This Article discusses the impact of the international financial crisis on Brazilian capital markets. While the banking industry was not severely affected, leading nonfinancial corporations experienced severe financial turmoil. Two Brazilian corporations cross-listed in the United States - Sadia S.A. and Aracruz Celulose S.A. - suffered billion-dollar losses when the Brazilian real unexpectedly plummeted in relation to the dollar. Despite earlier disclosure that these companies had engaged only in pure hedging activity, these great losses were found to be the result (...) of their highly speculative trading in currencyderivatives. Consequently, several private lawsuits were filed both in the United States and in Brazil. This Article takes a novel approach to the transnational securities litigation debate by examining the particular consequences of private litigation in a developed and in an emerging country. It compares the types of lawsuits filed and their final outcomes. Despite substantially similar alleged wrongdoing, the outcomes for securities holders in each jurisdiction contrast strikingly. Only U.S. investors of both companies were able to obtain substantial financial recoveries; Brazilian investors obtained none. This Article examines the reasons behind these discrepant results and the consequent economic distributional effects on global securities markets after the U.S. Supreme Court decision in Morrison. The Article argues that Morrison aggravates such shareholder cross-border non pro rata compensation and transfers of company value from foreign to U.S. investors. It identifies a set of costs borne by foreign investors, and so far neglected by scholars, as a consequence of the current status of U.S. and international securities law regimes. These costs are the result not only of the typical “circularity problem” in securities litigation, but also of a “double circularity problem” as they fall on foreign shareholders who also suffered equivalent damages to those experienced by the U.S. class being compensated. The Article then discusses potential policy reforms for fixing transnational securities litigation. (shrink)

As COVID-19 drags on and new vaccines promise widespread immunity, the world's attention has turned to predicting how the present pandemic will end. How do societies know when an epidemic is over and normal life can resume? What criteria and markers indicate such an end? Who has the insight, authority, and credibility to decipher these signs? Detailed research on past epidemics has demonstrated that they do not end suddenly; indeed, only rarely do the diseases in question actually end. This article (...) examines the ways in which scholars have identified and described the end stages of previous epidemics, pointing out that significantly less attention has been paid to these periods than to origins and climaxes. Analysis of the ends of epidemics illustrates that epidemics are as much social, political, and economic events as they are biological; the “end,” therefore, is as much a process of social and political negotiation as it is biomedical. Equally important, epidemics end at different times for different groups, both within one society and across regions. Multidisciplinary research into how epidemics end reveals how the end of an epidemic shifts according to perspective, whether temporal, geographic, or methodological. A multidisciplinary analysis of how epidemics end suggests that epidemics should therefore be framed not as linear narratives—from outbreak to intervention to termination—but within cycles of disease and with a multiplicity of endings. (shrink)

Two experiments are reported that employed think-aloud methods to test predictions concerning relevance effects and rationalisation processes derivable from Evans' (1996) heuristic-analytic theory of the selection task. Evans' account proposes that card selections are triggered by relevance-determining heuristics, with analytic processing serving merely to rationalise heuristically cued decisions. As such, selected cards should be associated with more references to both their facing and their hidden sides than rejected cards, which are not subjected to analytic rationalisation. Experiment 1 used a standard (...) selection-task paradigm, with negative components permuted through abstract conditional rules. Support was found for all heuristic-analytic predictions. This evidence was shown to be robust in Experiment 2, where "select - don't select" decisions were enforced for all cards. Both experiments also clarify the role played by secondary heuristics in cueing the consideration of hidden card values during rationalisation. We suggest that whilst Evans' heuristic-analytic model and Oaksford and Chater's (e.g., 2003) optimal data selection model can provide compelling accounts of our protocol findings, the mental models theory fares less well as an explanation of our full dataset. (shrink)

Our aim in this article is to bring some clarity to the clinical ethics expertise debate by critiquing and replacing the taxonomy offered by the Core Competencies report. The orienting question for our taxonomy is: Can clinical ethicists offer justified, normative recommendations for active patient cases? Views that answer “no” are characterized as a “negative” view of clinical ethics expertise and are further differentiated based on (a) why they think ethicists cannot give justified normative recommendations and (b) what they think (...) ethicists can offer, if they cannot offer recommendations. Views that answer “yes” to the orienting question are characterized as a “positive” view of clinical ethics expertise. Positive views are distinguished according to four additional questions. First (P1), how are those recommendations generated? Second (P2), what is the nature of the recommendations? Third (P3), we ask, how are the recommendations justified? And finally (P4), how are the recommendations communicated? (shrink)

I explore proposals for stating identity criteria in terms of ground. I also address considerations for and against taking identity and distinctness facts to be ungrounded.

