The slogan that criminal liability requires an ‘act’, or a ‘voluntary act’, is still something of a commonplace in textbooks of criminal law. There are, it is usually added, certain exceptions to this requirement— cases in which liability is in fact, and perhaps even properly, imposed in the absence of such an act: but the ‘act requirement’ is taken to represent a normally minimal necessary condition of criminal liability. Even offences of strict liability, for which no mens rea (...) is required, require an act: thus to the familiar slogan that actus non facit reum nisi metis sit rea we can add the prior, more fundamental slogan that mens non facit reum nisi actus sit reus ; before we ask whether a defendant acted with mens rea or fault, we must ask whether he committed a criminal act at all. (shrink)

Doug Husak has argued, persuasively I think, that there is no literal ‘act requirement’ in Anglo-American law. I begin by reviewing Husak’s reasons for rejecting the act requirement, and provide additional reasons to think he is right to do so. But Husak’s alternative, the ‘control condition’, I argue, is inadequate. The control requirement is falsified by the widespread practice of holding extremely intoxicated offenders liable for criminal conduct they engage in even if they lack control over their (...) conduct at the time of the offense, and even if they are acting involuntarily. I provide examples from Canadian, US and German law to flesh out our legal practices with respect to intoxicated offenders. I then argue that, at least with respect to one class of intoxicated offenders–those known as ‘grand schemers’, who plan their criminal offending prior to rendering themselves incapable of voluntary control over their conduct–we are morally justified in imposing liability. I then propose an alternative to both the act and control requirements: what I call the ‘agency requirement’. I argue that our law does and should impose liability for conduct that is expressive of or constitutive of the defendant’s practically rational agency. Adopting an agency view allows us to expand our focus from just the moment of the offense to temporally extended instances of agency, such as is involved in planned offending by grand schemers. (shrink)

The Data Protection Act 1998 presents a number of significant challenges to data controllers in the health sector. To assist data controllers in understanding their obligations under the act, the Information Commissioner has published guidance, The Use and Disclosure of Health Data, which is reproduced here. The guidance deals, among other things, with the steps that must be taken to obtain patient data fairly, the implied requirements of the act to use anonymised or psuedonymised data where possible, an exemption applicable (...) principally to records based research, the right of patients to object to the processing of their data, and the interface of the act and the common law duty of confidence. (shrink)

In this paper, the issue of plant closings is analyzed from the perspective of halakhah (the Written Law of Judaism). Two levels of analysis in halakhah must be differentiated: the legal (enforced by courts) and the moral (not enforced by law, but rather framed in terms of duty to God). There is no legal mandate to keep an unprofitable plant open, but there are a number of moral imprecations (particularly "acting more generously than the law requires") that might influence an (...) employer's decision making. Using analogical reasoning to infer moral and/or legal obligations may be a fruitful means for businesspeople to analyze business situations in terms of ethical implications. (shrink)

In this paper, the issue of plant closings is analyzed from the perspective of halakhah (the Written Law of Judaism). Two levels of analysis in halakhah must be differentiated: the legal (enforced by courts) and the moral (not enforced by law, but rather framed in terms of duty to God). There is no legal mandate to keep an unprofitable plant open, but there are a number of moral imprecations (particularly "acting more generously than the law requires") that might influence an (...) employer''s decision making. Using analogical reasoning to infer moral and/or legal obligations may be a fruitful means for businesspeople to analyze business situations in terms of ethical implications. (shrink)

Deontic buck-passing aims to analyse deontic properties of acts in terms of reasons. Many authors accept deontic buck-passing, but only few have discussed how to understand the relation between reasons and deontic properties exactly. Justin Snedegar has suggested understanding deontic properties of acts in terms of both reasons and reasons to require: A is required to φ iff A has most reason to φ, and there is most reason to require A to φ. This promising proposal faces two open questions: (...) the question of why there can only be most reason to require A to φ if A has most reason to φ, and the question of what role agent-relative reasons play in generating requirements. In this paper, I address these questions and argue that the key to answering them is to reject evaluative buck-passing and accept a value-based theory of practical reasons instead. The result is a two-level theory of moral explanation: on the first level, practical reasons are explained in terms of appropriate responses to value; on the second level, deontic properties of acts are explained in terms of reasons: reasons to act as well as reasons to require. (shrink)

