Currently, we find ourselves in a paradigm in which we believe that accepting climate change data will lead to a kind of automatic action toward the preservation of our environment. I have argued elsewhere (Fried 2020) that this lack of civic action on climate data is significant when placed in the historical, military context of the technologies that collect this data––Earth remote sensing technologies. However, I have not yet discussed the phenomenological or moral implications of this context, which are (...) deeply interconnected. In this paper, I assert that Earth remote sensing technologies can, if we are not careful, lead us to a kind of environmental deskilling. This assertion comes in four parts. First, the military context of Earth remote sensing technologies––which collect important data on climate change––acts as a kind of stability, as defined by Don Ihde and others. Second, I invoke Sir Patrick Heelan to argue that the theoretical underpinnings of Earth systems science do not translate from military to environmental praxes as we imagine they do. Third, Hannah Arendt makes the case that a state’s trust in simplifying narratives like that of climate data, meant to create “islands” of certainty in an uncertain world, can be self-defeating. That is to say, they can silence public action. I extend these arguments through Vallor’s analysis of moral deskilling, in which she points out that an overemphasis on autonomous data collection––and trust in a kind of automated decision-making on that data––can deskill us from important questions relevant to our collective flourishing. In all of these examples, the lines between environmental and military research are blurry. (shrink)

The purpose of this article is to describe the development of a model of moral distress in military nursing. The model evolved through an analysis of the moral distress and military nursing literature, and the analysis of interview data obtained from US Army Nurse Corps officers (n = 13). Stories of moral distress (n = 10) given by the interview participants identified the process of the moral distress experience among military nurses and the dimensions of the military nursing moral distress (...) phenomenon. Models of both the process of military nursing moral distress and the phenomenon itself are proposed. Recommendations are made for the use of the military nursing moral distress models in future research studies and in interventions to ameliorate the experience of moral distress in crisis military deployments. (shrink)

This edited collection explores the distinctive contributions of postphenomenological perspectives toward imaging in science, medicine, and everyday life. With its original empirical investigations of imaging across a variety of fields, the book expands our conceptual framework for understanding images.

Background: The law and literature about children’s consent generally assume that patients aged under-18 cannot consent until around 12 years, and cannot refuse recommended surgery. Children deemed pre-competent do not have automatic rights to information or to protection from unwanted interventions. However, the observed practitioners tend to inform young children s, respect their consent or refusal, and help them to “want” to have the surgery. Refusal of heart transplantation by 6-year-olds is accepted. Research question: What are possible reasons to explain (...) the differences between theories and practices about the ages when children begin to be informed about elective heart surgery, and when their consent or refusal begins to be respected? Research design, participants and context: Research methods included reviews of related healthcare, law and ethics literature; observations and conversations with staff and families in two London hospitals; audio-recorded semi-structured interviews with a purposive sample of 45 healthcare professionals and related experts; interviews and a survey with parents and children aged 6- to 15-years having elective surgery (not reported in this paper); meetings with an interdisciplinary advisory group; thematic analysis of qualitative data and co-authorship of papers with participants. Ethical considerations: Approval was granted by four research ethics committees/authorities. All interviewees gave their informed written consent. Findings: Interviewees explained their views and experiences about children’s ages of competence to understand and consent or refuse, analysed by their differing emphases on informed, signified or voluntary consent. Discussion: Differing views about children’s competence to understand and consent are associated with emphases on consent as an intellectual, practical and/or emotional process. Conclusion: Greater respect for children’s practical signified, emotional voluntary and intellectual informed consent can increase respectful understanding of children’s consent. Nurses play a vital part in children's practitioner-patient relationships and physical care and therefore in all three elements of consent. (shrink)