Benner, Erica. Machiavelli’s Ethics. Princeton, 2009. 527p bibl index afp; ISBN 9780691141763, $75.00; ISBN 9780691141770 pbk, $35.00.

Reviewed in CHOICE, April 2010

This major new study of Machiavelli’s moral and political philosophy by Benner (Yale) argues that most readings of Machiavelli suffer from a failure to appreciate his debt to Greek sources, particularly the Socratic tradition of moral and political philosophy. Benner argues that when read in the light of his Greek sources, Machiavelli appears as much less the immoralist or sophist (...) he often is taken for and instead as a serious moral philosopher very much concerned with the republican ideals of justice and the rule of law. The author does not ignore Machiavelli’s more infamous dicta, but argues that a careful reading shows that they are expressions of views he ultimately rejects. Particularly noteworthy here is her careful attention to Machiavelli’s Florentine Histories.
Benner’s reading of Machiavelli is far too complex and subtle for such a brief summary. Her research is meticulous and her arguments finely honed. This important contribution to both Machiavelli studies and the history of political philosophy will be indispensable for scholars.
Summing Up: Highly recommended. Graduate students and faculty/researchers. — B. T. Harding

Endorsements:

"Machiavelli's Ethics is a superb scholarly book. Erica Benner does truly impressive work in analyzing Machiavelli's views on the most fundamental ethical issues--including necessity and virtue, justice and injustice, and ends and means. She shows, with very solid evidence, that Machiavelli did in fact worry a lot about justice and that he put it at the core of his republican theory."--Maurizio Viroli, author of Niccolò's Smile: A Biography of Machiavelli

"Machiavelli's Ethics is excellent--learned, subtle, highly original, and a constant pleasure to read. And, since it is really a study of Machiavelli's thought in its entirety, it is also the first book of its kind. Its originality lies in taking seriously the claim by some sixteenth- and seventeenth-century readers--notably Bacon, Spinoza, and Alberico Gentili--that Machiavelli was essentially a moral and political philosopher. Erica Benner does a brilliant job of resurrecting this neglected Machiavelli."--Giulia Sissa, University of California, Los Angeles


About the book, from the publisher:
Machiavelli's Ethics challenges the most entrenched understandings of Machiavelli, arguing that he was a moral and political philosopher who consistently favored the rule of law over that of men, that he had a coherent theory of justice, and that he did not defend the "Machiavellian" maxim that the ends justify the means. By carefully reconstructing the principled foundations of his political theory, Erica Benner gives the most complete account yet of Machiavelli's thought. She argues that his difficult and puzzling style of writing owes far more to ancient Greek sources than is usually recognized, as does his chief aim: to teach readers not how to produce deceptive political appearances and rhetoric, but how to see through them. Drawing on a close reading of Greek authors--including Thucydides, Xenophon, Plato, and Plutarch--Benner identifies a powerful and neglected key to understanding Machiavelli.

This important new interpretation is based on the most comprehensive study of Machiavelli's writings to date, including a detailed examination of all of his major works: The Prince, The Discourses, The Art of War, and Florentine Histories. It helps explain why readers such as Bacon and Rousseau could see Machiavelli as a fellow moral philosopher, and how they could view The Prince as an ethical and republican text. By identifying a rigorous structure of principles behind Machiavelli's historical examples, the book should also open up fresh debates about his relationship to later philosophers, including Rousseau, Hobbes, and Kant.
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What are the affordances of artifacts? One view is that the affordances of artifacts, just as the affordances of natural objects, pertain to possible ways in which they can be manipulated. Another view maintains that, given that artifacts are sociocultural objects, their affordances pertain primarily to their culturally-derived function. Whereas some have tried to provide a unifying notion of affordance to capture both aspects, here I argue that they should be kept separate. In this paper, I introduce a distinction between (...) standard affordances, which concern the function of artifacts, and ad-hoc affordances, which refer to how artifacts are manipulated. I then argue for the neuropsychological plausibility of such a distinction, linking it to the dissociation between function knowledge and manipulation knowledge. Finally, I defend the equal status of these forms of knowledge and, hence, of standard and ad-hoc affordances, and I show that this has some implications for the debate on the role of motor processes in the conceptual knowledge of artifacts. (shrink)

