This volume considers the many areas where medicine intersects with the law. Advances in medical research, reproductive science and genetics have given rise to unprecedented ethical and legal quandaries. These are reflected in chapters on cloning, organ donation, choosing genetic characteristics, and the use of Viagra.

ABSTRACT Four decades ago, Gerald Kramer showed that economic conditions affect electoral outcomes. Some researchers took this to mean that voters were self-interested, voting their “pocketbooks,” while others, such as Leif Lewin, took it to mean that voters were sociotropic, motivated by the public interest—and therefore altruistic. It is important, however, to avoid conflating sociotropic voters with altruistic ones. Voters might be voting in favor of politicians or parties that they think will further the public interest as an indirect route (...) to furthering their own interests, as members of the public. More research, perhaps conducted using novel methodologies, is needed in order to settle the extent to which voters are motivated by self-interest or by the public interest. (shrink)

The path of those who would approach the study of Bentham's writings on Evidence has been considerably smoothed by the recent publication of William Twining's work on the evidence theories of Bentham and Wigmore. The material on evidence is now being tackled by the Bentham Project. It presents no easy task. The central core, The Rationale of Judicial Evidence, edited and published by John Stuart Mill in 1827, exists only in the printed version, the MSS from which Mill worked having (...) disappeared. But a substantial body of related material which survives has yet to be thoroughly investigated, though William Twining has made a gallant start. A new edition of the work hitherto known as ‘An Introductory View of the Rationale of Evidence’, first printed in full in the Bowring edition of the Works of Jeremy Bentham is in preparation. The first fruits of this endeavour is that the title of that work as it should appear in due course in the new Collected Works will be Introduction to the Rationale of Evidence: An Introductory View for the Use of Lawyers as well as Non-lawyers, the title in fact given to the work by Bentham. It is intended that what follows should similarly be of use to non-lawyers as well as lawyers. (shrink)

Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

Efforts to bridge emotion theory with neurobiology can be facilitated by dynamic systems (DS) modeling. DS principles stipulate higher-order wholes emerging from lower-order constituents through bidirectional causal processes cognition relations. I then present a psychological model based on this reconceptualization, identifying trigger, self-amplification, and self-stabilization phases of emotion-appraisal states, leading to consolidating traits. The article goes on to describe neural structures and functions involved in appraisal and emotion, as well as DS mechanisms of integration by which they interact. These mechanisms (...) include nested feedback interactions, global effects of neuromodulation, vertical integration, action-monitoring, and synaptic plasticity, and they are modeled in terms of both functional integration and temporal synchronization. I end by elaborating the psychological model of emotion–appraisal states with reference to neural processes. (shrink)

Recent work takes both philosophical and scientific progress to consist in acquiring factive epistemic states such as knowledge. However, much of this work leaves unclear what entity is the subject of these epistemic states. Furthermore, by focusing only on states like knowledge, we overlook progress in intermediate cases between ignorance and knowledge—for example, many now celebrated theories were initially so controversial that they were not known. -/- This paper develops an improved framework for thinking about intellectual progress. Firstly, I argue (...) that we should think of progress relative to the epistemic position of an intellectual community rather than individual inquirers. Secondly, I show how focusing on the extended process of inquiry (rather than the mere presence or absence of states like knowledge) provides a better evaluation of different types of progress. This includes progress through formulating worthwhile questions, acquiring new evidence, and increasing credence on the right answers to these questions. I close by considering the ramifications for philosophical progress, suggesting that my account supports rejecting the most negative views while allowing us to articulate different varieties of optimism and pessimism. (shrink)

The author presents a critical discussion and review of the book entitled "new essays in philosophical theology" which takes account of various forms of philosophical interest in religion. (staff).

If I were asked to put forward an ethical principle which I considered to be especially certain, it would be that no one can be responsible, in the properly ethical sense, for the conduct of another. Responsibility belongs essentially to the individual. The implications of this principle are much more far-reaching than is evident at first, and reflection upon them may lead many to withdraw the assent which they might otherwise be very ready to accord to this view of responsibility. (...) But if the difficulties do appear to be insurmountable, and that, very certainly, does not seem to me to be the case, then the proper procedure will be, not to revert to the barbarous notion of collective or group responsibility, but to give up altogether the view that we are accountable in any distinctively moral sense. (shrink)

Court D. Lewis, author of Repentance and the Right to Forgiveness, presents a rights-based theory of ethics grounded in eirenéism, a needs-based theory of rights (inspired by Nicholas Wolterstorff) that seeks peaceful flourishing for all moral agents. This approach creates a moral relationship between victims and wrongdoers such that wrongdoers owe victims compensatory obligations. However, one further result is that wrongdoers may be owed forgiveness by victims. This leads to the “repugnant implication” that victims may be wrongdoers who do (...) not forgive. Author Lewis addresses the “repugnant implication” by showing that victims are obligated to work toward forgiveness, if not forgiveness itself. Critic Gregory L. Bock argues that victims are not the only ones who can forgive, that the personal dimensions of forgiveness are overlooked, and that the force of the “repugnancy implication” may be questioned. Instead of rights-based eirenéism, Bock supports a virtue ethics framework. Instead of rights-based eirenéism, Bock encourages virtue ethics. Critic David Boersema raises questions about the binding nature of relationships, the dependency of flourishing upon forgiveness, and the nature of needs or rights. Boersema also questions the wisdom of a rights-based approach to forgiveness. Critic Jennifer Kling asks whether a rights-based approach is necessary to ground obligations to meet the needs of others: why not an ethics of care? If a rights-based approach is taken, perhaps a wrongdoer is obligated to not make forgiveness a life good. By disengaging this obligation, we avoid constraining a victim’s work toward forgiveness, especially when the wrongdoing is oppressive. Author Lewis responds to these objections. (shrink)

