In recent years there has been renewed philosophical interest in the thesis that perceptual experience is cognitively penetrable, i.e., roughly, the view that the contents and/or character of a subject's perceptual experience can be modified by what a subject believes and desires. As has been widely noted, it is plausible that cognitive penetration has implications for perception's epistemic role. On the one hand, penetration could make agents insensitive to the world in a way which epistemically 'downgrades' their experience. On the (...) other hand, cognitive penetration may sometimes be epistemically beneficial by making agents more sensitive to the way the world is, i.e., by enabling them to see things that others cannot. For example, penetration could ground a 'high-level' view of perceptual content, according to which agents can have experiences as of 'complex' properties, e.g., natural kind and aesthetic properties. Relatedly, it could elucidate the view that agents can gain perceptual expertise by learning. A type of sophisticated perception which has hitherto received little attention in relation to cognitive penetration is ethical perception. In this paper I examine the significance of cognitive penetration for 'Perceptualist' views in ethics which appeal to a notion of 'ethical perception'. Although cognitive penetration could ground a literalist model of Ethical Perception according to which agents can have perceptual experiences of the instantiation of ethical properties, the results are otherwise somewhat mixed: cognitive penetrability does not support Perceptual Intuitionism, although it may provide some limited support for Virtue Ethics and Cornell Realism. However, as I stress, the significance of cognitive penetration for Perceptualism should not be overstated. (shrink)

Volume 24, Issue 11, November 2024, Page 78-80.

Epistemic Sentimentalism is the view that emotional experiences such as fear and guilt are a source of immediate justification for evaluative beliefs. For example, guilt can sometimes immediately justify a subject’s belief that they have done something wrong. In this paper I focus on a family of objections to Epistemic Sentimentalism that all take as a premise the claim that emotions possess a normative property that is apparently antithetical to it: epistemic reason-responsiveness, i.e., emotions have evidential bases and justifications can (...) be demanded of them. I respond to these objections whilst granting that emotions are reason-responsive. This is not only dialectically significant vis-à-vis the prospects for Epistemic Sentimentalism, but also supports a broader claim about the compatibility of a mental item’s being reason-responsive and its being a generative source of epistemic justification. (shrink)

In this article I assess Rossian Intuitionism, which is the view that the Rossian Principles of Duty are self-evident. I begin by motivating and clarifying a version of the view—Rossian Conceptual Intuitionism—that hasn’t been adequately considered by Rossians. After defending it against a series of significant objections, I show that enthusiasm for Rossian Conceptual Intuitionism should be muted. Specifically, I argue that we lack sufficient reason for thinking that the Rossian Principles are self-evident, and that insisting that they are self-evident (...) may commit Rossians to radically expanding the scope of self-evidence. (shrink)

Originally published in German in 1935, this monograph anticipated solutions to problems of scientific progress, the truth of scientific fact and the role of error in science now associated with the work of Thomas Kuhn and others. Arguing that every scientific concept and theory—including his own—is culturally conditioned, Fleck was appreciably ahead of his time. And as Kuhn observes in his foreword, "Though much has occurred since its publication, it remains a brilliant and largely unexploited resource." "To many scientists just (...) as to many historians and philosophers of science facts are things that simply are the case: they are discovered through properly passive observation of natural reality. To such views Fleck replies that facts are invented, not discovered. Moreover, the appearance of scientific facts as discovered things is itself a social construction, a _made_ thing. A work of transparent brilliance, one of the most significant contributions toward a thoroughly sociological account of scientific knowledge."—Steven Shapin, _Science_. (shrink)

The overwhelming weight of legal authority in the USA and Canada holds that consent is not required for brain death testing. The situation in England and Wales is similar but different. While clinicians in England and Wales may have a prima facie duty to obtain consent, lack of consent has not barred testing. In three recent cases where consent for brain death testing was formally presented to the court, lack of consent was not determinative, and in one case the court (...) questioned whether the clinicians were even required to seek consent from the parents of a child at all. (shrink)

