Physicians and other medical practitioners make untold numbers of judgments about patient care on a daily, weekly, and monthly basis. These judgments fall along a number of spectrums, from the mundane to the tragic, from the obvious to the challenging. Under the rubric of evidence-based medicine, these judgments will be informed by the robust conclusions of medical research. In the ideal circumstance, medical research makes the best decision obvious to the trained professional. Even when practice approximates this ideal, it does (...) so unevenly. Judgments in medical practice are always accompanied by uncertainty, and this uncertainty is a fickle companion—constant in its presence but inconstant in its expression. This feature of medical judgments gives rise to the moral responsibility of medical practitioners to be epistemically humble. This requires the recognition and communication of the uncertainty that accompanies their judgment as well as a commitment to avoiding intuitive innovations. (shrink)

In this, his most influential work, legal theorist and political philosopher Carl Schmitt argues that liberalism's basis in individual rights cannot provide a reasonable justification for sacrificing oneself for the state. This edition of the 1932 work includes the translator's introduction which highlights Schmitt's intellectual journey through the turbulent period of German history leading to the Hitlerian one-party state. It also includes Leo Strauss's analysis of Schmitt's thesis and a foreword by Tracy B. Strong placing Schmitt's work into contemporary context.

From mass murder to genocide, slavery to colonial suppression, acts of atrocity have lives that extend far beyond the horrific moment. They engender trauma that echoes for generations, in the experiences of those on both sides of the act. Gabriele Schwab reads these legacies in a number of narratives, primarily through the writing of postwar Germans and the descendents of Holocaust survivors. She connects their work to earlier histories of slavery and colonialism and to more recent events, such as (...) South African Apartheid, the practice of torture after 9/11, and the "disappearances" that occurred during South American dictatorships. Schwab's texts include memoirs, such as Ruth Kluger's _Still Alive_ and Marguerite Duras's _La Douleur_; second-generation accounts by the children of Holocaust survivors, such as Georges Perec's _W_, Art Spiegelman's _Maus_, and Philippe Grimbert's _Secret_; and second-generation recollections by Germans, such as W. G. Sebald's _Austerlitz_, Sabine Reichel's _What Did You Do in the War, Daddy?_, and Ursula Duba's _Tales from a Child of the Enemy_. She also incorporates her own reminiscences of growing up in postwar Germany, mapping interlaced memories and histories as they interact in psychic life and cultural memory. Schwab concludes with a bracing look at issues of responsibility, reparation, and forgiveness across the victim/perpetrator divide. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Sexual Difference as Model: An Ethics for the Global FutureGail SchwabIn Éthique de la différence sexuelle (1984), Luce Irigaray targeted language and love—for her, inseparable from each other—as the two areas of focus for the elaboration of an ethics of sexual difference. The heterosexual couple seemed to have taken on a new, and somehow inappropriately central, importance in Irigaray’s thought in the early eighties; however, the projected mutations in (...) language and love theorized in Éthique did not exclusively concern the heterosexual relationship, even though many readers of Irigaray expressed just such reservations about the book. Éthique foregrounded the couple in the love relationship in order to rethink the philosophical basis of ethics in general, to develop new paradigms, beyond or outside of Western totalizing phallo- and logocentrism, for human relations—not only relations between women and men, but also, and perhaps even more importantly, relations among women and relations among men. Irigaray carried on this project in subsequent works, in Sexes et parentés (1987), which as the title explicitly indicates, opens up the ethical debate to familial and genealogical issues and broadens her focus to include children and the ethical basis of their relationships to parents and more generally to adults of both sexes, and in Sexes et genres à travers les langues (1990), a cross-cultural report on her empirical studies of gender differences in language usage, which sheds new light on the linguistic and communicational issues she had presented in Éthique and even before, in several seldom read and even more rarely analyzed works of the late seventies and early eighties. J’aime à toi (I Love to You) (1992) returns specifically to the more traditionally philosophical approach to the problems of language and love and their intertwining, and carries on the work projected in Éthique, but it goes much further in both the theoretical and the practical development of the concept of sexual difference as the foundation for a new ethics, a new culture of universal validity. J’aime à toi can be read as a follow-up to Éthique and as a founding text for the construction of an ethics of difference modeled on sexual difference, an ethics for the future of humanity in all of its diversity.Western Feminism and the Global FutureIrigaray is very much aware of the limits of the various Western political and academic feminisms, of the need to broaden their scope, both horizontally across cultures and vertically within specific cultures, before they can serve as the basis for a new ethics. Irigaray expresses the concern that Western feminists, rather than represent the exploited women of the world, may exploit them ideologically for their own personal or political purposes, at the risk of preventing them from coming to a feminism of their own making, appropriate to their own cultures and historical moments. “Certain women do implement power strategies—including the power of the media—but not solely for the benefit of the exploited women they use as an alibi. They thus run the risk of clouding the issues and [End Page 76] preventing their consciousness from being raised” [Irigaray, J’aime à toi 15]. 1 Irigaray calls this “egological” feminism (Dare I invent a new term here? Now we have “egofeminists” as well as “ecofeminists”...) and demonstrates its totally undemocratic orientation, despite its representative claims.Certain militants..., practicing direct democracy or an egological feminism, based on their own real, or imagined, needs and desires, rather than on those of all women, leave women subject to existing legislation. Indifferent to the rights necessary for all women—including the little girls of the present and the future, and the women of other cultures—they make decisions that perpetuate, and even aggravate, through unnecessary misunderstandings, the injustices done the female gender.[J’aime à toi 13]As a feminist, in general, it always pains me to read criticisms of feminism, even cogent and theoretically valid criticisms, and I am even now painfully aware of the political dangers of criticizing feminism myself in a public forum such as this one. However, if I have managed to learn anything from the works of Western feminists of color and from Third World feminists, it is... (shrink)