Of all the changes to the Human Fertilisation and Embryology Act 1990 that were introduced in 2008 by legislation of the same name, foremost to excite media attention and popular controversy was the amendment of the so-called welfare clause. This clause forms part of the licensing conditions which must be met by any clinic before offering those treatment services covered by the legislation. The 2008 Act deleted the statutory requirement that clinicians consider the need for a father of any (...) potential child before offering a woman treatment, substituting for it a requirement that clinicians must henceforth consider the child’s need for “supportive parenting”. In this paper, we first briefly recall the history of the introduction of s 13(5) in the 1990 Act, before going on to track discussion of its amendment through the lengthy reform process that preceded the introduction of the 2008 Act. We then discuss the meaning of the phrase “supportive parenting” with reference to guidance regarding its interpretation offered by the Human Fertilisation and Embryology Authority. While the changes to s 13(5) have been represented as suggesting a major change in the law, we suggest that the reworded section does not represent a significant break from the previous law as it had been interpreted in practice. This raises the question of why it was that an amendment that is likely to make very little difference to clinical practice tended to excite such attention (and with such polarising force). To this end, we locate debates regarding s 13(5) within a broader context of popular anxieties regarding the use of reproductive technologies and, specifically, what they mean for the position of men within the family. (shrink)

Decreasing unintended teenage pregnancy, especially repeat teenage pregnancy, is an important public health goal. Unfortunately, legal barriers in the USA impede this goal as all minors are unable to consent for birth control in 24 states, and only 10 of those states allow consent after the minor has given birth according to state statutory law. Placement of long-acting reversible contraception is one of the most effective methods of preventing rapid repeat pregnancies. However, restrictions are placed on adolescents who may not (...) have the option of parental consent if the parents are unwilling, or not present, to give consent. A predicament arises when healthcare professionals are willing to place the contraceptive for the patient, but cannot due to the restrictions and guidelines outlined by each state. Even though these adolescents are legally viewed as minors, adolescent mothers should be able to consent to the placement of LARC. Notably, adolescents have the legal ability to give consent for the healthcare of their child starting in the prenatal period. I argue that this ability should be extended to include adolescent consent for their own healthcare. Additionally, the procedure to place LARC is relatively low risk and highly effective, which is an opportune situation to allow minors to consent. Allowing adolescents to consent to LARC after delivery is a simple and effective way to decrease rapid repeat pregnancy rates in the USA. All data relevant to the study are included in the article. (shrink)

This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the (...) "same" for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book contributes to the development of a coherent theory of action in philosophy. It provides a grounding in three of the most basic elements of criminal liability for legislators, judges, and the lawyers who argue to them. (shrink)

This thesis concerns the question of what it is for a subject to act. It answers this question in three steps. The first step is taken by arguing that any satisfactory answer must build on the idea that an action is something predicable of the acting subject. The second step is taken by arguing in support of an answer which does build on this idea, and does so by introducing the idea that acting is doing something which is an exercise (...) of a particular kind of disposition on the part of the acting subject. The third step is taken by arguing that the disposition in question must be of a kind which is exercised in conditions in which the acting subject thinks they are acting. From this vantage point the thesis develops many further commitments: That action is constitutively subject to a mode of explanation that mentions the kind of disposition just mentioned; that any case of acting requires a veridical representation of a means by which the action is performed; and that a problem about the underspecified nature of desire ascriptions can be solved by appeal to the conceptual materials made available by these investigations. The thesis finally develops several objections to the account it gives, both substantive and methodological, and explains why these objections ought to be rejected. (shrink)