Adherents to reconciliation, restorative justice, and related approaches to dealing with social conflict are well known for seeking to minimize punishment, in favor of offenders hearing out victims, making an apology, and effecting compensation for wrongful harm as well as victims forgiving offenders and accepting their reintegration into society. In contrast, I maintain that social reconciliation and similar concepts in fact characteristically require punishment but do not require forgiveness. I argue that a reconciliatory response to crime that includes punitive disavowal (...) but not necessarily forgiveness is supported by an analogy with resolving two-person conflict and by relational facets of human dignity. I also specify a novel account of the type of penalty that is justified by reconciliation, namely, burdensome labor that is likely to foster moral reform on the part of wrongdoers and to compensate their victims, which would serve neither retributive nor deterrent functions. I illustrate this conception of punishment in contexts that include having cheated on an exam at a university, engaged in criminal behavior such as robbery, and committed atrocities during large-scale social conflict. (shrink)

Ariane Lewis offers a comprehensive and expert review of ethical issues raised by brain death in the United Kingdom and how they compare to management of those issues in the United States (Lewis 20...

Part of the Elements Philosophy of Religion series, this short book focuses on the spiritual dimensions of life’s meaning as they have been discussed in the recent English and mainly analytic philosophical literature. The overarching philosophical question that this literature has addressed is about the extent to which, and respects in which, spiritual realities such as God or a soul would confer meaning on our lives. There have been four broad answers to the question, namely: God or a soul is (...) necessary for meaning in our lives; they are not necessary for it; one or both would enhance the meaning in our lives; and they would detract from it. These views have been largely advanced in chronological order through the history of Western philosophy, with the view that life would be meaningless without God and a soul having been most prominent in the medieval period, the rejection of this claim having arisen in the modern era, and then sophisticated positions about enhancement or reduction having appeared in earnest only in the past 20 years. This book addresses all four positions, paying particular attention to the more recent views. Beyond familiarizing readers with these positions, it presents prima facie objections to them, points out gaps in research agendas, and suggests argumentative strategies that merit development. (shrink)

There has been the recurrent suspicion that community, harmony, cohesion, and similar relational goods as understood in the African ethical tradition threaten to occlude difference. Often, it has been Western defenders of liberty who have raised the concern that these characteristically sub-Saharan values fail to account adequately for individuality, although some contemporary African thinkers have expressed the same concern. In this chapter, I provide a certain understanding of the sub-Saharan value of communal relationship and demonstrate that it entails a substantial (...) allowance for difference. I aim to show that African thinkers need not appeal to, say, characteristically Euro-American values of authenticity or autonomy to make sense of why individuals should not be pressured to conform to a group’s norms regarding sex and gender. A key illustration involves homosexuality. (shrink)

In this article, I seek to answer the following cluster of questions: What would a characteristically African, and specifically relational, conception of a criminal trial’s final end look like? What would the Afro-relational approach prescribe for sentencing? Would its implications for this matter forcefully rival the kinds of penalties that judges in South Africa and similar jurisdictions typically mete out? After pointing out how the southern African ethic of ubuntu is well understood as a relational ethic, I draw out of (...) it a certain conception of reconciliation that I advance as a strong candidate for being the proper final end of a criminal trial. I argue that, far from requiring forgiveness, seeking reconciliation can provide strong reason to punish offenders. Specifically, a reconciliatory sentence is one that roughly has offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster cooperation and mutual aid. I argue that this novel account of punishment is a prima facie attractive alternative to more familiar retributive and deterrence rationales, and that it entails that widespread practices such as imprisonment and mandatory minimum sentences are unjust. (shrink)