This discussion aims to give a normative theoretical basis for a “best judgment” model of surrogate decision making rooted in a regulative ideal of love. Currently, there are two basic models of surrogate decision making for incompetent patients: the “substituted judgment” model and the “best interests” model. The former draws on the value of autonomy and responds with respect; the latter draws on the value of welfare and responds with beneficence. It can be difficult to determine which of these two (...) models is more appropriate for a given patient, and both approaches may seem inadequate for a surrogate who loves the patient. The proposed “best judgment” model effectively draws on the values incorporated in each of the traditional standards, but does so because these values are important to someone who loves a patient, since love responds to the patient as the specific person she is. (shrink)

At the conclusion of their 1968 report, the Harvard Ad Hoc Committee argued that “responsible medical opinion” was ready to accept severe and permanent neurologic injury as a new criterion for deat...

The association between media literacy and media ethics is discussed in this essay, and data gathered from a media literacy study with 93 public school 6th-grade students are presented. The study details the introduction and evaluation of a media literacy program that was intended to encourage learning and critical thinking about media violence, using a selection of "high-risk" portrayal factors as a foundation. Statistical comparisons between preprogram and postprogram responses and between those participating and those in a control group show (...) some increases in the comprehension of key concepts used in the study of media violence and critical thinking about the topic. Open-ended responses also demonstrate enhanced sophistication in analyzing media violence after participating in the program. (shrink)

Although personal attributes have gained recognition as an important area of effective corporate governance, scholarship has largely overlooked the value and implications of individual virtue in governance practice. We explore how authenticity—a personal and morally significant virtue—affects the primary monitoring and strategy functions of the board of directors as well as core processes concerning director selection, cultivation, and enactment by the board. While the predominant focus in corporate governance research has been on structural factors that influence firm financial outcomes, this (...) paper shifts attention to the role of authenticity and its relationship to individual board member qualities and collective board activities. We explore how authenticity has the potential to influence board dynamics and decision making and to enhance transparency and accountability. (shrink)

A key distinction in ethics is between members and nonmembers of the moral community. Over time, our notion of this community has expanded as we have moved from a rationality criterion to a sentience criterion for membership. I argue that a sentience criterion is insufficient to accommodate all members of the moral community; the true underlying criterion can be understood in terms of whether a being has interests. This may be extended to conscious, self-aware machines, as well as to any (...) autonomous intelligent machines. Such machines exhibit an ability to formulate desires for the course of their own existence; this gives them basic moral standing. While not all machines display autonomy, those which do must be treated as moral patients; to ignore their claims to moral recognition is to repeat past errors. I thus urge moral generosity with respect to the ethical claims of intelligent machines. (shrink)

ABSTRACT When misattributed paternity is discovered in the course of genetic testing, a genetic counselor is presented with a dilemma concerning whether to reveal this information to the clients. She is committed to treating the clients equally and enabling informed decision making, but disclosing the information may carry consequences for the woman that the counselor cannot judge in advance. A frequent suggestion aimed at avoiding this problem is to include the risk of discovering nonpaternity in the informed consent process for (...) counseling. In this paper I argue that such a move does not resolve the problem, because the conflict hinges on the interpretation of equality on which the counselor operates. Given the principles of genetic counseling, neither construal of equality yields a satisfactory solution to the conflict. In fact, I conclude that including nonpaternity in informed consent is not endorsed by either view, and we are still left with the question of what to do should nonpaternity be discovered. I suggest a compromise position concerning disclosure, involving revealing relevant genetic information but withholding nonpaternity when possible. (shrink)

In contrast to eudaimonism, Kant argues that moral reasoning and prudential reasoning are two distinct uses of practical reason, each with its own standard for good action. Despite Kant’s commitment to the ineradicable potential for fundamental conflict between these types of practical reasoning, I argue that once we shift to consideration of a developmental narrative of these faculties, we see that virtuous moral reasoning is able to substantively influence prudential reasoning, while prudential reason should be responsive to such influence. Further, (...) Kant indicates the integration of virtue as a commitment concerning practical priorities, and so too what should and should not agree with the agent, is beneficial for prudential reasoning by prudential reasoning’s own standards. Although Kant’s ethical system breaks from eudaimonism in significant ways, it retains the eudaimonist claim that virtuously-informed pursuits of happiness are not only better for virtue, but also better for happiness. (shrink)