Normative requirements are often overlooked, but they are central features of the normative world. Rationality is often thought to consist in acting for reasons, but following normative requirements is also a major part of rationality. In particular, correct reasoning – both theoretical and practical – is governed by normative requirements rather than by reasons. This article explains the nature of normative requirements, and gives examples of their importance. It also describes mistakes that philosophers have made as a result of confusing (...) normative requirements with reasons. (shrink)

The U.S. Supreme Court held 7-2 that an individual harmed by an overt act that is not tortious under the Racketeer Influenced and Corrupt Organizations Act does not have a civil cause of action under RICO. Therefore, an individual terminated from his job in furtherance of a racketeering conspiracy does not have a civil cause of action, since such termination is not an “independently wrongful” act under RICO.The plaintiff, Robert Beck, was the president, CEO, director, and shareholder of Southeastern Insurance (...) Group. The defendants, including Ronald Prupis, were senior officers and directors of SIG. In 1998, the plaintiff discovered that the defendants were engaged in racketeering. The racketeering activities included refusing to qualify contractors for SIG surety bonds unless they paid fees to SIG; diverting corporate funds for their personal use; and providing regulators, shareholders, and creditors with false financial statements. (shrink)

This paper discusses the thesis defended by Edith Stein that certain acts can be attributed to the State. According to Stein, the State is a social structure characterized by sovereignty. As such, it is responsible for the production, interpretation, and application of law. These tasks require the performance of acts, most of which are what Stein calls “social acts” like enactments and orders. For Stein, the acts in question are made by the organs of the State, but in the name (...) of the State, and are thus attributed to the State via a relation of representation. In the first section, the paper presents Stein’s thesis that the sovereignty of the State entails a series of legal prerogatives, which in turn result in various social acts being ascribed to the State through its representatives. In the second section, the paper critically discusses Stein’s views, notably her theory of representation, and her account of the nature of the State, while emphasizing its most interesting aspects, namely, its fine-grained analyses of the various acts that are attributed to the State. (shrink)

A key question has been underexplored in the literature on conscientious objection: if a physician is required to perform ‘medical activities,’ what is a medical activity? This paper explores the question by employing a teleological evaluation of medicine and examining the analogy of military conscripts, commonly cited in the conscientious objection debate. It argues that physicians (and other healthcare professionals) can only be expected to perform and support medical acts – acts directed towards their patients’ health. That is, physicians cannot (...) be forced to provide or support services that are not medical in nature, even if such activities support other socially desirable pursuits. This does not necessarily mean that medical professionals cannot or should not provide non-medical services, but only that they are under no obligation to provide them. (shrink)

This book argues that the moral quality of an act comes from the agent's inner states. By arguing for the indispensable relevance of intention in the moral evaluation of acts, the book moves against a mainstream, 'objective' approach in normative ethics. It is commonly held that the intentions, knowledge, and volition of agents are irrelevant to the moral permissibility of their acts. This book stresses that the capacities of agency, rather than simply the label 'agent', must be engaged during an (...) act if its moral evaluation is to be coherent. The author begins with an ontological argument that an act is a motion or a causing of change in something else. He argues that the source of an act's moral meaning is in the agent: specifically, what the agent, if aware of relevant facts around her, aims to accomplish. He then moves to a series of critical chapters that consider arguments for mainstream approaches to act evaluation, including Thomson's dismissal of the agent knowledge and volition requirements, Scanlon's arguments for a derivative relevance of intentions to permissibility, Frowe's "causal roles" of agents in the moral evaluation of acts, and Bennett's explicit defense of the objective approach. The book concludes by offering the author's preferred replacement for the objective approach, an Aristotelian-Thomist view of acts. Acts, Intentions, and Moral Evaluation will be of interest to scholars and advanced students working in ethics, just war theory, the ethics of self-defense, and philosophy of action. (shrink)

