This reflection item provides an edited account of human rights lawyer Harriet Wistrich’s conversation with Manvir Grewal, Visiting Lecturer and Ph.D. student, and Harriet Samuels, Reader in Law at the University of Westminster. It summarises the exchange which focused on Harriet Wistrich’s career trajectory and the many public interest law cases that she has brought on behalf her clients, mainly women, in both domestic and international forums. It also includes a condensed version of the question and answer (...) session with the audience. Questions included the broader issues around domestic violence, rape, coercive control, sex work and the nature of feminism. (shrink)

The dominant approach to assessing decision-making capacity in medicine focuses on determining the extent to which individuals possess certain core cognitive abilities. Critics have argued that this model delivers the wrong verdict in certain cases where patient values that are the product of mental disorder or disordered affective states undermine decision-making without undermining cognition. I argue for a re-conceptualization of what it is to possess the capacity to make medical treatment decisions. It is, I argue, the ability to track one’s (...) own personal interests at least as well as most people can. Using this idea, I demonstrate that it is possible to craft a solution for the problem cases—one that neither alters existing criteria in dangerous ways (e.g. does not open the door to various kinds of abuse) nor violates the spirit of widely accepted ethical constraints on decision-making assessment. (shrink)

Recent debates over adults' theory of mind use have been fueled by surprising failures of perspective-taking in communication, suggesting that perspective-taking may be relatively effortful. Yet adults routinely engage in effortful processes when needed. How, then, should speakers and listeners allocate their resources to achieve successful communication? We begin with the observation that the shared goal of communication induces a natural division of labor: The resources one agent chooses to allocate toward perspective-taking should depend on their expectations about the other's (...) allocation. We formalize this idea in a resource-rational model augmenting recent probabilistic weighting accounts with a mechanism for (costly) control over the degree of perspective-taking. In a series of simulations, we first derive an intermediate degree of perspective weighting as an optimal trade-off between expected costs and benefits of perspective-taking. We then present two behavioral experiments testing novel predictions of our model. In Experiment 1, we manipulated the presence or absence of occlusions in a director–matcher task. We found that speakers spontaneously modulated the informativeness of their descriptions to account for “known unknowns” in their partner's private view, reflecting a higher degree of speaker perspective-taking than previously acknowledged. In Experiment 2, we then compared the scripted utterances used by confederates in prior work with those produced in interactions with unscripted directors. We found that confederates were systematically less informative than listeners would initially expect given the presence of occlusions, but listeners used violations to adaptively make fewer errors over time. Taken together, our work suggests that people are not simply “mindblind”; they use contextually appropriate expectations to navigate the division of labor with their partner. We discuss how a resource-rational framework may provide a more deeply explanatory foundation for understanding flexible perspective-taking under processing constraints. (shrink)

According to the Argument for Autonomous Mental Disorder, mental disorder can occur in the absence of brain disorder, just as software problems can occur in the absence of hardware problems in a computer. This article argues that the AAMD is unsound. I begin by introducing the “natural dysfunction analysis” of disorder, before outlining the AAMD. I then analyze the necessary conditions for realizer autonomous dysfunction. Building on this, I show that software functions disassociate from hardware functions in a way that (...) mental functions do not disassociate from brain functions. It follows that mental disorders are brain disorders necessarily. (shrink)

Commentators often claim that medical research subjects are coerced into participating in clinical studies. In recent years, such claims have appeared especially frequently in ethical discussions of research in developing countries. Medical research ethics is more important than ever as we move into the 21st century because worldwide the pharmaceutical industry has grown so much and shows no sign of slowing its growth. This means that more people are involved in medical research today than ever before, and in the future (...) even more will be involved. However, despite the pressing need for reflection on research ethics, it is important to carefully identify the concerns we have about research. Otherwise we run the risk that the moral language we use, and which we hear other people use, may do our moral thinking for us. We argue that many recent claims about the occurrence of coercion in medical research are misguided and misuse the word "coercion." We try to identify the real problems, and urge people to attend carefully to the implications of their descriptions of moral problems in research. (shrink)

