In a profile in the November, 2012 issue of the magazine Architect, activist-architect Raphael Sperry, a founder of the group Architects Planners & Designers for Social Responsibility discussed his petition to amend the AIA’s Code of Ethics and Professional Conduct to include a prohibition on “the design of spaces intended for long-term solitary isolation and execution.”1 This issue is both serious and timely. It deserves contemplative attention before any action is taken. The purpose of this letter is to provide the (...) the architecture profession a condensed analysis of the possible justification for taking the action Mr. Sperry advocates. After review and consideration, we are persuaded that Mr. Sperry’s proposal does merit action by the AIA. (shrink)

The tension between the popular embrace of same-sex marriage and the queer critique of homonormativity prompts the contributors to Long Term to explore queer commitments as they are more broadly conceived. The essays contained here de-familiarize the idea of commitment and extend the category of significant others to include animals, possessions, institutions and disciplines. Revitalizing the concerns of queer theory beyond the commitment to anti-normativity, these essays contribute to interdisciplinary scholarship in queer temporality studies, disability studies, autotheory, and the emergent (...) sub-field of age studies. Long Term includes an introduction on notions of the long term and essays that specifically address a number of topics-the commitment to palliative care; long-term attachment and loss; long-term pharmaceutical use; the commitment to pets; fear of commitment and institutionalization; long-term debt and financialization; the racial dimensions of long-term incarceration and voluntarism; queer kinship and racialized reproductive technologies; serial commitment; and the commitment to friendship. (shrink)

Trusting relationships are both valuable and risky. Where the risks are high and the fears of betrayal are also high, it might seem rational to try to mitigate the risks, while still enjoying the benefits of the trusting relationship, by forming a contingency plan. A contingency plan—in the sense I am interested in—involves contingent punishments for defection, which are primarily meant to encourage the trusted partner to act trustworthily. I argue, however, that such contingency plans suffer from an internal tension (...) wherein the contingency planner both seeks and undermines a particular level (or kind) of trust. There are two problems in particular, either of which is sufficient to undermine trusting relationships: one, the planner fails to see the trusted partner as sincerely engaged in the trusting relationship, and two, the planner separates herself out from the trusting relationship by seeing her flourishing as separate from her partner’s (or, even worse, as dependent on her partner’s harm). Continency plans, then, are not just about the future; they cast a moral shadow on what we are doing now. (shrink)

In this commentary on D. Nails, “Two Dogmas of Platonism,” I focus on her arguments for the claim that the Good is not the unhypothetical principle of everything in Plato’s Republic. I first examine what it would mean for any principle to be an unhypothetical principle of everything, and argue that Nails equivocates in her construal of this role. I then argue that Plato’s references to the unhypothetical principle should not be read to refer to a single, unique item, but (...) to each Form F in its role as the cause of a F phenomena. (shrink)

Church's thesis, that all reasonable definitions of “computability” are equivalent, is not usually thought of in terms of computability by acontinuouscomputer, of which the general-purpose analog computer (GPAC) is a prototype. Here we prove, under a hypothesis of determinism, that the analytic outputs of aC∞GPAC are computable by a digital computer.In [POE, Theorems 5, 6, 7, and 8], Pour-El obtained some related results. (The proof there of Theorem 7 depends on her Theorem 2, for which the proof in [POE] is (...) incorrect, but for which a correct proof is given in [LIR]. Also, the proof in [POE] of Theorem 8 depends on the unproved assertion that a solution of an algebraic differential equation must be analytic on an open subset of its domain. However, this assertion was later proved in [BRR].) As in [POE], we reduce the problem to a problem about solutions of certain systems of algebraic differential equations (ADE's). If such a system is nonsingular (i.e. if the “separant” does not vanish along the given solution), then the argument is very easy (see [VSD] for an even simpler situation), so that the essential difficulties arise fromsingularsystems. Our main tools in handling these difficulties are drawn from the excellent (and difficult) paper [DEL] by Denef and Lipshitz. The author especially wants to thank Leonard Lipshitz for his kind help in the preparation of the present paper.We emphasize here that our proof of the simulation result applies only to the GPAC as described below. The GPAC's form a natural subclass of the class of all analog computers, and are based on certain idealized components (“black boxes”), mostly associated with the technology of past decades. One can easily envisage other kinds of black boxes of an input-output character that would lead to different kinds of analog computers. (For example, one could incorporate delays, or spatial integrators in addition to the present temporal integrators, etc.) Whether digital simulation is possible for these “extended” analog computers poses a rich and challenging set of research questions. (shrink)