This chapter examines whether, and in what sense, one can speak of agentive mental events. An adequate characterization of mental acts should respond to three main worries. First, mental acts cannot have pre-specified goal contents. For example, one cannot prespecify the content of a judgment or of a deliberation. Second, mental acts seem to depend crucially on receptive attitudes. Third, it does not seem that intentions play any role in mental actions. Given these three constraints, mental and bodily actions appear (...) to have a significantly different structure. A careful analysis of the role of normative requirements, distinguishing them from instrumental reasons, allows the distinction between mental and bodily forms of action to be clarified. Two kinds of motives must be present for a mental act to develop. The first kind is instrumental: a mental act is performed because of some basic informational need, such as the need to "remember the name of that play". The second kind is normative: given the specific type of mental action performed, there is a specific epistemic norm relevant to that act. These two motives actually correspond to different phases of a single mental act. The first motivates the mental act, i.e. makes salient the corresponding goal. The second offers an evaluation of the feasibility of the act, on the basis of its constitutive normative requirement. Conceived in this way, a characterization of mental acts avoids the three difficulties mentioned above. The possibility of pre-specifying the outcome of epistemic mental acts is blocked by the fact that such acts are constituted by strict normative requirements. That mental acts include receptive features is shown to be a necessary architectural constraint for mental agents to be sensitive to epistemic requirements. Finally, the phenomenology of intending is shown to be absent in most mental acts; the motivational structure of mental acts is, rather, associated with error- signals and self-directed doubtings. Mental acts need to be recognized as a natural kind of action meant to normatively control and enhance cognitive efficiency according to current processing needs. (shrink)

As of December 1991, the Patient Self-Determination Act mandated that health care institutions which receive funding from Medicare or Medicaid provide written information about persons rights to participate in medical decision-making and formulate advance directives. The PSDA required each state…acting through a State agency, association, or other private nonprofit entity develop a written description of the law of the State concerning advance directives that would be distributed by providers or organizations under the requirements of [the Act].

There are certain illocutionary acts that, contrary to John Searle's speech act theory, cannot be correctly classified as assertives. Searle's sincerity and essential conditions on assertives require, plausibly, that we believe our assertions and that we are committed to their truth. Yet it is a commonly accepted scientific practice to propose and investigate an hypothesis without believing it or being at all committed to its truth. Searle's attempt to accommodate such conjectural acts by claiming that the degree of belief and (...) of commitment expressed by some assertives “may approach or even reach zero“ is unsuccessful, since it evacuates his thesis that these are substantive necessary conditions on assertives of any force. The illocutionary acts in question are central to scientific activity and so cannot be plausibly ignored by a theory of speech acts. The problem is not limited simply to Searle's theory, since even theories which depart markedly from Searle's in other respects are often committed to similar characterizations of assertion. (shrink)

As a part of an attempt to account for the status of Marxism today, this paper explores Slavoj Žižek’s Theory of the Act. Given that, to a point, this theory constitutes a neutralization of certain postmodernist challenges, the paper presents its materialistic-ontological assumptions and genealogically restores its most important conceptual components. It also questions the link between Žižek’s Theory of the Act and the communist Idea and partially elucidates the differences between Žižek’s stance and the post-Marxism of authors such as (...) Ernesto Laclau and Alain Badiou. The hypothesis that guides this work is that even though it is not part of the paradigm of historical materialism, Žižek’s Theory of the Act essentially represents a reinvigoration of Marxist theory and a strengthening of the political-emancipatory practice that the times in which we live require. (shrink)

This paper argues that understanding speech in terms of action requires dispensing with propositions. Austin's outline of speech act theory did not give any role to propositions, which were introduced into speech act theory later on, in order to cope with criticism leveled by Strawson and Searle at Austin's characterization of the locutionary act and his view of the truth/falsity assessment. The introduction of propositions had weakening effects on the claim that speech is action, foregrounding again the received picture of (...) linguistic communication. I show that, in order to make sense of Austin's characterization of the locutionary act, propositions are not needed and give some suggestions as to how one could give an account of the truth/falsity assessment, compatible with the claim that speech is action, without resorting to propositions. (shrink)

A compelling requirement on normative theories is that they should be satisfiable, that is, in every possible choice situation with a finite number of alternatives, there should be at least one performable act such that, if one were to perform that act, one would comply with the theory. In this paper, I argue that, given some standard assumptions about free will and counterfactuals, Objective Act Consequentialism violates this requirement.

