Some health care organizations allow physicians to withhold cardiopulmonary resuscitation from a patient, despite patient or surrogate requests that it be provided, when they believe it will be more harmful than beneficial. Such cases usually involve patients with terminal diagnoses whose medical teams argue that aggressive treatments are medically inappropriate or likely to be harmful. Although there is state-to-state variability and a considerable judicial gray area about the conditions and mechanisms for refusals to perform CPR, medical teams typically follow a (...) set of clearly defined procedures for these decisions. The procedures are based on the principle of nonmaleficence and typically include consultation with hospital ethics committees, reflecting the guidelines of relevant professional associations. Ethical debates about when CPR can and should be limited tend to rely more on discussions of theory, principles, and case studies than systematic empirical study of the situations in which such limitations are applied. Sociologists of bioethics call for empirical study, arguing that what ethicists and health professionals believe they are doing when they draft policies or invoke principles does not always mirror what is happening on the ground. In this article, we begin the task of modeling the empirical analyses sociologists call for, focusing on a cohort at Massachusetts General Hospital. We inductively analyzed ethics committee notes and medical records of nineteen patients whose surrogates did not accept the decision to withhold CPR. (shrink)

This richly suggestive book challenges many of our fundamental assumptions about ourselves and our world."—Mark C. Taylor, New York Times Book Review "Dazzling analysis. . .

The proliferation of news and information sources has motivated a need to identify those providing legitimate journalism. One temptation is to go the route of such fields as medicine and law, namely to formally professionalize. This gives a clear method for determining who is a member, with an array of associated responsibilities and rewards. We argue that making such a formal move in journalism is a mistake: Journalism does not meet the traditional criteria, and its core ethos is in conflict (...) with the professional mindset. We thus shift the focus from whether the person is journalist to whether the work satisfies the conditions that characterize legitimate journalism. In explaining those conditions we also look at mechanisms for enhancing the power of persons doing journalism, drawing upon lessons from the labor movement. We also consider a self-declaration model while urging increased literacy from all participants in the news gathering and consuming enterprise. (shrink)