I have taken such pains to indicate the scope, terms, and foci of Neumann's analysis because he provides one of the main pillars on which any further systematic study of the woman hero must rest. By showing Psyche's relation to the mythic or archetypal structure of heroism, by demonstrating the particular ways in which the hero is a figure distinguished primarily by involvement in particular patterns of action and psychological development, Neumann provides an invaluable service to further studies of literature, (...) heroism, and women. Without belaboring the distinction between the hero and the heroine, Neumann validates the claim that a woman can be a hero and eliminates the awkward distinction between the heroine as heroic figure and the heroine as conventional woman that has perplexed so much recent literary, especially feminist, analysis.1 He is also very good at locating the details in Psyche's dilemma that constitute significant associative images within a narrative representing heroism by means of a female character. Specifically, he indicates how Psyche's beauty is as much a burden as a boon, shows the importance of her relationship to other female characters, and points out the ways in which the apparent hostility of other women acts as a necessary goad to Psyche's own developing independence. Neumann's analysis is also suggestive in showing the appropriateness of archetypal criticism to material which is not myth in the narrow sense. To be sure, Apuleius' Amor and Psyche results from the distillation of narratives whose origins are clearly to be found in the folklore and functioning mythologies of Greek and Roman culture; just as clearly, however, Apuleius is telling his tale as part of a highly self-conscious, complexly structured narrative2 analogous, in some ways, to Chaucer's Canterbury Tales, Bunyan's Pilgrim's Progress, Milton's great religious epics, and even that seemingly least mythic set of narrative structures, the novel. · 1. See, e.g., Ellen Moers' long discussion of "heroinism" in Literary Women: The Great Writers , pp. 113-242. Moers' use of this awkward term, the female version of the presumably masculine heroism, perpetuates the idea that only men can be true heroes, while extraordinary women remain "special cases" necessitating special terminology.· 2. See P. G. Walsh, The Roman Novel: The 'Satyricon' of Petronius and the 'Metamorphoses' of Apuleius , pp. 141-223. Lee R. Edwards is an editor of The Massachusetts Review and an associate professor of English at the University of Massachusetts at Amherst. She is presently completing The Labors of Psyche: Female Heroism and Fictional Form. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 27.1 (2003) 211-222 [Access article in PDF] Criticism and the Terror of Nothingness C. Jason Lee DESTINY IS OFTEN ANOTHER NAME for narrative, it being the order we retrospectively find in scattered events. It is traditionally the role of the storyteller to create a believable narrative, with the reader investing attention into believing the story while the critic dissects the results to ascertain whether the magic (...) works. As Wallace Stevens put it, "we orchestrate a whole history and then imprison ourselves in the score, as if someone else had written it." 1 In the author's note to the second edition (1962) of Wise Blood (1949) Flannery O'Connor makes the point that her novel is a comic novel, yet its comedy does not lessen the depth of understanding it offers concerning the complexity of freedom. 2 The obsession with fate and destiny that swamps her characters, leads the reader into a gothic nightmare where humans in their attempt to re-create themselves dig themselves further into the graves of their dead relatives. For O'Connor free will does not mean one will but many wills conflicting in one man, and she explains the integrity of the central character of Wise Blood, Hazel Motes, as stemming from his vigorous attempts to rid himself of the "ragged figure who moves from tree to tree in the back of his mind."This figure is the Jesus of his grandfather, and it is also the religious preoccupation of the Deep South. Destiny has shaped his features and his character in the mold of his grandfather, and whomever he meets believes he too is a preacher. After establishing the Church Without Christ, like many sons attempting to shake off their origin, Hazel Motes realizes that his new way of behaving is in some sense being controlled [End Page 211] by his past and that he must shake off all vestiges to possess freedom. One might argue that, by eventually blinding himself, Hazel Motes is behaving as a soul who has given into the temptation of purgation, as if this is destiny. But it can be argued that this act is going against destiny, as it is an act that is perhaps trying to persuade God of something, despite the Oedipal connotations.Questioned by his landlady why he blinded himself he says to pay, and when asked to pay for what, he replies it does not matter what. Mrs. Flood is frightened of death, particularly death being one long blind existence, and Hazel Motes is a reminder to her of her destiny. This can be read as a judgment on life also. Yet she eventually decides to take care of him, for both altruistic and materialistic reasons, believing that his widow would inherit his war pension. Mrs. Flood, her name evocative of apocalyptic occurrences and Old Testament punishment, is a critic of the text; the text in this instance is nothing written but rather Motes himself. It seems that Hazel Motes, his name a reference to taking the mote out of one's own eye before you try and take the splinter out of another's, is punishing himself for his previous denial of Christ and for his sins, such as fornication, as with Mrs. Watts the prostitute and Sabbath Hawks, and murder, but also something more primal.After trying desperately to break the curse of his biological inheritance, his wise blood, just like the character Enoch Emery, it forces him to once again take on roles that deny him freedom. Hazel Motes may seem to a contemporary reader as a caricature, the mad preacher/antipreacher of the American South, but as V. S. Pritchett puts it, Hazel Motes is "entirely real" (p. viii). His self-blinding is part of his further alienation from the world, the world he has come back to after the "Great War." O'Connor shows how this watershed in human history was so devastating, Motes's new theology entirely rational. After having an insight into the world in reality through war, Hazel Motes is now "going to do some things... (shrink)

In a rare full-length volume, renowned feminist thinker Sandra Lee Bartky brings together eight essays in one volume, Sympathy and Solidarity. A philosophical work accessible to an educated general audience, the essays reflect the intersection of the author's eye, work, and sometimes her politics. Two motifs connect the works: first, all deal with feminist topics and themes; second, most deal with the reality of oppression, especially in the disguised and subtle ways it can be manifested.

