This article considers the contribution of Husserlian transcendental phenomenology to the scientific realism debate by thematizing the problem of dubitability. After first considering the rigorous standards for apodictic evidence in phenomenology, particularly in terms of the intuitive givenness of evidence, I consider how scientific theory is open, in principle, to doubt. I argue that phenomenology has both a critical and descriptive function for scientific theory: it clarifies what scientific theory can or cannot tell us about the world, both possibly and (...) necessarily; and it describes the meaningfulness that scientific theory can have for us in our experience of the world—that is, in the living flow of conscious experience that is indubitably real. As such, I explain how phenomenology can take scientific theory as a serious field of investigation. (shrink)

Hegel is a complicated figure for considering the philosophical significance of sexual difference. On the one hand, he grants an essential place for sexual difference in his analyses of nature and spirit. On the other hand, he treats the telos of sexual difference as a kind of sexual indifferentiation. For Hegel, both life and spirit depend on sexual difference but as something to be sublated, that is, preserved but only in so far as it is negated for a higher truth (...) or purpose devoid of it. This essay examines this sublation of sexual difference in what Hegel characterizes as the ‘universality’ of the living genus and the ‘universality’ of the rational activity of civil society. I argue that Hegel’s conception of this sublation of difference into universality relies in both instances on a teleological reduction of the ontological significance of sexual difference to reproduction and a contestable interpretation of the roles of male and female sexes in it. However, I claim that Hegel’s account of the relational identity of the sexes, each as not-all of the genus given the other, is a fundamental insight for an ontological analysis of sexual difference. As such, I open a critical reappropriation of Hegel's account of sexual difference for a more difference-affirming, non-hierarchal sexual ontology. I argue that overcoming the hierarchal implications of this Hegelian account of sexual difference requires rethinking the natural and rational universal, which amounts to rethinking what Hegelianism might mean today. (shrink)

Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, (...) the book explores the notion of a treatment, practice, or procedure being proper medical treatment, and considers the range of diverse factors which might influence the acceptance of a particular procedure as appropriate in the medical context. Contributors address such issues as clinical judgement and professional autonomy, the role of public interest, and the influence of resource allocation in decision-making. In doing so, the book explores how the law, the medical profession, and the public interact in determining whether a new or ethically contentious procedure should be regarded as legitimate. This book will be of interest and use to researchers and students of bioethics, medical law, criminal law, and the sociology of medicine. (shrink)

In this paper we argue that while individual private interests such as autonomy and the need for a medical procedure or treatment are important in the provision and delivery of health care and the utilization of biotechnologies, these concepts need to be balanced with other interests such that in certain situations they do not take priority. We use as an example a particular developing biotechnology, xenotransplantation, to suggest that interest in the health of the public is such that this biotechnology (...) should not be permitted to move to the clinical trial stage because of the particular risk of harm it poses to the potential xeno-recipient, their close contacts and the wider population. This is despite the interest of those in need of a transplant in allowing such clinical trials to proceed. We derive support for our position from John Stuart Mill's harm principle. (shrink)

Deleuze and Guattari’s schizoanalytic project has been understood to be antithetical, or at best indifferent, to any project of sexual ontology. Against these dominant views, I argue for an interpretation of the schizoanalytic project that does justice to the differentiation of beings—particularly the human being—according to distinct forms of sexuate morphology. I claim that, although it is largely absent in Deleuze and Guattari’s writings, we can read this kind of determinate sexual difference into their project at both the organic stratum (...) of the organism and the alloplastic stratum of human signification and meaning. Given its importance in structuring bodies and organizing generational reproduction, I consider how sexual difference is the historical condition of possibility for alloplastic subjectivity. Nevertheless, I argue that the innovative features of Deleuze and Guattari’s schizoanalytic project emerge from their recognition that neither the organismic structure of sexual difference nor its social and personal representation is static. As such, reading sexual difference into the schizoanalytic project not only supplements Deleuze and Guattari’s work but also opens possibilities for developing a sexual ontology that recognizes the dynamic embodiment of individuals without denying the structural reality of sexual difference. (shrink)

