Absence of health, that is, sickness in Africa is viewed in personalistic terms. A disease is explained as effected by 'the active purposeful intervention of an agent, who may be human', non-human (a ghost, an ancestor, an 'evil spirit), or supernatural (a deity or other very powerful being)' (Foster). Illness is thus attributed to breaking of taboos, offending God and/ or ancestral spirits; witchcraft, sorcery, the evil eye, passion by an evil spirit and a curse from parents or from an (...) offended neighbour. In view of these personalistic theories of ill health, treatment is through ritual purification, exorcism or sacrifices. For an appropriate diagnosis and intervention, it is imperative to determine 'who' caused the illness and then 'why' it was caused, to which answers are offered through divination by a healer. This interpretive framework, is applicable to all types of sickness, facilitates co-existence of African traditional healing and biomedical treatment, that is, plurality of health seeking practices. The approach fails to offer a constructive approach and contradicts the biblical healing framework whereby one may not have explanatory causes to a situation of ill health. This article engaged the biblical concept of shalōm as a relevant constructive framework. The Hebrew concept of shalōm, though distinctly salvific, is inclusive of holistic and personalistic healing aspects. The concept encompasses constructive aspects of completeness, wholeness, health, peace, welfare, safety, soundness, tranquillity, prosperity, perfectness, fullness, rest, harmony and the absence of agitation or discord, which provides a useful holistic healing theological framework. It therefore provides a health and well-being framework that is relational, sensitive and applicable to healing patterns in Africa. Using the case study of the Abaluyia people of East Africa, this article discussed bereavement as a state that requires healing and how the biblical framework of shalōm could be applied in fostering bereavement healing. (shrink)

A feminist theory of content allows us to appreciate the nuanced role that historical and socio-cultural forces play in shaping the content of many of our terms. In this chapter, Maitra first shows how the classic articulation of externalism in literature is ineffective for feminist purposes. She then identifies two important ingredients that a feminist theory of content requires, namely, accounts of how the social and physical world shape content and what is required to transform that content. The final part (...) of her argument develops the first approximation of a feminist theory of content drawing from Ruth Millikan’s “consumer” account of meaning and mental representation. Using as an example José Jorge Mendoza’s analysis of how the history of U. S. immigration and citizenship law has shaped the term ‘whiteness,’ this chapter argues that feminist theorizing and activism stand to benefit from the possibility of a feminist theory of mental content that makes explicit how the contents of many terms with social and political import are determined and held stable. (shrink)

Chandra Mohanty, in introducing the phrase “feminism without borders,” acknowledges that she is influenced by the image of “doctors without borders” and wants to highlight the multiplicity of voices and viewpoints within the feminist coalition. So the question of agency assumes primary significance here. But answering the question of agency becomes harder once we try to accommodate this multiplicity. Take, for example, the practice of veiling among certain Muslim women. As many third-world feminists have pointed out, although veiling can't simply (...) be perceived as an expression of women's oppression, it can't be perceived as an expression of “free agency” either since what is required for true feminist agency is women's ability to “formulate choices” and not simply to make choices. In this paper I argue that this ability includes two related abilities: first, to develop a perspective of self that acknowledges and accepts its own grounding in its given intersectionalities; second, to realize that its interdependencies and interconnectivities enable a sense of continuity and solidarity that works collaboratively toward consensus without sacrificing or stifling all differences. My main argument is that feminist self-consciousness informed by Buddhist mindfulness gives us opportunities to articulate clearly and to cultivate both of these abilities. (shrink)

In her 2007 book Epistemic Injustice Miranda Fricker identifies testimonial injustice as a case where a hearer assigns lower credibility to a speaker due to “identity prejudice.” Fricker considers testimonial injustice as a form of epistemic injustice since it wrongs the speaker “in her capacity as a knower.” Fricker recommends developing the virtue of “testimonial justice” to address testimonial injustice. She takes this virtue to involve training in a “distinctly reflexive critical social awareness.” The main goal of this article is (...) to argue that Fricker's proposed training falls short of the target and that a cultivation of the capacity of being present—the ability to be mindful—would be necessary to develop the critical social awareness that Fricker requires. I want to explore the impact of compassion and open‐mindedness—virtues cultivated in mindfulness training—on testimonial justice specifically and virtue epistemology generally. In attempting to develop an epistemic account informed by mindfulness—a mindful epistemology—my primary goal is to bring Buddhist insights on how to anchor the mind by training it to be fully present and attentive into the focus of mainstream Western philosophy. More specifically, I argue that doing so allows us to appreciate the crucial role that a prediscursive level of cultivation plays in the development of testimonial justice. (shrink)

