In this eye-opening look at the doctor-patient decision-making process, physician and law professor Jay Katz examines the time-honored belief in the virtue of silent care and patient compliance. Historically, the doctor-patient relationship has been based on a one-way trust -- despite recent judicial attempts to give patients a greater voice through the doctrine of informed consent. Katz criticizes doctors for encouraging patients to relinquish their autonomy, and demonstrates the detrimental effect their silence has on good patient care. Seeing a growing (...) need in this age of medical science and sophisticated technology for more honest and complete communication between physician and patients, he advocates a new, informed dialogue that respects the rights and needs of both sides. In a new foreword to this edition of The Silent World of Doctor and Patient , Alexander Morgan Capron outlines the changes in medical ethics practice that have occurred since the book was first published in 1984, paying particular attention to the hotly debated issues of physician-assisted suicide and informed consent in managed care. (shrink)

For nearly two thousand years Buddhism has mystified and captivated both lay people and scholars alike. Seen alternately as a path to spiritual enlightenment, an system of ethical and moral rubrics, a cultural tradition, or simply a graceful philosophy of life, Buddhism has produced impassioned followers the world over. The Buddhist saint Nagarjuna, who lived in South India in approximately the first century CE, is undoubtedly the most important, influential, and widely studied Mahayana Buddhist philosopher. His many works include texts (...) addressed to lay audiences, letters of advice to kings, and a set of penetrating metaphysical and epistemological treatises. His greatest philosophical work, the Mulamadhyamikakarika--read and studied by philosophers in all major Buddhist schools of Tibet, China, Japan, and Korea--is one of the most influential works in the history of Indian philosophy. Now, in The Foundations of the Philosophy of the Middle Way, Jay L. Garfield provides a clear and and eminently readable translation of Nagarjuna's seminal work, offering those with little of no prior knowledge of Buddhist philosophy a view into the profound logic of the Mulamadhyamikakarika. Translated from the Tibetan, the tradition through which Nagarjuna's philosophical influence has largely been transmitted, Garfield presents a superb translation of Mulamadhyamikakarika in its entirety. Illuminating the systematic character of Nagarjuna's reasoning, as well as the works profundity, Garfield shows how Nagarjuna develops his doctrine that all phenomena are empty of inherent existence and essenceless. But, he argues, phenomena nonetheless exist conventionaly, and that indeed conventional existence and ultimate emptiness are in fact the same thing. This represents the radical understanding of the Buddhist doctrine of the two truths, or two levels of reality. Nagarjuna reinterprets all of Buddhist metaphysics and epistemology through this analytical framework--"a systematic and beautifully elegant philosophical dissection of reality." In turn, Garfield goes on to offer the only verse-by-verse commentary based upon the Indo-Tibetan Prasangika-Madhyamika reading of Nagarjuna, the school most influential in the development of Mahayana philosophy in Tibet, China, Korea, and Japan. Written specifically for the Western reader, the commentary explains Nagarjuna's positions and arguments in the language of Western metaphysics and epistemology, and connects Nagarjuna's concerns tho those of Western philosophers such as Sextus, Hume, and Wittgenstein. A fascinating and accessible translation of the foundational text for all Mahayana Buddhism text, The Fundamental Wisdom of the Middle Way will enlighten all those in search of the essence of reality. (shrink)

Achieving genuine engagement and understanding between communities with radically divergent worldviews is challenging. If there is no common ground on which to stand and have a discussion, the likely outcomes of an apparent intercultural disagreement are a stalemate, or the (sometimes colonialist) imposition of a single worldview, or a kind of relativistic tolerance that falls short of genuine engagement. In this paper, we suggest a way forward that takes as its starting point the philosophical discussion of deep disagreement, using the (...) example of taniwha (powerful water beings that must be treated with respect) to outline a strategy for building intercultural understanding and enabling constructive intercultural dialogue. (shrink)

The current study uses a sensemaking model and thinking strategies identified in earlier research to examine ethical decision making. Using a sample of 163 undergraduates, a low-fidelity simulation approach is used to study the effects personal involvement (in causing the problem and personal involvement in experiencing the outcomes of the problem) could have on the use of cognitive reasoning strategies that have been shown to promote ethical decision making. A mediated model is presented which suggests that environmental factors influence reasoning (...) strategies, reasoning strategies influence sensemaking, and sensemaking in turn influences ethical decision making. Findings were mixed but generally supported the hypothesized model. It is interesting to note that framing the outcomes of ethically charged situations in terms of more global organizational outcomes rather than personal outcomes was found to promote the use of pro-ethical cognitive reasoning strategies. (shrink)

Previous studies substantiate that religious social norms influence individual and organizational decisions. Using debt financing settings, we examine whether a firm’s religious environment influences outside parties’ perceptions in contracting with the firm. We document that firms located in the more religious areas use less debt financing and receive better credit ratings. Bond investors require lower yields and impose fewer covenants on such firms. Using the 2002 revelation of sex abuse by Catholic priests as an exogenous shock, we verify that these (...) findings are not driven by endogeneity issues. Our study highlights the role of social norms in financial transactions. (shrink)

