In this book, Newell makes the case for unified theories by setting forth a candidate.

This book is the most comprehensive treatment available of one of the most urgent - and yet in some respects most neglected - problems in bioethics: decision-making for incompetents. Part I develops a general theory for making treatment and care decisions for patients who are not competent to decide for themselves. It provides an in-depth analysis of competence, articulates and defends a coherent set of principles to specify suitable surrogate decisionmakers and to guide their choices, examines the value of advance (...) directives, and investigates the role that considerations of cost ought to play in decisions concerning incompetents. Part II applies this theoretical framework to the distinctive problems of three important classes of individuals, many of whom are incompetent: minors, the elderly and psychiatric patients. The authors' approach combines a probing analysis of fundamental issues in ethical theory with a sensitive awareness of the concrete realities of health care institutions and the highly personal and individual character of difficult practical problems. Its broad scope will appeal to health professionals, moral philosophers and lawyers alike. (shrink)

This book, written by four internationally renowned bioethicists and first published in 2000, was the first systematic treatment of the fundamental ethical issues underlying the application of genetic technologies to human beings. Probing the implications of the remarkable advances in genetics, the authors ask how should these affect our understanding of distributive justice, equality of opportunity, the rights and obligations as parents, the meaning of disability, and the role of the concept of human nature in ethical theory and practice. The (...) book offers a historical context to contemporary debate over the use of these technologies by examining the eugenics movement of the late nineteenth and early twentieth centuries. The questions raised in this book will be of interest to any reflective reader concerned about science and society and the rapid development of biotechnology, as well as to professionals in such areas as philosophy, bioethics, medical ethics, health management, law, and political science. (shrink)

Steven Pinker has said that one of the most important questions humans can ask of themselves is whether moral progress has occurred or is likely to occur. Buchanan and Powell here address that question, in order to provide the first naturalistic, empirically-informed and analytically sophisticated theory of moral progress--explaining the capacities in the human brain that allow for it, the role of the environment, and how contingent and fragile moral progress can be.

This important new study offers a powerful exposition of the ethical theory underlying Hegel's philosophy of society, politics, and history. Professor Woodshows how Hegel applies his theory to such topics as human rights, the justification of legal punishment, criteria of moral responsibility, and the authority of individual conscience. The book includes a critical discussion of Hegel's treatment of other moral philosophers, provides an account of the controversial concept of 'ethical life', and shows the relation between the theory and Hegel's critical (...) assessment of modern social institutions. The book is nontechnical and should interest anyone concerned with Hegel's ethical and political thought, including philosophers, political scientists, intellectual historians and students of German culture. (shrink)

Introduction : the politics of our selves -- Foucault, subjectivity, and the enlightenment : a critical reappraisal -- The impurity of practical reason : power and autonomy in Foucault -- Dependency, subordination, and recognition : Butler on subjection -- Empowering the lifeworld? autonomy and power in Habermas -- Contextualizing critical theory -- Engendering critical theory.

What determines qualitative sameness and difference? This book explores four principal accounts of the ontological basis of properties, including universals, trope theory, resemblance nominalism, and class nominalism, considering the assumptions and ontolological commitments which are required to make each into a plausible account of properties. -/- The latter half of the book investigates the applications of property theory and the different conceptions of properties which might be adopted with these in mind: first, the possibility and desirability of individuating properties, and (...) the distinction between sparse and abundant conceptions of properties; second, the distinction between intrinsic and extrinsic properties; third, the relationship between properties and their causal powers, and whether this is necessary or contingent; fourth, the relationship between properties and causation, modality, and laws of nature; finally, whether properties exist objectively, and if they do, what our epistemic position is with respect to such entities. (shrink)

All theories of the right to secede either understand the right as a remedial right only or also recognize a primary right to secede. By a right in this context is meant a general, not a special, right (one generated through promising, contract, or some special relationship). Remedial Right Only Theories assert that a group has a general right to secede if and only if it has suffered certain injustices, for which secession is the appropriate remedy of last resort.1 Different (...) Remedial Right Only Theories identify different injustices as warranting the remedy of secession. (shrink)

This is a systematic evaluation of the main arguments for and against the market as an instrument of social organization, balancing efficiency and justice. It links the distinctive approaches of philosophy and economics to this evaluation.

