecting individual (...) liberty? Or meet professional obligations and obligations of justice without conflict? When is an effort to reduce health disparities, or to set priorities in realising a human right to health, fair? What do richer, healthier societies owe poorer, sicker societies? Just Health: Meeting Health Needs Fairly explores the many ways that social justice is good for the health of populations in developed and developing countries. (shrink)

How should medical services be distributed within society? Who should pay for them? Is it right that large amounts should be spent on sophisticated technology and expensive operations, or would the resources be better employed in, for instance, less costly preventive measures? These and others are the questions addreses in this book. Norman Daniels examines some of the dilemmas thrown up by conflicting demands for medical attention, and goes on to advance a theory of justice in the distribution of (...) health care. The central argument is that health care, both preventive and acute, has a crucial effect on equality of opportunity, and that a principle guaranteeing equality of opportunity must underly the distribution of health-care services. Access to care, preventive measures, treatment of the elderly, and the obligations of doctors and medical administrations are fully discussed, and the theory is shown to underwrite various practical policies in the area. (shrink)

The treatment-enhancement distinction draws a line between services or interventions meant to prevent or cure conditions that we view as diseases or disabilities and interventions that improve a condition that we view as a normal function or feature of members of our species. The line drawn here is widely appealed to in medical practice and medical insurance contexts, as well as in our everyday thinking about the medical services we do and should assist people in obtaining.

We all have beliefs, even strong convictions, about what is just and fair in our social arrangements. How should these beliefs and the theories of justice that incorporate them guide our thinking about practical matters of justice? This wide-ranging collection of essays by one of the foremost medical ethicists in the USA explores the claim that justification in ethics, whether of matters of theory or practice, involves achieving coherence between our moral and non-moral beliefs. Amongst the practical issues addressed in (...) the volume are the design of health-care institutions, the distribution of goods between the old and the young, and fairness in hiring and firing. In combining ethical theory and practical ethics this volume will prove especially valuable to philosophers concerned with ethics and applied ethics, political theorists, bioethicists, and others involved in the study of public policy. (shrink)

Hegel’s view of India is famously negative, and postcolonial scholarship has been largely dominated by a view of Hegel as little more than a chauvinist. This paper argues that this interpretation is one-sided and overly simplistic. Most approaches to Hegel on India focus on the well-known lectures on the philosophy of history, imposing an overly teleological reading upon Hegel’s view of cultural difference. In contrast, I demonstrate the ambiguity of Hegel’s conception of India through a close reading of Hegel’s little-known (...) essay on the Bhagavad-Gītā (Über die unter dem Namen Bhagavad-Gita bekannte Episode des Mahabharata von Wilhelm von Humboldt). Hegel believed that the Bhagavad-Gītā was India’s paradigmatic text, and he used this essay as a platform for discussing Indian thought in general. In distinction to Bradley Herling’s interpretation of the Gītā essay, I contend that here Hegel has an unexpectedly positive view of Indian thought, but only insofar as it appears to reflect his own. (shrink)

Law in between facts and norms -- Law in the postnational constellation -- Situating the debate between Habermas and Hart -- Establishing institutions -- The variety of legal systems -- Relations between legal systems -- The quest for normative foundations -- Conceiving general jurisprudence.

Healthcare (including public health) is special because it protects normal functioning, which in turn protects the range of opportunities open to individuals. I extend this account in two ways. First, since the distribution of goods other than healthcare affect population health and its distribution, I claim that Rawls's principles of justice describe a fair distribution of the social determinants of health, giving a partial account of when health inequalities are unjust. Second, I supplement a principled account of justice for health (...) and healthcare with an account of fair process for setting limits or rationing care. This account is provided by three conditions that comprise "accountability for reasonableness.". (shrink)

Monarchy is liberalism’s little secret. Given the number of articles and books appearing every year dealing with liberal democracy as the hallmark of contemporary Western societies, it is astonishing that monarchy is rarely ever mentioned despite the fact that monarchy, and not a republic, is the constitutional form of quite a number of Western liberal states. I argue that considering the political reality of the established monarchies in Europe leads into a dilemma: either contemporary liberalism is not the kind of (...) theory it claims to be or it has to reconsider its central tenets. In conclusion, I show that the dilemma cannot be solved or avoided but needs to be embraced by conceiving liberalism not as a applied moral theory but as a political theory that leaves room for various symbolic self-understandings and acknowledges the crooked timber of historical realities. (shrink)

Endurantists have recently faced a mereological puzzle in various forms. Here I argue that, instead of presenting a genuine worry, the puzzle actually reveals a common misunderstanding about the endurantist ontology. Furthermore, through this discussion of the alleged problem and the misunderstanding which motivates it, I reveal metaphysical commitments the endurantist has that may not be widely recognized. For instance, she is committed to interesting and perhaps controversial views about shape and location. I highlight these commitments and what they mean (...) for the endurantist. (shrink)

Many societies, and nearly all wealthy, developed countries, provide universal access to a broad range of public health and personal medical services. Is such access to health care a requirement of social justice, or is it simply a matter of social policy that some countries adopt and others do not? If it is a requirement of social justice, we should be clear about what kinds of care we owe people and how we determine what care is owed if we cannot (...) possibly meet every health need, as arguably no society can. We should be clear about what constitutes appropriate access to that care, given that there are diverse barriers to access. We must also be able to say why we owe these things as a matter of justice, and, of course, different accounts of social justice will bake and serve this cake in different ways. (shrink)

Name der Zeitschrift: Deutsche Zeitschrift für Philosophie Jahrgang: 65 Heft: 4 Seiten: 689-691.