Suppose a person lives in a sub-Saharan country that has won its independence from colonial powers in the last 50 years or so. Suppose also that that person has become a high-ranking government official who makes decisions on how to allocate goods, such as civil service jobs and contracts with private firms. Should such a person refrain from considering any particulars about potential recipients or might it be appropriate to consider, for example, family membership, party affiliation, race or revolutionary stature (...) as reasons to benefit certain individuals at some cost to the general public? Which of these factors should be considered unjust, or even corrupt, as a basis on which to allocate state goods and which should not? This chapter outlines an attractive moral theory with African content that forbids both impartialism and a strong form of partialism that would permit government officials to favour members of their families or political parties. Between these two extremes, a moderate partialism is prescribed. This permits government agents to occasionally favour veterans and victims of state injustices at some cost to the general public. This chapter seeks to provide a new, unified explanation of why sub-Saharan values permit some forms of partiality, such as the preferential hiring of those who struggled against colonialism, but prohibit other nepotistic forms of partiality. (shrink)

The determination of death by neurological criteria—“brain death”—has long been legally established as death in all U.S. jurisdictions. Moreover, the consequences of determining brain death have been clear. Except for organ donation and in a few rare and narrow cases, clinicians withdraw physiological support shortly after determining brain death. Until recently, there has been almost zero action in U.S. legislatures, courts, or agencies either to eliminate or to change the legal status of brain death. Despite ongoing academic debates, the law (...) concerning brain death has remained stable for decades. However, since the Jahi McMath case in 2013, this legal certainty has been increasingly challenged. Over the past five years, more families have been emboldened to translate their concerns into legal claims challenging traditional brain death rules. While novel, these claims are not frivolous. Therefore, it is important to understand them so that we can address them most effectively. (shrink)

Is it ever wrong to cheat in a dream? It has been argued that the conjunction of reasonable claims about dreams with Evaluational Internalism (the view that moral evaluation is determined by factors ‘internal’ to agency, such as intentions) entails a positive answer. This implausible result seemingly provides reason to favour an alternative theory of moral evaluation. I here argue that a wide range of Evaluational Externalist views (which base moral evaluation on factors ‘external’ to agency, such as harms produced) (...) are similarly committed to morality in dreams. I end by identifying implications for theorising about dreams and morality. (shrink)

Part of a symposium devoted to ‘Prediction, Understanding, and Medicine’, in which Alex Broadbent argues that the nature of medicine is determined by its competences, i.e., which things it can do well. He argues that, although medicine cannot cure well, it can do a good job of enabling people not only to understand states of the human organism and of what has caused them, but also to predict future states of it. From this Broadbent concludes that medicine is (at least (...) in part) essentially a practice of understanding and predicting, not curing. In reply to this bold position, I mount two major criticisms. First, I maintain that the reasons Broadbent gives for doubting that medicine can cure provide comparable reason for doubting that medicine can provide an understanding; roughly, the best explanation of why medicine cannot reliably cure is that we still lack much understanding of health and disease. Second, I object to the claim that a practice is medical only if it facilitates understanding and prediction. Although Broadbent has brought to light certain desirable purposes of medicine that are under-appreciated, my conclusion is that he has not yet provided enough reason to think that understanding and prediction are essential to it. Instead of supposing that medicine has an essence, in fact, I suggest that its nature is best understood in terms of a property cluster. (shrink)

In Revering God, author and scholar Thaddeus Williams bridges the gap between abstract theology and awe-inspired devotion, helping readers better understand God and drawing them into a deeper state of joy and reverence for their Creator.

This issue’s “Legal Briefing” column covers recent legal developments involving medical decision making for unbefriended patients. These patients have neither decision-making capacity nor a reasonably available surrogate to make healthcare decisions on their behalf. This topic has been the subject of recent articles in JCE. It has been the subject of major policy reports. Indeed, caring for the unbefriended has even been described as the “single greatest category of problems” encountered in bioethics consultation. Moreover, the scope of the problem continues (...) to expand, especially with rapid growth in the elderly population and with an increased prevalence of dementia.Unfortunately, most U.S. jurisdictions have failed to adopt effective healthcare decision-making systems or procedures for the unbefriended. “Existing mechanisms to address the issue of decision making for the unbefriended are scant and not uniform.” Most providers are “muddling through on an ad hoc basis.” Still, over the past several months, a number of state legislatures have finally addressed the issue. These developments and a survey of the current landscape are grouped into the following 14 categories. The first two define the problem of medical decision making for the unbefriended. The remaining 12 categories describe different solutions to the problem. The first six of these solutions are discussed in this article (Part 1). The last eight solutions will be covered in the Summer 2012 issue of JCE (Part 2). 1. Who are the unbefriended?2. Risks and problems of the unbefriended3. Prevention: advance care planning, diligent searching, and careful capacity assessment4. Decision-making mechanisms and standards5. Emergency exception to informed consent6. Expanded default surrogate lists: close friends7. Private guardians8. Volunteer guardians9. Public guardians10. Temporary and emergency guardians11. Attending physicians12. Other clinicians, individuals, and entities13. Institutional committees14. External committees. (shrink)