This paper examines the often-mentioned similarity in comparative moral philosophy between the Hindu Text Bhagavad-Gita’s notion of duty and Kant’s notion of duty. It is commonly argued that they are similar in their deontological nature where one is asked to perform one’s duty for the sake of duty only. I consider three related questions from Gita’s and Kant’s perspectives. First, What is the source of our duties: Self or Nature; second, How do we know that an act x is our (...) duty, and third, What would be an acceptable example of a duty. In all these three cases I show that their respective answers diverge quite clearly and conclude by arguing that the reason for this divergence lies in their respective contexts: while the ideal of Kantian morality is to become a member of the ‘kingdom of ends’, the aims of the Gita’s system of duties are the sustenance of the social order and the realization of one’s identity with the Supreme Self. (shrink)

Consciousness is a central topic in Hindu philosophy. This is because this philosophy understands reality in terms of brahman or atman (typically translated as the self), and consciousness is conceived as the essential marker of self. The prominent Hindu text Bhagavad Gita offers an exception. Self is conceived in the Gita not in terms of its essential identity with pure or transcendental consciousness. But the question remains, does the Gita still offer us a theory of consciousness? The goal of my (...) paper is to show that the Gita can be taken as offering an interesting empirical theory of consciousness. My paper focuses on determining the nature of attention in the Gita's understanding of yoga, and to articulate the role of such attention in the Gita's theory of consciousness. My working conclusion is that what differentiates an ordinary person's consciousness from a yogi's consciousness is the nature of their attention both in terms of its manner and its object. I argue, further, that exploring the Gita's theory of consciousness, especially in conjunction with the nature of attention, is immensely fruitful because it allows us to see the Gita's potential contribution to our contemporary philosophical discussion of consciousness and attention. This is because bringing the Gita into discussion allows us to appreciate a dimension of the metaphysics of attention–namely, the dimension of manner of attending and its cultivation, and the moral and social implications in the proposed redirection of one's attention--not often recognized in the contemporary Western discussion. (shrink)

Bhagavad-gītā: A Critical Introduction is a collection of ten original chapters authored by nine scholars of the Gītā. While no single theme runs through all the chapters, they all revolve around the hermeneutics of the Gītā, especially in the exegetical and commentarial traditions. The first three chapters focus on the questions of structure of the text, both in terms of its organizational form and the coherence of its content. Chapters 4 through 6 focus on the Gītā's commentarial and exegetical history (...) especially within the Vaiṣṇava tradition. Chapters 7 through 9 focus on the socio-religious and cultural impacts of the Gītā that expand the scope of its influences. Finally, chapter 10 brings the focus back to... (shrink)

A recent trend in curriculum reform argues that a successful liberal education curriculum must incorporate courses on multiculturalism. Though there is some agreement on what topics to cover in those courses, very little attention has so far been directed to the issue of how those courses must be designed. What is important in addressing this 'how' question is a clear understanding of the concepts involved. The question I explore in this paper is: what is the best way of understanding the (...) nature of the concept of 'Indian culture' that would in turn help us achieve the proposed goal of liberal education. I argue that neither essentialism nor postmodernism - the two popular ways of understanding a concept in mainstream philosophy - is going to be of much help. I also consider a historical alternative suggested by Uma Narayan. I then offer a naturalist way of understanding this concept and note its relative advantages over Narayan's historical account. (shrink)

This paper explores the role of Buddhist mindfulness in developing a feminist conception of self-consciousness. I will open with a discussion of the role and function of self-consciousness within feminist consciousness. Although largely unrecognized in the literature, feminist self-consciousness is an essential component of feminist consciousness and, as such, the political activity of feminist consciousness-raising is dependent on the development of a distinctively feminist self-consciousness. Mindfulness is understood in terms of certain meditative practices to attain an altered consciousness that provides (...) a better awareness of one’s bare subjectivity. In Buddhism successful mindfulness results in a cessation of suffering and pain and finally of the self itself as ordinarily understood (anatman). I will argue that similar meditative practices can play a role in articulating feminist self-consciousness. Techniques used to cultivate mindfulness can help us articulate and attain a feminist self-consciousness that takes into account the particular situations, contexts, and positions of individual women and does not homogenize them in one group in an essentialist fashion. What makes the comparative relevance of Buddhist thinking on self-consciousness to feminism interesting is their shared suspicion of essentialism and shared interest in finding ways to liberation. One of the central points of this paper is that meditative practices associated with attaining mindfulness could provide a perspective to attain self-consciousness in many feminist contexts. -/- At first glance, this comparative engagement may seem far-fetched and at best forced. One might argue that while the Buddhist engagement with liberation is motivated by an other-worldly concern, feminist conception of liberation is fundamentally this-worldly. Even with this difference, however, it seems worthwhile to explore how understanding mindfulness and its associated meditative practices can illuminate our understanding of feminist self-consciousness. Especially if meditative practices are understood not as a means to withdraw from the world but to engage with it with a better understanding of reality, then that kind of self-knowledge can certainly be useful to understanding and raising feminist consciousness. (shrink)