In lieu of an abstract, here is a brief excerpt of the content:Unknowing BarbaraLee Edelman (bio)There's something you should know about Barbara Johnson. Something you don't know. Something you can't know. Something that's hidden in plain sight. And Johnson, though never possessing that knowledge, indicates, time and time again, both its utter impossibility and the impossibility of ceasing to utter it—the impossibility that generates time as always already time again, as allegorical temporality, as the compulsion (implicit in the phrase "you (...) should know") to repeat our failure to know it and to call that failure knowledge itself. There's something you should know about Barbara Johnson, and it's something I'm here not to tell you. For telling, as Johnson allows us to see, obscures the unmasterable relation between what's told and the act of telling it. It distracts our attention, in other words, from something else always at work in its words to complicate or confound it, something we've come to identify as the rhetorical, the performative, or the literary, but something to which Johnson, by way of reference to Freud, gives another name as well: "Freud called this something the death instinct, but this death instinct is to be understood as what ceaselessly escapes the mastery of understanding and the binary logic of opposition by exhibiting some 'other' logic one can neither totally comprehend nor exclude." To which she then goes on to add: "Any statement that affirms, while using a logic different from the logic of binary opposition, will necessarily not conform to binary notions of 'clarity'" ["Nothing Fails Like Success" 13].Now consider the opening sentences of the headnote to the Norton Anthology of Criticism's selection from Barbara Johnson's work, a headnote that situates Johnson with the anonymous authority of a knowledge from on high, of the sujet supposé savoir, though that subject here, like its object, is Barbara Johnson, who wrote it herself: "Barbara Johnson is known as a translator in various senses of the word. She is the celebrated translator of Jacques Derrida's Dissemination; and she is also one of the earliest and most interesting translators of structuralist and poststructuralist theory into literary insights. Often praised for her 'lucidity' and 'clarity,' she has nevertheless emphasized, again and again, the unavoidability and necessity of linguistic complexity and difficulty in formulating intractable problems."1 Though this seems, on the face of it, clear enough, don't let that obscure its obscurity. For Johnson acknowledges—or confesses, or laments—that she's "often praised" for a "clarity" to which, as the earlier passage makes clear, the statements in deconstructive texts "will necessarily not conform." Are Johnson's texts not deconstructive then? Is her logic really binary? Or is some "other" logic operative here when she clearly affirms that deconstructive affirmations necessarily won't seem clear?To see this obscurity more clearly—to see it more clearly, that is, as obscurity—let me translate Johnson's comments into the logical pattern of a syllogism, although Johnson herself reminds us that "what is most radical in deconstruction" is precisely its incompatibility with familiar structures of binary logic ["Nothing" 12]. Describing that incompatibility, she writes, "while traditionalists say that a thing cannot be both A and not-A, deconstructors open up ways in which A is necessarily but unpredictably [End Page 89] already different from A" [14]. Let me frame this account of deconstruction as the major premise of a syllogism: "All deconstructive statements or texts affirm through a logic different from that of binary opposition.'" Johnson, in discussing the death instinct, has already provided our minor premise: "All statements or texts that affirm through a logic not that of binary opposition 'will necessarily not conform to binary notions of "clarity."'" Syllogistic logic, then, clearly affirms an inevitable conclusion: "All deconstructive statements or texts 'will necessarily not conform to binary notions of "clarity."'" But if this is so, why is Johnson herself "often praised" for being clear? Just what does she have in common with the logical clarity of a syllogism despite her repeated insistence on "linguistic complexity and difficulty"?Well, for one thing, she shares a name. My syllogism belongs to the type that's been known, since... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Coeditors’ IntroductionRetro III: As We RestartAlyson Cole and Kyoo Leethe covid-19 pandemic drags on, and, as the world is now trying to recover from it by learning to at least live with it better, philoSOPHIA has arrived at the third and final issue of RETRO. The fact that this series ended up being framed by the turbulent temporality of the current pandemic is something that some future editors of (...) philoSOPHIA, too, might find worth remembering.For now, we return to the now-point, as expected. To that end, here we have assembled articles on historical, individual, and gendered stigmas and wounds and traumas, among others, focusing also on their relationships to existential time, namely, present moments that persist.We turn first to the pressing issue presented by “Shackling Pregnant Women: US Prisons, Anti-Blackness, and the Unfinished Project of American Abolition”: Brady Heiner offers a lucid “interpretation of the social meaning of shackling imprisoned pregnant women and its persistence despite widespread normative consensus in favor of its abolition,” a joltingly specific, haunting reminder of how deeply the legacy of slavery is embedded in the US criminal legal system and the ways in which American abolition remains an “unfinished project.”Finally, RETRO III marks an ending and a restart of another kind. As of this issue—or, rather, this volume—philoSOPHIA is transitioning from a biannual to an annual publication schedule. In recent years, the journal has transformed in various ways. In 2018, we adopted a new transContinental approach and, with it, a new subtitle. We have expanded to include different [End Page v] genres, media, and voices, always aiming to reflect on our current moment and rethink persistent feminist philosophical questions from divergent angles. Publishing one volume per year is, we are certain, the best way to sustain this breadth of inquiry and continue deepening our alliances with critical race, disability, literary, media, and queer studies, among other fields. As we restart, readers can expect us to keep pushing boundaries, as we always have, while maintaining the same high quality and standards. This is essentially a change in the journal’s format, not in its substance.Wound/stigma as process also emerged as a key notion in Retro III partly because of our preliminary editorial conversation with Annette-Carina van der Zaag about three years ago, who, in response to our call for proposals on “retro” themes, had proposed an idea of guest editing an issue. Although that plan unfortunately did not materialize as we dealt with various pandemic challenges still faced by so many of us on a daily basis, Annette did write a spirited article while encouraging some other colleagues to explore related ideas, for which we remain grateful. In this piece, “Touching Wounds: On the Fugitivity of Stigma,” which explores stigma’s queer-responsive “transformational energy,” van der Zaag articulates ways of “inhabiting” wounds on three registers—material, affective, and fugitive—as an open-ended, future-embracing pathway beyond identity-bound ontology. Ghalya Saadawi, in turn, in her engagingly autobiographical essay “Critical Incision: Hypochondria, Autotheory, and the Health-Illness Dialectic,” autotheoretically draws out “critical” energy from this critical “illness” of hers, hypochondria, to the effect of destabilizing the temporally linearized and medically coordinated discursive ideals of health and being/living well.Survival, at the end of the day, often requires some literal transcending. A case in point has been movingly portrayed and theorized by Na-Young Lee, a sociologist and justice activist who, in “Multiple Encounters and Reconstructed Identities,” revisits questions of historical trauma and collective stigma. Here, she introduces and reflects on her oral history interviews with Korean “Halmoni Activist-Survivors of Japanese Military Sexual Slavery as Postcolonial Subjects,” with whom she herself continues to fight in solidarity. Focusing on the stories of two foundational figures, “Yun Chung-ok, a leading scholar and activist who, having managed to escape the fate of many other peers, first spoke out about Japanese military sexual slavery, and Kim Bok-dong, a survivor and human rights activist,” Lee shows how “overcoming trauma and reaching out to others continues to drive the redress movement” and how “through mutually constructed identities, activist-survivors broke away from... (shrink)

In Republic, Plato presents a pedagogy whose crucial component is the conversion of the student’s soul. This is clearest in the Allegory of the Cave, where the prisoner begins her liberation by turning herself away from the images on the wall. Conversion is not something we professors typically seek to provoke in a philosophy course, even when we teach Plato. But if this were our goal, what could we do to achieve it within the limits of the modern university? I (...) present one such effort, a paper that uses the Allegory to focus on two questions: who are you, and how did you become that way? After presenting both the prompt and its rationale, I summarize six student submissions and discuss how I evaluated them. I conclude by considering the risks and possibilities of addressing the whole soul and not simply the intellect. (shrink)

Herbert McCabe uses football (soccer) as an analogy for Christian ethics, the sports game being an illuminating abstraction from the concreteness of moral life. This paper explores three authorities in the life-abstraction that is sport: the referee, the coach, and the exemplary player. (1) The referee bears practical epistemic authority: he declares what counts as a play within the rules, and what shall be excluded as an invalid (non-rule-following) play. There are interesting authority-problems that arise when referees err. In ethics, (...) epistemic authority is found in casuistry. (2) The coach bears social authority: she works to make her team function as a team, and at the same time to draw each player to her own excellence. Christian ethics values social authority in every truly human dimension. (3) The exemplary player is a personal authority. He demonstrates excellence of play, which goes beyond conformance to the rules and also goes beyond coaching. A complexification here is the relation of deliberate rule-breaking to excellence of performance. In Christian ethics, exemplary authority is held by the saint living in koinonia. The paper closes with the disanalogy that Christian ethics hopes for excellence in every person. (shrink)

This essay reconsiders Paul Ramsey’s “medical indications” policy and argues that his reconstruction of the case of Joseph Saikewicz demonstrates that there is more room for caretakers to decline treatments for “voiceless dependents” than his interlocutors have sometimes thought. It furthermore draws on Ramsey’s earlier work to propose ways that Ramsey might have improved his policy, and argues that the shortcomings of Ramsey’s view arise from his bracketing of age in making determinations about what form of medical care is owed. (...) The reading of Ramsey set forth here suggests Cathleen Kaveny’s depiction of the ‘medical indications’ policy in Ethics at the Edges of Law is too rigid and inflexible, even while it affirms other aspects of her critique. (shrink)