In this profound book, based on a popular audio program, Dr. David Hawkins gives a primer on his world-famous map of consciousness that will help the reader embark on their own journey to an advanced state of consciousness. David Hawkins, M.D., Ph.D, conducted a 29-year study that demonstrated that the human body becomes stronger or weaker depending on a person's mental state. He created a scale from 1 to 1,000 that mapped human consciousness. Furthermore, he demonstrated that this (...) map can be used as a blueprint to reach higher states of consciousness that can be identified simply by applying a small amount of pressure on an outstretched arm! Not only that, but this simple method has also been demonstrated to be an effective tool for instantly calibrating human consciousness. Dr. Hawkins created a scale of consciousness based on current discoveries in advanced theoretical physics and the nonlinear dynamics of chaos theory. And this “map of consciousness” now makes it possible for anyone to advance toward higher levels of enlightenment faster than ever imagined! (shrink)

This research investigates the perceptions of five constituent groups of an accredited business school — their perceptions of others'' ethics, of their own ethics and ideal values, and of how business ethics can be improved. Self-described behavior from the constituent groups is quite similar, yet is decidedly different from that which respondents felt others would do. Undergraduate business students tended to have the lowest estimation of others'' ethics in addition to the least ethical self-described behavior compared with other constituent groups. (...) All constituents were solidly in favor of improving ethics by developing principles of business ethics, requiring ethics courses in business schools and introducing industry codes of ethics. People are much more ethical than they are perceived to be. Knowing that others are more ethical may in turn cause other people to act more ethically. Similarly, believing that others are less ethical may encourage less ethical behavior. (shrink)

To mark International Women’s Day the Research Group for Law, Gender and Sexuality at Westminster Law School held an evening conversation on 10 March 2016 on Women and Asylum. Speakers working in different areas of the asylum system shared their insights and experiences with an audience of staff, students, activists and other visitors. Harriet Samuels chaired the conversation and the speakers were Princess Chine Onyeukwu, Debora Singer, Priya Solanki and Zoe Harper. This article is an edited extract from the (...) transcript of the presentations and wide-ranging discussion, including the question and answer session. The discussion focused on the different steps in the refugee determination process and considered, in particular, the gendering of credibility and how women’s perceived lack of credibility has a significant impact on determinations and processes. (shrink)

This paper presents four arguments in favour of respecting Ulysses Contracts in the case of individuals who suffer with severe chronic episodic mental illnesses, and who have experienced spiralling and relapse before. First, competence comes in degrees. As such, even if a person meets the usual standard for competence at the point when they wish to refuse treatment (time 2), they may still belesscompetent than they were when they signed the Ulysses Contract (time 1). As such, even if competent at (...) time 1andtime 2, there can still be a disparity between thelevelsof competence at each time. Second, Ulysses Contracts are important to protect people’smost meaningfulconcerns. Third, on the approach defended, the restrictions to people’s liberty would be temporary, and would be consistent with soft paternalism, rather than hard paternalism: the contracts would be designed in such a way that individuals would be free to change their minds, and to change or cancel their Ulysses Contracts later. Finally, even if one rejects the equivalence thesis (the claim that allowing harm is as bad as doing harm), this is still consistent with the claim that, inparticular cases, it can be as wrong toallowa harm as to do a harm. Nevertheless, controversies remain. This paper also highlights several safeguards to minimise risks. Ultimately, we argue that people who are vulnerable to spiralling deserve a way to protect their autonomy as far as possible, using Ulysses Contracts when necessary. (shrink)

This book was inspired originally by the debates at the turn of the century about placebo controlled trials of antiretrovirals in HIV positive pregnant women in developing countries. Moving forward from this one limited example, the book includes several additional controversial cases of clinical research conducted in developing countries, and asks probing philosophical questions about the ethics of such trials. All clinical research by its very nature uses people to acquire generalizable knowledge to help future people. But what sorts of (...) "use" are morally permissible? What is it to exploit people? Suppose that a trial conducted in a developing country would not be ethically permissible in the developed world. Can we automatically conclude from this that the trial is unethical, that some sort of morally problematic double standard is in operation? Or might the differences in the two settings justify differences in trial design? This collection of philosophical essays examines these important questions about what exploitation is and when clinical research counts as exploitative. -/- "This is an outstanding contribution to the growing literature on the ethics of research with human subjects and a fine example of what bioethics can offer at its best. Anyone with a serious interest in these issues will need to read this book from start to finish." -Daniel Wikler, Harvard School of Public Health "This book contributes significantly to the literature on exploitation in clinical research conducted in the developing world."--Patricia Marshall, Case Western Reserve University . (shrink)

