Much legal research focuses on understanding how judicial decision-makers exercise their discretion. In this paper we examine the notion of legal or judicial discretion, and weaker and stronger forms of discretion. At all times our goal is to build cognitive models of the exercise of discretion, with a view to building computer software to model and primarily support decision-making. We observe that discretionary decision-making can best be modeled using three independent axes: bounded and unbounded, defined and undefined, and binary and (...) continuous. Examples of legal tasks are given from each of the eight ensuing octants and we conclude by saying what this model shows about current legal trends. We should stress that our taxonomy has been based on our observations of how discretionary legal decisions are made. No claim is made that our model is either complete (providing advice in every domain) or exact, but it does help knowledge engineers construct legal decision support systems in discretionary domains. (shrink)

This paper considers the problem of how to evaluate an offender’s criminal record. This evaluation is part of the sentencing process carried out by a judge, and may be complicated in the case of offenders with a heavy record. We give a comprehensive overview of the approach to an offender’s past record in various (Western) countries, considering the two major approaches: desert-based and utilitarian. The paper describes the determination of the parameters involved in the evaluation, and the construction of a (...) decision support system to be used by a judge about to pass sentence in a criminal case. The system may be used as a stand-alone system, but can also be integrated as a component of a general sentencing support system, e.g. a statistical sentencing information system. The system is a knowledge-based system. The knowledge base (in rule-form) was created primarily by eliciting knowledge from experts (judges, lawyers, academics and probation officers), but also by applying statutory law, case law and legal authoritative texts. It is flexible in the sense, that a user can introduce his1 own preferences (expressed as numerical coefficients) and thereby apply different sentencing principles. The prototype is at present undergoing testing by some of the participating judges. (shrink)

: This article considers what contribution the work of John Rawls can make to questions about animal ethics. It argues that there are more normative resources in A Theory of Justice for a concern with animal welfare than some of Rawls's critics acknowledge. However, the move from A Theory of Justice to Political Liberalism sees a depletion of normative resources in Rawlsian thought for addressing animal ethics. The article concludes by endorsing the implication of A Theory of Justice that we (...) look for ways other than rights discourse to respect and protect the well-being of animals. (shrink)

This book provides an analysis of the debate surrounding cultural diversity, and attempts to reconcile the seemingly opposing views of "ethical imperialism," the belief that each individual is entitled to fundamental human rights, and cultural relativism, the belief that ethics must be relative to particular cultures and societies. The author examines the role of cultural tradition, often used as a defense against critical ethical judgments. Key issues in health and medicine are explored in the context of cultural diversity: the physician-patient (...) relationship, disclosing a diagnosis of a fatal illness, informed consent, brain death and organ transplantation, rituals surrounding birth and death, female genital mutilation, sex selection of offspring, fertility regulation, and biomedical research involving human subjects. Among the conclusions the author reaches are that ethical universals exist, but must not be confused with ethical absolutes. The existence of ethical universals is compatible with a variety of culturally relative interpretations, and some rights related to medicine and health care should be considered human rights. Illustrative examples are drawn from the author's experiences serving on international ethical review committees and her travels to countries in Africa, Asia, and Latin America, where she conducted educational workshops and carried out out her own research. (shrink)

This article examines the attempts by John Rawls in the works published after Political Liberalism to engage with some of the feminist responses to his work. Rawls goes a long way toward addressing some of the major feministliberal concerns. Yet this has the unintended consequence of pushing justice as fairness in the direction of a more comprehensive, rather than a strictly political, form of liberalism. This does not seem to be a problem peculiar to Rawls: rather, any form of liberalism (...) hospitable to feminist concerns must be, at the very least, a partly comprehensive, rather than a strictly political, doctrine. (shrink)