This article seeks to understand contractual rights through an examination of the possible ‘property’ content in contracts in the context of the inducement tort and conversion. It argues that, contrary to popular perception, contracts and property are different shades of a similar phenomenon. Not being a reified ‘thing’ with stable features and structure, property is a relative rather than an absolute concept. To determine whether the holder of an intangible resource ought to be conferred with ‘property’ or exclusive control of (...) access to such resource, one has to evaluate the relevant practical, legal and moral considerations. Applied to the context of inducing breach of contract and conversion, this analysis demonstrates that a contractual right is in fact a composite collection of distinct interests and each tort may be protective of one or more of such interests. Thus, liability is imposed for inducing breach of contract because tort law recognizes the promisee's exclusive right to the peremptory status of the promisor's promise. On the other hand, the wrongfulness of converting a contract lies in the usurpation of a contracting party's control, or the exclusive entitlement to decide whether and how to exercise her rights under the contract. (shrink)

When The Sexual Politics of Meat: A Feminist-Vegetarian Critical Theory by Carol J. Adams was published more than twenty years ago, it caused a immediate stir among writers and thinkers, feminists and animal rights activists alike. Never before had the relationship between patriarchy and meat eating been drawn so clearly, the idea that there lies a strong connection between the consumption of women and animals so plainly asserted. But, as the 21 personal stories in this anthology show, the impact of (...) this provocative text on womens lives continues to this day, and it is as diverse as it is revelatory. One writer attempts to reconcile her feminist-vegan beliefs with her Muslim upbringing; a second makes the connection between animal abuse and her own self-destructive tendencies. A new mother discusses the sexual politics of breastfeeding, while another pens a letter to her young son about all she wishes for him in the future. Many others recall how the book inspired them to start careers in the music business, animal advocacy, and food. No matter whether they first read it in college or later in life, whether they are in their late teens or early forties, these writers all credit The Sexual Politics of Meat in some way with the awakening of their identities as feminists, activists, and women. Even if you havent read the original work, youre sure to be moved and inspired by these tales of growing up and, perhaps more important, waking up to the truths around us. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 42, no. 3. © 2016 by Karen An-hwei Lee 741 Karen An-hwei Lee On New-Wave Asian Feminist Mermaids On a new wave, the old white shark fixates on everything with a slit— jade cheomsang or qipau slit on the left side, a mailbox in Hong Kong, a can opener about to spill sardines from the South China Sea, split female consciousness of folklore mermaids sashaying on knives, (...) all-or-nothing vice or virtue lost to a bedrock of lost razor blades of dialogical aqua hearts of a bronze-scaled woman folding her new legs— crossing a split— spit without the l- slit without a pThe Final Words of Madame Mao Mao, the man whom I despaired of meeting, exploded out of the revolution in a nailed crate delivered to my door. I rose to stardom, not elite by birth— call me Jiang Qing or Lan Ping. Chairman’s hands: a bouquet of mudan-hua, odorous peonies. I am, after all, Madame Mao. 742 Karen An-hwei Lee A mail carrier shakes her head. Mail-order groom? I must report you to Zhou Enlai. This is counterrevolutionary. I never ordered a husband in a Mao outfit. Is Mao a four-stroke ideogram brushed in my room while my mother wept as my father beat her with a garden spade? My real name is Mao as in Maoism. This man breathed fire in a thousand miles of revolution, one man to one woman. Please do not say my last words were propaganda— Chairman! I love you! Your comrade and your student is coming to see you!... (shrink)

Natalie Stoljar posits that purely procedural theories of autonomy are unable to explain the ‘feminist intuition’, which is the idea that the internalization of false and oppressive norms are incompatible with autonomy. She claims instead that an account based on ‘normative competence’ – which requires true beliefs and critical reflection – can explain why oppressive norms should be excluded as legitimate decision-making inputs. On my view, however, the normative competence approach is subject to a worrying problem. While Stoljar's view successfully (...) problematizes the internalization of oppression, her view misattributes non-autonomy also to those who perpetrate the oppression. I suggest that this is implausible, arguing instead that we can establish an asymmetry of autonomy between those who oppress others and those who are made target of oppression. (shrink)

According to the dominant account of harming, to harm an agent is to cause her to occupy a harmed state. Matthew Hanser rejects this “state-based” account, arguing that each version of it faces counterexamples. Instead, Hanser argues, to harm an agent is to cause her to suffer harm, where suffering harm is undergoing an event: in particular, it is losing or being prevented from receiving a basic good. In this thesis, I argue that this “event-based” account is, at best, a (...) version of the state-based account. The identity of any event as the suffering of a harm, I argue, derives from the fact that it causes the agent to occupy a harmed state. I then defend the “counterfactual comparative” version of the state-based account against three prominent objections. The intended upshot of my arguments is that the state-based account of harming is superior to its event-based counterpart. (shrink)

What is the proportionate punishment for conduct that is neither harmful nor wrongful? A likely response to that is that one ought not to be punished at all for such conduct. It is, however, common for the state to punish harmless conduct the wrongfulness of which is not always apparent. Take, for example, the requirement that those who give investment advice for compensation do so only after registering as an investment advisor. Advising a person on how to invest his or (...) her funds and accepting a fee for the advice without registering with the government does not seem harmful or wrongful, so long as no fraud is involved, the relevant parties understand the relevant risks, and so on. But practicing investment advising without registering is a crime for which one may be convicted and punished. When one thinks of crimes, paradigmatic offenses are crimes like murder, rape, and robbery, but offenses like failure to register as an investment advisor are different. But in what way? One standard explanation is the distinction between two types of offenses, malum in se and malum prohibitum. Some offenses, like murder, are wrongs “in themselves” whereas other offenses, like investment advising without registering as an advisor, are wrongs because they have been prohibited. The question this Essay asks is how we should think about proportionality of punishment when punishing such mala prohibita offenses. This Essay presents a framework for such proportionality determinations and raises some challenges such a framework would need to confront. (shrink)

This paper elucidates the sense in which belief is a question-settling attitude. In her recent work, Jane Friedman suggests that we understand the settledness of belief in terms of a normative principle about belief and inquiry: one ought not inquire into a question and believe the answer to the question at the same time. On the basis of the distinction between dispositional and occurrent belief, I argue against Friedman that there is no principle linking belief and inquiry that is both (...) plausible and normative: on the dispositional reading of ‘belief’, such a principle is implausible; on the occurrent reading of ‘belief’, such a principle is not normative. I argue instead that the settledness should be understood as a descriptive relation between occurrent belief and inquiry: one cannot inquire into whether p while at the same time occurrently believing that p. (shrink)