The term ‘mechanism’ has been used in two quite different ways in the history of biology. Operative, or explanatory mechanism refers to the step-by-step description or explanation of how components in a system interact to yield a particular outcome . Philosophical Mechanism, on the other hand, refers to a broad view of organisms as material entities, functioning in ways similar to machines — that is, carrying out a variety of activities based on known chemical and physical processes. In the early (...) twentieth century philosophical Mechanism became the foundation of a ‘new biology’ that sought to establish the life sciences on the same solid and rigorous foundation as the physical sciences, including a strong emphasis on experimentation. In the context of the times this campaign was particularly aimed at combating the reintroduction of more holistic, non-mechanical approaches into the life sciences . In so doing, Mechanists failed to see some of the strong points of non-vitalistic holistic thinking. The two approaches are illustrated in the work of Jacques Loeb and Hans Spemann. (shrink)

This important study, the first book-length treatment of an increasingly crucial topic, treats the moral issues of secession at two levels. At the practical level, Professor Buchanan develops a coherent theory of the conditions under which secession is morally justifiable. He then applies it to historical and contemporary examples, including the U.S. Civil War and more recent events in Bangladesh, Katanga, and Biafra, the Baltic states, South Africa, and Quebec. This is the first systematic account of the conditions and terms (...) that justify secession from a political union.But Buchanan also locates this account of the right to secede in the broader context of contemporary political thought, introducing readers to influential accounts of political society such as contractarianism and communitarianism, and showing how the possibility of secession fits into a more complete understanding of political community and political obligation.At both levels this is an important book. It will interest not just political and social theorists but any reader concerned with one of the most momentous issues of our day: the future of troubled political federations and other states under conditions of ethnic and cultural pluralism. (shrink)

Much of the debate about the ethics of enhancement has proceeded according to two framing assumptions. The first is that although enhancement carries large social risks, the chief benefits of enhancement are to those who are enhanced (or their parents, in the case of enhancing the traits of children). The second is that, because we now understand the wrongs of state-driven eugenics, enhancements, at least in liberal societies, will be personal goods, chosen or not chosen in a market for enhancement (...) services. This article argues that both framing assumptions must be rejected, once it is understood that some enhancements— especially those that are most likely to garner resources and become widespread— will increase human productivity. Once one appreciates the productivity-increasing potential of enhancements, one can begin to see that enhancement need not be primarily a zero sum affair, that the social costs of forgoing enhancements may be great, and that the state may well take an interest in facilitating biomedical enhancements, just as it does in facilitating education and other productivity-increasing traditional enhancements. Appreciating the productivity-increasing potential of enhancements also makes it possible to view the enhancement debate in a new light, through the lens of the ethics of development. (shrink)

Over a career spanning nearly seven decades, Jürgen Habermas - one of the most important European philosophers of the twentieth and twenty-first centuries - has produced a prodigious and influential body of work. In this Lexicon, authored by an international team of scholars, over 200 entries define and explain the key concepts, categories, philosophemes, themes, debates, and names associated with the entire constellation of Habermas's thought. The entries explore the historical, philosophical and social-theoretic roots of these terms and concepts, as (...) well as their intellectual and disciplinary contexts, to build a broad but detailed picture of the development and trajectory of Habermas as a thinker. The volume will be an invaluable resource for students and scholars of Habermas, as well as for other readers in political philosophy, political science, sociology, international relations, cultural studies, and law. (shrink)