Like all human activities, scientific research is infused with values. Scientific discovery can, for example, be valued as an end in itself. The phrase ethical values is an umbrella term for much of what people care about aside from knowledge for its own sake. Ethical values encompass reasons for caring about the harms caused by climate impacts or the injustice of how those harms are distributed. The closer that research gets to informing real-world actions, the more the design of that (...) research can be examined from the perspective of ethical values. Which societal challenges does the research aim to inform? From whose perspective does a policy analysis view potential outcomes? In this chapter we use a series of examples to illustrate how researchers’ choices regarding the treatment of uncertainties can have important consequences from the perspective of ethical values. Our aims in this chapter are: to familiarize readers with the key concept of coupled ethical–epistemic choices; to build capacity for recognizing such choices within the treatment of uncertainties; to encourage engagement with ethical values as a part of climate change research; and to offer some guidance on how to start doing so. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 39.1 (2006) 45-71 [Access article in PDF] Presencing "Communion" in Chaïm Perelman's New Rhetoric Richard Graff Wendy Winn Department of RhetoricUniversity of MinnesotaOver the second half of his long and distinguished career, Chaïm Perelman reiterated the central themes of his theory of rhetoric many times. As the audience for his work expanded, Perelman was repeatedly invited to summarize the principles presented in La nouvelle rhétorique, (...) his magnum opus authored in collaboration with Lucie Olbrechts-Tyteca, which appeared in 1958. On these occasions, he would often attempt to clarify or refine the major concepts presented in that treatise. Nevertheless, even today many aspects of Perelman's work remain enigmatic. In outline, The New Rhetoric itself conveys a sense of structural and theoretical clarity, but for many readers this first impression evaporates when they confront the complexity and detail of the work's exposition. In the preface to their new study of Perelman, Alan Gross and Ray Dearin observe:The New Rhetoric is difficult to read, a task made even more difficult for American audiences because virtually all its examples and illustrations are from a literature in a foreign language.... Moreover, Perelman's later attempts to achieve clarity, in The Realm of Rhetoric, and numerous shorter articles, are equally puzzling. Consequently, some of Perelman's best ideas are virtually buried in a very long work, and therefore largely lost even to the most careful readers. In addition, on such central issues as the relationship between rhetoric and philosophy Perelman remains maddeningly obscure. (2003, ix) While Perelman's status as a pioneering figure in the rejuvenation of rhetorical study in Continental Europe is secure, as is his placement among the canonical twentieth-century theorists by American scholars, such difficulties constitute an impediment to contemporary understanding and future appreciation of his achievement; and the sprawling character of The New Rhetoric certainly has not helped to counteract the less [End Page 45] sympathetic reception his work has received in some corners of rhetorical and argumentation studies.1Gross and Dearin's volume joins several other recent studies that have contributed to the untangling of Perelman's thought and to the profitable application of his ideas.2 Still, some of Perelman's "best ideas" remain buried and sorely in need of excavation. Chief among these are considerations prompted by Perelman's use of the evocative yet mysterious term "communion." Although communion appears repeatedly among the panoply of concepts and argumentative techniques described in The New Rhetoric, explicit discussion of it there is brief and scattered, and the subject receives only glancing mention in Perelman's subsequent publications. In turn, communion has been all but ignored in the scholarship responding to or extending Perelman's work.3 This is even the case in studies where one would expect to see more serious engagement with Perelman's ideas on the subject—notably, in those that consider the status of values in argumentation and the role of rhetoric in the constitution and maintenance of community.4In this essay, we offer a detailed analysis of Perelman's conception of communion and, in the course of endowing the concept with greater "presence," aim to show its rich implications for these areas of inquiry. We argue that the idea of communion is a vital, if understated, component of Perelman's proposed "new rhetoric." Like other aspects of Perelman's theory, however, it is an expansive and somewhat slippery notion. In The New Rhetoric, communion is used in a very general sense as the term denoting a community's agreement on questions of value, but also, more narrowly, as an objective sought in certain forms of discourse and as an effect of specific linguistic-stylistic devices. The exegesis needed to indicate the subtle links between these senses will enable us to describe the manner in which Perelman endeavored to integrate the technical lore inherited from the classical tradition of rhetoric with a broadly social and determinedly pluralisticconception of argumentation.We begin by examining communion in relation to Perelman and Olbrechts-Tyteca's ideas... (shrink)

This paper discusses the ethical and regulatory issues raised by ‘‘intragenics’’ – organisms that have been genetically modified using gene technologies, but that do not contain DNA from another species. Considering the rapid development of knowledge about gene regulation and genomics, we anticipate rapid advances in intragenic methods. Of regulatory systems developed to govern genetically modified organisms (GMOs) in North America, Europe, Australia, and New Zealand, the Australian system stands out in explicitly excluding intragenics from regulation. European systems are also (...) under pressure to exclude intragenics from regulation. We evaluate recent arguments that intragenics are safer and more morally acceptable than transgenic organisms, and more acceptable to the public, which might be thought to justify a lower standard of regulation. We argue that the exemption of intragenics from regulation is not justified, and that there may be significant environmental risks associated with them. We conclude that intragenics should be subject to the same standard of regulation as other GMOs. (shrink)

Intensive care nurses, like professionals in other intense occupations characterized by high degrees of uncertainty, manage the emotions that result from their work both on and off the job. We focus on the job strategies – calling‐in, sharing their experiences with others and engaging in a range of activities oriented to emotional recovery – that 37 intensive care nurses use to manage their emotions off the job. These strategies show how the social organization and division of labor in intensive care (...) units influences nurses' emotional management outside of them and how organizational troubles for hospitals becomes personal ones for staff. They further support theoretical approaches that view emotions as dynamic elements belonging to individuals rather than aspects of people that can be fully appropriated by organizations. (shrink)

Ethics and Education, Volume 6, Issue 3, Page 213-215, October 2011.