There are, broadly speaking, two kinds of knowledge—analytic and intuitive, explicit and tacit. Analytic knowledge is arrived at by logical deductive thinking, and is a sequential thought process in which each step can be explained and defended. Intuitive knowledge, in contrast, is frequently alogical or nonrational, and often involves nonconscious mental processes. Though intuitive ways of knowing are essential to both scientific research and scientific medicine, the culture of medicine celebrates only the analytic, evidentiary kind of knowledge, while eschewing intuition (...) as being “nonscientific.” The popularity and prevalence of what is known as evidence-based medicine reflects this bias in favor of the analytic and the explicit. Though the evidence-based approach has contributed greatly to standardizing medical care, favoring treatments for which there is evidence of effectiveness, it has limitations. An overreliance on evidence-based medicine is problematic, because this approach leaves out important factors in the actual practice of clinical medicine such as diagnosis, nonverbal cures provided by patients, and the way the doctor–patient relationship bears on patient management and compliance, and because it is not appropriate for dealing with medical conditions that do not lend themselves to study by controlled clinical trials. (shrink)

Resource constraints in developing countries compel policy makers to ration the provision of healthcare services. This article examines one such set of Guidelines: A patient dialysing in the state sector in South Africa may not refuse renal transplantation when a kidney becomes available. Refusal of transplantation can lead to exclusion from the state-funded dialysis programme. This Guideline is legally acceptable as related to Constitutional stipulations which allow for rationing healthcare resources in South Africa. Evaluating the ethical merit of the Guideline, (...) and exploring the ethical dilemma it poses, proves a more complex task. We examine the actions of healthcare professionals as constrained by the Guideline. From a best interests framework, we argue that in these circumstances directing patient decision making is not necessarily unethical or unacceptably paternalistic. We then scrutinise the guideline itself through several different ethical ‘lenses’. Here, we argue that bioethics does not provide a definitive answer as to the moral merit of rationing dialysis under these circumstances, however it can be considered just in this context. We conclude by examining a potential pitfall of the Guideline: Unwilling transplant recipients may not comply with immunosuppressive medication, which raises questions for policies based on resource management and rationing. (shrink)

Despite some feminist wariness about the possibility of attaining full knowledge of the truth, this paper argues that feminists should work to disclose truth, particularly by exposing unacknowledged partiality and dishonesty. The struggle for truth should be understood as a moral and spiritual task, rather than rejected as a narrow and mistaken preoccupation of epistemologists. Some of the compromises that parts of the Church of England are prepared to endure by knowingly living with dishonesty are explored as a means of (...) illustrating the need to avoid compromise and to struggle for truth. It is argued that we should resist moves within the feminist philosophy of religion that would divert us from that struggle. Contra Jantzen, this paper stresses the importance of critical reasoning, which works hard at both exposing distortion and offering truer beliefs. Half-truths and semi-concealed power- relations throw people into distraction, by holding them in 'diabolical' circumstances. (shrink)

What tensions arise between philosophy of religion and theology? What strengths and weaknesses of analytical methods emerge in relation to strongly confessional philosophical theologies, or to Continental philosophies? Faith and Philosophical Analysis evaluates how well philosophy of religion serves in understanding religious faith. Figures who rarely share the space of the same book - leading exponents of analytic philosophy of religion and those who question its legacy - are drawn together in this book, with their disagreements harnessed to positive effect. (...) Figures such as Richard Swinburne and Basil Mitchell reflect on their life-long projects from a perspective which has not previously been seen in print. A wide range of approaches found in contemporary philosophy of religion are explored, including: reformed epistemology, 'traditional' metaphysical theory building, feminist methodologies, Wittgensteinian approaches, and American pragmatism. Considering the trends in philosophy of religion as they are interacting across continents, looking particularly at philosophical influences in North America, Britain, and Continental Europe, this book will appeal to students, scholars and general readers with an interest in philosophy of religion, theology, or analytical philosophy. (shrink)