author. University Professor in the School of Law, Columbia University. (From July 2006, Professor of Law, New York University.) Earlier versions of this Essay were presented at the Colloquium in Legal and Social Philosophy at University College London, at a law faculty workshop at the Hebrew University of Jerusalem, and at a constitutional law conference at Harvard Law School. I am particularly grateful to Ronald Dworkin, Ruth Gavison, and Seana Shiffrin for their formal comments on those occasions and also to (...) James Allan, Aharon Barak, Richard Bellamy, Aileen Cavanagh, Arthur Chaskalson, Michael Dorf, Richard Fallon, Charles Fried, Andrew Geddis, Stephen Guest, Ian Haney-Lopez, Alon Harel, David Heyd, Sam Issacharoff, Elena Kagan, Kenneth Keith, Michael Klarman, John Manning, Andrei Marmor, Frank Michelman, Henry Monaghan, Véronique Munoz-Dardé, John Morley, Matthew Palmer, Richard Pildes, Joseph Raz, Carol Sanger, David Wiggins, and Jo Wolff for their suggestions and criticisms. Hundreds of others have argued with me about this issue over the years: This Essay is dedicated to all of them, collegially and with thanks. (shrink)

Investigates a complex structure of morality, the demands such morality places on individuals, and the behavioral consequences of the system of right and wrong.

This paper examines the efforts of contractualists to develop an alternative to aggregation to govern our duty not to harm (duty to rescue) others. I conclude that many of the moral principles articulated in the literature seem to reduce to aggregation by a different name. Those that do not are viable only as long as they are limited to a handful of oddball cases at the margins of social life. If extended to run-of-the-mill conduct that accounts for virtually all unintended (...) (in the sense of undesired) harm to others—noncriminal activities that impose some risk of harm on others—they would rule out all action. Moreover, because such conduct poses an irreducible conflict between freedom of action and freedom from expected harm, it can be regulated only by principles that accept the necessity of making precisely the sorts of interpersonal trade-offs that contractualism is foundationally committed to reject: trade-offs in which the numbers count, such that a risk of serious harm to one person can be justified by small benefits to the many. (shrink)

In this article I discuss what I am calling “ally aesthetics.” I suggest a set of necessary, though not necessarily sufficient, considerations for the creation of successful instances of ally art. Focusing on three case studies, I propose some key characteristics of ally aesthetics, such as its contextual/temporal nature and how that relates to success and the importance of understanding the place of the ally aesthetic within the larger movements they are allying with.

With this widely acclaimed work, Fried revised the way in which eighteenth-century French painting and criticism were viewed and understood. "A reinterpretation supported by immense learning and by a series of brilliantly perceptive readings of paintings and criticism alike.... An exhilarating book." John Barrell, "London Review of Books".

McCullough, Kilpatrick, Emmons, and Larson (2001) posited that gratitude prompts individuals to behave prosocially. However, research supporting the prosocial effect of gratitude has relied on scenario and self-report methodology. To address limitations of previous research, this experiment utilised a laboratory induction of gratitude, a method that is potentially more covert than scenarios and that elicits actual grateful emotion. Prosocial responses to gratitude—operationalised as the distribution of resources to another—were paired with a self-report measure of gratitude to test the prosocial effect (...) of gratitude. To investigate positive mood as an alternative explanation, this experiment compared responses of individuals receiving a favour to responses of individuals receiving a positive outcome by chance. A total of 40 participants were randomly assigned to either a Favour or Chance condition. Participants receiving a favour helped more and reported more gratitude compared to participants in the Chance condition. (shrink)

Despite the rekindling of an often bitter debate as to the meaning of Martin Heidegger’s involvement with National Socialism, little has been done to address afresh the texts themselves of the period in question and the problematic to which Heidegger conceived he was applying himself. Defying Enlightenment universalism, Heidegger asserts that meaningful human existence requires a belonging in a particular historical community whose integrity must be sustained in what he calls “Auseinandersetzung,”---confrontation. This paper attempts to show how “Auseinandersetzung,” itself Heidegger’s (...) translation of the Greek word “polemos,” underlies central concepts of Heidegger”s ontology, influencing his views on work, art, and great creators. The current controversy lends us an opportunity to reflect on the meaning of fascism and the foundation for politics in a global era. (shrink)