Over the past 25 years, UK government policy exhortations to promote and increase exercise and physical activity levels in the population have increased in volume. In recent years, too, there has been growing sociological interest in exercise and physical activity embodiment issues, including within phenomenologically-inspired research into lived-body experiences. This article contributes original insights to a developing body of phenomenological-sociological empirical work in this domain, in addressing the lived experience of organised exercise in outdoor environments, and specifically in theorising the (...) role of ‘lived weather’ in contouring these experiences. It thus addresses the call by Vannini et al. (2012) to remedy the notable ‘absent-presence’ of weather in much social science research. Drawing upon data from a two-year multi-disciplinary, multi-institutional ethnographic study of a nationwide exercise programme in Wales, UK, this article examines participants’ (n = 146) lived experience of weather, and theorises their ‘weather learning’, and ‘weather work’, both of which emerged as highly salient in the findings. (shrink)

According to naïve realist (or primitivist) theories of colour, colours are sui generis mind-independent properties. The question that I consider in this paper is the relationship of naïve realism to what Mark Johnston calls Revelation, the thesis that the essential nature of colour is fully revealed in a standard visual experience. In the first part of the paper, I argue that if naïve realism is true, then Revelation is false. In the second part of the paper, I defend naïve realism (...) against a number of objections. (shrink)

In his first paper on the special theory of relativity, Einstein indicated that the question of whether or not two spatially separated events were simultaneous did not necessarily have a definite answer, but instead depended on the adoption of a convention for its resolution. Some later writers have argued that Einstein's choice of a convention is, in fact, the only possible choice within the framework of special relativistic physics, while others have maintained that alternative choices, although perhaps less convenient, are (...) indeed possible. (shrink)

Institutionalizing the Just War provides a new approach to theorizing the morality of war and argues that sound moral principles regarding war-making must take into account the fact that the validity of moral principles can depend upon existing institutions and social practices.

Questions about fish consciousness and cognition are receiving increasing attention. In this paper, I explain why one must be careful to avoid drawing conclusions too hastily about this hugely diverse set of species.

The subject of this book is moral change, including moral progress and regression. The intention is to use the best thinking about the evolution of morality and the best available social science research to determine the possibilities for progressive change in human moralities by examining important morally progressive changes that have already occurred, in order to determine the social conditions that are conducive to moral progress.

The view that the mind-dependence of colour is implicit in our ordinary thinking has a distinguished history. With its origins in Berkeley, the view has proved especially popular amongst so-called ‘Oxford’ philosophers, proponents including Cook Wilson (1904: 773-4), Pritchard (1909: 86-7), Ryle (1949: 209), Kneale (1950: 123) and McDowell (1985: 112). Gareth Evans’s discussion of secondary qualities in “Things Without the Mind” is representative of this tradition. It is his version of the view that I consider in this paper.

Appeals to the idea of human nature are frequent in the voluminous literature on the ethics of enhancing human beings through biotechnology. Two chief concerns about the impact of enhancements on human nature have been voiced. The first is that enhancement may alter or destroy human nature. The second is that if enhancement alters or destroys human nature, this will undercut our ability to ascertain the good because, for us, the good is determined by our nature. The first concern assumes (...) that altering or destroying human nature is in itself a bad thing. The second concern assumes that human nature provides a standard without which we cannot make coherent, defensible judgments about what is good.I will argue (1) that there is nothing wrong, per se, with altering or destroying human nature, because, on a plausible understanding of what human nature is, it contains bad as well as good characteristics and there is no reason to believe that eliminating some of the bad would so imperil the good as to make the elimination of the bad impermissible, and (2) that altering or destroying human nature need not result in the loss of our ability to make judgments about the good, because we possess a conception of the good by which we can and do evaluate human nature. I will argue that appeals to human nature tend to obscure rather than illuminate the debate over the ethics of enhancement and can be eliminated in favor of more cogent considerations. (shrink)