Whether adolescents should be allowed to make their own medical decisions has been a topic of discussion in bioethics for at least two decades now. Are adolescents sufficiently capacitated to make their own medical decisions? Is the mature-minor doctrine, an uncommon legal exception to the rule of parental decision-making authority, something we should expand or eliminate? Bioethicists have dealt with the curious liminality of adolescents—their being neither children nor adults—in a variety of ways. However, recently there has been a trend (...) to rely heavily, and often exclusively, on emerging neuroscientific and psychological data to answer these questions. Using data from magnetic resonance imaging and functional MRI studies on the adolescent brain, authors have argued both that the adolescent brain isn't sufficiently mature to broadly confer capacity on this population and that the adolescent brain is sufficiently mature to assume adolescent capacity. Scholars then accept these data as sufficient for concluding that adolescents should or should not have decision-making authority. Two critical mistakes are being made here. The first is the expectation that neuroscience or psychology is or will be able to answer all our questions about capacity. The second, and more concerning, mistake is the conflation of decision-making capacity with decision-making authority. (shrink)

For much of the 20th century, scholars of American and European applied psychology and psychiatry have concerned themselves with the concepts of progress and power. In an effort to revisit the character of 19th-century psychiatry and to use the results as a means of evaluating 21st-century practice, this paper explores the relationship between power and progress in two popular but chronologically distinct approaches to caring for the mad: 19th-century moral treatment and late 20th-century psychiatric rehabilitation. Using the theoretical framework of (...) Foucault (1979), moral treatment (as developed by Thomas Story Kirkbride, for example, [1854] 1973) and psychiatric rehabilitation (as developed by William A. Anthony and colleagues, for example, Anthony, Cohen, and Farkas 1990) are compared for the degree to which each is structured by disciplinary interests and technologies. Based on this textual analysis, important differences emerge. Not only do these differences cast moral treatment in a new, and perhaps more positive light, but they also shed light on how disciplinary structures might affect a psychiatric approach's ability to carry out expressly humanitarian goals. To the extent that both propositions are accurate, the traditional view equating psychology and psychiatry's progress with a diminished reliance on power is brought into question. (shrink)

This paper offers a semantic study in multi-relational semantics of quantified N-Monotonic modal logics with varying domains with and without the identity symbol. We identify conditions on frames to characterise Barcan and Ghilardi schemata and present some related completeness results. The characterisation of Barcan schemata in multi-relational frames with varying domains shows the independence of BF and CBF from well-known propositional modal schemata, an independence that does not hold with constant domains. This fact was firstly suggested for classical modal systems (...) by Stolpe, 557–575, 2003), but unfortunately that work used only models and not frames. (shrink)

The ethical permissibility of the “slow code” sparks vigorous debate. However, definitions of the “slow code” that exist in the literature often leave room for interpretation. Thus, those assessing the ethical permissibility of the slow code may not be operating with shared definitions, and definitions may not align with clinicians' understanding and use of the term in clinical practice. To add clarity and nuance to discussions of the “slow code,” this manuscript highlights the salient medical and moral components that distinguish (...) resuscitative practices, resulting in a taxonomy that includes nine distinct entries: the Fake Code, Casual Code, Time‐Limited Code, Family Code, Contained Code, a la Carte Code, Preventive Code, Passive Code, and Accepted Code. We argue that cogent analyses of the ethical implications of the “slow code” must begin with clear, shared understandings of the practices under debate. (shrink)

Humeans and anti-Humeans agree that laws of nature should explain scientifically particular matters of fact. One objection to Humean accounts of laws contends that Humean laws cannot explain particular matters of fact because their explanations are harmfully circular. This article distinguishes between metaphysical and semantic characterizations of the circularity and argues for a new semantic version of the circularity objection. The new formulation suggests that Humean explanations are harmfully circular because the content of the sentences being explained is part of (...) the content of the sentences doing the explaining. I describe the nature of partial content and demonstrate how this account of partial content renders Humean explanations ineffective while sparing anti-Humean explanations from the same fate. 1Introduction2Standard Formulations of the Circularity Charge3Humean Responses4Semantic Characterizations of the Circularity Worry 4.1Hempel and Oppenheim’s semantic circularity concern4.2A new version of the semantic circularity charge4.3Partial content as a guide to circularity5Humean Responses to the Semantic Circularity Charge 5.1Smuggling in metaphysics through the back door?5.2Do anti-Humean laws fare any better?5.3The over-generalization concern6ConclusionAppendix. (shrink)