The Physician Payments Sunshine Act requires health care product manufacturers to report to the federal government payments more than $10 to physicians. Bringing unprecedented transparency to medicine, PPSA holds great potential for enabling medical stakeholders to manage conflicts of interest and build patient trust—crucial responsibilities of medical professionalism. The authors conducted six focus groups with 42 physicians in Chicago, IL, San Francisco, CA, and Washington, DC, to explore attitudes and experiences around PPSA. Participants valued the concept of transparency but were (...) wary of the law's design and consequences. They downplayed PPSA's potential and felt it undermined public trust. Showing broad unawareness of COI, they dismissed the notion of industry influence and welcomed company “perks.” Misapprehensions may leave physicians unprepared to advance the opportunities PPSA holds for professionalism. The authors offer recommendations for government and medicine to improve physicians' and other stakeholders' understandings and use of the data. (shrink)

Almost all philosophical understandings of tolerance as forbearance require that the reasons for objection and/or the reasons for withholding the power to negatively interfere must be of the morally right kind. In this paper, I instead put forward a descriptive account of an act of tolerance and argue that in the political context, at least, it has several important advantages over the standard more moralised accounts. These advantages include that it better addresses instances of intolerance and that it is able (...) to makes sense of state acts of tolerance. (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)

My central concern is to show that attempts to resolve problems of non-extensionality in abstraction from speech act theory are unsatisfactory. Generally, I shall argue that speech act theory identifies the various units, levels, and dimensions of analysis which are relevant to the problem of non-extensionality. To ignore or underplay this results in interpretations of non-extensionality which are counter-intuitive and plagued with counter-examples. In what follows, I shall first distinguish what I take to be the essential ingredients of the problem (...) of non-extensionality and restrict the primary scope of my discussion to a certain kind of paradigm case, viz., that kind of non-extensional context generated by the use of so-called verbs of propositional attitude. Although other kinds of context must also be reckoned with, I am especially interested in the attitudinal context, because it is here, as I shall try to show, that recent interpretations exhibit a significant philosophical mistake. Then I shall isolate the kind of interpretation I want to emphasize and criticize—one which I label "soft extensionalism." Finally, I shall differentiate those aspects of speech act theory which pertain to non-extensionality and apply them to the paradigm case. This will require a clarification of the role which the locutionary act, the propositional act, and the illocutionary act respectively play in the determination of the referential status of singular terms in linguistic contexts. (shrink)

According to the pragma-dialectical approach to argumentation, for analysing argumentative discourse, a normative reconstruction is required which encompasses four kinds of transformations. It is explained in this paper how speech act conditions can play a part in carrying out such a reconstruction. It is argued that integrating Searlean insights concerning speech acts with Gricean insights concerning conversational maxims can provide us with the necessary tools. For this, the standard theory of speech acts has to be amended in several respects and (...) the conversational maxims have to be translated into speech act conditions. Making use of the rules for communication thus arrived at, and starting from the distribution of speech acts in a critical discussion as specified in the pragma-dialectical model, it is then demonstrated how indirect speech acts are to be transformed when reconstructing argumentative discourse. (shrink)

The chapter contextualizes and reconstructs Walther’s theory of social acts. In her view a given act qualifies as social if it is performed in the name of or on behalf of a community. Interestingly, Walther’s understanding of that notion is patently at odds with the idea of a social act originally propounded by Reinach. According to Reinach, an act is social if it “addresses” other persons and if it, for its success, requires them to grasp it. We claim that to (...) explain Walther’s reconfiguration of this concept, one has to look into the use that Husserl makes of it. Husserl adopts this idea from Reinach to tackle a problem that is not discussed by the latter. This is the problem of how communities, by means of social acts, are “constituted” in consciousness. Walther shares with Husserl the concern about the constitution of communities and her radical revision of Reinach’s idea is presented as an attempt to offer an alternative solution to Husserl’s problem. (shrink)