This paper examines Nietzsche's views on love and marriage in the works of his middle period. Contrary to the general consensus in the secondary literature regarding Nietzsche's ideas on these matters, it shows that he offers several positive reflections on love and marriage. Indeed, at times he accepts that friendship is possible between the genders and even models marriage on friendship. Modelling marriage on friendship creates an overlap between Nietzsche's thought and that of John Stuart Mill and Harriet Taylor. However, (...) it is argued here that, albeit for different reasons, none of these visions of marriage as friendship succeeds in fully accommodating sexuality. (shrink)

Questioning the usual judgements of political ethics, Ruth W. Grant argues that hypocrisy can actually be constructive while strictly principled behavior can be destructive. _Hypocrisy and Integrity_ offers a new conceptual framework that clarifies the differences between idealism and fanaticism while it uncovers the moral limits of compromise. "Exciting and provocative.... Grant's work is to be highly recommended, offering a fresh reading of Rousseau and Machiavelli as well as presenting a penetrating analysis of hypocrisy and integrity."—Ronald J. Terchek, _American (...) Political Science Review_ "A great refreshment.... With liberalism's best interests at heart, Grant seeks to make available a better understanding of the limits of reason in politics."—Peter Berkowitz, _New Republic_. (shrink)

One of the major purposes of this article is to show that friendship was one of Nietzsche's central concerns and that he shared Aristotle's belief that it takes higher and lower forms. Yet Nietzsche's interest in friendship is overlooked in much of the secondary literature. An important reason for this is that this interest is most evident in the works of his middle period, and these tend to be neglected in commentaries on Nietzsche. In the works of the middle period, (...) Nietzsche suggests that there is a close connection between friendship and selfhood, contending that an individual's friendships reflect something about his or her identity. Following Aristotle, he believes that friendship can make a significant contribution to self-knowledge and self-improvement, which are both closely associated with his notion of self-overcoming. Nietzsche encourages individuals to adopt an aesthetic approach to the self: they should refashion themselves by consolidating their strengths, minimising their weaknesses and developing themselves in new directions. The works of the middle period suggest, however, that not only can friendship foster self-overcoming, but that the talent for friendship is one of the marks of a higher human being. Recognising this requires some reconsideration of Nietzsche's putative individualism and the belief that he holds great individuals to be utterly independent and indifferent to the judgements of others. It also requires a revision of the common interpretation that he is unremittingly sceptical about pity and other forms of fellow-feeling. Yet while Nietzsche generalises about friendship in the works of the middle period and contrasts its superior and inferior forms, he remains sensitive to its particularity. He never adopts a wholly formulaic approach to this relationship, but recognises that difference and responsiveness to particularity are among its central characteristics. (shrink)

In this major new work by one of the leading writers on Utopian Studies, Ruth Levitas argues that a prospective future of ecological and economic crises poses a challenge to the utopian imaginary, to conceive a better world and alternative future. Utopia as Method does not construe utopia as goal or blueprint, but as a holistic, reflexive method for developing what those possible futures might be. It begins by treating utopia as the quest for grace, through a hermeneutics that (...) recovers the utopian meaning in our culture, explored through colour and music. Moving from the existential to the social, it draws on H.G. Wells's claim that the creation of utopias is the distinctive and proper method of sociology, and on the tentative reappearance of utopia in contemporary social theory. It proposes a constructive method, the Imaginary Reconstitution of Society. This fusion of explicitly normative social theory and analytic critique rehabilitates utopia as an integral part of sociology, and offers a means of collective engagement in shaping a better tomorrow."--Publisher's description. (shrink)