I provide a new account of what it is for the laws of nature to govern the evolution of events. I locate the source of governance in the content of law propositions. As such, I do not appeal to primitive notions of ground, essence, or production to characterize governance. After introducing the account, I use it to outline previously unrecognized varieties of governance. I also specify that laws must govern to have two theoretical virtues: explanatory power as well as a (...) theoretical virtue I call expansiveness. A theory is expansive, roughly, when it can do more with less. (shrink)

Augmented reality blends the virtual and physical worlds such that the virtual content experienced by a user of AR technology depends on the user’s geographical location. Games such as Pokémon GO and technologies such as HoloLens are introducing an increasing number of people to augmented reality. AR technologies raise a number of ethical concerns; I focus on ethical rights surrounding the augmentation of a particular physical space. To address this I distinguish public and private spaces; I also separate the case (...) where we access augmentations via many different applications from the case where there is a more unified sphere of augmentation. Private property under a unified sphere of augmentation is akin to physical property; owners retain the right to augment their property and prevent others from augmenting it. Private property with competing apps is more complex; it is not clear that owners have a general right to prevent augmentations in this case, assuming those augmentations do not interfere with the owner’s use of the property. I raise several difficult cases, such as augmenting a daycare with explicit sexual or violent images. Public property with competing apps is relatively straightforward, and most augmentation is ethical; those apps simply function like different guidebooks. Under a unified sphere of augmentation it is unclear whether augmentations should be treated more like public speech or graffiti or some of each. Further consideration is needed to determine what kinds of augmentations we view as ethical. (shrink)

This paper offers a metaphysical explanation of the identity and distinctness of concrete objects. It is tempting to try to distinguish concrete objects on the basis of their possessing different qualitative features, where qualitative features are ones that do not involve identity. Yet, this criterion for object identity faces counterexamples: distinct objects can share all of their qualitative features. This paper suggests that in order to distinguish concrete objects we need to look not only at which properties and relations objects (...) instantiate but also how they instantiate these properties and relations. I propose that objects are identical when they stand in certain qualitative relations in virtue of their existence. And concrete objects are distinct when they do not stand in the same kinds of relations to one another in virtue of their existence. (shrink)

Evidence-based medicine has beendefined as the conscientious and judicious useof current best evidence in making clinicaldecisions. This paper will attempt to explicatethe terms ``conscientious'''' and ``judicious''''within the evidence-based medicine definition.It will be argued that ``conscientious'''' and``judicious'''' represent virtue terms derived fromvirtue ethics and virtue epistemology. Theidentification of explicit virtue components inthe definition and therefore conception ofevidence-based medicine presents an importantstarting point in the connection between virtuetheories and medicine itself. In addition, aunification of virtue theories andevidence-based medicine will illustrate theneed for (...) future research in order to combinethe fields of virtue-based approaches andclinical practice. (shrink)

Eastern Market in Detroit is one of the oldest, continuously working public markets in the United States. Starting in 2006, the management changed and the market underwent a round of renovations. Since then, the Eastern Market Corporation has worked to increase the number of stands selling value-added food at the market. Following the EMC’s lead, the new vendors sell their fare in boutique style, putting specific care in the setup of the stands and in the visual and oral narratives they (...) use. Their presentation of food quality emphasizes craftsmanship and cultural values more than affordability or provenance. The interplay between these vendors and the EMC management point to two worlds identified by convention theory: domestic and market. The work of boutique food producers at Eastern Market manifests a composite arrangement between the domestic and market worlds where the authenticity of the products and regard for the customers are composite principles that solidify the compromise. (shrink)

Dans son nouveau livre, Marie-Paule Ha bouleverse les idées reçues sur le rôle des Françaises dans les colonies. Se concentrant sur l’Indochine, Ha affirme que les femmes françaises n’ont pas tracé une ligne de démarcation stricte entre les colonisateurs et les colonisés. Elles ont bien plutôt inventé des façons diverses de vivre aux colonies, en fonction de leur position sociale, de leur privilèges de « race » et de leur accès à l’administration coloniale. Dans l’introduction, M.-P. Ha situe...