Our main aim in this paper is to contribute towards a better understanding of the epistemology of absence-based inferences. Many absence-based inferences are classified as fallacies. There are exceptions, however. We investigate what features make absence-based inferences epistemically good or reliable. In Section 2 we present Sanford Goldberg’s account of the reliability of absence-based inference, introducing the central notion of epistemic coverage. In Section 3 we approach the idea of epistemic coverage through a comparison of alethic and evidential principles. The (...) Equivalence Schema–a well-known alethic principle–says that it is true that $p$ if and only if $p$ . We take epistemic coverage to underwrite a suitably qualified evidential analogue of the Equivalence Schema: for a high proportion of values of $p$ , subject $S$ has evidence that $p$ due to her reliance on source $S^{*}$ if and only if $p$ . We show how this evidential version of the Equivalence Schema suffices for the reliability of certain absence-based inferences. Section 4 is dedicated to exploring consequences of the Evidential Equivalence Schema. The slogan ‘absence of evidence is evidence of absence’ has received a lot of bad press. More elaborately, what has received a lot of bad press is something like the following idea: absence of evidence sufficiently good to justify belief in $p$ is evidence sufficiently good to justify belief in $\sim p$ . A striking consequence of the Evidential Equivalence Schema is that absence of evidence sufficiently good to justify belief in p is evidence sufficiently good to justify belief in $\sim p$ . We establish this claim in Section 4 and show how this supports the reliability of an additional type of absence-based inference. Section 4 immediately raises the following question: how can we make philosophically good sense of the idea that absence of evidence is evidence of absence? We address this question in Section 5. Section 6 contains some summary remarks. (shrink)

Sackris and Beebe (2014) report the results of a series of studies that seem to show that there are cases in which many people are willing to attribute knowledge to a protagonist even when her belief is unjustified. These results provide some reason to conclude that the folk concept of knowledge does not treat justification as necessary for its deployment. In this paper, we report a series of results that can be seen as supporting this conclusion by going some way (...) towards ruling out an alternative account of Sackris and Beebe’s results—the possibility that the knowledge attributions that they witnessed largely stem from protagonist projection, a phenomenon in language use and interpretation in which the speaker uses words that the relevant protagonist might use to describe her own situation and the listener interprets the speaker accordingly. With that said, we do caution the reader against drawing the conclusion too strongly, on the basis of results like those reported here and by Sackris and Beebe. There are alternative possibilities regarding what drives the observed knowledge attributions in cases of unjustified true belief that must be ruled out before, on the basis of such results, we can conclude with much confidence that the folk concept of knowledge does not treat justification as necessary for its deployment. (shrink)

In this paper, I suggest what I think is an appropriate characterization of aesthetic experience. I do this by critically assessing Noel Carroll’s position and Gary Iseminger’s counterposition. Carroll claims that aesthetic experience should be understood only as an experience of the aesthetic content of an object. Although I accept many of Carroll’s points, I find his position unconvincing. I contend that, in addition to the content, positive value plays a significant role as a constituent of aesthetic experience. Unlike Carroll, (...) Iseminger formulates a value centered view of aesthetic experience. However, I find Iseminger’s position even moreproblematic. Since having an aesthetic experience is such a general phenomenon, and does not seem to require an introspective response, neither a subject’s meta-belief, nor judgment concerning the value of her own experience, should be required. Also, I believe that intrinsic value is not necessary for aesthetic experience, because the value aesthetic experience has could be instrumental. I suggest that we can better characterize the aesthetic experience as anexperience of aesthetic contents combined with positive value. I reject the additional meta-belief requirement. (shrink)

While Sarah Hoagland's conception of a lesbian ethic offers a promising route toward articulating an ethics of resistance, her notion of self in community does not provide a conception of "subject" capable of both embracing political action as fundamental to personal life and explicitly recognizing cultural, ethnic, and sexual multiplicity as central to ethical decision-making. Such a notion can be found, however, in the remarks of later Wittgenstein concerning the "language games" of describing.

In this book, Keekok Lee asks the question, "what is an animal, and how does our treatment of it within captivity affect its status as a being ?" This ontological treatment marks the first such approach in looking at animals in captivity. Engaging with the moral questions of zoo-keeping (is it morally justified to keep a wild animal in captivity?) as well as the ontological (what is it that we conserve in zoos after all? A wild animal or its shadow?), (...) Lee develops her own original hypothesis, centred around the concept of "immuration"--defining this in contrast to domestication--and thereby provides a unique addition to the growing body of work on animal ethics. (shrink)

In the West, mainstream bioethicists tend to appreciate intimate relationships as a hindrance to individual autonomy. Scholars have even argued against approaching a mother to donate a kidney to save the life of her child; the request, they claim, is too manipulative and, thereby, violates her autonomy. For Chinese bioethicists, such a moral analysis is absurd. The intimate relationship between mother and child establishes strong mutual obligations. It creates mutual moral responsibilities that often require sacrifices for each other. This paper (...) argues that while aiding others is a moral duty, helping one’s family is a much stronger duty and poses no threat to one’s autonomy. For Confucianism, empathetic intimate feelings, the heart and mind of ren, rest at the root of morality. It requires that we, as moral beings, assume duties to relieve the suffering of others. The more intimate the relationship the stronger the obligation to assist. The family is a closely knitted moral community. Family members often share living resources, mutual experiences, and a sense of identity. Family members act as a social unit, and, ordinarily, mutual obligations among members have priority over duties to those outside of the family. For Confucian bioethics, family-based consent to medical treatment is regarded as natural and reasonable. Family-based decision making is a taken-for-granted norm of social life. While close family members have priority, Confucianism extends such obligations outward toward members of the extended family and the society at large. There is a general principle of gradation of love, which reflects different degrees of personal intimacy and, therefore, of moral obligation. In this fashion, Confucianism seeks to treat the whole of society as one extended family. Hence, in bioethics, mutual responsibility and family-based consent are regarded as basic principles. Through a series of case discussions, this paper illustrates that atomistic individual-based autonomy offers but a poor response to bioethical issues. (shrink)