This article develops an interpretation and defense of Husserl’s account of the omnitemporality of idealities. I first examine why Husserl rejects the atemporality and temporal individuation of idealities on phenomenological grounds, specifically that these attributions prove countersensical in how they relate idealities to consciousness. As an alternative to these conceptions, I develop a two-sided interpretation of omnitemporality expressed in modal terms of actuality and possibility, the actual referring to appearances in time and the possible, to reactivation at any time. In (...) defense of this interpretation of omnitemporality, I consider influential criticisms against Husserl’s account of idealities as they concern time, particularly whether the historical genesis of idealities compromises their omnitemporality by binding them to time. Ultimately, I argue that the transcendental historicity of idealities, despite being relevant to the question of validity and access, proves indifferent to their omnitemporality. (shrink)

Until 2008, if doctors followed the General Medical Council's (GMC's) guidance on providing information prior to obtaining a patient's consent to treatment, they would be going beyond what was technically required by the law. It was hoped that the common law would catch up with this guidance and encourage respect for patients' autonomy by facilitating informed decision-making. Regrettably, this has not occurred. For once, the law's inability to keep up with changing medical practice and standards is not the problem. The (...) authors argue that while the common law has moved forward and started to recognise the importance of patient autonomy and informed decision-making, the GMC has taken a step back in their 2008 guidance on consent. Indeed, doctors are now required to tell their patients less than they were in 1998 when the last guidance was produced. This is an unfortunate development and the authors urge the GMC to revisit their guidance. (shrink)

In this introduction, we consider how this volume demonstrates not only that the question of sexual difference can be asked with Irigaray but that her project necessitates engaging the question if we are to take seriously her diagnosis of sexual difference as “one of the major philosophical issues, if not the issue, of our age.” We consider how Irigaray's questioning of sexual difference implicates a dialectic of natural and cultural determinations, challenging reductive and essentialist readings of her project. In the (...) process, we trace how the contributors of this volume think sexual difference with Irigaray, revealing the value of her thought for addressing contemporary debates about sex, gender, and race. (shrink)

Health and health care are vitally important to all of us, and academic interest in the law regulating health has, over the last 50 years, become an important field of academic study. An analysis of the development of, changes in, and scope of Health Law and Ethics to date, is both timely and of interest to students and scholars alike, along with an exploration of its likely future development. This work brings together contributions from leading and emerging scholars in the (...) field. Each contributor has been invited to select and analyse a 'leading work', which has for them shed light on the way that Health Law and Ethics has developed. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field. This collection also includes a specially written Introduction and Conclusion, which critically reflect upon the development of Health Law and Ethics and its likely future developments in the light of the reflections by contributors on their chosen leading works. The book will be of interest to students, teachers and researchers in Health Law and Ethics, as it provides critical discussions and assessments of some of the leading scholarship in the field. (shrink)

QBism is an interpretation of quantum mechanics that posits quantum probabilities as subjective Bayesian probabilities, whence its name. By avoiding experientially unfulfilled speculations about what exists prior to measurement, QBism seems to make a close encounter with the phenomenological method. What follows is an interview with QBism’s founder and principal champion, the physicist Christopher Fuchs.

This essay evaluates Hegel's claim that the phenomenon of time exhibits a quantitative logic in the context of a paradox concerning temporal presence. On the one hand, in time, the present always is. It seems that the very nature of time, assuming that it is really passing, requires us to assent to the continuous being of the present. If time is always passing, there must always be a present when the passing actually occurs and thus when beings actually exist. On (...) the other hand, any particular moment of presence, as a point or an interval, immediately ceases to be or has not yet come to be. And, because of this, no delineated moment can be purely self-present. Conceived as an unextended point, presence would be nothing enduring of its own against time's passing, while, conceived as an interval, presence contains before and after within itself, meaning as an interval that is not actually present at once. The paradox is therefore that time's passing demands we think being present and presence as being, while being present, strictly speaking, seems impossible due precisely to that passing. Hegel claims to reconcile the self-same form of presence, a presence that always is, with continuous change under the category of quantity. However, I argue that the non-identity between the logical category and the phenomenon of time renders this reconciliation ineffective against the paradox, breaking down, more specifically, as it concerns the formation of a temporal magnitude. I evaluate alternative Hegelian interpretations for determining whether the irresolvability of the paradox proves problematic after all, arguing that the paradox in fact presents a significant problem for the conceivability of temporal existence. (shrink)