The Sarbanes–Oxley Act of 2002 requires audit committees of public companies’ boards of directors to install an anonymous reporting channel to assist in deterring and detecting accounting fraud and control weaknesses. While it is generally accepted that the availability of such a reporting channel may reduce the reporting cost of the observer of a questionable act, there is concern that the addition of such a channel may decrease the overall effectiveness compared to a system employing only non-anonymous reporting options. The (...) rationale underlying this concern involves the would-be reporter’s likelihood of reporting, the seriousness with which the organization treats an anonymous report, and the organization’s ability to thoroughly follow-up the report. Thus, we explore the extent to which the availability of an anonymous reporting channel influences intended use of non-anonymous reporting channels. Further, in response to Sarbanes–Oxley and the environment of financial scandals that led to its passage, many firms are strengthening their internal audit departments, and providing them with greater independence from upper management’s direct control. Accordingly, our examination tests whether the intended use of the internal audit department as an internal reporting channel is greater when the internal audit department is of “high” versus “low” quality. Finally, the study investigates intended reporting behavior across three different cases (e.g., settings). Results show that the existence of an anonymous channel does reduce the likelihood of reporting to non-anonymous channels, that generally the internal audit department quality does not affect reporting to non-anonymous channels, and that case-setting affects the type of channel to be used. Implications from the study are discussed. (shrink)

OBJECTIVES: To ascertain which conditions nurses believe should be in a law allowing active voluntary euthanasia (AVE). DESIGN: Survey questionnaire posted to registered nurses (RNs). SETTING: Australian Capital Territory (ACT) at the end of 1996, when active voluntary euthanasia was legal in the Northern Territory. SURVEY SAMPLE: A random sample of 2,000 RNs, representing 54 per cent of the RN population in the ACT. MAIN MEASURES: Two methods were used to look at nurses' opinions. The first involved four vignettes which (...) varied in terms of critical characteristics of each patient who was requesting help to die. The respondents were asked if the law should be changed to allow any of these requests. There was also a checklist of conditions, most of which have commonly been included in Australian proposed laws on AVE. The respondents chose those which they believed should apply in a law on AVE. RESULTS: The response rate was 61%. Support for a change in the law to allow AVE was 38% for a young man with AIDS, 39% for an elderly man with early stage Alzheimer's disease, 44% for a young woman who had become quadriplegic and 71% for a middle-aged woman with metastases from breast cancer. The conditions most strongly supported in any future AVE law were: "second doctor's opinion", "cooling off period", "unbearable protracted suffering", "patient fully informed about illness and treatment" and "terminally ill". There was only minority support for "not suffering from treatable depression", "administer the fatal dose themselves" and "over a certain age". CONCLUSION: Given the lack of support for some conditions included in proposed AVE laws, there needs to be further debate about the conditions required in any future AVE bills. (shrink)

In this paper, I want to challenge some common assumptions in contemporary theories of practical rationality and intentional action. If I am right, the fact that our intentions can be rationalised is widely misunderstood. Normally, it is taken for granted that the role of rationalisations is to show the reasons that the agent had to make up her mind. I will argue against this. I do not object to the idea that acting intentionally is, at least normally, acting for reasons, (...) but I will propose a teleological reading of the expression ‘for reasons.’ On this reading, it is quite possible to act for reasons without having reasons to act. In a similar way, paradigmatic cases of cogent practical reasoning do not require the transference of justification from the premises to the practical conclusion. (shrink)

