As everybody knows, advances in medicine and medical technology have brought enormous benefits to, and created vexing choices for, us all – choices that can, and occasionally do, test the very limits of thinking itself. As everyone also knows, we live in the age of consultants, i.e., of professional experts who are ready, willing, and able to give us advice on any and every conceivable question. One such consultant is the medical ethics consultant, or the medical ethicist who consults.Medical ethics (...) consultants involve themselves in just about every aspect of health care decision making. They help legislators and judges determine law, hospitals formulate policies, medical schools develop curricula, etc. In addition to educating physicians, nurses, and lawyers, amongst others, including medical, nursing, and law students, they participate in clinical decision making at the bedside. (shrink)

Whether ethics is too important to be left to the experts or so important that it must be is an age-old question. The emergence of clinical ethicists raises it again, as a question about professionalism. What role clinical ethicists should play in healthcare decision making – teacher, mediator, or consultant – is a question that has generated considerable debate but no consensus.

This letter responds to the essay “If Not Now, Then When? Taking Disability Seriously in Bioethics,” by Debjani Mukherjee, Preya S. Tarsney, and Kristi L. Kirschner, in the May‐June 2022 issue of the Hastings Center Report.

This commentary asks whether ongoing efforts to accredit, certify, and credential hospital ethics consultants are nothing other than an illegal restraint on trade masquerading as an effort to protect the public from harm.

“When the two come into conflict, democracy takes priority to philosophy.”Richard Rorty“There are some people who use philosophy to lead people astray.”St. AugustineAs any seasoned litigator knows, occasionally one interposes an evidentiary objection not simply for the sake of preventing this or that from occurring in court, but also for the purpose of alerting a court to and educating it about the likelihood that it will have to rule on what may prove to be a substantial evidentiary dispute. Instead of (...) waiting until a trial has begun and somebody else’s expert witness is ready, willing, able and - most of all - present to testify, it can be useful to file a motion in limine, a pre-trial motion that seeks to bar or set limits to an expert’s testimony. (shrink)

The writer responds to the essay “Developing, Administering, and Scoring the Healthcare Ethics Consultant Certification Examination,” by Courtenay R. Bruce et al., in the September‐October 2019 issue of the Hastings Center Report.

Whatever else these articles demonstrate, they reveal that two efforts closely associated with professionalizing healthcare ethics consultants —surveying the practice and certificating its pra...

I am grateful to Felicia Cohn for saying that my commentary “miss[ed] the real role credentialing has in professionalization”, and hope that I can rectify the situation by including...

The author argues that simple constructive dilemma is a valuable argument form for reasoning under relative conditions of uncertainty. When applied to legal argument this value of simple constructive dilemma is shown in its political, strategic, rhetorical, and especially economic, uses by lawyers and judges. After considering some examples of the use of the form by trial lawyers, the author gives examples of the more interesting use of the form by appellate courts. Research into the use of simple constructive dilemma (...) by appellate courts helps us to understand how those courts distribute judicial resources. It also helps us to understand the political role of the appellate courts with respect to the doctrine of the separation of powers. Given some of the specific examples of legal reasoning used by the appellate courts presented in this article, and given the discussion of the doctrine of precedent, the article’s focus is on common law legal systems of the Anglo-American-type. (shrink)

A Do Not Resuscitate order reflects a considered judgment that a physician can no longer stave off death. Why, then, have a patient consent to such an order? The primary point is that physicians should share with patients their judgment about what medicine can and cannot do. Because we cannot make death go away, we must make decisions about when to withhold or limit resuscitation openly, in honest and trusting conversation between doctor and patient.

Given how long bioethics has been around, how long bioethicists have devoted themselves to tackling ethical issues, how much work has gone into professionalizing the practice of clinical ethics consultation, how often bioethicists have either testified as experts in court proceedings or attached their names to amicus curiae briefs, and how ubiquitously they are present throughout the clinical, research, administrative, and other dimensions of health care, one would have thought that a convergence of opinion would exist on what it is (...) that the clinical ethics consultant's expertise consists of—if only for reasons of professional solidarity and reputation management. And yet, as a recent series of articles written by... (shrink)

Arne Grøn’s reading of Søren Kierkegaard’s authorship revolves around existential challenges of human identity. The 35 essays that constitute this book are written over three decades and are characterized by combining careful attention to the augmentative detail of Kierkegaard’s text with a constant focus on issues in contemporary philosophy. Contrary to many approaches to Kierkegaard’s authorship, Grøn does not read Kierkegaard in opposition to Hegel. The work of the Danish thinker is read as a critical development of Hegelian phenomenology with (...) particular attention to existential aspects of human experience. Anxiety and despair are the primary existential phenomena that Kierkegaard examines throughout his authorship, and Grøn uses these negative phenomena to argue for the basically ethical aim of Kierkegaard’s work. In Grøn’s reading, Kierkegaard conceives human selfhood not merely as relational, but also a process of becoming the self that one is through the otherness of self-experience, that is, the body, the world, other people, and God. This book should be of interest to philosophers, theologians, literary studies scholars, and anyone with an interest not only in Kierkegaard, but also in human identity. (shrink)

Volume 20, Issue 3, March 2020, Page 29-31.

In a recent article, Steinkamp, Gordijn, and ten Have discussed a new way of thinking about the ethics consultant's ethical expertise. After critiquing their model of ethical expertise, along with the notion that discourse can and will enable ethicists to consult without over-reaching, this essay suggests that the debate about ethical expertise is intractable because it constitutes a 'tragic choice'.

"This book originates from a conference ... which took place at the Danish National Research Foundation's Center for Subjectivity Research, University of Copenhagen, on December 4-5, 2008... The articles collected ... are not proceedings but a selection of re-written texts from the conference including additional texts by authors invited to contribute to the book"--Page V.

In this article, I argue that one has yet to acknowledge the extent to which the notion of the aesthetic and its content is institutionally negotiated. A central question that we ought to bear in mind is: does the organization of “aesthetic knowledge” that the traditional disciplines facilitate promote or prevent insight into meta-aesthetic and transaesthetic concerns?

The essays in Invisibility in Visual and Material Culture contribute pioneering and revelatory insights into the phenomenon of invisibility, forging new and multi-disciplinary approaches at the intersection of aesthetics, technology, representation and politics. Importantly, they acknowledge the complex interaction between invisibility and its opposite, visibility, arguing that the one cannot be fully grasped without the other. Considering these entanglements across different media forms, the chapters reveal that the invisible affects many cultural domains, from digital communication and operative images to the (...) activism of social movements, as well as to identity, race, gender and class issues. Whether the subject is comic books, photographic provocations, biometric and brainwave sensing technologies, letters, or a cinematic diary, the analyses in this book engage critically and theoretically with the topic of invisibility and thus represent the first scholarly study to identify its importance for the field of visual culture. (shrink)