Epistemic trust is an unacknowledged feature of medical knowledge. Claims of medical knowledge made by physicians, patients, and others require epistemic trust. And yet, it would be foolish to define all epistemic trust as epistemically responsible. Accordingly, I use a routine example in medical practice to illustrate how epistemically responsible trust in medicine is trust in epistemically responsible individuals. I go on to illustrate how certain areas of current medical practice of medicine fall short of adequately distinguishing reliable and unreliable (...) processes because of a failure to systematically evaluate health outcomes. I conclude by articulating the devastating obstacles to the consilience assumption, which takes intellectual character as the standard for epistemic responsibility. (shrink)

The American Journal of Bioethics, Volume 11, Issue 11, Page 44-45, November 2011.

Recollection is central to the epistemology of Plato’sMeno. After all, the character Socrates claims that recollection is the process whereby embodied human souls bind down true opinions (doxai) and acquire knowledge (epistêmê). This paper examines the exchange between Socrates and Meno’s slave to determine (1) what steps on the path to acquiring knowledge are part of the process of recollection and (2) what is required for a subject to count as having recollected something. I argue that the key to answering (...) these questions is to get clear on the kind of process recollection is supposed to be. In particular, I argue that recollection is a process akin to the kind of process Aristotle calls “changes” (kinêseisor incompleteenergeiai). The key feature of such processes is that they aim at an end beyond themselves and are not complete until that end comes about. In the case of recollection, the end is knowledge, but inferior mental states, such as false opinion, puzzlement (aporia), and true opinion can come about because of a process of recollection without making it the case that the subject has recollected anything. I argue that this interpretation provides a textually supported and philosophically coherent understanding of Socrates’ conception of recollection. (shrink)

This essay lays the groundwork for a novel conception of autonomy that may be called “effective autonomy”—a conception designed to be genuinely action guiding in bioethics. As empirical psychology research on the heuristics and biases approach shows, decision making commonly fails to correspond to people’s desires because of the biases arising from bounded cognition. People who are classified as autonomous on contemporary philosophical accounts may fail to be effectively autonomous because their decisions are uncoupled from their autonomous desires. Accordingly, continuing (...) attempts to value patient autonomy must go beyond existing philosophical conceptions of autonomy to consider the background conditions of human decision making. (shrink)