Discussion of whether values and norms are neutral or not has mainly appeared in works on the nature of prudential rationality and morality. Little systematic has yet appeared in the up and coming field of the meaning of life. What are the respects in which the value of meaningfulness is neutral or, in contrast, partial, relational, or ‘biased’? In this article, I focus strictly on answering this question. First, I aim to identify the salient, and perhaps exhaustive, respects in which (...) issues of neutrality arise in the contexts of life’s meaning. In addition to providing a taxonomy of the key points of contention, a second aim is to advance reflection about them by considering the most important arguments that have been marshalled in favour of one side or the other, particularly as they appear in recent neutral positions. I conclude that meaning in life is neutral with respect to time but not any other conditions such as agents and patients, with a third aim being to point out that this makes the value of meaning different from the kinds of non/neutrality encountered in some salient conceptions of prudence and morality. (shrink)

One aim of this chapter is to acquaint a reader unfamiliar with African philosophy with some of its more prominent ethical perspectives, especially those pertaining to ubuntu, as they bear on work. However, I undertake this discussion with some sympathy towards these implications, such that another aim is to point out that the prescriptions for the workplace that moral philosophers working in the African tradition have made (or would sensibly make given their more basic commitments) are worth taking seriously regardless (...) of the reader’s background. The vitalist and communalist strains of ethical thought prominent amongst African philosophers are relatively unknown in globally influential discourses, but are revealing in the context of work. Central topics include: what the point of work is; how to distribute jobs; why there might be a right to work; and how to organize the production process. For each question, I emphasize respects in which African ethical thought offers answers that are both different from and plausible relative to what is dominant in English-speaking theory or practice. (shrink)

When we hear the word logic, we tend to think of arguments, premises and conclusions, claims and evidence for claims. But this is only half of it. Arguments are made of words, and words are symbols or signs of concepts, the building blocks of human thought. The study of the concept, the most fundamental aspect of logic, was once an essential part of liberal education, and to aid in its recovery is the goal of this book. This is a must-have (...) for any introductory logic course. (shrink)

This article draws on the indigenous African intellectual tradition to ground a moral-philosophical theory of leadership that is intended to rival accounts prominent in the East Asian and Western traditions. After providing an interpretation of the characteristically sub-Saharan value of communion, the article advances a philosophical account of a good leader as one who creates, sustains and enriches communal relationships and enables others to do so. The article then applies this account to a variety of topics, including what the final (...) end of an organisation should be, how decisions ought to be made within it, who counts as a stakeholder and how to deal with non-performing or misbehaving employees. For each topic, the article notes respects in which Afro-communal leadership supports approaches that differ from those prescribed by other, more internationally familiar philosophies such as Confucianism and Kantian contract theory, and it suggests that its implications are prima facie attractive relative to them. (shrink)

Moderately updated version of this encyclopaedia entry.