This paper critically appraises the arguments that have been offered for what can be called ‘the expressive function of punishment’. According to this view, what distinguishes punishment from other kinds of non-punitive hard treatment is that punishment conveys a censorial/reprobative message about what the punished has done, and that this expressive function should therefore be accepted as part of the nature and definition of punishment. Against this view, this papers argues that the standard account of punishment, according to which punishment (...) is a kind of hard treatment that is imposed on an alleged offender in response to her alleged wrongdoing, can already properly account for punishment and distinguish it from other kinds of hard treatment when it is properly clarified and understood. Thus there is no need to accept the expressive function of punishment in addition to the standard account when it comes to the nature and definition of punishment. (shrink)

The view that human beings begin to exist at fertilization (namely conceptionism) faces a serious challenge from the twinning argument, that identical twins coming from the same zygote must be numerically distinct from the zygote and so did not exist at fertilization. Recently, some philosophers have claimed that the twinning argument rests on a particular metaphysical theory of persistence, namely endurantism, on which a human being, for example, is wholly present at every moment of her existence. And we can easily (...) refute the argument, they claim, by employing perdurantism or exdurantism, according to which a human being is a temporally extended entity with temporal parts or a momentarily existing stage who has other momentarily existing stages as counterparts. I argue that such claims are mistaken. The twinning argument does not rest on endurantism and can be formulated in terms of perdurantism to provide a good reason for perdurantists to reject conceptionism. And exdurantism does not have any advantage in defending conceptionism either, for it already concedes more than what the twinning argument aims to show. (shrink)

“A Phenomenology of Seeing and Affect in a Polarized Climate,” focuses on the polarized political climate that reflects racial and class differences in the wake of the Trump election. She explores how to see differently about those with whom one disagrees—that is in this specific scenario for Lee, the Trump supporters, including Asian American members of her own family. Understanding Maurice Merleau-Ponty’s exploration of the interstice between the visible and the invisible, if human beings are to see otherwise, we need (...) to disrupt the ready association between the visible and the invisible. Here, she explores the function of affect for the possibility of this break. The phenomenological understanding of emotion does not necessarily empower emotion with any sort of superlative force, especially over reason. But a subject’s emotion chiasmatically reflects the world and vice versa. The caustic and strong emotions felt by people about this presidency reflects the entrenched political climate in our society and chiasmatically the entrenched political climate embroils people in strong emotions that make it difficult to see those with whom we disagree as people we can trust and consider reasonable. To break out of this standoff, to see differently about Trump supporters, one needs to feel differently about them as well. (shrink)

Natalie Stoljar posits that those who have internalized oppressive norms lack normative competence, which requires true beliefs and critical reflection. A lack of normative competence makes agents nonautonomous, according to Stoljar. This framework is thereby meant to address what she calls the “feminist intuition”—the intuition that oppressive norms are incompatible with autonomy. On my view, however, Stoljar’s normative competence account of autonomy is subject to a worrying problem. Her account misattributes nonautonomy to those who perpetrate the oppression, making those who (...) are oppressed and those who oppress count as equally nonautonomous. I argue that this is implausible and demonstrate in this paper that we can establish an asymmetry of autonomy between those who oppress others and those who are made the target of oppression. (shrink)

According to a prominent family of theories of blameworthiness, quality of will theories, a person is blameworthy for an action if and only if, and to the degree that, her will manifested in that action is bad. A puzzle for such theories is that (the degree of) blameworthiness appears to be affected by several factors beyond how bad the manifested will is. Among such factors are certain types of incompetence of the agent, the outcome of the action, the developmental history (...) of the agent (e.g., an unfortunate upbringing), and the time between action and blame. I defend a novel account of the nature of blame by appeal to its unique capacity to explain away these puzzling intuitions in a unified way. I argue that the account, in addition to being independently plausible, allows us to view those intuitions as products of a systematic yet understandable confusion between the issue of blameworthiness and some other separate issue. (shrink)

In her article “Shrinking Poor White Life Spans: Class, Race, and Health Justice," Erika Blacksher poses a provocative question: “How ought we ethically evaluate [the] life-span contraction in low-...

Researchers have recognized that interpersonal trust consists of different dimensions. These dimensions suggest that trust can be rational, cognitive, or affective. Affect, which includes moods and emotions, is likely to have a direct impact on the affective dimension. On the other hand, there are also studies showing that affect indirectly influence cognitive judgments. Nonetheless, in this chapter we argue that the impact of affect on judgment will not be the same on all individuals. In effect, the impact varies, depending on (...) the individual's attention to affect, motivation to use or guard against affect, or regulation of affect. All this may suggest that an individual's abilities or tendencies to manage affect will have implication on his or her trust relationships with others. (shrink)

For Hannah Arendt, the federal system is an effective mode of organizing different sources of power while avoiding sovereign politics. This article aims to contribute two specific claims to the burgeoning scholarship on Arendt's international federalism. First, Arendt's international thoughts call for balancing two demands: the domestic need for human greatness and flourishing and the international demand for regulation and cooperation. Second, her reflections on council-based federalism offer a nuanced position that views the dual elements of equality in politics (intra-state (...) and interstate equality) as neither contradictory nor reconciliatory but rather as ideal types along a continuum. This study shows that, through the unique form of federalism emphasizing the need to balance two demands of free politics with a clear acknowledgement of its precariousness, Arendt's thinking adds much-needed sensitivity to international discourse. (shrink)

Vernon Lee was the pseudonym of the British writer Violet Paget (1856-1935). She is known mostly for her supernatural fiction. She also wrote essays and poetry. She contributed to The Yellow Book and was a follower of Walter Pater. Her literary works explored the themes of haunting and possession. She was responsible for introducing the concept of empathy into the English language. Empathy was a key concept in Lee's psychological aesthetics which she developed on the basis of prior work by (...) Theodor Lipps. Her response to aesthetics interpreted art as a mental and corporeal experience. This was a significant contribution to the philosophy of art which has been largely neglected. Additionally she wrote, along with her friend and colleague Henry James, critically about the relationship between the writer and his/her audience pioneering the concept of criticism and expanding the idea of critical assessment among all the arts as relating to an audience's (or her personal) response. She was a strong proponent of the Aesthetic movement. Among her famous works are: A Phantom Lover (1890), Hauntings (1890) and Art and Life (1896). (shrink)

Harris details her travels through 67 countries over twelve years. Questions about how a person's values form his or her life, and how life expresses those values evoke additional philosophical thought about this volume.