This paper examines an ancient debate over the rationality of perception. What leads the Stoics to affirm, and the Epicureans to deny, that to form a sense-impression is an activity of reason? The answer, we argue, lies in a disagreement over what is required for epistemic success. For the Stoics, epistemic success consists in believing the right propositions, and only rational states, in virtue of their predicational structure, put us in touch with propositions. Since they identify some sense-impressions as criteria (...) of truth and thus as the basis for epistemic success, the Stoics maintain that sense-impressions must be rational. The Epicureans agree with the Stoics that sense-impressions function as criteria of truth, and also agree broadly on what it means for a state to be rational, but deny that sense-impressions are rational because (1) they think that epistemic success must be supported by a state that is necessarily error-free and (2) accept that rational states can be false. In reconstructing this debate, we refine the standard interpretation of the fundamental difference between Epicurean and Stoic epistemology and also develop parallels with epistemological debates today. One upshot is a more nuanced appreciation of the merits of Epicurean epistemology vis-à-vis the Stoics. (shrink)

abstract: The kataleptic impression—an impression that is, in some special way, “true and such as could not be false”—is at the core of Stoic epistemology. Since Gisela Striker’s groundbreaking work on the criterion of truth, the dominant view among scholars is that the Stoics restricted kataleptic impressions to certain perceptual impressions. I argue that the Stoics in fact countenanced nonperceptual kataleptic impressions and explain how they thought nonperceptual impressions can meet the definition of the kataleptic impression.

Written in the intense political and intellectual tumult of the early years of the Weimar Republic, _Political Theology_ develops the distinctive theory of sovereignty that made Carl Schmitt one of the most significant and controversial political theorists of the twentieth century. Focusing on the relationships among political leadership, the norms of the legal order, and the state of political emergency, Schmitt argues in _Political Theology_ that legal order ultimately rests upon the decisions of the sovereign. According to Schmitt, only the (...) sovereign can meet the needs of an "exceptional" time and transcend legal order so that order can then be reestablished. Convinced that the state is governed by the ever-present possibility of conflict, Schmitt theorizes that the state exists only to maintain its integrity in order to ensure order and stability. Suggesting that all concepts of modern political thought are secularized theological concepts, Schmitt concludes _Political Theology_ with a critique of liberalism and its attempt to depoliticize political thought by avoiding fundamental political decisions. (shrink)

Kant’s philosophy is often treated as a closed system, without reference to how it was written or how Kant arrived at its familiar form, the critique. In fact, the style of the critique seems so artless that readers think of it as an unfortunate by-product—a style of stylelessness. In _Constituting Critique_, Willi Goetschel shows how this apparent gracelessness was deliberately achieved by Kant through a series of writing experiments. By providing an account of the process that culminated in his three (...) _Critiques_, this book offers a new perspective on Kant’s philosophical thought and practice. _Constituting Critique_ traces the stages in Kant’s development to reveal how he redefined philosophy as a critical task. Following the philosopher through the experiments of his early essays, Goetschel demonstrates how Kant tests, challenges, and transforms the philosophical essay in his pursuit of a new self-reflective literary genre. From these experiments, critique emerges as the philosophical form for the critical project of the Enlightenment. The imperatives of its transcendental style, Goetschel contends, not only constitute and inform the critical moment of Kant’s philosophical praxis, but also have an enduring place in post-Kantian philosophy and literature. By situating the _Critiques_ within the context of Kant’s early essays, this work will redirect the attention of Kant scholars to the origins of their form. It will also encourage contemporary critical theorists to reconsider their own practice through an engagement with its source in Kant. (shrink)

The Challenge of the Exception is the key that unlocked the ideas of Carl Schmitt, a leading political theorist and jurist who influenced the thoughts of, among others, Hannah Arendt, Carl Joachim Friedrich, Otto Kirchheimer, Hans Morgenthau, Franz Neumann, and Leo Strauss. Professor Schwab clearly articulates Schmitt's key concepts and relates their centrality to politics and the state, to the political theory of liberalism, democracy and authoritarianism, and to international relations. When Schwab treats Schmitt's interpretations of constitutional questions, (...) for example, he shows how political theory in Germany is inextricably linked with constitutional law, legal theory, and the country's history. Not content to merely deal with Schmitt's profound contributions to twentieth-century thought, Schwab devotes considerable space to the unconscionable compromises that he made with the Third Reich. This, however, failed to help him become the political and legal theorist of Hitler's Germany. Schwab shows how the new Schmitt was suspect from the beginning and, by 1936, Schmitt the hunter had become Schmitt the hunted. Schwab's presentation of the multifaceted Carl Schmitt exposes the reader to a truly interdisciplinary excursion into the humanities and social sciences. (shrink)