Vrinda Dalmiya's Caring to Know is an exciting, impressive, and above all important work on caring in ethics and epistemology. Its central focus is to articulate what Dalmiya calls "care-knowing"—which proposes care as a basic intellectual virtue. In developing its dual aspects—caring as a process and caring as a disposition—Dalmiya offers a systematic argument that defends the viability and efficacy of care-knowing. The early chapters set the stage by offering a "thumbnail" account of the main moves in the literature on (...) care ethics and virtue epistemology. All the building blocks are then assembled to develop the central concept of the book, namely the virtue of "relational humility," a... (shrink)

Authored with Melissa Burchard. The two authors have shared for nearly twelve years a dialogue regarding maternal matters, and ambivalence is at the heart of many of them. What we have come to believe is that maternal ambivalence is heavily shaped by socio-cultural factors lying outside/beyond a mother’s will. This leads us to challenge recent discussions in philosophy which characterize ambivalence in terms of unresolved conflict among one’s desires and thus a problem of will, or as insufficient coherence in one’s (...) identity. Drawing from our personal experiences of maternal ambivalence, colored as they are by our socio-cultural backgrounds, we argue that socio-cultural factors shape not only the experience of maternal ambivalence but the very phenomenon. We approach this issue through a feminist project of actively shared knowledge construction, privileging personal and conversational narrative as a ground for theorizing. After framing the issues, we offer a set of dialogues between us that explicitly reflect the issues of ambivalence we have pursued over the years. This enables us to demonstrate the profoundly situated nature of our understanding of maternal ambivalence as it emerges through the stories and conversations we relate, on questions ranging from whether to have children or not and which children to have (adopting), to how being a (good) mother differs for Indian and American women who are also philosophers. We believe this is important methodologically as well as for its content, as dialogical construction of knowledge is appropriate for feminist investigations as much as dialectical process is for philosophical ones. Further, the interplay of our quite different perspectives offers unique insights, as we engage in both comparative and constructive analyses at the same time. -/- The most significant implication of our discussion is that maternal ambivalence cannot be adequately theorized or responded to without direct attention to situatedness because of the many features of both mothering and ambivalence that are affected by particularities. So, for example, we argue that in some cultural discourses of mothering, admitting ambivalence is a betrayal of cultural/maternal values, whereas other cultures have at least some room for expressing ambivalence without serious censure. Ultimately, we conclude that although maternal ambivalence itself is often seen as an indicator of failure or wrongness in mothering, it is more reasonable to see it as an ordinary response to a complex, layered and demanding experience, and an indicator of the difficulties of mothers’ situations and depths of self-reflection. (shrink)

In the Discourse on Metaphysics Leibniz writes, 'Our perceptions are always true, it is our judgments that come from ourselves that deceive us' (section 14). Leroy Loemker in his 'Leibniz's Doctrine of Ideas' criticizes this account of error. His main worry can be presented in the form of the following syllogistic argument, which he derives from Leibniz's doctrine of ideas: (a) There cannot be a false perception; (b) All judgments are perceptions; and therefore (c) There cannot be a false judgment. (...) However, in this paper I argue that Leibniz can distinguish between a perception and a judgment in their semantic aspect. The sense in which a perception turns out to be false (or true) for Leibniz is different from the sense in which a judgment turns out to be false (or true). This is because, while a perception, understood in Leibniz's terms, lacks truth-conditions, a judgment, in being representational, has such conditions. Thus while a perception remains true always, a judgment can be false. Pointing to the equivocal use of 'false' in (a) and (c) above, I conclude that (c) does not follow from (a) and (b). (shrink)

The rapid development of COVID-19 vaccines in 2020 involved an unprecedented clinical research initiative. The case here involves a Phase I clinical trial of “second-generation” COVID-19 vaccines d...