This book traces the translation history of German philosophy, with long and well-justified layovers in Paris, proposing an innovative translation strategy toward addressing the long-standing difficulties in its translation. The volume discusses the context around why German philosophy, whose profundity is often understood to lie in German's iconic polysemous vocabulary, has been so difficult to translate. To best grapple with its complexity, Hawkins outlines a strategy of "differential translation," which involves translating conceptually dense German terms with multiple different terms (...) in the target text, rather than the conventional standard of selecting one term and using it consistently. The book explores how this strategy, which runs counter to the expectation of readers and translators, has played out in debates across both the French-language and English-language translation landscapes, with well-known translators such as Adam Phillips and Joan Stambaugh boldly in favor and others such as Jean Laplanche polemically against it. The book encourages researchers and translators to continue to question norms in translation practice and write translations that do justice to the multifarious meanings in Germanic vocabulary. This book will be of interest to researchers interested in the German language, translation studies, philosophy, and intellectual history. (shrink)

Justin Garson has recently advanced a Generalised Selected Effects Theory of biological proper function. According to Garson, his theory spells trouble for the Dysfunction Account of Disorder. This paper argues that Garson’s critique of the Dysfunction Account from the Generalised Theory fails, and that we should reject the Generalised Theory outright. I first show that the Generalised Theory does not, as Garson asserts, imply that neurally selected disorders are not dysfunctional. Rather, it implies that they are both functional and dysfunctional. (...) I argue on this basis that the Generalised Theory yields conflicting functional norms, and we that should reject it outright on these grounds. (shrink)

Defining Mental Disorder: Jerome Wakefield and His Critics, edited by Denis Forest and Luc Faucher, is essential reading for students and researchers in philosophy of medicine whose work is informed by that of Jerome Wakefield, or the disease debate in general. If you are anything like me, this book will open the door to a new depth of understanding of the harmful dysfunction analysis (HDA) and its methodical underpinnings, and an enriched appreciation of what is at stake in defining medical (...) disorder. To those confident that they understand Wakefield’s view and the surrounding debate, thinking perhaps that they do not need a refresher, I would say: perhaps you do not understand it as well as you think. Defining Mental Disorder provides much more than an overview of previously well-trodden ground. The chapters themselves, and Wakefield’s own detailed responses, help to elucidate a number of methodological nuances and peculiarities that have rarely been covered in such depth before. I was startled to learn how philosophically complex Wakefield’s position actually is, and how shallow my own understanding of it has been. It emerges as a far more nuanced and sophisticated account than I had given it credit for, and one that deserves serious reevaluation. (shrink)

At first blush, the notion a “feminist epistemology” appears, at best, peculiar—not, as Sandra Harding suggests, because “‘woman the knower’ appears to be a contradiction in terms” but because it is hard to see how an epistemology, a philosophical theory of knowledge, can be either feminist or anti-feminist since it is not clear how such a theory might benefit or harm women.

Word Order Universals is a detailed account of word order universals and their role in theories of historical change. The starting point is the Greenberg data set, which is comprised of a sample of 142 languages for certain limited co-occurrences of basic word orders, and a 30-language sample for more detailed information. In the Language Index, the 142 have been expanded to some 350 languages. Using the original Greenberg samples and the Expanded Sample, an alternative set of descriptive word order (...) statements is provided. Comprised of eight chapters, this book begins with an introduction to the theory of word order universals, encompassing topics such as word order variation across languages and theories of universal grammar. The reader is then introduced to the work of Joseph Greenberg and Theo Vennemann on word order universals; implicational universals in Greenberg's data and the Expanded Sample; and the predictions made by implicational and distributional universals for word order change. Reformulated universals for historical reconstruction are also discussed, along with some laws of reconstruction derived from synchronic universals. The final chapter is devoted to the Expanded Sample, with particular reference to its quantities as well as its typological and genetic classification. This monograph will be a useful resource for specialists in grammar and linguistics. (shrink)