The human imagination remains one of the last uncharted terrains of the mind. People often imagine how events might have turned out something had been different. The of reality, those aspects more readily changed, indicate that counterfactual thoughts are guided by the same principles as rational thoughts. In the past, rationality and imagination have been viewed as opposites. But research has shown that rational thought is more imaginative than cognitive scientists had supposed. In The Rational Imagination, I argue that imaginative (...) thought is more rational than scientists have imagined. People exhibit remarkable similarities in the sorts of things they change in their mental representation of reality when they imagine how the facts could have turned out differently. For example, they tend to imagine alternatives to actions rather than inactions, events within their control rather than those beyond their control, and socially unacceptable events rather than acceptable ones. Their thoughts about how an event might have turned out differently lead them to judge that a strong causal relation exists between an antecedent event and the outcome, and their thoughts about how an event might have turned out the same lead them to judge that a weaker causal relation exists. In a simple temporal sequence, people tend to imagine alternatives to the most recent event. The central claim in the book is that counterfactual thoughts are organised along the same principles as rational thought. The idea that the counterfactual imagination is rational depends on three steps: (1) humans are capable of rational thought; (2) they make inferences by thinking about possibilities; and (3) their counterfactual thoughts rely on thinking about possibilities, just as rational thoughts do. The sorts of possibilities that people envisage explain the mutability of certain aspects of mental representations and the immutability of other aspects. (shrink)

Despite its centrality for an understanding of Nietzsche's thought, the term ressentiment does not appear in his writings before Beyond Good and Evil. This article argues that the roots of the idea of ressentiment appear in his middle period writings when he discusses vanity [die Eitelkeit].

The criteria for determining what it is to do good medical ethics are the quality of ethical analysis and ethical justifications for decisions and actions. Justifications for decisions and actions rely on ethical principles, be they the ‘famous four’ or subsidiary ethical principles relevant to specific contexts. Examples from clinical ethics, research ethics and public health ethics reveal that even when not stated explicitly, principles are involved in ethical justifications. Principles may come into conflict, however, and the resolution of an (...) ethical dilemma requires providing good reasons for preferring one principle over another. (shrink)

Charles Taylor's work has recently taken a religious turn, with Taylor becoming more explicit about his own religious faith and its influence on his thinking. Ian Fraser offers a systematic, critical exploration of the nature of Taylor's Catholicism as it appears in his writings. This reply to Fraser endorses his belief in the importance of looking carefully at Taylor's religious views. However, it raises doubts about some of Fraser's particular arguments and conclusions, and aims to foster a clearer understanding of (...) Taylor's religious beliefs. It poses questions for Fraser about what Taylor is setting out to do in A Catholic Modernity?; why he invokes the figure of Matteo Ricci; whether he believes that acts of practical benevolence are impossible without a religious foundation; and whether his religiously-inspired pluralism suffers an inherent contradiction. (shrink)

Friedrich Nietzsche is typically seen as a radical critic of the western philosophical tradition. This article considers why this image is so widely accepted. It argues that part of the reason for its acceptance is that Nietzsche paints a picture of himself as the independent, radical innovator in his later writings. If we look at the works of the middle period, we find that by contrast, he repeatedly situates himself within wider traditions and discusses what he has learned from them.

Just as he points to the power of egoism, so Friedrich Nietzsche is notorious for being a critic of pity. This chapter explores the dangers he detects in pity and its cognate emotions such as sympathy, empathy, and benevolence, in the middle period writings. The commonplace view that Nietzsche holds all such drives in contempt is questioned by a careful study of the middle period’s more nuanced portrayals of these emotions. While Nietzsche condemns the Christian-inspired morality of pity, he does (...) not see all manifestations of fellow-feeling as base or spurious. The influence of La Rochefoucauld’s analysis of pity is discussed, and Nietzsche’s reflections of how to react to the suffering of a friend are also explored. (shrink)

Where we once spoke in military terms, we now often wield the language of the market: health care is a “product” and we are its “providers” and “consumers.” The market metaphor constrains in various ways our vision of the goals we pursue in making health policy, of the options available to us in pursuing them, indeed—because policy implies a certain view of moral agency—of the way we relate to each other.