Medical assistance in dying (MAiD) in Canada is a complex, novel interprofessional practice governed by stringent legal criteria. Often, patients need assistance navigating the system, and MAiD providers/assessors struggle with the administrative challenges of MAiD. Resultantly, the role of the MAiD care coordinator has emerged across the country as a novel practice dedicated to supporting access to MAiD and ensuring compliance with regulatory requirements. However, variability in the roles and responsibilities of MAiD care coordinators across Canada has highlighted the need (...) for accountability and standardization for this practice. This manuscript constitutes a first attempt to describe this emerging role, through discussion of proposed standards of practice, as well as roles and responsibilities, and ethical duties of this emergent professional practice. We detail the core commitments of MAiD care coordinators to patients, providers/assessors and institutions involved in the MAiD process. We address the core competencies that inform the unique skillset required by MAiD care coordinators to facilitate high-quality care, while highlighting the moral and ethical considerations embedded in this work. To illustrate the complexity of the MAiD care coordinator role, case examples involving ethical dilemmas encountered in practice are included. Finally, a code of ethics is proposed to serve as a guide for appropriate professional practice and conduct. This manuscript is intended to illustrate the importance of transparency and accountability for this new role that provides service to vulnerable patients and families; this is especially critical as the ethical complexity of MAiD is likely to increase with future changes in legislation opening MAiD access to new populations. (shrink)

In this article, I address the question of the apportionment of the consequences of organizational misconduct to individual members of the organizational elite. I argue that this process can be best understood by marrying the behavioral aspects of stigma theory to the economic mechanisms of ex post settling up. Viewed in conjunction with stigmatization, ex post settling up following organizational misconduct can be seen as the result of attempts to avoid stigma by association. Efforts at stigma avoidance on the parts (...) of various stakeholders produce the diminished social interaction associated with ex post settling up: departure from the focal firm, and loss of seats on other boards. This also suggests that the process of stigmatization, and hence ex post settling up, can be influenced by characteristics of social interaction unrelated to the misconduct itself. (shrink)

The present essay examines the conflicting ontological assumptions that one can find behind the word dao in the texts of the Laozi and Zhuangzi and argues that the relative indifference to these texts toward whether or not dao has an ontic reality should not be considered a flaw of early Daoism. Rather, the historical process by which the term dao collects various possible ontological implications can be thought of as a philosophical stance in its own right. That is, if the (...) terms which one is obliged to use in discussing the immaterial necessarily hide, at least as much as they explain, the nature of Being, then it is a reasonable response to decline to ground one’s ethics in an ontology, and that while the resulting philosophy may not qualify as a fully-adumbrated system, this does not diminish its potential usefulness. (shrink)

This comment explores the use of behavioral measures in the developmental study of guilt and gratitude reviewed by Vaish and Hepach. Although the use of behavioral measures in developmental...

This book chapter shows how the early Heidegger’s philosophy around the period of Being and Time can address some central questions of contemporary social ontology. After sketching “non-summative constructionism”, which is arguably the generic framework that underlies all forms of contemporary analytic social ontology, I lay out early Heidegger’s conception of human social reality in terms of an extended argument. The Heidegger that shows up in light of this treatment is an acute phenomenologist of human social existence who emphasizes our (...) engagement in norm-governed practices as the basis of social reality. I then defuse a common and understandable set of objections against invoking the early Heidegger as someone who can make any positive contribution to our understanding of social reality. Lastly, I explore the extent to which the early Heidegger’s philosophy provides insights regarding phenomena of collective intentionality by showing how the intelligibility of such phenomena traces back to individual agents’ common understanding of possible ways of understanding things and acting with one another. With the early Heidegger, I argue that this common understanding is the fundamental source and basis of collective intentionality, not the non-summativist constructionism on which contemporary analytic social ontology has sought to focus with much effort. The lesson about social ontology that we should learn from the early Heidegger is that there is a tight connection between the social constitution of the human individual and his or her capacity to perform actions or activities that instantiate collective intentionality. (shrink)

With the passage by virtually every state legislature of healthcare proxy laws, the medical profession increasingly can expect to rely on the participation of surrogates in making decisions on behalf of incompetent patients. Several concerns about the legitimacy of proxy decision making have been discussed in the ethical and general medical literature: the lack of concordance between the views of patients and their surrogates have been documented on multiple occasions, and cases of abuse by proxies or potential conflict of interest (...) have been reported. Another dilemma that deserves discussion arises when proxies demand withdrawal of treatment that physicians and nurses regard as essential to the wellbeing of the patient. The following case highlights this dilemma. (shrink)

This chapter contains sections titled: Notes.