You can't be convicted of a crime without a guilty act and a guilty mind." A lawyer might dress the same idea up in Latin: "You can't be convicted of a crime without actus reus and mens rea." Things like that are often said, but what do people mean when they say them? Guilty Acts, Guilty Minds proposes an understanding of mens rea and actus reus as limits on the authority of a state, and in particular the authority of a (...) democratic state, to ascribe guilt through positive law to those accused of crime. Actus reus and mens rea are necessary conditions, among others, for the legitimacy, as distinct from the justice, of state punishment. The actus reus requirement disables a democratic state from using its authority, on the one hand, to ascribe guilt to those who didn't realize they were committing a crime, provided they lacked the capacity to realize they were committing a crime; and on the other, to ascribe guilt to those who realized they were committing a crime, but who lacked the capacity to conform their conduct to the requirements of law. The mens rea requirement disables a democratic state from using its authority, on the one hand, to ascribe guilt to those who didn't realize they were committing a crime, provided their ignorance manifested no lack of law-abiding concern for the law and its ends, and on the other, to ascribe guilt to those who realized they were committing a crime, but whose failure to conform to the law nonetheless manifested no lack of law-abiding concern for the law and its ends. (shrink)

In this paper, I want to challenge some common assumptions in contemporary theories of practical rationality and intentional action. If I am right, the fact that our intentions can be rationalised is widely misunderstood. Normally, it is taken for granted that the role of rationalisations is to show the reasons that the agent had to make up her mind. I will argue against this. I do not object to the idea that acting intentionally is, at least normally, acting for reasons, (...) but I will propose a teleological reading of the expression �for reasons.� On this reading, it is quite possible to act for reasons without having reasons to act. In a similar way, paradigmatic cases of cogent practical reasoning do not require the transference of justification from the premises to the practical conclusion. (shrink)

Unrejectability is the property shared by things no one could reasonably reject. Following the lead of T. M. Scanlon, modern contractualists hold Principle Contractualism: An act is obligatory when conformity to unrejectable principles requires its performance. This article entertains Act Contractualism: An act is obligatory when its performance is unrejectable. The article hypothesizes that Principle Contractualism owes its initial plausibility to the assumption that following it somehow realizes unrejectability, if only indirectly. The article then argues that, whereas following Act Contractualism (...) realizes unrejectability, following Principle Contractualism realizes a convoluted, principle-mediated, non-causal conformity relation between acts and unrejectability. But then the notion that this relation is what matters ultimately in action does not seem to enjoy independent plausibility. After interrogating Scanlon's objection that the challenge to the principle-based nature of contractualism is , I conclude that Act Contractualism is the more fitting contractualist theory of obligation. (shrink)

What requirements does morality impose on us in relation to climate change? This question can be asked of individuals, of the entire global population, and of groups of various sizes in between. Given the case for accepting that we all collectively ought to be causing less climate-affecting pollution than we do, what follows from that about the moral status of the actions of members of the larger group? I examine two main ways in which moral requirements on group members can (...) derive from requirements that apply to the larger group. But neither of them seems to apply to the case of climate-affecting pollution. Perhaps this is a case where we together act wrongly, although no-one’s contribution to our doing so is wrong. (shrink)

Moral requirements apply to rational agents as such. But it is a conceptual truth that if agents are morally required to act in a certain way then we expect them to act in that way. Being rational, as such, must therefore suffice to ground our expectation that rational agents will do what they are morally required to do. But how could this be so? It could only be so if we think of the moral requirements that apply to agents as (...) themselves categorical requirements of rationality or reason. For the only thing we can legitimately expect of rational agents as such is that they do what they are rationally required to do (Smith 1994: 85). (shrink)

The Endangered Species Act (ESA) can impose significant limitations on what landowners may do with their property, especially as it pertains to development. These restrictions imposed by the ESA are part of a larger controversy about the reach of the “Takings Clause” of the Fifth Amendment, which says that private property shall not be taken for public use without just compensation. The question this paper addresses is whether these restrictions require compensation. The paper develops a position on the general question (...) of compensation for regulatory takings and applies it to the ESA. The main argument concludes that compensation should be paid. It is based on the proposition that the goods provided by regulatory takings are typically public goods, and on a principle of fairness, which holds that compensation should be paid when those who benefit from a regulatory taking pay virtually nothing and those who pay receive hardly any benefit. It is argued that this principle is implicit in many of the Court's rulings on regulatory takings. (shrink)