Neither the George Washington University embryo splitting experiment nor the technique of embryo splitting itself has ethical flaws. The experiment harmed or wronged no one, and the investigators followed intramural review procedures for the experiment, although some might fault them for failing to seek extramural consultation or for not waiting until national guidelines for research on preembryos were developed. Ethical objections to such cloning on the basis of possible loss of individuality, possible lessening of individual worth, and concern about potential (...) harm to the resulting children are discussed and challenged, as are objections to the creation of embryos for the purpose of genetic diagnosis. Many of the ethical questions raised by the George Washington experiment are similar to those posed by existing reproductive technologies that allow the simultaneous production of several embryos. A multidisciplinary group should consider whether regulation of cloning is needed, and laws should be enacted to prohibit a commercial market for all frozen embryos. (shrink)

Lifelong learning is something which one does for oneself that no one else can do for one: it is a public and personal human activity, rather than private or individualistic. One of the features of the education system is the paucity of a language for learning as process and participative experience. Personalised learning requires a sense of the worth-whileness of 'being a learner' - a virtue in the 21st century. A sense of one's own worth as a person is essential (...) to understanding one's identity as a learner. Research suggests the human capacity to learn can be understood as a form of consciousness which is characterised by particular values, attitudes and dispositions, with a lateral and a temporal connectivity. This 'consciousness' has several dimensions which are all related to becoming a person, with a learning identity. They also enable the learner to become aware of and appropriate what is of worth and map onto the sorts of core values that learning communities espouse. Awareness of self and of one's own worth as a person is a necessary condition for 'becoming a learner' and for identifying and engaging with 'what is of worth'. Furthermore, a sense of self as a learner is formed in relationship, and understood as one learns to tell one's own story, as a participant in the conversation of the learning community. Character is the way in which we refer to that quality of personhood in which there is rooted the capacity to change and learn over time. (shrink)

(2000). For Utopia: The (limits of the) Utopian function in late capitalist society. Critical Review of International Social and Political Philosophy: Vol. 3, The Philosophy of Utopia, pp. 25-43.

This introductory article discusses the contributions to this number in the light of some general issues arising out of recent writing on utopia. It notes the wide variety of views on the question of definition of utopia, ranging from the anti-utopian dismissal of it as totalitarianism to a broad and flexible vehicle of desire. It traces the shifting accents of utopia consequent on the move beyond modernity - a shift from time to space and from content to process. Only a (...) flexible approach reflected in the variety of articles in this collection can offer glimpses of the most elusive utopia, the transcendence of loss and longing. (shrink)

The role of government in assuring population access to affordable and appropriate health care represents a central question for any nation. Of particular concern is access to prescription drug coverage, not only because of the vital role played by drugs in modern medicine, but also because of their high costs. This article examines the sharply contrasting prescription drug coverage and payment policies found in Australia and the U.S. – strong political allies and international trading partners – and describes how key (...) U.S. interests have sought, through an aggressive trade agenda, to expand markets for U.S. goods and services, even when market expansions clash with other nations’ contrasting emphasis on social equity and fairness. Indeed, the nation’s bilateral free trade negotiations have brought the contours of this policy schism into sharp relief. (shrink)

1 This book is the product of a one-year project conducted by the Hastings Center, Institute of Society, Ethics and the Life Sciences, during 1976-1977. The Behavior Control Research Group-an ongoing, interdisciplinary working group com posed of philosophers, psychiatrists, psychologists, social sci entists, and lawyers-met four times over the course of the year with special consultants with expertise in the field of mental retardation. At those meetings, participants gave in formal presentations, which were followed by group discus sion. As the (...) project progressed, formal papers were delivered and subjected to further critical commentary. This volume, in two related parts, represents the deliberations of the group as a whole, and then offers individual papers prepared by some scholars in order to give a sense of the kind of specific arguments on which the general conclusions were based. We undertook the project to examine: (1) questions of competence and consent; and (2) the practical implications, lThe project, entitled "Ethical Issues in the Care and Treatment of the Mildly Mentally Retarded," was supported by the EVI5T program of the National Science Foundation under Grant No. 05576-14793. Any Opinions, findings, conclusions, or recommendations expressed herein are those of the authors and do not necessarily reflect the views of the National Science Foundation. ix x PREFACE in terms of care and treatment, that evolve from differing definitions and models applied to mental retardation. (shrink)

Logic, Methodology and Philosophy of Science VII.