Up to now, a very large majority of work in the religious philosophy of life’s meaning has presumed a conception of God that is Abrahamic. In contrast, in this essay I critically discuss some of the desirable and undesirable facets of Traditional African Religion’s salient conceptions of God as they bear on meaning in life. Given an interest in a maximally meaningful life, and supposing meaning would come from fulfiling God’s purpose for us, would it be reasonable to prefer God (...) as characteristically conceived by African philosophers of religion to exist instead of the Abrahamic conception of God? At this stage of enquiry, I answer that, in respect of the range of people to whom God’s purpose would apply, a more African view of God would plausibly offer a greater meaning, but that, concerning what the content of God’s purpose would be, the Abrahamic view appears to offer a greater one. I conclude by reflecting on this mixed verdict and by suggesting respects in which non-purposive facets of the African and Abrahamic conceptions of God could also have implications for life’s meaning. (shrink)

Characteristic of the contemporary field of life's meaning has been the combination of monism in method and naturalism in substance. That is, much of the field has sought to reduce enquiry into life's meaning to one question and to offer a single principle as an answer to it, with this principle typically focusing on ways of living in the physical world as best known by the scientific method. T. J. Mawson's new book, God and the Meanings of Life, provides fresh (...) reason to doubt both this form and this content and also develops positive alternatives to them. In this critical notice of Mawson's book, I consider several of the central arguments that he gives for a pluralist supernaturalism, explaining why I remain unconvinced. (shrink)

For more than ten years, I have advanced a conception of human dignity informed by ideas about community salient in the African philosophical tradition. According to it, an individual has a dignity if she is by her nature able to commune with others and to be communed with by them. I have argued that this conception of dignity grounded on our communal nature not only helps to make good foundational sense of many characteristically African moral prescriptions, but also constitutes a (...) strong rival to the globally dominant Kantian account in terms of our capacity for autonomy/rationality. In this contribution, I provide a summarizing statement of my position and articulate some reasons why I believe it should be considered philosophically defensible. Of particular interest, I argue that it is able to account for certain human rights better than three other conceptions of human dignity salient in the African tradition, viz., the views that we have a dignity in virtue of our vitality, moral behaviour, or capacity to care for others. (shrink)

Our aims are to articulate some core philosophical positions characteristic of Traditional African Religion and to argue that they merit consideration as monotheist rivals to standard interpretations of the Judeo-Christian-Islamic tradition. In particular, we address the topics of how God’s nature is conceived, how God’s will is meant to bear on human decision making, where one continues to exist upon the death of one’s body, and how long one is able to exist without a body. For each of these topics, (...) we note how Traditional African Religion posits claims that clash with mainstream Judaism, Christianity, and Islam and that, being prima facie plausible, indicate the need for systematic cross-cultural philosophical debate. (shrink)

I develop an account of the property in virtue of which actions are wrong that retains the notion of unreasonableness but rejects Scanlon's contractualist framework. Specifically, I maintain (roughly) that the property of treating another unreasonably better explains what makes an act wrong than does the property of it being prohibited by principles that contractors with an ideal motivation could not reasonably reject. One advantage of my alternative is a more straightforward way to capture duties towards animals.

This chapter critically explores contemporary philosophical understandings of whether meaning in life might depend on the presence or absence of an afterlife. After distinguishing various kinds of afterlife, it focuses most on the potential relevance of an eternal one, and considers at length the extreme but common views amongst philosophers that an eternal afterlife would be either necessary for a meaningful life or, conversely, sufficient for a meaningless one. It concludes by considering the plausibility of a more moderate view, that (...) an eternal afterlife could substantially enhance the meaning of our lives, even if they would not be meaningless without it. The aim of the chapter is not to defend some overall thesis about these positions, but rather to acquaint the reader with recent English-speaking philosophical discussions of them. (shrink)

Translation of 'Are Lives Worth Creating?' into Japanese by Sho Yamaguchi. A critical discussion of Benatar's anti-natalism that originally appeared in Philosophical Papers (2011).

Jeffery et al. propose a non-uniform representation of three-dimensional space during navigation. Fittingly, we recently revealed asymmetries between horizontal and vertical path integration in humans. We agree that representing navigation in more than two dimensions increases computational load and suggest that tendencies to maintain upright head posture may help constrain computational processing, while distorting neural representation of three-dimensional navigation.