The human microbiome is the bacteria, viruses, and fungi that cover our skin, line our intestines, and flourish in our body cavities. Work on the human microbiome is new, but it is quickly becoming a leading area of biomedical research. What scientists are learning about humans and our microbiomes could change medical practice by introducing new treatment modalities. This new knowledge redefines us as superorganisms comprised of the human body and the collection of microbes that inhabit it and reveals how (...) much we are a part of our environment. The understanding that microbes are not only beneficial but sometimes necessary for survival recasts our interaction with microbes from adversarial to neighborly. This volume explores some of the science that makes human microbiome research possible. It then considers ethical, legal, and social concerns raised by microbiome research. Chapters explore issues related to personal identity, property rights, and privacy. The authors reflect on how human microbiome research challenges reigning views on public health and research ethics. They also address the need for thoughtful policies and procedures to guide the use of the biobanked human samples required for advancing this new domain of research. In the course of these explorations, they introduce examples from the history of biomedical science and recent legal cases that shed light on the issues and inform the policy recommendations they offer at the end of each topic's discussion.This volume is the product of an NIH Human Microbiome Project grant. It represents three years of conversations focused on consensus formation by the twenty-seven members of the interdisciplinary Microbiome Working Group. (shrink)

Conflicts of interest represent one of the defining problems of our time, and yet a clear definition of what constitutes a conflict of interest remains elusive. To move us closer to resolving this problem, this article first reviews and critiques attempts to define conflicts of interest, and, second, uses these critiques to ground a more conceptually consistent and practically useful definition. This definition builds on, but also breaks away from Michael Davis’s definition of conflicts of interest. Specifically, it articulates and (...) defends defining conflicts of interest in terms of their threat to good judgment but does so in the broadest terms. Defining it in this way expands the domain of conflicts of interest, but also avoids unnecessary conceptual distractions and practical difficulties. (shrink)

The article reviews the article "The Pitfalls of Deducing Ethics From Behavioral Economics: Why the Association of American Medical Colleges Is Wrong About Pharmaceutical Detailing," by T. S. Huddle in the January 1, 2010 issue of "American Journal of Bioethics.".

“Women and the Law in Irigarayan Theory” by Gail Schwab is a reading of French feminist philosopher Luce Irigaray's writings on law together with texts of American feminist jurisprudence. The first part of the article summarizes many of the conflicts surrounding the concept of equality in American feminist legal thought and attempts to move beyond them with the Irigarayan principle of equivalence or equivalent rights. The second part of the article deals more generally with the symbolic changes that will (...) be necessary in order to change the law, and with the cultural evolution that changes in the law can bring about, and more specifically with two areas of Irigarayan legal theory that are central to cultural change and evolution: the concept of female identity or virginity, and the relationship to the mother. In the conclusion, a new utopian vision of what law might be‐the cultural mediation for an evolved intersubjectivity‐is developed through Irigaray's most recent texts. (shrink)

This paper begins by presenting Lawlor's Derrida and Husserl: The Basic Problems of Philosophy, an account of how deconstruction emerges as Derrida discusses Husserl's phenomenology (I.). It then determines the genre of Lawlor's intellectual history. Lawlor writes a continuist narrative history of ideas and concepts (II.). In the subsequent main section the paper uses Lawlor's material to take a position in the debate between Husserl and Derrida (III.). This is done in three parts. The first part reconstructs Derrida's version of (...) Husserlian time consciousness (III. 1). The second part proposes an alternative and revisionist reading of Husserl's theory of internal temporality. On this reading Husserl is a process theoretician of consciousness (III. 2). The third part juxtaposes Husserl and Derrida's critical views (III. 3), arguing that Husserl's fluxive theory of time consciousness does not suffer from the problems Derrida finds in his Husserl. The final section (IV.) points to relativizing consequences for deconstruction and identifies programmatic consequences for phenomenology. (shrink)