Methodologically rigorous description, analysis, and critique of postmodern phenomena presuppose a rigorous theory of postmodernity, for which the philosophy of Martin Heidegger holds great untapped promise. This essay explicates the basic content of Heidegger’s “metametaphysics,” since for Heidegger a “metaphysics” is the epochally prevailing projection of the meaning of being in general, and he offers a theory of Western metaphysics. I begin with Heidegger’s analysis of the “regional ontologies” of the sciences in his 1927 magnum opus Being and Time, since (...) the metametaphysical works of the “late middle” Heidegger in the 1930s–1940s extend this analytical framework to metaphysics as global ontology. I then explicate Heidegger’s views on modern metaphysics, focusing on his analyses of modern science and the philosophy of Descartes, before turning to his theory of postmodernity, which I extract from his analyses of modern technology and the philosophy of Nietzsche. (shrink)

This distinction has sometimes been read as purely epistemic, resting not on things, but on our knowledge of them: there is one world, not two, though it may be apprehended in two ways. But this view is patently at odds with the text. Knowledge and opinion are δυνάμεις, "faculties," to be distinguished and defined by their objects, no less than by the state of mind they produce, and Plato clearly states that the fallibility and unclearness of opinion is rooted in (...) the relative unreality of opinables. (shrink)

Weather experiences are currently surprisingly under-explored and under-theorised in sociology and sport sociology, despite the importance of weather in both routine, everyday life and in recreational sporting and physical–cultural contexts. To address this lacuna, we examine here the lived experience of weather, including ‘weather work’ and ‘weather learning’, in our specific physical–cultural worlds of distance-running, triathlon and jogging in the United Kingdom. Drawing on a theoretical framework of phenomenological sociology, and the findings from five separate auto/ethnographic projects, we explore the (...) ‘weather-worlds’ and weather work involved in our physical–cultural engagement. In so doing, we address ongoing sport sociological concerns about embodiment and somatic, sensory learning and ways of knowing. We highlight how weather work provides a key example of the phenomenological conceptualisation of the mind–body–world nexus in action, with key findings delineating weather learning across the meteorological seasons that contour our British weather-related training. (shrink)

This essay articulates a crucial and neglected element of a general theory of the ethics of bureaucratic organizations, both private andpublic. The key to the approach developed here is the thesis that the distinctive ethical principles applicable to bureaucratic organizations are responses to the distinctive agency-risks that arise from the nature of bureaucratic organizations as complex webs of principal/agent relationships. It is argued that the most important and distinctive ethical principles for bureaucratic organizations express commitments on the part of bureaucrats (...) that function to reduce the agency risks that are inherent in such organizations. This approach to the ethics of bureaucratic organizations is shown to be more illuminating than those that concentrate exclusively or primarily on determining the conditions for corporate responsibility or on the idea that the ethical obligations distinctive of bureaucracies are role-derived. (shrink)

1. There is no dearth of objections to Rawls's A Theory of justice. Scores of articles and several books begin by praising the rigor and depth of Rawls's book — and end by concluding that it is thoroughly mistaken. In the present essay I will not add to the list of negative responses to A Theory of Justice. Instead I will attempt to reply to Rawls's critics in a way which makes a positive contribution to his theory.2. Among the many (...) objections that have been raised against Rawls's theory, two are of paramount importance. It is these two objections I shall attempt to meet. They may be formulated as follows. (shrink)

Our goal in this paper is to provide enough of an account of the origins of cognitive ethology and the controversy surrounding it to help ethicists to gauge for themselves how to balance skepticism and credulity about animal minds when communicating with scientists. We believe that ethicists’ arguments would benefit from better understanding of the historical roots of ongoing controversies. It is not appropriate to treat some widely reported results in animal cognition as if their interpretations are a matter of (...) scientific consensus. It is especially important to understand why loose references to “cognitive ethology” by philosophers can signal ignorance of the field to scientists who are more deeply immersed in the relevant literature. Understanding the variety of approaches to cognitive phenomena in animals is essential if such capacities are to form the foundation of scientifically-informed ethical reasoning about animals. (shrink)