In City of God 19.24, Augustine rejects Cicero's definition of res publica as a society founded on justice for a new definition focused on common objects of love. Robert Markus, Oliver O'Donovan, and a host of Augustinian political theologians have depicted this move as a positive gesture toward secular society. Yet this reading fails to account for why Augustine waited so long to address Cicero's definition, first discussed in Book 2, and for the radical dualism Augustine sets forth between the (...) two cities throughout his text. I argue, in line with Rowan Williams and John Milbank, for a minority reading of Book 19 that draws upon the narrative structure of City of God. In Books 3–5, Augustine recounts the history of the earthly city according to Rome's penchant for violence and idolatry, both a function of love for temporal goods. In Book 18, Augustine traces the history of the earthly city before Rome according to the same themes, completing a narrative argument that humanity has always been divided according to differing loves. Book 19 advances the idea that such idolatry is injustice—a failure to grant God the worship he is due. With the new definition of 19.24, Augustine retains Cicero's emphasis on the importance of virtue in civic society while characteristically shifting the terms of discussion from justice to love. While such a definition means that Rome can be called a res publica, it also prompts a negative judgment upon her history according to her objects of love. Given her violence and idolatry, Rome is no better than Assyria, Babylon, Egypt, and Greece—all subject to withering critique in Book 18. Thus, Augustine's new definition does not retract but extends the polemic of City of God. (shrink)

The Crisis of Judgment in Kant's Three Critiques is intended as an analysis and reconstruction of the role of the faculty of judgment as it evolves through the course of Kant's critical philosophy. It offers an analysis of the mental power of judgment and systematically develops its links to feeling, cognition, and the will. In the introductory chapter, Scherer spells out the two guiding questions of her study: How does judgment relate systematically to understanding, reason, and the will? Is judgment (...) constitutive or regulative? Scherer's study emphasizes the architectonic and antinomic nature of reason in Kant, thereby stressing the necessarily resolutive function of judgment. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Toward Mindful Music Education:A Response To Bennett ReimerSandra L. StaufferIn her book Composing a Life, Mary Catherine Bateson reminds us to acknowledge our antecedents—those who have gone before in whatever way or whatever path.1 I believe we should also acknowledge our co-conspirators—those who have listened to us and wrestled with our ideas. Following Bateson, I wish to recognize the contributions of my teachers and my colleagues, particularly the members (...) of the doctoral seminar at Arizona State University. I am grateful for your contributions to the life of my mind and the words of this morning. For the record, I also want to say that Bennett Reimer is both antecedent and co-conspirator for everyone in this room, and we are indebted to him."The first task of philosophy involves learning to ask a good question," says Walter Feinberg in his essay on the philosophical scholar.2 Reimer asks us, "Who is philosophy of music education for?"—a provocative question indeed. He also gives us an answer: K-12 students.I agree, but not really. How can that be? Imagine this. A music teacher I know, Stephanie, was engaged with some first-grade children in singing songs and moving and reading rhythms. She turned to write on the white board. When she turned back to the children, one boy, Alex, was standing, perfectly still, on his head. What happened next? I will tell you in few minutes. Reimer says, "Philosophical issues are not disconnected to or incidental to musical experience. [End Page 135] They are foundational for musical experience, because one's values, beliefs, desires, preferences, and so forth, directly affect how one engages with music and what one gets from doing it." Abridging those two sentences at my own peril, Reimer appears to be saying that philosophical issues are foundational to musical experience.That idea works for me only if I am standing, figuratively and metaphorically, not literally, on my head. It seems to me that experience is the foundation of philosophy or, put another way, that one's philosophy derives from one's experiences; the richer the experiences, the richer the philosophy. A philosophy based on limited or weak experience is a limited or weak philosophy. This, however, is only surface-level logic for a deeper epistemological question—where does one's philosophy come from? If I take the Deweyan perspective that philosophy derives from experience, then surely I am obligated, in this forum, to define my terms—particularly "experience." It would be easy to say that experience means making music and listening to music, and surely it does. By experience, however, I mean not only these actions—the doing of music—but also thinking, or what Ellen Langer calls mindfulness.3 Langer describes mindful learning as having three characteristics: "the continuous creation of new categories; openness to new information; and an implicit awareness of more than one perspective."4 I like how Robert Duke articulates the same idea: "Teach things that are intellectually interesting and functionally valuable."5 Engage students not just in doing, but also in thinking—in mindful learning. Rich experience makes for rich philosophy. If we are talking about music education at all levels that is not only participatory, but also mindful, then I am all for it.Reimer asks a second question: how are we to accomplish the teaching of philosophy to K-12 students? I want to know what we are trying to accomplish. Are we trying to teach the content of philosophy or are we trying to help students develop their own abilities to think about their experiences as musicians, whether as listeners or as music makers, in whatever contexts they find themselves? The former seems to be a reification of philosophy in which I am not eager to engage most K-12 students. I hope we are aiming for the latter. If so, then our task is to provide rich and mindful experiences in every music setting. Our task is to model the disposition of a philosopher—one who asks questions, is curious, and is engaged in the life of the mind.This seems so obvious. Why aren't we doing it already? There... (shrink)