(1) Background: The rise of fascism in American and, indeed, throughout the world, prompts a question: why does fascism remain persistent in human existence? The question is one that Karl Jaspers might have asked regarding the origin and goal of history. The political description of fascism is not adequate to describe the lived experience of those drawn to it, and to assume such people to be irrational does not suffice. Rather, culture provides semiotic structure, which is phenomenologically embodied by people (...) in a Mitwelt. (2) Results: Perhaps what is needed is not a political description of fascism but a communicological analysis that proceeds as a semiotic phenomenology of fascism as it is culturally embodied. Jaspers’ concept of evil frames fascism as colonialism turned against itself, disguised banally in such phenomena as Schadenfreude, as described by Lanigan. (3) I approach this question using a semiotic phenomenological method. (4) Conclusions: The fading colonial dominance in the form of cultural hegemony creates Laingian ontological insecurity and a desire for one’s inner fascist to identify itself in others. Addressing fascism requires new politics of experience. (shrink)

A new working hypothesis of sleep-wake cycle mechanisms is proposed, based on ontogeny and functional/anatomic compression of two stochastic neuronal models of information coding that complement each other in a key/lock fashion: the axonal arbor patterns (AAP – “hardware”) and the neuronal spike interval inequality patterns (SIIP – “software”). [Hobson et al.; Nielsen; Revonsuo; Solms; Vertes & Eastman].

The dominant view amongst contemporary Western philosophers about the essence of a natu­ ral object is that it is constituted by its intrinsic properties. The ontological approach salient in the African philosophical tradition, in contrast, accounts for a thing’s essence by appeal to its relational properties. The Afro­relational ontology is under­developed, with the primary aim of this article being to help rectify that weakness. Specifically, this article’s aims are: to articulate an African approach to understanding the essence of a concrete, (...) natural thing in terms of its relationships; to illustrate the Afro­relational approach with the examples of the self and of water; to contrast the Afro­relational characterization of the essence of the self and of water with a typically Western construal in terms of their intrinsic properties; and finally to provide an initial defence of the Afro­relational approach, both by responding to some objections facing it and by providing some new, positive reasons to take it seriously. (shrink)

In the first part of the article I show how Descartes employs the sceptical theist strategy as part of his response to the problem of evil in Meditation Four. However, Descartes's use of this strategy seems to raise a serious challenge to his whole project: if Descartes is ignorant of God's purposes, then how can he be sure that God doesn't have some morally sufficient reason for creating him with unreliable clear and distinct perceptions? Drawing on related objections from Mersenne (...) and Hobbes, I show in the second half of the article how Descartes can sidestep this objection. (shrink)

This issue’s “Legal Briefing” column covers recent legal developments involving voluntarily stopping eating and drinking (VSED). Over the past decade, clinicians and bioethicists have increasingly recognized VSED as a medically and ethically appropriate means to hasten death. Most recently, in September 2013, the National Hospice and Palliative Care Organization (NHPCO) called on its 2,000 member hospices to develop policies and guidelines addressing VSED. And VSED is getting more attention not only in healthcare communities, but also in the general public. For (...) example, VSED was recently highlighted on the front page of the New York Times and in other national and local media. Nevertheless, despite the growing interest in VSED, there remains little onpoint legal authority and only sparse bioethics literature analyzing its legality. This article aims to fill this gap. Specifically, we focus on new legislative, regulatory, and judicial acts that clarify the permissibility of VSED. We categorize these legal developments into the following seven categories: 1. Definition of VSED2. Uncertainty Whether Oral Nutrition and Hydration Are Medical Treatment3. Uncertainty Regarding Providers’ Obligations to Patients Who Choose VSED4. Judicial Guidance from Australia5. Judicial Guidance from the United Kingdom6. Judicial Guidance from Canada7. Case of Margot Bentley. (shrink)