This chapter provides an account of sexual ontology, grounded in and responsive to Irigaray’s philosophy, that focuses on the question of possibility. I first consider possibility in terms of the ontological negativity of sexuate beings, whereby one sex or sexuate morphology does not exhaust all that that kind of being is or can be. Second, I consider how sexual difference, as a relational structure of being, engenders possibilities for sexuate beings to develop as irreducible individuals. With particular focus on the (...) human being and the looming question of transhumanist technologies, I argue that these principles develop a sexual ontology that recognizes determinate limits between sexes while allowing for varied and creative expressions of sexuate life. (shrink)

This chapter develops an argument for the ontological significance of sexual difference through Irigaray’s account of “the negative.” Reading Irigaray with Hegel’s logical analysis of finitude as a negative self-reference, or in terms of the dependence of identity on difference, I consider how this ontological negativity functions in two senses: first, in terms of a generational negativity, whereby sexuate beings rely on this difference as their own copulative condition of possibility; and second, in terms of a more general negative self-relation (...) to sexuate others as incarnated in the determinate limits of one’s own sexuate body. Against skeptical challenges to the reality of these two senses of ontological negativity, this chapter thus develops an account of sexual difference in terms of the irreducible reference to otherness in oneself, subverting the idea that there could be sexuate identity without difference. (shrink)

Volume 25, Issue 3, September 2019, Page 203-206.

Is conscientious objection necessarily incompatible with the role and duties of a healthcare professional? An influential minority of writers on the subject think that it is. Here, we outline...

The Human Tissue Act 2004 is designed to regulate the storage and use of organs and tissues from the living, and the removal, storage and use of the same material from the deceased. It repeals much criticized legislation, including the Human Tissue Act 1961, and establishes a Human Tissue Authority to ensure compliance with the Act via a licensing and monitoring regime. When the Act comes into force, probably in April 2006, it will be a criminal offence not to comply (...) with certain provisions of the Act, and a new offence of DNA 'theft' will be introduced. Importantly, the Act places consent at the centre of the system, both from the living and from or on behalf of the deceased. (shrink)

COVID-19 continues to dominate 2020 and is likely to be a feature of our lives for some time to come. Given this, how should health systems respond ethically to the persistent challenges of responding to the ongoing impact of the pandemic? Relatedly, what ethical values should underpin the resetting of health services after the initial wave, knowing that local spikes and further waves now seem inevitable? In this editorial, we outline some of the ethical challenges confronting those running health services (...) as they try to resume non-COVID-related services, and the downstream ethical implications these have for healthcare professionals’ day-to-day decision making. This is a phase of recovery, resumption and renewal; a form of reset for health services.1 This reset phase will define the ‘new normal' for healthcare delivery, and it offers an opportunity to reimagine and change services for the better. There are difficulties, however, healthcare systems are already weakened by austerity and the first wave of COVID-19 and remain under stress as the pandemic continues. The reset period is operating alongside, rather than at the end, of the pandemic and this creates difficult ethical choices. ### Balancing the greater good with individual care Pandemics—and public health emergencies more generally—reinforce approaches to ethics that emphasise or derive from the interests of communities, rather than those grounded in the claims of the autonomous individual. The response has been to draw on more public health focused ethics, ‘if demand outstrips the ability to deliver to existing standards, more strictly utilitarian considerations will have to be applied, and decisions about how to meet the individual's need will give way to decisions about how to maximise overall benefit’.2 Alongside this, effective …. (shrink)