In this paper, I will discuss the relevance of epistemology of disagreement to political disagreement. The two major positions in the epistemology of disagreement literature are the steadfast and the conciliationist approaches: while the conciliationist says that disagreement with one’s epistemic equals should compel one to epistemically “split the difference” with those peers, the steadfast approach claims that one can maintain one’s antecedent position even in the face of such peer disagreement. Martin Ebeling applies a conciliationist approach to democratic deliberations, (...) arguing that deliberative participants ought to pursue full epistemic conciliation when disagreeing with their peers on political questions. I argue that this epistemic “splitting the difference” could make participants vulnerable to certain cognitive biases. We might avoid these biases by paying more attention to the deliberative environment in which disagreement takes place. (shrink)

Force Fields collects the recent essays of Martin Jay, an intellectual historian and cultural critic internationally known for his extensive work on the history of Western Marxism and the intellectual migration from Germany to America.

Did Plato see something that Aristotle missed? According to a familiar narrative, Plato regarded literature as dangerous to the aims of philosophy, and he accordingly exiled the poets from his ideal republic. By contrast, Aristotle is supposed to have reconciled literature and philosophy, not only through his appreciative account of epic and tragedy in the Poetics but also through his invocations of literary examples at crucial junctures elsewhere in his corpus, for example his use of the Trojan legend of Priam (...) in the Nicomachean Ethics. (shrink)

Owen Flanagan has recently argued for the claim that "the overall spirit--of Quine's philosophy warrants [a]--robust, realistic, and cognitivist picture of ethics." I believe that Flanagan's interpretation of Quine's philosophy is mistaken. Specifically, I argue that the overall spirit of Quine's philosophy, especially his treatment of cognitive meaning, warrants a noncognitivist and thus antirealist account of normative ethics My argument helps explain what Quine means when he wrote that ethics is methodologically infirm as compared to science.

In this commentary, we offer an additional function of rationalization. Namely, in certain social contexts, the proximal and ultimate function of beliefs and desires is social inclusion. In such contexts, rationalization often facilitates distortion of rather than approximation to truth. Understanding the role of social identity is not only timely and important, but also critical to fully understand the function of rationalization.

This paper examines several decision-making models that have been proposed to limit the use of CPR for COVID-19 patients. My main concern will be to assess proposals for the implementation of unilateral DNRs — i.e., orders to withhold CPR without the agreement of patients or their surrogates.

This book is a defence of perspectivism in the age of post-truth. At the crossroads of science, art and philosophy, it unearths a tradition that we must rediscover: the point of view is not only what divides, it is also what is shared. The book makes a case why perspectivism alone can avoid us falling back into epistemological naivetés. It presents a series of case studies ranging from innovative interpretations of classical authors and key moments in the history of art—from (...) ancient painting, trompe l’oeil, and Brunelleschi’s experiment in Renaissance Florence—to the issue of perspective in the work of contemporary artists such as Robert Smithson. (shrink)

The college athletics environment within the USA is ethically complex and often controversial. From an academic standpoint, athletes are often viewed as a privileged class receiving undue benefit. Yet closer inspection reveals that student athletes are at risk psychologically, physically, and intellectually in ways that undermine development and flourishing. This reality stands in troubling contrast to the prosocial, virtue-based goals expressed by university mission statements. Given the role of sport in many university business models, college athletics invites scrutiny from a (...) business ethics standpoint. Using a humanistic leadership perspective (Pirson in: Humanistic management: protecting dignity and promoting well-being, Cambridge University Press, Cambridge, 2017), we organize our analysis around three challenges facing the college athletics system: (1) navigating the tension between claiming college athletes are amateurs rather than professionals; (2) defining the ethical edge between winning and winning fairly; and (3) moderating the insatiable drive to win while protecting student athlete well-being. We then articulate three strategies for successfully addressing these challenges: leadership role modeling, putting structural supports in place and holding people accountable. We argue that humanistic leadership and a ‘balanced motivational drive mindset’ (Lawrence and Nohria in: J Bus Ethics 128:383–394, 2002, https://doi.org/10.1007/s10551-014-2090-2 ; Pirson 2017) could help move college athletics from an economistic model toward a more humanistic model that prioritizes the dignity and well-being of its participants, particularly student athletes. (shrink)

Weise and Daly (2014) provide a useful spectrum of accountability of the clinical ethics consultant (CEC), ranging from restricted to unbounded. They argue for a position chiseled out in the middle...