For four decades Ifeanyi Menkiti has addressed the question of which sort of community constitutes personhood from a characteristically African perspective. In this chapter, I critically discuss the conceptions of how one acquires personhood through community that Menkiti has advanced, in search of the one that would most enable him to avoid prominent moral objections made to his views over the years. In particular, his account of personhood has been criticized for insufficiently accommodating individual difference, most recently in respect of (...) gender and sexuality. I draw on the resources in Menkiti’s work for rebutting this line of criticism, but contend that, even if he can avoid that one, another, new objection looms large: because of Menkiti’s claim that reciprocity is central to community, he is committed to the view that human infants and mentally incapacitated adults lack moral standing, in the way he explicitly believes animals lack it. After showing that, according to Menkiti’s strongest conception of personhood, one counterintuitively cannot acquire it in the course of interacting with any non-persons, I articulate an alternative conception of how to understand the role of community in acquiring personhood that avoids this problem as well as the other ones discussed. (shrink)

Patients in the United States have been subject to an evergrowing “avalanche” of unwanted medical treatment. This is economically, ethically, and legally wrong. As one advocacy campaign puts it: “Patients should receive the medical treatments they want. Nothing less. Nothing more.” First, unwanted medical treatment constitutes waste (and often fraud or abuse) of scarce healthcare resources. Second, it is a serious violation of patients’ autonomy and self-determination. Third, but for a few rare exceptions, administering unwanted medical treatment contravenes settled legal (...) rules and principles. This “Legal Briefing” describes a central and growing role for the law. Specifically, courts and agencies have increasingly imposed penalties on healthcare providers who deliberately or negligently disregard advance directives and DNR (donot-resuscitate) orders. I group these legal developments into the following five categories: 1. Five Types of Unwanted Medical Treatment2. State and Federal Duties to Follow Advance Directives3. Doctors Hospital of Augusta v. Alicea4. Other Lawsuits for Ignoring Advance Directives5. Administrative Penalties for Ignoring Advance Directives. (shrink)

This issue’s “Legal Briefing” column covers legal developments pertaining to conscience clauses and conscientious refusal. Not only has this topic been the subject of recent articles in this journal, but it has also been the subject of numerous public and professional discussions. Over the past several months, conscientious refusal disputes have had an unusually high profile not only in courthouses, but also in legislative and regulatory halls across the United States.Healthcare providers’ own moral beliefs have been obstructing and are expected (...) to increasingly obstruct patients’ access to medical services. For example, some providers, on ethical or moral grounds, have denied: (1) sterilization procedures to pregnant patients, (2) pain medications in end-of-life situations, and (3) information about emergency contraception to rape victims. On the other hand, many healthcare providers have been forced to provide medical treatment that is inconsistent with their moral beliefs.There are two fundamental types of conscientious objection laws. First, there are laws that permit healthcare workers to refuse providing — on ethical, moral, or religious grounds — healthcare services that they might otherwise have a legal or employer-mandated obligation to provide. Second, there are laws directed at forcing healthcare workers to provide services to which they might have ethical, moral, or religious objections. Both types of laws are rarely comprehensive, but instead target: (1) certain types of healthcare providers, (2) specific categories of healthcare services, (3) specific patient circumstances, and (4) certain conditions under which a right or obligation is triggered. For the sake of clarity, I have grouped recent legal developments concerning conscientious refusal into eight categories: 1. Abortion: right to refuse2. Abortion: duty to provide3. Contraception: right to refuse4. Contraception: duty to provide5. Sterilization: right to refuse6. Fertility, HIV, vaccines, counseling7. End-of-life measures: right to refuse8. Comprehensive laws: right to refuse. (shrink)

George Berkeley is famous for the metaphysical principle esse is percipi or percipere. Many Berkeleyan idealists take this principle to be incompatible with Platonic realism about abstract objects, and thus opt either for nominalism or divine conceptualism on which they are construed as divine ideas. In this paper, I argue that Berkeleyan idealism is consistent with a Platonic realism in which abstracta exist outside the divine mind. This allows the Berkeleyan to expand Berkeley’s principle to read: esse is percipi or (...) percipere or abstractum. (shrink)