L’article reconstitue les lectures derridiennes de Heidegger et de Nietzsche. Il veut montrer que Derrida se distancie de Heidegger et de sa « seule et unique question de l’être », justement là où il récuse ou plutôt « contourne » l’interprétation heideggérienne de Nietzsche. Alors que Heidegger interprète Nietzsche comme l’« inversion » et l’« achèvement » de la métaphysique, Nietzsche apparaît, dans la lecture de Derrida, comme un penseur de la pluralité du style. Par là, la différence d’interprétation de (...) Nietzsche, qui est aussi une différence d’interprétation de l’interprétation même, apparaît finalement comme une divergence dans l’interprétation de la différence. (shrink)

Abstract:In his Descriptio urbis Romae, Leon Battista Alberti provides step-by-step instructions for how to draw the outlines of Rome. The image transmitted through Alberti’s text is so accurate that it is justly described as the first “map” of Rome after the Forma Urbis (3rd c. CE). Alberti's idea was sparked by the renewed reading of the works of Claudius Ptolemy: the Geography, but also—as I argue for the first time—the Almagest. I show how this image blends the ways that terrestrial (...) and celestial territories are commonly depicted and gives a fresh interpretation of this cosmologically overdetermined city. (shrink)

Research is a process that leads to new insights rupturing the existent fabric of knowledge. To prevent this process from disintegrating, its coherence must be assured. Under the heading transposition, seventeen artists, musicians, and theorists explain how one thing may turn into another in a spatio-temporal play of identity and difference that has the power to expand into the unknown. While it does not attempt to define the still evolving field of artistic research, through the idea of transposition this book (...) aims to grasp a quality increasingly important to artistic practice because representational approaches have been losing traction. Taking to heart the lessons of deconstruction, new modes of epistemic relationships are being invented that include aesthetic dimensions. Working with materially concrete positions in a manner familiar to artists can ensure that knowledge does not decay into relativism. (shrink)

Derrida's Husserl thinks of meaning as self-presence and of self-presence as transparent and complete presence of meaning to the mind. Expression and thought are but particular modes or media of the more englobing relation of a self-acquainted life. Reflection is the highest form and telos of the other forms of presence. In contrast, the — by no means complete — Husserl who has begun to appear in my interpretation does not unconditionally subscribe to the value of presence. Not only is (...) an important part of intentional life directed towards objects which it does not possess in their plenitude — hence its emptiness —, this part of intentional life is also blind towards itself. Reflection tries to fill this gap by grasping what is not present to a life immersed in its world. But a retreat from life is the price of presence, a presence, in addition, whose power is essentially limited by the fluidity of its material and by the limits of its bearers. And yet Husserl maintains, passionately maintains, the claim and value of reflection and of a scientific attitude which Derrida rejects with equal passion. May they not have a positive function in a frame which is no longer that of presence metaphysics? As deconstruction has evolved its philosophy of anti-presence, it has brushed away the reflexive potential of Phenomenology and chosen to reject ‘its own origin”. (shrink)

This article takes a moment of intercultural exchange, first reported as "The Writing Lesson" by Claude Lévi-Strauss in Tristes Tropiques and later explored by Jacques Derrida in Of Grammatology, as the occasion for further reflection on the role played by the aesthetic in what it terms intercultural transference. Transference occurs whenever unconscious desires, fantasies or patterns of being and relating are enacted in an interpersonal or intercultural encounter, including the indirect encounters between literary or artistic objects and their recipients. It (...) emerges as a largely unconscious operation designed to bridge, close, fill or deny the inevitable gaps in knowing another person or another culture, and to manage the affects such gaps bring forth. Intercultural transference provides a framework to read "The Writing Lesson" differently and suggests a theoretical model able to account for the complex performances of intercultural transference that enter any exchange or translation between cultures. (shrink)