This paper argues that proper functions are proximal functions. In other words, it rejects the notion that there are distal biological functions – strictly speaking, distal functions are not functions at all, but simply beneficial effects normally associated with a trait performing its function. Once we rule out distal functions, two further positions become available: dysfunctions are simply failures of proper function, and pathological conditions are dysfunctions. Although elegant and seemingly intuitive, this simple view has had surprisingly little uptake in (...) the literature. Indeed, our position departs from that of almost every theorist who has engaged with the issue at any depth. We start by presenting three arguments for the position that proper functions are proximal: one from the specificity of functions, one from their relation to intervention, and one from their relation to pathology. We then consider two case studies evidencing the trouble that accepting distal functions causes for philosophical reflection on the nature of pathological conditions. Finally, we anticipate and respond to three objections: that there can be failure of function without dysfunction; that our account is unacceptably revisionary in respect of normal function-talk; and that our thesis over-generalises from a narrow set of cases. (shrink)

This paper asks when a natural disease kind is truly 'reactive' and when it is merely associated with a corresponding social kind. I begin with a permissive account of real kinds and their structure, distinguishing natural kinds, indifferent kinds and reactive kinds as varieties of real kind characterised by super-explanatory properties. I then situate disease kinds within this framework, arguing that many disease kinds prima facie are both natural and reactive. I proceed to distinguish ‘simple dependence’, ‘secondary dependence’ and ‘essential (...) dependence’ between a natural kind and its classification, and argue that a natural kind is only really reactive, in an important sense, under conditions of essential dependence. On this basis, I offer a principled hypothesis for why psychiatric kinds tend to be more metaphysically unstable than paradigm somatic disease kinds. (shrink)

Medical ethics would be better if people were taught to think more clearly about well-being or the concept of what is good for a person. Yet for a variety of reasons, bioethicists have generally paid little attention to this concept. Here, I argue, first, that focusing on general theories of welfare is not useful for practical medical ethics. I argue, second, for what I call the “theory-without-theories approach” to welfare in practical contexts. The first element of this approach is a (...) focus on examining important and relatively uncontroversial constituents of welfare as opposed to general theories. The second key element is a framework for thinking about choice in relation to welfare, a framework I refer to as “the mild objectivity framework.” I conclude with illustrations of the way in which the “theory without theories approach” can improve thinking in medicine. (shrink)

In her impressive book, looking at the philosophy and science of well-being, Anna Alexandrova argues for the strong claim that we possess no stable, unified concept of well-being. Instead, she thinks the word “well-being” only comes to have a specific meaning in particular contexts, and has a quite different meaning in different contexts. I take issue with (1) her claim that we do not possess a unified, all-things-considered concept of well-being as well as with (2) her failure to consider why (...) we might want a unified concept. I grant that Alexandrova is probably correct that the word “well-being” is used differently in different contexts. But this only shows that one word can come to be used to express different concepts. Moreover, noting that several concepts exist that are picked out by “well-being” doesn’t establish that we lack altogether a notion of all-things-considered well-being. I believe we have such a concept, even though it is not always the concept in play. Moreover, I think we need such a concept. The conceptual muddles Alexandrova highlights—muddles that result from a single word being used to express multiple ideas—remind us how important it is to be able to distinguish different concepts from one another, as well as how important it is to periodically remind ourselves of how various forms of specialist dialogue relate back to the broader, more general notion of “well-being.”. (shrink)

I was an altar girl at St. Mary the Virgin, New York City–one of the first, in fact. In the mid‑70s, one of my friends approached the Rector and negotiated a deal: we women, who were interested in acolyting, would be allowed to serve at mass during the week, in street clothes, on the condition that we form and staff an altar guild.