In this chapter, Lee considers contemporary consequentialist theories of punishment. Consequentialist theories look to the consequences of punishment to justify the institution of punishment. Two types of theories fall into this category—teleology and aggregationism. Lee argues that teleology is implausible because it is based on a problematic assumption about the fundamental value of criminal punishment. Aggregationism is a more reasonable alternative. It holds that punishment is morally justified because it is an institution that helps society to aggregate important moral values. (...) Several theories fall into this category, including general deterrence theories, specific deterrence theories, and preventionism. Lee critically evaluates these theories and argues that only one specific deterrence theory, namely, her rights-protection theory, provides the most reasonable consequentialist account of punishment. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Going Polyphonic I: With Namita Goswami et al.Alyson Cole and Kyoo LeeThis time around, we go polyphonic.The articles in the next two issues, Vol. 13 and Vol. 14, explore critical questions, paradigm-shifting idseas, and fresh connections arising from the intimately networked fields of intersectional, decolonial, and trans studies today. “Polyphonia,” a term we borrowed from music, is meant to characterize ways in which each piece as in a “note” (...) remains distinctly their own while dialogically and dynamically connected to an evolving ecosystem of ideas and visions in the making. As an umbrella term, it is meant to shelter resonances from each article that speaks directly not only of, but to, theory today by doing it in their own way.In this issue, we are presenting “A Forum on Namita Goswami’s Subjects That Matter.” It consists of seven responses to Goswami’s pioneering work on intersectionality as exemplified by her recent book, Subjects That Matter: Philosophy, Feminism, and Postcolonial Theory (SUNY Press, 2019) as well as the earlier co-edited volume, Why Race and Gender Still Matter: An Intersectional Approach (Routledge, 2014, co-edited by Maeve M. O’Donovan, Namita Goswami, and Lisa Yount). What is polyphonic about this assemblage is its interlocutory structure and orientation: each scholar—Al Frankowski, Falguni Sheth, Jennifer Scuro, Lauren Guilmette, Luce deLire, Russell Ford, and Tyler M. Williams, all coming from different angles, perspectives, and positions—discusses their reading of Goswami on intersectionality while showing how and where their own scholarship meets hers. Goswami, in turn, responds to each response while providing a synthesized account of what she gleans from this choral interaction, what she finds inspiring, as well as challenging. The articles in the next issue, [End Page 1] Vol. 14, following the forum, will virtually continue the music, although not in direct response to Goswami’s work.We hope you will join us in this somewhat experimental virtual symposium that is not even on Zoom. We hope you will join us in thinking that this more literalized model of a “scholarly conversation,” actual and virtual, vitally embodies the very spirit of interdisciplinary, intergenerational, intercontinental intersectionality as a conversation, ongoing intellectual encounters among many of us in various “sub-fields,” for the lack of a better word, that, again literally, cannot be neatly contained in any disciplinary terms, boxes, or territories.The tranScripts section in this issue consists of two entries, the first of which is the fourth installment of Mieke Bal’s Moments of Meaning-Making, J–L. Then we have Margaret Carson’s translation of Juliana González on Remedios Varo.Again, this issue has been a labor of collective love. We would like to thank all the brilliant authors and extraordinarily generous and helpful peer reviewers for this issue, not to mention the ever so resourceful and skillful editorial staff at the press we constantly rely on for expert guidance and feedback, all of whom have been inspirations for us editors. [End Page 2]Copyright © 2024 State University of New York... (shrink)

The Clinical Pastoral Education (CPE) model forthe provision of spiritual care represents theemergence of a secularized professionalpractice from a religiously-based theologicalpractice of chaplaincy. The transformation ofhospital chaplaincy into “spiritual careservices” is one means by which religioushealthcare ministry negotiates modernity, inthe particular forms of the secular realm ofbiomedicine and the pluralism of thecontemporary United States healthcaremarketplace. “Spiritual” is a labelstrategically deployed to extend the realm ofrelevance to any patient's “belief system,”regardless of his or her religious affiliation.“Theological” language is recast as a (...) tool forconceptualizing the “spiritual lens.” Suchmoves transform chaplaincy from a peripheralservice, applicable only to the few “religious”patients, into an integral element of patientcare for all. Such a secularized professionalpractice is necessary to demonstrate therelevance and utility of spiritual care for allhospital patients in an era of cost-containmentpriorities and managed care economics. (shrink)

This chapter focuses on Martin Heidegger, who describes people's lives as “indifferent” until they experience angst, the genuine fear resulting from the realization that death is inevitable. There are many ways to experience angst. It could result from a near‐death experience (like Doctor Stephen Strange's car accident), the death of a loved one, or even from exposure to a work of art—such as the film Doctor Strange. Philosophers have argued for decades about Heidegger's affiliation with the Nazis, some claiming that (...) one should not read his philosophy because of this taint. A similar issue also arises when Strange discovers that the Ancient One had been drawing power from the Dark Dimension to extend her life. Once the Ancient One recognizes that Doctor Strange could replace her, she is ready to accept death, even though she prolongs the final moment to enjoy her last sight of snow. (shrink)

According to a Kantian-Brandomian view of concepts, we can understand concepts in terms of norms or rules that bind those who apply them, and the use of a concept requires that the concept-user be sensitive to the relevant conceptual norms. Recently, Ginsborg raises two important objections against this view. According to her, the normativity Brandom ascribes to concepts lacks the internalist or first-person character of normativity that Kant’s view demands, and the relevant normativity belongs properly not to concepts as such, (...) but rather to belief or assertion. The purpose of this paper is to defend a Kantian-Brandomian view of concepts against these objections. (shrink)

Drawing on her 35-year plus experience in the classroom, Lisa Lee has transformed her extensive and authentic teaching experience into a contagious passion and energy with a specialization in Gifted and Talented programs and a focus on the students who don't always fit in a box. The Heart of Teaching is a book about her experience as a teacher, and the students she both taught and learned from, and the lessons she garnered as someone who always taught from the heart.

Hospitalized patients lacking the mental capacity to consent to treatment may demand to be discharged from the hospital against medical advice. Forced custody of these patients, including the use of restraints, may be required if the plan is to proceed with treatment. This raises ethical concerns with regard to depriving people of their liberty. The determination of the wishes and values of the patient and her best interests may sometimes vary, depending on the assessor or the clinical team entrusted to (...) perform the evaluation. We therefore propose the following triad for clinicians when determining the best interests for this group of patients to ensure ethical and legal soundness as well as in providing consistency in approach. Firstly, the treatment should serve as a rescue response. Secondly, any restraint deployed must be proportionate with a foreseeable end. Her liberty and autonomy interests should be enhanced by the treatment. Thirdly, the patient’s family must be supportive. This paper analyzes the use of the triad approach on two clinical cases, both assessed as lacking in mental capacity to decide on treatment and insisting to be discharged. Using this approach, we could justify how the contrasting outcomes, one in which the voluntary discharge was acquiesced versus the other, which was not acquiesced, were reached. We also examine the compatibility of the triad approach with the obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). (shrink)

In this paper, I examine a case for fundamental indeterminacy (FI) by Elizabeth Barnes and offer my counterarguments. Barnes' account of FI includes both the characterization of FI and why we need to accept it. I argue that her reasons for accepting FI can be challenged even when we accept her characterization of FI. Her main claim is that finding a fundamental proposition that our fundamental theory is indeterminate about (FPF) gives us a reason to accept FI in metaphysics. I (...) challenge her claim by pointing out more plausible options to address FPFs. An FPF may either indicate that the theory is nonfundamental or lead us to accept the antirealist view; there is no room for FI in either option. One may insist on accepting FI, but I argue that it is not theoretically rewarding enough. Hence, Barnes' case for FI can be contested. (shrink)

This paper attempts to delineate the interaction between trust, emotion, and ethical decision making. The authors first propose that trust can either incite an individual toward ethical decisions or drag him or her away from ethical decisions, depending on different situations. The authors then postulate that the feeling of guilt is central in understanding how trust affects the ethical decision making process. Several propositions based on these assumptions are introduced and implications for practice discussed.