In this, his most influential work, legal theorist and political philosopher Carl Schmitt argues that liberalism’s basis in individual rights cannot provide a reasonable justification for sacrificing oneself for the state—a critique as cogent today as when it first appeared. George Schwab’s introduction to his translation of the 1932 German edition highlights Schmitt’s intellectual journey through the turbulent period of German history leading to the Hitlerian one-party state. In addition to analysis by Leo Strauss and a foreword by Tracy (...) B. Strong placing Schmitt’s work into contemporary context, this expanded edition also includes a translation of Schmitt’s 1929 lecture “The Age of Neutralizations and Depoliticizations,” which the author himself added to the 1932 edition of the book. An essential update on a modern classic, _The Concept of the Political, Expanded Edition_ belongs on the bookshelf of anyone interested in political theory or philosophy. (shrink)

From the beginning, a code of ethics for bioethicists has been conceived of as part of a movement to professionalise the field. In advocating for such a code, Baker repeatedly identifies ‘having a code of ethics’ with ‘professionalization’. The American Society of Bioethics and Humanities (ASBH) echoes this view in their code of ethics for healthcare ethics consultants (HCECs)1 and the subsequent publication in the American Journal of Bioethics.2 Taking for granted that a code of ethics could be a valuable (...) asset for HCECs, this essay has two aims. First, there are good reasons to doubt that the label ‘profession’ has significant meaning for HCECs. Attempts to accurately conceive of a profession fall into two broad camps: substantive and formal. Substantive conceptions should be rejected. Specifically, substantive conceptions beg the question about what it means to be a profession, which produces devastating problems for practical application. Formal conceptions of profession (eg, Davis’ conception3) avoid begging the question, but do so at the cost of identifying the responsibilities of a profession. Using the term ‘professional responsibilities’, then, requires additional explication and classifying HCECs as professionals requires the identification of their role-specific responsibilities.i Second, this essay will critique the ASBH code of ethics for HCECs as a first articulation of these responsibilities. As written, this code of ethics has limited value for HCECs because most of the responsibilities identified in this code do not identify HCEC-specific responsibilities. In closing, some important strategies to improve upon this initial attempt to define the responsibilities of HCECs are identified. For at least the last decade, Baker has encouraged bioethicists to adopt a code of ethics. Throughout this effort, Baker intertwines having a code of ethics with becoming a profession: ‘Is it time for bioethics to assert its integrity by developing …. (shrink)

In this article the authors reflect on regulations which have been developed to protect research subjects and data in research which uses human subjects. They suggest that regulations related to informed consent and privacy protection are burdensome in research which uses human subjects. They argue that a new category of research risk must be established which informs research subjects of the level of risk that they will be exposed to by participating in the research.

Harmful algal blooms in Lake Erie’s western basin are caused in large part by nutrient loss from agricultural production. While use of nutrient management practices is encouraged to reduce agricultural nutrient loss and its consequent environmental impacts, such practices are not universally adopted. This study aims to better understand the factors that influence western Lake Erie basin farmers’ risk perceptions associated with agricultural nutrient loss, and thus further our knowledge of how adoption of nutrient management practices may be increased. We (...) propose a conceptual model to explain the relationships that we hypothesize to influence farmers’ risk perceptions associated with agricultural nutrient loss. Specifically, we consider the roles that farmer conservation identity, farmers’ perceived sufficiency of their nutrient management practices, and land vulnerability to nutrient loss play in influencing risk perceptions. We find that many of the hypothesized relationships are not statistically significant, and that risk perception associated with nutrient loss is primarily driven by farmers’ conservation identities. While farmers’ perceived sufficiency of their nutrient management practices plays some role in governing risk perceptions, we do not observe the hypothesized relationship between land vulnerability to nutrient loss and perceived sufficiency of nutrient management practices. (shrink)

In this paper I examine, and reject, one of the chief philosophical arguments that purports to show that Pyrrhonian Skepticism is incompatible with possessing any beliefs. That argument, first put forward by Jonathan Barnes and since accepted by many philosophers, focuses on the skeptic's resolute suspension of judgment concerning one philosophical issue, namely whether criteria of truth exist. In short, the argument holds that, because skeptics suspend judgment whether criteria of truth exist, they have no basis on which to discriminate (...) between their impressions, which is a necessary condition for belief formation. I show that this argument fails because it misunderstands both the nature of criteria of truth and the epistemic consequences of suspending judgment concerning their existence. Thus, I clear the main philosophical obstacle preventing an interpretation of Pyrrhonism as consistent with possessing beliefs (associated most famously with Michael Frede). (shrink)