The concept of wrongful birth, which is based on the premise that a person would have been better off never having been born, is a serious mat­ter for Catholic obstetricians, especially in the context of prenatal screening. This principle, in conjuncture with the belief that individuals with disabilities have a decreased quality of life, has been used to promote a eugenic mentality. Consequently, prenatal screening tests often are used to identify fetuses with disabilities, who subsequently are aborted. Not only is (...) this practice ethically reprehensible, but its presuppositions about quality of life find little support in the medical literature. In fact, in the case of Down syndrome, there is consider­able evidence to the contrary: individuals living with Down syndrome have a high quality of life and are accepted by their families. These data illuminate the discrepancy between how physicians portray Down syndrome to expect­ant parents and what the literature shows regarding this condition. (shrink)

The authors respond to a recent consensus statement on maternal–fetal vital conflicts. Sound ethical analysis must depend on accurate medical facts, but there appear to be inconsistencies in the medical analysis. The consensus statement says that the specific threat to the health of the mother immediately subsides following detachment of the placenta from the uterus. The authors refute this assertion, since death from peripartum cardiomyopathy may occur months to years following delivery of the neonate or following termination. The authors assert (...) further that the placenta is an organ of the fetus and that any act on the placenta is a direct act on the fetus itself. National Catholic Bioethics Quarterly 15.1 : 31–37. (shrink)

Teaching the nuances of ethical decision making is particularly challenging in fully online, asynchronous courses where real-time discussion is not an option. Digital simulations, in the context of an integrative online ethics course, can offer applied learning and assessment experiences. However, scholarship on the impact of digital simulations for teaching ethical decision making is limited. The purpose of this study is to explore whether digital simulation used as an assessment for ethical reasoning and complex decision making is effective in helping (...) business students heighten their awareness of values in tension and discern ethical paths to resolution. We conduct an exploratory analysis of two ethics simulations used in teaching nine graduate business ethics classes offered in an asynchronous, online format. We discuss the results in terms of the Markkula Center for Applied Ethics’ five-step ethical decision making framework and outline implications for teaching and future research on business ethics simulations. (shrink)

“Would you like to contribute to XYZ charity by adding a dollar to your bill today?” Point-of-sale campaigns for fundraising are common to grocery stores, pharmacies, restaurants and warehouse clubs. Commonly referred to as ‘checkout charity,’ these fundraisers have generated over $4.1 billion in contributions for nonprofits over the past three decades. Yet little research has focused on the ethicality of this type of campaign. To address this need, we analyze the issue using behavioral ethics and normative theory. We consider (...) three stakeholder perspectives, including the nonprofit initiating the campaign, the business hosting the campaign, and the donor. Often ethical theories are seen as competing for primacy rather than being complementary perspectives in choosing the best action. We demonstrate that ethical discernment results in a richer analysis when consulting multiple frameworks. The purpose of this paper is to provide a set of ethical considerations for individuals to draw upon when devising and donating to checkout charity campaigns. This analysis will serve as a conceptual resource for scholars, practitioners, and students of nonprofit and for-profit management. (shrink)

As a philosophical scholar of phenomenology, literature, art, and philosophy of the social sciences and humanities, John O’Neill’s (1933–2022) writings are translated into Chinese. As a sociological translator of Maurice Merleau-Ponty (1908–1961), O’Neill’s five phenomenal bodies culminate in the communicative body as an intermingling of material and spiritual relations. I distill by own version of three phenomenal bodies that I call the East Asian communicative body. This essay traces the communicative body through horizontal and vertical phenomenology on the way to (...) Merleau-Ponty’s brief interaction with Chinese philosophy. (shrink)

A previous research ethics article by the authors provided evidence to support the claim that the New Zealand Ethics Committee (NZEC) was a powerless ethics committee. Ethics review applicants were not formally obliged to seek ethics review, and any committee recommendations were given on a ‘take it or leave it’ basis. One year later, the capacity of applications has doubled, and NZEC finds its core assumptions challenged as funders and government agencies now compel contracted researchers to make use of this (...) free service. Moreover, NZEC has expanded into research areas inhabited by market researchers, long shy of ethics review. Review requirements and remit expansion challenges some, but not all, aspects of NZEC’s assumption of powerlessness as NZEC remains committed to research ethics, not research governance, and it adheres to the principles of the New Brunswick Declaration to respect applicants the same way it expects applicants to respect participants. This annual survey of applicants makes NZEC accountable to its applicants, providing evidence once more that NZEC’s expeditious and cordial review of applications is considered different from traditional ethics review. (shrink)

This article utilizes a political system framework to trace the political sources of business risk stemming from the unfolding HIV/AIDS generalized epidemic in South Africa. The article integrates relevant dimensions of the fields of international business and political science to facilitate the assessment of such risks for firms. Risk formation and updating is a sequential process. The conditions from which business risk emerges, the politicization of the generalized (i.e., widespread) epidemic through boundary-crossing activities, and “inputs” are explored. The transformation of (...) HIV/AIDS from an epidemic to a business threat is underscored by the South African government’s tendency to view the issue as part of the public agenda rather than part of its formal agenda. Governmental inaction, as well as action, led to an array of risks for firms operating in South Africa (e.g., operations, asset impairment, competitive, franchise). Mitigating strategies for managers are discussed, including avoidance, offsetting, transference, sharing, remedy, and anticipation. (shrink)