Identity and distinctness facts are ones like “The Eiffel Tower is identical to the Eiffel Tower,” and “The Eiffel Tower is distinct from the Louvre.” This paper concerns one question in the metaphysics of identity: Are identity and distinctness facts metaphysically fundamental or are they nonfundamental? I provide an overview of answers to this question.

Volume 20, Issue 5, June 2020, Page 24-25.

This article enumerates and critically examines the potential grounds on which we might treat the case of a patient with an advance directive who attempted suicide, differently from one whose injuries were the result of an accident. Grounds for differentiation are distilled into two potential justifications. The first addresses the concern that withholding or withdrawing care from a patient with self-inflicted injuries would be aiding and abetting suicide. The second examines concerns about the patient’s decisionmaking capacity. Ultimately, it is argued (...) that while there might be legitimate reasons to hold the advance directive of a suicidal patient to a different standard of scrutiny, the fact that the patient’s medical state was self-inflicted should not, in and of itself, necessarily invalidate the guidance of the directive. Finally, four practical recommendations are offered for negotiating similar cases. (shrink)

A number of significant contributions in the last four decades show that non-normal modal logics can be fruitfully employed in several applied fields. Well-known domains are epistemic logic, deontic logic, and systems capturing different aspects of action and agency such as the modal logic of agency, concurrent propositional dynamic logic, game logic, and coalition logic. Semantics for such logics are traditionally based on neighbourhood models. However, other model-theoretic semantics can be used for this purpose. Here, we systematically study multi-relational structures, (...) whose investigation is still relatively underdeveloped. After a brief introduction to two different versions of multi-relational semantics – which we call strong and weak multi-relational semantics – we proceed to study several modal schemata. Special attention is paid to the schemata CON and D. Finally we offer completeness proofs for several systems using both strong and weak semantic tools: The proofs thus cover both classical system.. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 9.2 (2002) 189-191 [Access article in PDF] Listening, Acting, and the Quest for AlternativesA Response to Charland and Bracken Erica Lilleleht The challenge is not to replace one certitude... with another but to cultivate an attention to the conditions under which things become 'evident,'... ceasing to be objects of our attention and therefore seeming fixed, necessary, and unchangeable. (Rabinow on Foucault 1997, p. XIX) I (...) do not know whether it must be said today that the critical task still entails faith in Enlightenment; I continue to think that this task requires work on our limits, that is, a patient labor giving form to our impatience for liberty. (Foucault 1997, p. 319) IN RESPONDING TO MY PAPER, Bracken and Charland raise a number of interesting points. Through discussing Tuke's York Retreat (Charland) and Foucault's "regimes of truth" (Bracken), the character of moral treatment, the value of a Foucauldian analysis, the importance of listening (as well as its limits), and the necessity of taking action are all raised as important issues when considering the history and current status of psychiatry. In my response, I shall focus on the latter two issues, namely, the possibility of listening and the necessity of action. I will make the argument that although action can, and often should, follow listening, having action as its necessary (and immediate) goal brings with it a set of pressures and practices that can render both experiences difficult, if not impossible.First, let me share my understanding of Bracken and Charland's main theses and arguments. For Patrick Bracken, the main purpose of any critique, but particularly a critique of current psychiatric practice, is to present readers with a new way of listening and understanding. It should, to paraphrase Bracken, open things up for deeper analysis. The Foucault he is listening to, then, is a man in whose "hands history becomes philosophy". This transformation is important because as it occurs new "discursive spaces" open up, thereby presenting readers of his work with new voices (e.g., patients, less-than-famous psychiatrists, priests). This incursion of the new does not necessarily, however, invalidate the old. Bracken substantiates this by making the important point that Foucault did not simply reject Enlightenment reason (an old and highly persistent voice), but rather "challenged the idea that we have to choose to be for or against" it. Bracken further points out that listening to these voices, [End Page 189] old or new, is never a completely "clean" practice. In Bracken's words, "there is no neutral, asocial or apolitical vantage point from [which] we can judge the validity of one position over the other." This means that in listening to the "other" (as patient, friend, argument, or psychiatric practice) we must maintain a kind of double consciousness, one in which we attend to this other voice while at the same time being aware that neither of us are speaking from within a neutral, clean space (devoid of political, social, and/or cultural pressures or implications). Maintaining this kind of awareness is difficult for obvious reasons. In mental health practice and for Bracken, however, this difficulty can be worthwhile if it results in formerly silent participants having "their voice heard in debates about service development and the nature of progress."Although I doubt Louis Charland would disagree with the idea that listening is important, he does take the function of critique one step further. Specifically for Charland, critiques of psychiatric practice, past and particularly present, should result in the identification of alternative solutions. Failing to do so can indicate that the critique "borders on a lack of depth." If one extends this assertion about my analysis to Foucault's own work, we find that Charland is not alone. For example, Hoy, in his introduction to his edited Foucault: A Critical Reader (1992), states that "Foucault's continued refusal to specify either a prescription or a prognosis for social illnesses he diagnoses suggests to some readers that genealogy is as unserious and irresponsible as archeology" (p. 7). This point emerges... (shrink)