We agree with Faunce’s proposal that academic legitimacy is important in ensuring that whistle-blowing is included in medical curricula. We disagree, however, with the assertion that this is best achieved by means of an over-arching theoretical foundation for health care whistle-blowing of the kind suggested by Faunce. We propose that systematic theoretical justification is neither the sole nor the main determinant of academic legitimacy when it comes to matters for inclusion in medical school curricula, and outline an alternative view, together (...) with a practical example of a healthcare whistle-blowing topic. (shrink)

Tolerance is generally regarded as an unqualified achievement of the modern West. Emerging in early modern Europe to defuse violent religious conflict and reduce persecution, tolerance today is hailed as a key to decreasing conflict across a wide range of other dividing lines-- cultural, racial, ethnic, and sexual. But, as political theorist Wendy Brown argues in Regulating Aversion, tolerance also has dark and troubling undercurrents. Dislike, disapproval, and regulation lurk at the heart of tolerance. To tolerate is not to (...) affirm but to conditionally allow what is unwanted or deviant. And, although presented as an alternative to violence, tolerance can play a part in justifying violence--dramatically so in the war in Iraq and the War on Terror. Wielded, especially since 9/11, as a way of distinguishing a civilized West from a barbaric Islam, tolerance is paradoxically underwriting Western imperialism. Brown's analysis of the history and contemporary life of tolerance reveals it in a startlingly unfamiliar guise. Heavy with norms and consolidating the dominance of the powerful, tolerance sustains the abjection of the tolerated and equates the intolerant with the barbaric. Examining the operation of tolerance in contexts as different as the War on Terror, campaigns for gay rights, and the Los Angeles Museum of Tolerance, Brown traces the operation of tolerance in contemporary struggles over identity, citizenship, and civilization. (shrink)

Lloyd (2009) contends that climate models are confirmed by various instances of fit between their output and observational data. The present paper argues that what these instances of fit might confirm are not climate models themselves, but rather hypotheses about the adequacy of climate models for particular purposes. This required shift in thinking—from confirming climate models to confirming their adequacy-for-purpose—may sound trivial, but it is shown to complicate the evaluation of climate models considerably, both in principle and in practice.

'Is politics gendered? Wendy Brown things so, and argues for this point with elegance, imagination and pungent phrases. Brown's book is challenging, provocative and...original; it does force us to question the degree to which gender controls our politics.'-THE REVIEW OF POLITICS.

Wendy Donner contends here that recent commentators on John Stuart Mill's thought have focused on his notions of right and obligation and have not paid as much attention to his notion of the good. Mill, she maintains, rejects the quantitative hedonism of Bentham's philosophy in favor of an expanded qualitative version. In this book she provides an account of his complex views of the good and the ways in which these views unify his moral and political thought.

DIVA reader aimed at revitalizing left legal and political critique./div.

In Sleeping with Extra-Terrestrials , Wendy Kaminer argues that we are a society intoxicated by the irrational: religion, spirituality, and popular therapies threaten to replace rational thought with supernaturalism and impassioned but unexamined personal testimony. Ranging from our fascination with angels, aliens, and near- death experiences to the rise of junk science, the recovery movement, and the digital culture, Kaminer points out the amusing and ominous effects of our deference to spiritual authorities and resistance to critical thinking. She questions (...) conventional wisdom about the association of religious belief with virtue, identifying the sectarianism of efforts to establish religion in the public square. With both wit and empathy, Kaminer takes on what many people hold sacred. Kaminer is an eloquent and incisive critic and rationalist living in a superstitious, evangelical age. In Sleeping with Extra-Terrestrials she challenges us to exercise skepticism, reason, and irreverence and to appreciate the pleasures of free inquiry. (shrink)

Increasingly there are calls for climate services to be “co-produced” with users, taking into account not only the basic information needs of users but also their value systems and decision contexts. What does this mean in practice? One way that user values can be incorporated into climate services is in the management of inductive risk. This involves understanding which errors in climate service products would have particularly negative consequences from the users’ perspective (e.g., underestimating rather than overestimating the change in (...) an impact variable) and then prioritizing the avoidance of those errors. This essay shows how inductive risk could be managed in climate services in ways that serve user values and argues that there are both ethical and practical reasons in favor of doing so. (shrink)

Author's interpretation on Kinh Dịch in Vietnam.