Andrew Eshleman has argued that atheists can believe in God by being fully engaged members of religious communities and using religious discourse in a non-realist way. He calls this position 'fictionalism' because the atheist takes up religion as a useful fiction. In this paper I critique fictionalism along two lines: that it is problematic to successfully be a fictionalist and that fictionalism is unjustified. Reflection on fictionalism will point to some wider problems with religious anti-realism.

Volume 20, Issue 4, May 2020, Page 102-103.

The Office of Human Research Protections was not justified in issuing findings against the SUPPORT Institutions. Our community can learn from the evolving healthcare transformation into learning health systems by thinking about the novel ethical issues about standard of care research raised by the SUPPORT with the same spirit of quality improvement. The current regulatory framework and the concept of foreseeable research risks is insufficient to advance the debate about the ethics of randomization of standard clinical interventions. This article uses (...) the example of the Wisconsin cystic fibrosis randomized clinical trial for newborn screening trial to explore the distinctions between risks of research and clinical care and waivers of informed consent for randomization. Collaborative exploration of these complex policy issues is needed and further deliberation, community engagement, and social science research will be critical to advance novel approaches for informed consent. (shrink)

Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...) punished as severely as advantaged ones, even though such punishment is unjust in light of the state’s loss of standing. Second, and more importantly, moral standing arguments prohibit states from blaming advantaged as well as disadvantaged offenders. This unwelcome outcome suggests that standing approaches incorrectly analyze the source of moral misgivings about punishing the disadvantaged. I conclude that those who share such concerns should put standing accounts aside. (shrink)

This chapter offers a proceduralist argument against capital punishment. More specifically, it contends that the possibility of irrevocable mistakes precludes the just administration of the death penalty. At stake is a principle of political morality: legal institutions must strive to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The incompatibility of remedy and execution is the crux of the irrevocability argument: because the wrongly executed cannot enjoy the morally required compensation, execution is impermissible. Along with defending (...) his key premises, Yost explains the complicated role that sentencing uncertainty plays in the argument. He concludes by noting some of the flaws in substantive consequentialist and retributivist justifications of capital punishment. (shrink)

Volume 20, Issue 10, October 2020, Page 90-91.

This review essay looks at Andrew Brei’s edited volume, Ecology, ethics and hope, Candis Callison’s How climate change comes to matter: The communal life of facts, Randall Curren and Ellen Metzger’s Living well now and in the future: Why sustainability matters, Willis Jenkins’ The future of ethics: Sustainability, social justice, and religious creativity, and Byron Williston’s The Anthropocene project: Virtue in the age of climate change. These recent works highlight various normative approaches for engaging with what is often referred to (...) as the Anthropocene. Drawing on virtue ethics, pragmatism, and concepts such as intergenerational justice, they seek to address some of the defining moral challenges of our time: how we should respond to this unprecedented era of anthropogenic climate and environmental change, and what ethical resources we can draw on to guide our response. On a larger level, they reveal how the climate crisis is testing the limits of our current moral systems and helping to drive greater ethical innovation and adaptation in the process. (shrink)

In response to the racial disparities that plague the American criminal justice system, the Movement for Black Lives calls for an end to policing and punishment “as we know it.” But refusing to punish violent offenses leaves unprotected those most vulnerable to crime, and outright abolition thus appears to undermine black rights and liberties. I call this the decarceration dilemma. After discussing Tommie Shelby and Christopher Lewis’s attempts to resolve the dilemma, I offer my own, which employs a procedural rather (...) than a substantive solution. I lean on the principle of expanded asymmetry (EA), which holds that it is better to underpunish than overpunish. After defending EA, I note that it obtains only under conditions of uncertainty. I then show that because virtually all trials of black offenders meet the uncertainty condition, sentencing authorities are obliged to treat black offenders leniently. I conclude by noting the advantages of my proceduralist approach. (shrink)