Childress and colleagues conclude that arguments from distributive justice do not justify discontinuing ECMO over a capacitated patient’s objections (Childress et al. 2023). However, this conclusio...

This article argues that while the presence and influence of “futility” as a concept in medical decision-making has declined over the past decade, medicine is seeing the rise of a new concept with similar features: suffering. Like futility, suffering may appear to have a consistent meaning, but in actuality, the concept is colloquially invoked to refer to very different experiences. Like “futility,” claims of patient “suffering” have been used (perhaps sometimes consciously, but most often unconsciously) to smuggle value judgments about (...) quality of life into decision-making. And like “futility,” it would behoove us to recognize the need for new, clearer terminology. This article will focus specifically on secondhand claims of patient suffering in pediatrics, but the conclusions could be similarly applied to medical decisions for adults being made by surrogate decision-makers. While I will argue that suffering, like futility, is not sufficient wholesale justification for making unilateral treatment decisions, I will also argue that claims of patient suffering cannot be ignored, and that they almost always deserve some kind of response. In the final section, I offer practical suggestions for how to respond to claims of patient suffering. (shrink)

The paper aims at providing the multi-modal propositional logic LTK with a sound and complete axiomatisation. This logic combines temporal and epistemic operators and focuses on m odeling the behaviour of a set of agents operating in a system on the background of a temporal framework. Time is represented as linear and discrete, whereas knowledge is modeled as an S5-like modality. A further modal operator intended to represent environment knowledge is added to the system in order to achieve the expressive (...) power sufficient to describe the piece of information available to the agents at each moment in the flow of time. (shrink)

I argue for a new reading of Kant's claim that respect is the moral incentive; this reading accommodates the central insights of the affectivist and intellectualist readings of respect, while avoiding shortcomings of each. I show that within Kant's ethical system, the feeling of respect should be understood as paradigmatic of a kind of pleasure, pleasure in the moral. The motivational power of respect arises from its nature as pleasurable feeling, but the feeling does not directly motivate individual dutiful actions. (...) Rather, the feeling is motivational in the sense that, after an agent has acted in a morally good way, the pleasure that results from that action contributes to the cultivation of virtue in the agent and, consequently, morally good actions in the future. Understanding the feeling of respect to be moral pleasure not only gives us insight into how finite rational beings develop virtue, but also a new way of understanding respect as an incentive. (shrink)

'When I play with my cat, who knows if I am not a pastime to her more than she is to me?' - Michel de Montaigne. Why do we live with pets? Is there something more to our relationship with them than simply companionship? What is it we look for in our pets and what does this say about us as human beings? In this fascinating book, Erica Fudge explores the nature of this most complex of relationships and the difficulties (...) of knowing what it is that one is living with when one chooses to share a home with an animal. Fudge argues that our capacity for compassion and ability to live alongside others is evident in our relationships with our pets, those paradoxical creatures who give us a sense of comfort and security while simultaneously troubling the categories human and animal. For what is a pet if it isn't a fully-fledged member of the human family? This book proposes that by crossing over these boundaries pets help construct who it is we think we are. Drawing on the works of modern writers, such as J. M. Coetzee, Elizabeth Marshall Thomas and Jacques Derrida, Fudge shows how pets have been used to think with and to undermine our easy conceptions of human, animal and home. Indeed, "Pets" shows our obsession with domestic animals that reveals many of the paradoxes, contra - dictions and ambiguities of life. Living with pets provides thought-provoking perspectives on our notions of possession and mastery, mutuality and cohabitation, love and dominance. We might think of pets as simply happy, loved additions to human homes but as this captivating book reveals perhaps it is the pets that make the home and without pets perhaps we might not be the humans we think we are. For anyone who has ever wondered, like Montaigne, what their cat is thinking, it will be illuminating reading. (shrink)