By entering the medical profession, physicians have consented to accept a standard level of risk of infection. In most instances, the risk of contracting HIV does not exceed this level.

Although Kant disapproved of war, he asserted it was sublime. His views of war are disconnected and in places surprisingly positive, but he avoids grappling with their implications. This article analyses these heterogeneous discussions through Kant’s notion of the sublime to argue that some of his statements imply war’s sublimity can provoke an educated public into forming an international federation: the power to keep all in awe in Kant’s interpretation of international foundation is not the Hobbesean sovereign or a coercive (...) international government, but reflection on war itself. Kant’s ideas about sublime warfare are internally contradictory. Although they are valuable as an encouragement to work toward peace, working toward peace in actual fact may have unintended results. (shrink)

Mereological challenges have recently been raised against the endurantist. For instance, Barker and Dowe (2003) have argued that eternalist endurantism entails (1) persisting objects are both 3D and 4D, and that (2) the lives of persisting objects last longer than they actually do. They also argue that presentist endurantism also entails, albeit in a tensed way, that (3) the lives of persisting objects last longer than they actually do. While they’ve further argued (2005) that the objections raised by McDaniel (2003) (...) and Beebee and Rush (2003) fail, here I show that such objections are tenable without requiring further significant metaphysical commitments; I argue that such endurantist defences are tenable, contra to prior analyses. (shrink)

Chapter I: The Geometry of Visibles 1 . The N on- Euclidean Geometry of Visibles In the chapter "The Geometry of Visibles" in Inquiry into the Human Mind, ...

Nietzsche's philosophy - at once revolutionary, erudite and deep - reaches into all spheres of the arts. Well into a second century of influence, the profundity of his ideas and the complexity of his writings still determine Nietzsche's power to engage his readers. His first book, "The Birth of Tragedy", presents us with a lively inquiry into the existential meaning of Greek tragedy. We are confronted with the idea that the awful truth of our existence can be revealed through tragic (...) art, whereby our relationship to the world transfigures from pessimistic despair into sublime elation and affirmation. It is a landmark text in his oeuvre and remains an important book both for newcomers to Nietzsche and those wishing to enrich their appreciation of his mature writings. "Nietzsche and The Birth of Tragedy" provides a clear account of the text and explores the philosophical, literary and historical influences bearing upon it. Each chapter examines part of the text, explaining the ideas presented and assessing relevant scholarly points of interpretation. The book will be an invaluable guide to readers in Philosophy, Literary Studies and Classics coming to "The Birth of Tragedy" for the first time. (shrink)

Independently of any eighteenth century work on the geometry of parallels, Thomas Reid discovered the non-euclidean "geometry of visibles" in 1764. Reid's construction uses an idealized eye, incapable of making distance discriminations, to specify operationally a two dimensional visible space and a set of objects, the visibles. Reid offers sample theorems for his doubly elliptical geometry and proposes a natural model, the surface of the sphere. His construction draws on eighteenth century theory of vision for some of its technical features (...) and is motivated by Reid's desire to defend realism against Berkeley's idealist treatment of visual space. (shrink)

The central idea behind this book is that we lack consensus on principles for allocating medical resources, and in the absence of such a consensus we must develop and rely on a fair decision-making process for setting limits on health care. The authors provide an analysis of the current situation, reviewing typical solutions, before describing their own approach. The audience for the book is global since the problem of limited resources cuts across all types of health care systems whether or (...) not they have universal coverage. -/- In its first edition Setting Limits Fairly stimulated considerable work on setting priorities in health care. The second edition includes a new chapter on the international response to accountability for reasonableness and two new chapters on applications of the approach in developing countries and in human rights approaches to health. (shrink)

Disturbing international inequalities in health abound. Life expectancy in Swaziland is half that in Japan. A child unfortunate enough to be born in Angola has 73 times as great a chance of dying before age 5 as a child born in Norway. A mother giving birth in southern sub-Saharan Africa has 100 times as great a chance of dying from her labor as one birthing in an industrialized country. For every mile one travels outward toward the Maryland suburbs from downtown (...) Washington, DC on its underground rail system, life expectancy rises by a year – reflecting the race and class inequities in American health. Are the glaring, even larger, international health inequalities also unjust? -/- All of us no doubt think they are grossly unfortunate. Many of us think they are unfair or unjust. Why should some people be at such a health disadvantage through no fault of their own, losers in a natural and social lottery assigning them birth in an unhealthy place? Others of us are troubled by the absence of the kinds of human relationships that ordinarily give rise to the claims of egalitarian justice that we make on each other – for example, being fellow citizens or even interacting in a cooperative scheme. Who has obligations of justice to reduce these international inequalities? And do those obligations hold regardless of how the inequalities came about? What institutions are accountable for addressing them? (shrink)