Legal scholarship exploring the nature of evidence and the process of juridical proof has had a complex relationship with formal modeling. As evident in so many fields of knowledge, algorithmic approaches to evidence have the theoretical potential to increase the accuracy of fact finding, a tremendously important goal of the legal system. The hope that knowledge could be formalized within the evidentiary realm generated a spate of articles attempting to put probability theory to this purpose. This literature was both insightful (...) and frustrating. Much light was shed on the legal system, but it also quickly became evident that the tools of probability theory were in many ways ill-constructed for the task. Fundamental incompatibilities between the structure of legal decision making and the extant formal tools were identified, and it became evident that many of the purported explanations of legal phenomena were internally inconsistent. As a consequence, interest in this type of formal modeling declined, and attention was directed toward different kinds of explanations of the phenomena. Perhaps under the influence of a recent trend toward various types of formal modeling in legal scholarship, a recent burst of articles, rather than attempting to explain the macro structure of trials, which was the previous object of interest, attempts to quantify the probative value of various items of evidence in ways consistent with the formal features of various probability theories, and then to study decision making from that perspective. For example, the value of evidence is often purported to be its likelihood ratio, that is, the probability of discovering or receiving the evidence given a hypothesis (e.g., the defendant did it) divided by the probability of discovering or receiving the evidence given the negation of the hypothesis (the defendant didn't do it). Alternatively, the value of evidence is purported (more contextually) to be the information gain it provides, defined as the increase in probability it provides for a hypothesis above the probability of the hypothesis based on the other available evidence. Both conceptions then assume that all of the various probability assessments conform or ought to conform to the dictates of Bayes' theorem (that maintains consistency among such assessments); empirical studies are then done testing the extent to which this is so and proposing how the law can increase the probability that it is so. The general criticisms of using Bayes' theorem as a formal model of juridical proof are well known and were integral to the last wave of interest in formal modeling of the evidentiary process. This paper thus for the most part puts aside that more general issue, and focuses specifically on mathematical modeling of the value of particular items of evidence. The paper demonstrates that formal modeling has only limited value in explaining the value of legal evidence, much more limited than those constructing and discussing the models assume, and thus that the conclusions they draw about the value of evidence are unwarranted. This is done through a discussion of four recent examples that attempt to quantify evidence relating to, respectively, carpet fibers, infidelity, DNA random-match evidence, and character evidence used to impeach a witness. This article thus makes two contributions. First, and most importantly, it is another demonstration of the complex relationship between algorithmic tools and legal decision making. Second, at a minimum it points out serious pitfalls for analytical or empirical studies of juridical proof. (shrink)

Recent years have seen a burgeoning in phenomenological research on sport, physical cultures and exercise. As editors and reviewers, however, we frequently and consistently see social science articles that claim to be ‘phenomenological’ or to use phenomenology, but the reasons for such claims are not always evident. Indeed, on closer reading, many such claims can often turn out to be highly problematic. At this point, we should clarify that our ‘terrain de sport’ constitutes what has been termed ‘empirical phenomenology’ (Martínková (...) & Parry, 2011) and more specifically from our own ‘home’ discipline, a phenomenologically inspired form of sociology. This latter tradition was developed in North America by Alfred Schütz (1972). By this, we do not mean philosophical phenomenology in all its rich and varied strands, the modern form of which was inspired by Edmund Husserl’s (1913/2002) descriptive and/or transcendental phenomenology. The term itself is derived from the Greek phainomenon, from the root phôs, meaning ‘light’, thus referring to something that is placed in the light, made apparent or shown. Phenomenology is therefore the study of phenomena, things as they present themselves to, and are perceived in consciousness. Importantly, it is not just another form of qualitative research; a point which we discuss later. (shrink)

This book brings together ten influential essays on justice and healthcare, written by a major figure in bioethics and political philosophy. What emerges is a systematic and unified approach to the issues that challenges widely-held dogmas and unsettles the framing assumptions of a number of prominent debates. Unlike most work in bioethics, this book takes the problem of implementing justice seriously, exploring the relationship between institutions, incentives, and moral commitments.