This article seeks to establish that the social sciences have an important contribution to make to the study of ethics. The discussion is framed around three questions: (i) what theoretical work can the social sciences contribute to the understanding of ethics? (ii) what empirical work can the social sciences contribute to the understanding of ethics? And (iii) how does this theoretical and empirical work combine, to enhance the understanding of how ethics, as a field of analysis and debate, is socially (...) constituted and situated? Through these questions the argument goes beyond the now commonly cited objection to the over‐simplistic division between normative and descriptive ethics (that assigns the social sciences the ‘handmaiden’ role of simply providing the ‘facts’). In extending this argument, this article seeks to establish, more firmly and in more detail, that: (a) the social sciences have a longstanding theoretical interest analysing the role that a concern with ethics plays in explanations of social change, social organisation and social action; (b) the explanations that are based on the empirical investigations conducted by social scientists exemplify the interplay of epistemological and methodological analyses so that our understanding of particular substantive issues is extended beyond the conventional questions raised by ethicists, and (c) through this combination of theoretical and empirical work, social scientists go beyond the specific ethical questions of particular practices to enquire further into the social processes that lie behind the very designation of certain matters as being ‘ethical issues’. (shrink)

The paper describes an innovative structured workshop methodology in garden-based-learning called “Nature in Your Face” aimed at provoking a change in citizens behavior and engagement as a consequence of the emotional activation in response to disruptive artistic messages. The methodology challenges the assumption that the change needed to meet the carbon targets can be reached with incremental, non-invasive behavior engineering techniques such as nudging or gamification. Instead, it explores the potential of disruptive communication to push citizens out of their comfort (...) zones and into creative modes of re-creating futures. This is done by confronting us with consequences of consumption by means of art and eco-visualizations. The aim being to achieve awareness, mental flexibility, and spurring debate. Thus, we invite them to react – and act upon these reactions by communicating their feelings or thoughts. This is used as an entrance point for broader and/or deeper engagement in a structured three-step methodology; Framing: A disruptive element is introduced into the local environment. This triggers an emotional reaction, which then is taken up in a process of framing the problem and working with solutions. Twisting: in a guided process, the initial energy from the emotional confrontation is twisted into a creative exploration of innovative solutions, from the perspective of the children. Using: The last stage is using the developed solutions in the local social system. The methodology is being applied in cooperation with a primary school, and is iteratively adjusted and evaluated in a formative, action-research based approach scenario. NiYF is to stimulate societal engagement through deliberately confronting stakeholders with unexpected and potentially upsetting appearances of nature, climate effects, or carbon-neutral lifestyle scenarios. We have verified the practical usefulness and potential of the methodology and found that NiYF triggers societal engagement and transition, negotiating responsibilities and unlocking action potentials. We also found that eco-anxiety, denial, self-efficacy and cognitive dissonance form children’s understanding of plastic. The project marks a paradigm shift from creating knowledge to using knowledge to create action, and a focus on learning from evaluating and adapting the approach in the field. (shrink)

Fredric Jameson _Signatures of the Visible _ New York: Routledge, 1992 ISBN 0-415-90011-5 hb ISBN 0-415-90012-3 pbk 254 pp.

Identity criteria are powerful tools for the metaphysician. They tell us when items are identical or distinct. Some varieties of identity criteria also try to explain in virtue of what items are identical or distinct. This Element has two objectives: to discuss formulations of identity criteria and to take a closer look at one notorious criterion of object identity, Leibniz's Law. The first section concerns the form of identity criteria. The second section concerns the better-regarded half of Leibniz's Law, the (...) indiscernibility of identicals. The third section turns to the more controversial half of Leibniz's Law, the identity of indiscernibles. The author considers alternatives to Leibniz's Law as well as the possibility that there are no adequate identity criteria to be found. (shrink)