Luce Irigaray has written that “sexual difference is one of the major philosophical issues, if not the issue, of our age.” Spanning metaphysics, phenomenology, and psychoanalysis, her work examines how sexual difference structures being and subjectivity, organizes our experience of the world, and affects the images and discourses involved in knowledge production and practical action. No other philosopher has paid such careful attention to the consequences of the elision of sexual difference in philosophical thought. However, at a time when notions (...) of sexual and gender difference are hotly contested, Irigaray’s thought has often been dismissed as essentialist or reductively binary. This book brings together leading scholars to consider the philosophical implications of Irigaray’s writing on sexual difference, particularly for issues of gender and race. Their essays directly confront the charge of essentialism, exploring how Irigaray’s thought opens new possibilities for understanding the complexity of gender identities, including nonbinary and trans experiences as well as alternative configurations of masculinity and femininity. Though Irigaray is sometimes accused of a failure to appreciate racial difference, contributors show the productive role of her work in thinking race. This book also illuminates how Irigaray’s work provides creative practices that help realign human experience and our relations with nature and each other. (shrink)

We have been researching the distinctive ethical issues raised by what we have called “the reset period,” when non-Covid services resumed alongside the continuing pandemic in the UK. In this commen...

This manuscript reports on a landmark symposium on the ethical, legal and technical challenges of xenotransplantation in the UK. King’s College London, with endorsement from the British Transplantation Society (BTS), and the European Society of Organ Transplantation (ESOT), brought together a group of experts in xenotransplantation science, ethics and law to discuss the ethical, regulatory and technical challenges surrounding translating xenotransplantation into the clinical setting. The symposium was the first of its kind in the UK for 20 years. This paper (...) summarises the content of the expert lectures showcasing the progress which has been made in xenotransplantation including—the history of xenotransplantation, advances in gene edited animals and progress towards clinical xenotransplantation. We then set out the ethical and legal issues still to be resolved. Finally, we report the themes of the roundtable discussion highlighting areas of consensus and controversy. While the detail of the legal discussion was directed towards the UK, the principles and summary reported here are intended to be applicable to any jurisdiction seeking to implement clinical xenotransplantation. (shrink)

Background At the beginning of the coronavirus (Covid-19) pandemic, many non-Covid healthcare services were suspended. In April 2020, the Department of Health in England mandated that non-Covid services should resume, alongside the continuing pandemic response. This ‘resetting’ of healthcare services created a unique context in which it became critical to consider how ethical considerations did (and should) underpin decisions about integrating infection control measures into routine healthcare practices. We draw on data collected as part of the ‘NHS Reset Ethics’ project, (...) which explored the everyday ethical challenges of resetting England’s NHS maternity and paediatrics services during the pandemic. Methods Healthcare professionals and members of the public participated in interviews and focus group discussions. The qualitative methods are reported in detail elsewhere. The focus of this article is our use of Frith’s symbiotic empirical ethics methodology to work from our empirical findings towards the normative suggestion that clinical ethics should explicitly attend to the importance of relationships in clinical practice. This methodology uses a five-step approach to refine and develop ethical theory based on a naturalist account of ethics that sees practice and theory as symbiotically related. Results The Reset project data showed that changed working practices caused ethical challenges for healthcare professionals, and that infection prevention and control measures represented harmful barriers to the experience of receiving and offering care. For healthcare professionals, offering care as part of a relational interaction was an ethically important dimension of healthcare delivery. Conclusions Our findings suggest that foregrounding the importance of relationships across a hospital community will better promote the ethically important multi-directional expression of caring between healthcare professionals, patients, and their families. We offer two suggestions for making progress towards such a relational approach. First, that there is a change of emphasis in clinical ethics practice to explicitly acknowledge the importance of the relationships (including with their healthcare team) within which the patient is held. Second, that organisational decision-making should take into account the moral significance afforded to caring relationships by healthcare professionals, and the role such relationships can play in the negotiation of ethical challenges. (shrink)