Despite playing an important role in epistemology, philosophy of science, and more recently in moral philosophy and aesthetics, the nature of understanding is still much contested. One attractive framework attempts to reduce understanding to other familiar epistemic states. This paper explores and develops a methodology for testing such reductionist theories before offering a counterexample to a recently defended variant on which understanding reduces to what an agent knows.

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...) incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

Some dynamic systems approaches posit discontinuous changes, even universal stages, in development. Conversely, Thelen and colleagues see development as gradual because it relies on real-time interactions among many components. Yet their new model hinges on one parameter, neural cooperativity, that should change discontinuously because it engenders new skills that catalyze neural connectivity. In fact, research on cortical connectivity finds development to be discontinuous, and possibly stage-like, based on experience-dependent and experience-independent factors.

Today it would seem that being fatigued is a fairly common physical and psychological effect of educational systems based on an increasing demand for high-yield performance quotas. In higher education, ‘publish or perish’ is a kind of imperative to perform, perform better, and perform optimally leading to an overall economy of fatigue. In this paper we provide a critical theory of what we are calling the ‘fatigue university.’ While highlighting the negative costs of fatigue, we also provide a philosophical distinction (...) between tiredness and exhaustion that disrupts the biopolitics of fatigue from the inside. To do so, we turn to Gilles Deleuze and Giorgio Agamben whose writings on exhaustion point to its educational importance. Indeed, it is through the very ‘illnesses’ of exhaustion that the biopolitics of research can be problematized and opened up for new configurations. (shrink)

In his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try to (...) achieve the control of reason in law, which is manifest in law's coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality. (shrink)

In this introduction to a special section on the philosophy of Bat-Ami Bar On, guest editor Court Lewis introduces Jennifer Kling’s article on equitable resettlement of refugees, Wim Laven’s article on meaningful political citizenship, and his own work on the analysis of the violent threat of citizen culture-warriors.

L'article montre comment la doctrine chrétienne devrait être enseignée en décrivant trois vertus que les théologiens de qualité devraient entretenir et chercher à enseigner. Cependant, on ne peut décrire ces vertus sans tenir compte d'abord de la pratique de la doctrine chrétienne elle-même. Pour en rendre compte on décrit la tension centrale de la doctrine: une tension qui provient du fait que la théologie emprunte ses principes à la révélation et donc ne les possède jamais. La pratique de la doctrine (...) prend donc forme en tant qu'attention à l'Ecriture et attention à toutes choses en tant que revabilia en relation à l'Ecriture. L'article en somme fait usage de St. Thomas, de Grégoire de Naziance et de St. Augustin en vue d'offrir un défi aux concepts modernes de théologie «systématiques» et «historiques», et donc à certaines conceptions modernes au sujet de la manière dont la doctrine chrétienne devrait être enseignée. (shrink)

ABSTRACT Four decades ago, Gerald Kramer showed that economic conditions affect electoral outcomes. Some researchers took this to mean that voters were self-interested, voting their “pocketbooks,” while others, such as Leif Lewin, took it to mean that voters were sociotropic, motivated by the public interest—and therefore altruistic. It is important, however, to avoid conflating sociotropic voters with altruistic ones. Voters might be voting in favor of politicians or parties that they think will further the public interest as an indirect route (...) to furthering their own interests, as members of the public. More research, perhaps conducted using novel methodologies, is needed in order to settle the extent to which voters are motivated by self-interest or by the public interest. (shrink)

This paper explores an emerging sub-field of both empirical bioethics and experimental philosophy, which has been called “experimental philosophical bioethics” (bioxphi). As an empirical discipline, bioxphi adopts the methods of experimental moral psychology and cognitive science; it does so to make sense of the eliciting factors and underlying cognitive processes that shape people’s moral judgments, particularly about real-world matters of bioethical concern. Yet, as a normative discipline situated within the broader field of bioethics, it also aims to contribute to substantive (...) ethical questions about what should be done in a given context. What are some of the ways in which this aim has been pursued? In this paper, we employ a case study approach to examine and critically evaluate four strategies from the recent literature by which scholars in bioxphi have leveraged empirical data in the service of normative arguments. (shrink)

The article is a discussion of plato and aristotle's conceptions of the good and greek ethics in general. The author compares this view with our own. He points out that "our freedom is also conformity to law" and moral evil is "guilt" for violating the law, whereas the greeks saw it as an imperfection or shortcoming of the individual to live up to his or her potential for good. The author concludes that if we "think of moral wickedness as violation (...) of a law or imperative, we must not content ourselves with the freedom which matters most on a greek view of ethics." (staff). (shrink)