The Supreme Court ended its last term by making unconstitutional a choice Brown v. Board of Education once required - the voluntary, and race conscious, pursuit of integration - to little public outcry. As a society, we continue to find comfort in segregation. This Article argues that this acceptance is wrong, both educationally and constitutionally. It does so through the lens of teacher segregation, a topic all but ignored in the current literature. The first step of this argument is demonstrating, (...) by an original empirical study, the segregation of teachers, thereby proving a more profound school segregation than is generally recognized. The second step establishes, through an extensive review of the existing social science literature, that the typical minority student benefits from integration because it ensures a fundamental resource - experienced teachers. Lastly, the inherent inequality of segregation should have constitutional implications. While the Rehnquist Court utilized an interest balancing approach to the Equal Protection clause and recognized the constitutional harms of segregation, the Roberts Court has begun to minimize the Equal Protection to concern only capitalizing individual treatment and has erred in creating a "constitutional chill" toward the value of integration. (shrink)

This revised version of the author’s 1985 article “Contra Copyright” includes a new, introductory section explaining the background of the author’s path to copyright abolitionism. The main article surveys various libertarian debates on this issue, including the anti-intellectual property views of Benjamin Tucker and the pro-IP views of Lysander Spooner. McElroy argues that the issue of copyright hinges on the question: can ideas be property? Because only scarce goods can be property, and ideas are not scarce, copyright must be rejected (...) as unjustified. (shrink)

Eco-Nihilism: The Philosophical Geopolitics of the Climate Change Apocalypse argues that there are no versions of conquest capital compatible with the fact of a finite planet, and that the pursuit of growth is destined to not only exhaust our planetary resources, but generate profound social injustice and geopolitical violence in its pursuit.

This book focuses on the role of photographs embedded in specific films to look at how we understand images. The book also explores how the viewer s perceptions of the photos are vital to the understanding and interpretation of each of the films discussed.".

The scope of the book is to offer guidelines to doing philosophy with children and young people using some familiar fairy tales.

_John Stuart Mill_ investigates the central elements of the 19th century philosopher’s most profound and influential works, from _On Liberty_ to _Utilitarianism_ and _The Subjection of Women_. Through close analysis of his primary works, it reveals the very heart of the thinker’s ideas, and examines them in the context of utilitarianism, liberalism and the British empiricism prevalent in Mill’s day. • Presents an analysis of the full range of Mill’s primary writings, getting to the core of the philosopher’s ideas. • (...) Examines the central elements of Mill’s writings in easily accessible prose • Places Mill’s work and thought within the larger cultural and social context of 19th century Britain • Illustrates the continued relevance of Mill’s philosophy to today’s reader. (shrink)

Why do some national movements use violent protest and others nonviolent protest? Wendy Pearlman shows that much of the answer lies inside movements themselves. Nonviolent protest requires coordination and restraint, which only a cohesive movement can provide. When, by contrast, a movement is fragmented, factional competition generates new incentives for violence and authority structures are too weak to constrain escalation. Pearlman reveals these patterns across one hundred years in the Palestinian national movement, with comparisons to South Africa and Northern (...) Ireland. To those who ask why there is no Palestinian Gandhi, Pearlman demonstrates that nonviolence is not simply a matter of leadership. Nor is violence attributable only to religion, emotions or stark instrumentality. Instead, a movement's organizational structure mediates the strategies that it employs. By taking readers on a journey from civil disobedience to suicide bombings, this book offers fresh insight into the dynamics of conflict and mobilization. (shrink)

Whether in characterizing Catharine MacKinnon's theory of gender as itself pornographic or in identifying liberalism as unable to make good on its promises, Wendy Brown pursues a central question: how does a sense of woundedness become the basis for a sense of identity? Brown argues that efforts to outlaw hate speech and pornography powerfully legitimize the state: such apparently well-intentioned attempts harm victims further by portraying them as so helpless as to be in continuing need of governmental protection. "Whether (...) one is dealing with the state, the Mafia, parents, pimps, police, or husbands," writes Brown, "the heavy price of institutionalized protection is always a measure of dependence and agreement to abide by the protector's rules." True democracy, she insists, requires sharing power, not regulation by it; freedom, not protection.Refusing any facile identification with one political position or another, Brown applies her argument to a panoply of topics, from the basis of litigiousness in political life to the appearance on the academic Left of themes of revenge and a thwarted will to power. These and other provocations in contemporary political thought and political life provide an occasion for rethinking the value of several of the last two centuries' most compelling theoretical critiques of modern political life, including the positions of Nietzsche, Marx, Weber, and Foucault. (shrink)