"... some very serious critiques of French existential phenomenology and post-structuralism... the contributors offer some refreshingly new insights into some tried and 'true' philosophical texts and more recent works of literary theory." -- Philosophy and Literature "By bridging the gap between 'analytic' and 'continental' philosophy, the authors of The Thinking Muse: Feminism and the Modern French Philosophy largely overcome the cultural polarity between 'male thinker' and 'female muse'." -- Ethics "These engaging essays by American Feminists bring toether feminist philosophy, existential (...) phenomenology, and recent currents in French poststructuralist thought. The editors provide an excellent introductory overview, making this an ideal book for courses in feminist theory and philosophy and modern French thought." -- Philosopher's Index "The concerns raised in this volume are substantial.... a solid addition to the canon of American feminist philosophy." -- Philosophy and Literature "... a forum for feminist appropriations of existential and post-structuralist philosophy." -- Canadian Philosophical Reviews Marking a radical shift in the traditional philosophical separation between muse (female) and thinker (male), The Thinking Muse revises the scope and methods of philosophical reflection. These engaging essays by American feminists bring together feminist philosophy, existential phenomenology, and recent currents in French poststructuralist thought. (shrink)

Recently, Australia became the second jurisdiction worldwide to legalize the use of mitochondrial donation technology. The Mitochondrial Donation Law Reform (Maeve’s Law) Bill 2021 allows individuals with a family history of mitochondrial disease to access assisted reproductive techniques that prevent the inheritance of mitochondrial disease. Using inductive content analysis, we assessed submissions sent to the Senate Committee as part of a programme of scientific inquiry and public consultation that informed drafting of the Bill. These submissions discussed a range of bioethical (...) and legal considerations of central importance to the political debate. Significantly, submissions from those with a first-hand experience of mitochondrial disease, including clinicians and those with a family history of mitochondrial disease, were in strong support of this legislation. Those in support of the Bill commended the two-staged approach and rigorous licencing requirements as part of the Bill’s implementation strategy. Submissions which outlined arguments against the legislation either opposed the use of these techniques in general or opposed aspects of the implementation strategy in Australia. These findings offer a window into the ethical arguments and perspectives that matter most to those Australians who took part in the Senate inquiry into mitochondrial donation. The insights garnered from these submissions may be used to help refine policy and guidelines as the field progresses. (shrink)

A collection of essays on the work of Latin American philosopher Enrique Dussel, focusing on his ethics of liberation.

In this paper we argue that there is much to learn about “wild justice” and the evolutionary origins of morality – behaving fairly – by studying social play behavior in group-living mammals. Because of its relatively wide distribution among the mammals, ethological investigation of play, informed by interdisciplinary cooperation, can provide a comparative perspective on the evolution of ethical behavior that is broader than is provided by the usual focus on primate sociality. Careful analysis of social play reveals rules of (...) engagement that guide animals in their social encounters. Because of its significance in development, play may provide a foundation of fairness for other forms of cooperation that are advantageous to group living. Questions about the evolutionary roots of cooperation, fairness, trust, forgiveness, and morality are best answered by attention to the details of what animals do when they engage in social play – how they negotiate agreements to cooperate, to forgive, to behave fairly, and to develop trust. We consider questions such as why play fairly? Why did play evolve as it has? Does “being fair” mean being more fit? Do individual variations in play influence an individual’s reproductive fitness? Can we use information about the foundations of moral behavior in animals to help us understand ourselves? We conclude that there is likely to be strong selection for cooperative fair play because there are mutual benefits when individuals adopt this strategy and group stability may also be fostered. Numerous mechanisms have evolved to facilitate the initiation and maintenance of social play, to keep others engaged, so that agreeing to play fairly and the resulting benefits of doing so can be readily achieved. (shrink)

What is the relationship between being coloured and looking coloured? According to Alva Noë, to be coloured is to manifest a pattern of apparent colours as the perceptual conditions vary. I argue that Noë’s ‘phenomenal objectivism’ faces similar objections to attempts by traditional dispositionalist theories of colour to account for being coloured in terms of looking coloured. Instead, I suggest that to be coloured is to look coloured in a ‘non-perspectival’ sense, where non-perspectival looks transcend specific perceptual conditions.