The author challenges the recently argued position of Helga Kuhse that caring is merely a preparatory stage to moral action and that impartial, principled thinking is required to make action moral, by suggesting a notion of caring as virtue. If caring is a virtue then acting from that virtue will be acting well. Acting from the virtue of caring involves eight features, which include not only that of being sensitive to, and concerned about, the patient, but also that of being (...) aware of, and sensitive to, the relevant ethical principles. In this way, caring is seen as an overarching quality that gives action its moral character. The moral character of an action does not derive only from its having been performed in the light of principles. (shrink)

Acts of moral heroism are often described by heroes as having been in some sense or another required. Here I elaborate two rival strategies for accounting for what I call the requirement claim. The first, originating with J.O. Urmson, attempts to explain away the phenomenon. The second and more popular among moralists is to treat the requirement claim as a moment of moral insight and to make sense of it in terms of moral duty. I argue that both (...) of these strategies are flawed, in that both fail as an account of the phenomenon in question and are independently problematic. I propose a third, alternative account of the requirement claim based on the concept of practical necessity, which, I argue, avoids the pitfalls of the other views. (shrink)

The Equality Act 2010 brings the concept of indirect discrimination to discrimination on the grounds of religion or belief. This has real potential to require a change in practice in certain types of clinical trials of which relevant ethics committees should be aware.

Over the past five decades, I have been developing a distinctive view of free will according to which it requires that agents be to some degree ultimately responsible for the formation of their own wills. To act ‘of one's own free will’ in this sense is to act ‘from a will’ that is to some extent ‘of one's own free making’. A free will of this ultimate kind has been under attack in the modern era as obscure and unintelligible. In (...) this paper, I discuss the arguments for such a view and compare it to other contemporary views of free will and action. I then address criticisms that such a non‐determinist free will cannot be made intelligible or reconciled with modern science, does not allow sufficient agent control, reduces to mere chance or luck or randomness, leads to various regresses, or fails to account for moral responsibility, among other criticisms. (shrink)

According to the pragma-dialectical approach to argumentation, for analysing argumentative discourse, a normative reconstruction is required which encompasses four kinds of transformations. It is explained in this paper how speech act conditions can play a part in carrying out such a reconstruction. It is argued that integrating Searlean insights concerning speech acts with Gricean insights concerning conversational maxims can provide us with the necessary tools. For this, the standard theory of speech acts has to be amended in several respects and (...) the conversational maxims have to be translated into speech act conditions. Making use of the rules for communication thus arrived at, and starting from the distribution of speech acts in a critical discussion as specified in the pragma-dialectical model, it is then demonstrated how indirect speech acts are to be transformed when reconstructing argumentative discourse. (shrink)

One element of the liberal ideal of secularity is the principle that the state should treat religions neutrally: This is the religious neutrality requirement. Applied to religious belief systems, the principle stipulates that the state should not take a position on whether or not a certain religion is true. I challenge this ideal and argue that teachers in public schools sometimes need to take a position on religious truth claims in order to avoid the risk of promoting false beliefs. (...) I then argue that not acting to avert these implications is sufficiently costly to justify the abandonment of this requirement. (shrink)

Successful language use requires accurate intention recognition. However, sometimes this can be undermined because communication occurs within an interpersonal context. In this research, I used a relatively large set of speech acts (n = 32) and explored how variability in their inherent face‐threat influences the extent to which they are successfully recognized by a recipient, as well as the confidence of senders and receivers in their communicative success. Participants in two experiments either created text messages (senders) designed to perform a (...) specific speech act (e.g., agree) or interpreted those text messages (receivers) in terms of the specific speech act being performed. The speech acts were scaled in terms of their degree of face threat. In both experiments, speech acts that were more threatening were less likely to be correctly recognized than those that were less threatening. Additionally, the messages of the more threatening speech acts were longer and lower in clout than the less threatening speech acts. Senders displayed greater confidence in communicative success than receivers, but judgments of communicative success (for both senders and receivers) were unrelated to actual communicative success. The implications of these results for our understanding of actual communicative episodes are discussed. (shrink)