Die vernachlässigte Rolle des mittelalterlichen Hofes als Institution der Wissenskultur steht im Zentrum des auf die Höfe in Sizilien und Kastilien im 13. Jahrhundert konzentrierten Bandes, in dem zugleich allgemeine Charakteristika höfischer Wissenskultur herausgearbeitet werden. Einen Schwerpunkt des Buchs bildet die Erforschung des naturwissenschaftlichen Wissens am Hofe Friedrichs II., einen weiteren die Herrschaftslegitimation, einen dritten schließlich der kastilische Hof. Die friderizianische Herrschaftslegitimation wird sowohl in der Ikonologie als auch aus soziologischer Perspektive beleuchtet. Der "Liber Introductorius" des Michael Scotus, ein Werk (...) enzyklopädischen Charakters, findet gründliche Untersuchung, wobei der Blick der Interpreten auf das Gesamtwerk und die Textentstehung gerichtet ist. Detailliert, dabei zugleich kontrovers diskutiert, weist der Band den Weg der verbreitetsten mittelalterlichen Falkenkunde vom Orient über den staufischen Hof in den Okzident nach. Durch die Analyse der Beschaffung, Übersetzung und Lektüre an Höfen, Universitäten sowie in Städten werden die Wege und Funktionen von Wissen erhellt. (shrink)

We explore how the Sarbanes–Oxley Act of 2002 created pressure for firms to take more visible and costly corrective action following the announcement of an earnings restatement. Building on theory about focusing events, the institutional effects of legislative change, and the agenda-setting role of the media, we propose that Sarbanes–Oxley created reactive normative pressure on firms that announce earnings restatements, increasing the likelihood of CEO replacement in their aftermath. We theorize that Sarbanes–Oxley changed the meaning—and therefore the impact—of media coverage (...) of earnings restatements. Our findings show that firm behavior after Sarbanes–Oxley did change in ways that are consistent with the intent of the legislation: to increase executives’ accountability for the reliability of their firms’ financial statements. Moreover, we show this change is a result both of the direct effect of the legislation on increasing CEO accountability as well as through intensifying the effect of the media spotlight on misconduct. (shrink)

To be human is to be in the world with others, and so what it means to be goes to the root of ethical and political life. One would have to be exceptionally obtuse not to recognize that this age, which we now share as a planetary humanity, is indeed in crisis, despite all our apparent progress if not because of it: the economic and political upheavals that threaten to throw whole regions into uproar, the shifts in climate that threaten (...) the entire globe with unparalleled disruption, the “advances” in technology that threaten to lay waste to entire cities and reduce human beings to “human resources.” Despite these ongoing or potential disasters, what Heidegger’s work challenges us to think is that the most fundamental disaster is a failure to think what it means to be human, that these other dangers can only be addressed if we confront this question first. My argument here is that Heidegger misreads a form of thinking vital to ethical–political life, phronêsis, so-called practical wisdom, because his radical historicism prevents him from seeing the intersection of principled norms with life as we find it. (shrink)

BACKGROUND Patients with chronic pain face significant barriers in finding clinicians to manage long-term opioid therapy (LTOT). For patients on LTOT, it is increasingly common to have them sign opioid treatment agreements (OTAs). OTAs enumerate the risks of opioids, as informed consent documents would, but also the requirements that patients must meet to receive LTOT. While there has been an ongoing scholarly discussion about the practical and ethical implications of OTA use in the abstract, little is known about how clinicians (...) use them and if OTAs themselves modify clinician prescribing practices. OBJECTIVE To determine how clinicians use OTAs and the potential impacts of OTAs on opioid prescribing. DESIGN We conducted qualitative analysis of four focus groups of clinicians from a large Midwestern academic medical center. Groups were organized according to self-identified prescribing patterns: two groups for clinicians who identified as prescribers of LTOT, and two who did not. PARTICIPANTS 17 clinicians from General Internal Medicine, Family Medicine, and Palliative Care were recruited using purposive, convenience sampling. APPROACH Discussions were recorded, transcribed, and analyzed for themes using reflexive thematic analysis by a multidisciplinary team. KEY RESULTS Our analysis identified three main themes: (1) OTAs did not influence clinicians’ decisions whether to use LTOT generally but did shape clinical decision-making for individual patients; (2) clinicians feel OTAs intensify the power they have over patients, though this was not uniformly judged as harmful; (3) there is a potential misalignment between the intended purposes of OTAs and their implementation. CONCLUSION This study reveals a complicated relationship between OTAs and access to pain management. While OTAs seem not to impact the clinicians’ decisions about whether to use LTOT generally, they do sometimes influence prescribing decisions for individual patients. Clinicians shared complex views about OTAs’ purposes, which shows the need for more clarity about how OTAs could be used to promote shared decision-making, joint accountability, informed consent, and patient education. (shrink)