One of the many arguments against capital punishment is that execution is irrevocable. At its most simple, the argument has three premises. First, legal institutions should abolish penalties that do not admit correction of error, unless there are no alternative penalties. Second, irrevocable penalties are those that do not admit of correction. Third, execution is irrevocable. It follows that capital punishment should be abolished. This paper argues for the third premise. One might think that the truth of this premise is (...) self-evident. But in his paper “Is the Death Penalty Irrevocable?” Mike Davis argues that it is false: the death penalty is not irrevocable. While Davis’ argument is itself somewhat compelling, it receives additional support from work in the metaphysics of death, specifically the literature on posthumous harm. Strengthened in this way, the argument deserves careful consideration. I begin with a quick sketch of Davis’ argument, then show how the Pitcher-Feinberg theory of posthumous harm enables a more robust argument against the irrevocability of capital punishment, defending their theory of harm against standard objections in the literature. Having established the coherency of the robust argument, I conclude that it nevertheless fails to make the case against irrevocability. This is because it ignores the full set of practical requirements incumbent on legal institutions that wrongly punish someone. (shrink)

In this paper I argue that Poston and Dougherty's attempt to undermine the problem of divine hiddenness by using the notion of belief de re is problematic at best. They hold that individuals who appear to be unbelievers (because they are de dicto unbelievers) may actually be de re believers. I construct a set of conditions on ascribing belief de re to show that it is prima facie implausible to claim that seemingly inculpable and apparent unbelievers are really de re (...) believers. Thus, while it is indeed possible that a de dicto unbeliever is a de re believer, it is unlikely that this has sufficiently general application to actual individuals to alleviate the problem of divine hiddenness. (shrink)

Incidental research findings, as defined in this symposium’s consensus paper, are unexpected findings discovered in the course of research but “beyond the aims of the study.” These include findings generated by research methodology, such as imaging or genetic analysis, findings related to clinical screening for inclusion or exclusion, or direct observations of physical abnormalities or behavior. Decisions about managing incidental research findings involve important ethical considerations regarding a researcher’s obligations to provide care, minimize harms, and respect research participants’ wishes. When (...) the research participant is a child, the triadic relationship between the researcher, child participant, and parent makes these considerations more complicated. (shrink)

This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I argue that (...) motives of honor, as Kant conceives it, require a rational person to will her own execution, were she to commit murder. (shrink)

Genetic testing for cancer susceptibility is an application of biotechnology that has the potential both to improve the psychosocial and physical wellbeing of the population and to cause significant psychosocia1 and physical harms. In spite of the uncertain value of genetic testing, it has captured the interest of biotechnology companies, researchers, health care providers, and the public. As more tests become feasible, pressure may increase to make the tests available and reimbursable. Both the benefits and harms of these tests lie (...) not as much in the tests themselves, as in their power to predict or alter the future. The value of the tests does not derive from the information per se, but from the ability to communicate effectively the information to patients and providers, and the behavioral responses of patients, providers, and others to this information. (shrink)

For many rare diseases, the availability of effective interventions is limited or non-existent. In this context, clinical research evaluating emerging interventions may be the only potentially “the...

A twenty‐person working group convened to discuss the ethical and policy considerations of the controversial intervention called “growth attenuation,” and if possible to develop practical guidance for health professionals. A consensus proved elusive, but most of the members did reach a compromise.

While Hume has often been held to have been an agnostic or atheist, several contemporary scholars have argued that Hume was a theist. These interpretations depend chiefly on several passages in which Hume allegedly confesses to theism. In this paper, I argue against this position by giving a threshold characterization of theism and using it to show that Hume does not confess. His most important confession does not cross this threshold and the ones that do are often expressive rather than (...) assertive. I then argue that Hume is best interpreted as an atheist. Instead of interpreting Hume as a proto-logical positivist and arguing on the basis of Hume’s theories of meaning and method, I show that textually he appears to align himself with atheism, that his arguments in the Dialogues on Natural Religion support atheism, and that this position is most consistent with Hume’s naturalism. But, I hold that his atheism is soft and therefore distinct from that of his peers like Baron d’Holbach—while Hume really does reject theism, he neither embraces a dogmatically materialist position nor takes up a purely polemical stance towards theism. I conclude by suggesting several ways in which Hume’s atheistic philosophy of religion is relevant to contemporary discussions. (shrink)

Secondary findings for adult-onset diseases in pediatric clinical sequencing can benefit parents or other family members. In the absence of data showing harm, it is ethically reasonable for parents to request such information, because in other types of medical decision-making, they are often given discretion unless their decisions clearly harm the child. Some parents might not want this information because it could distract them from focusing on the child's underlying condition that prompted sequencing. Collecting family impact data may improve future (...) policy determinations. (shrink)

Volume 20, Issue 5, June 2020, Page 22-23.

Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines and incarceration narrow (...) one’s routes to happiness, death eliminates its possibility. Not surprisingly, there is much debate about the moral permissibility of capital punishment. This entry maps the terrain of this debate. The first section discusses justifications of the death penalty as they appear in major theories of punishment. The second section surveys moral objections to execution that apply to most justifications. The third addresses procedural criticisms, which do not target the morality of execution so much as the justice of its implementation. (shrink)

This paper advocates for a general policy of penal leniency: judges should often sentence offenders to a punishment less severe than initially preferred. The argument’s keystone is the relatively uncontroversial Minimal Invasion Principle (MIP). MIP says that when more than one course of action satisfies a state’s legitimate aim, only the least invasive is permissibly pursued. I contend that MIP applies in two common sentencing situations. In the first, all sentences within a statutorily specified range are equally proportionate. Here MIP (...) applies directly. In the second, judges reasonably believe that one of the sentences within the range is the most proportionate, but can’t identify it with any certainty. In these cases of sentencing uncertainty, judges must be indifferent between their preferred sentence and a softer one, and this indifference triggers MIP. MIP thus frequently mandates some degree of leniency. I conclude with some comments on statistical uncertainty. (shrink)

In this paper I argue that traditional theism, in its theory, history, and practice has implications for the philosophy of nature. Namely, nature should be designed around aesthetic or meaningful principles and nature should be engineered in order to fulfil a fairly well defined set of purposes. If theism is true, we should be able to study nature objectively as a teleological system. After all, the teleological structure of nature is more important to us as spiritual beings than its mechanisms. (...) Since a teleological philosophy of nature is no longer viable, traditional theism is untenable. (Published Online July 10 2006). (shrink)

Most readers believe that it is difficult, verging on the impossible, to extract concrete prescriptions from the ethics of Emmanuel Levinas. Although this view is largely correct, Levinas’ philosophy can, with some assistance, generate specific duties on the part of legal actors. In this paper, I argue that the fundamental premises of Levinas’ theory of justice can be used to construct a prohibition against capital punishment. After analyzing Levinas’ concepts of justice, responsibility, and interruption, I turn toward his scattered remarks (...) on legal institutions, arguing that they enable a sense of interruption specific to the legal domain. It is here that we find the conceptual resources most important to my Levinasian abolition. I argue that the interruption of legal justice by responsibility implies what I call the principle of revisability. The principle of revisability states a necessary condition of just legal institutions: To be just, legal institutions must ensure the possibility of revising any and all of their rules, principles, and judgments. From this, the argument against capital punishment easily follows. Execution is a legal act, perhaps the only legal act, that cannot be undone. An application of the principle of revisability to this fact leads to the conclusion that legal institutions cannot justly impose capital punishment. After defending these points at length, I conclude with some observations on the consequences of the principle of revisability for law more generally. (shrink)

The first part of this chapter defends the claim that the over-incarceration of disadvantaged social groups is unjust. Many arguments for penal reform are based on the unequal distribution of punishment, most notably disproportionate punishment of the poor and people of color. However, some philosophers use a noncomparative conception of desert to argue that the justice of punishment is independent of its distribution. On this view, which has significant influence in 14th Amendment jurisprudence, unequal punishment is not unjust. After detailing (...) the “noncomparativist challenge,” this chapter argues that Levinasian conceptions of desert enable a theory of penal justice according to which comparative considerations are essential. In so doing, it shows that the noncomparativist challenge can be met. The chapter concludes by considering whether Levinasian conceptions of desert and responsibility show members of socially advantaged groups to be more blameworthy for their wrongdoing than members of disadvantaged groups. (shrink)

O artigo articula um ponto de convergência entre Foucault e Agamben, de forma a sublinhar uma confluência em seus pensamentos, a saber, a possibilidade de um pertencer nãocomplicado ao profano, ou ao tempo perfeito da experiência humana. PALAVRAS-CHAVE – Agamben. Experiência humana. Filosofia política. Foucault. Modernidade.

Covid‐19 heralded a natural experiment with telemedicine. My experience as a clinician was very positive, and learning how to use telemedicine has made me a better doctor. Telemedicine has flipped the medical service paradigm; families do not need to conform their busy lives to the medical office workflow. An appointment can be a virtual house call that takes less time for my patient's family and allows me to learn even more about their home. While there are limitations of telemedicine, there (...) are good ethical reasons for clinicians to support the broader use of telehealth, including equity, efficiency, effectiveness, and respecting preferences. Empirical health‐services research that assesses satisfaction, quality, and health outcomes will be necessary to determine the impact of telehealth on a population level to ensure that is used in a way that promotes equity in care. (shrink)