"'This book,' Michael Fried's work opens, 'was written not so much chapter by chapter as painting by painting over a span of roughly ten years.' Courbet's Realism is a magnificent work and its very first sentence brings us up against the qualities of mind of its author, qualities that make it as impressive as it is. It allows us to reconstruct the keen eye, the commitment to perception, the gift of rapt concentration, the conviction that great paintings are not (...) necessarily understood easily, and the further conviction that a great painter deserves to get from us as good as he gives. By drawing on these qualities, Fried achieves something out of reach for all but a handful of his colleagues. In his writing, art history takes on some of the character of art itself. It is driven by the same stubborn resolve to open our eyes."—Richard Wollheim, San Francisco Review of Books Courbet's Realism is clearly a major contribution to the highly active field of Courbet studies.... But to contribute here and now is necessarily also to contribute to central debates about art history itself, and so the book is also—I hesitate to say 'more importantly,' because of the way object and method are woven together in it—a major contribution to current attempts to rethink the foundations and objects of art history.... It will not be an easy book to come to terms with; for all its engagement with contemporary literary theory and related developments, it is not an application of anything, and its deeply thought-through arguments will not fall easily in line with the emerging shapes of the various 'new art histories' that tap many of the same theoretical resources. At this moment, there may be nothing more valuable than such a work."—Stephen Melville, Art History. (shrink)

Adolf Menzel was one of the most important German artists of the 19th century, yet he is scarcely known outside his native land. In this study a leading art historian argues that Menzel deserves to be recognized not only as one of the greatest painters and draftsmen of his century but also as a master realist whose work engages profoundly with an extraordinary range of issues - artistic, scientific, philosophical and socio-political. Michael Fried explores Menzel's large and fascinating oeuvre, (...) and in so doing seeks to make the artist's achievement accessible to a wide audience. (shrink)

This volume presents a survey of critical appropriations of Heidegger’s thought for the 21st century. It includes all the most well-known and respected Heidegger scholars working today and offers a wide range of perspectives in engaging and accessible essays, altogether representing the most comprehensive overview of Heidegger Studies available.

Drawing on political, legal, national, post-national, as well as American and European perspectives, this collection of essays offers a diverse and balanced discussion of the current arguments concerning deliberative democracy. The essays consider the thr.

Epistemologists have posed the following puzzle, known as the proof paradox: Why is it intuitively problematic for juries to convict on the basis of statistical evidence and yet intuitively unproblematic for juries to convict on the basis of far less reliable, non-statistical evidence? To answer this question, theorists have explained the exclusion of statistical evidence by arguing that legal proof requires certain epistemic features. In this paper, I make two contributions to the debate. First, I establish the Criminal Verdict Asymmetry, (...) a previously-unarticulated asymmetry between the epistemic norms of guilty and not guilty verdicts. I argue that the prosecution and defense’s different epistemic burdens influence whether statistical evidence can generate the type of verdict each side pursues. Second, I point out a mistake in how theorists have understood the role of statistical evidence in criminal trials. Though epistemologists have primarily focused on whether statistical evidence can generate specific epistemic features required for convictions, I consider whether statistical evidence can demonstrate a lack of such features. I find that there are epistemic advantages to allowing the defense to introduce statistical evidence which can reveal the prosecution’s failure to prove the defendant’s guilt. (shrink)