In lieu of an abstract, here is a brief excerpt of the content:Piso in Chicago: A Commentary on the APA/AIA Joint Seminar on the Senatus Consultum de Cn. Pisone PatreHarriet I. FlowerThe discussion which follows comprises comments on the papers by John Bodel, D. S. Potter, and Richard Talbert which were delivered at the APA/AIA seminar on the Senatus Consultum de Cn. Pisone Patre in Chicago, 28 December 1997. Those papers, now collected (with some minor revisions) in this issue of (...) AJP, cover a variety of topics ranging from Piso’s punishments to the virtues espoused and advertised in the rhetoric of the Julio-Claudians, from the chronology of events in A.D. 19–20 to the relationship between the decree and the account of Piso’s trial in Tacitus (Ann. 3.10–18). They serve to illustrate just some of the many aspects of Roman life which have been illuminated in new and vivid detail by the publication of the decree. My purpose here is to reflect upon these particular papers and to prompt further thought about a number of questions arising from the decree. Remarks below are focused closely on the meaning and interpretation of the new text itself. Rather than seeking to take a definite stance on every issue, my aim here is to explore some interpretations and to prompt further debate. Even as the Senate’s decree provides us with a wealth of fresh insights into events in Rome and in the empire in 19–20, it also reveals the limits of our knowledge and understanding about many areas of Roman life.J. Bodel, “Punishing Piso”In his detailed and well-argued paper John Bodel focuses on four of the six penalties imposed by the Senate on Cn. Calpurnius Piso after his suicide:1. The ban on mourning by women (lines 73–75)2. The ban on Piso’s imago (76–82) [End Page 99]3. The erasure of Piso’s name from the statue of Germanicus set up by the sodales Augustales in the Campus Martius near the Altar of Providentia (82–84)4. The demolition of additions built by Piso to link various private houses supra portem Fontinalem (105–8).Bodel has chosen to comment on these four penalties since they reflect Piso’s public image in Rome. A focus on specific penalties is helpful in getting to grips with the implications of the Senate’s imposition of post-mortem sanctions, commonly referred to as damnatio memoriae. However, all six of the penalties are actually part of the damnatio memoriae, and it is also important to consider them as a group. 1 As Bodel has clearly shown, they were specifically tailored to Piso’s case. They seem to be listed in an order which suggests events in sequence after a death, starting with mourning by women, moving through commemoration, and ending up with questions of property, which would, under other circumstances, have been disposed of through the will of the deceased. The property is actually divided between two generations of Piso’s descendants as provision is also made for his granddaughter Calpurnia. She was the child of his eldest son and must have been very young at the time of the trial. 2As Bodel has so perceptively emphasized, the penalties imposed on Piso reflect a tension between the desire to remember the villain, by holding him up as an example to warn others, and the desire to erase his memory, since being forgotten is integral to his punishment. This tension is further emphasized by the title of Copy A of the new decree found at Irni, which was added locally by the governor, N. Vibius Seranus. Piso’s name appears in large letters over the very decree which bans his memory. There is an essential contradiction here, but it is a contradiction which is actually typical of sanctions against memory in Roman culture. A similar contradiction is inherent in other traditional penalties not imposed on Piso, such as the celebration of the day on which the disgraced person died. Scribonius Libo Drusus had suffered this disgrace only four years earlier (Tac. Ann. 2.32.4). In the same way, as Bodel has discussed in a recent article (1997), the traitors of... (shrink)

Another set of chapters tests the coherence of Anselmian theism and concepts of an Omni-God in relation to divine knowledge and goodness.This book will be of interest to scholars and undergraduates in philosophy of religion, as well as ...

This volume of the Thinker’s Guide Library introduces healthcare students and professionals to the foundations of critical thinking and offers examples of applications within clinical fields. It is an essential companion for all healthcare courses as it advances critical thinking within all specialties with the clinical professions.

Carte Blanche is the alarming tale of how the right of Americans to say "no" to risky medical research is eroding at a time when we are racing to produce a vaccine and treatments for Covid-19. This medical right that we have long taken for granted was first sacrificed on the altar of military expediency in 1990 when the Department of Defense asked for and received from the FDA a waiver that permitted it to force an experimental anthrax vaccine on (...) the ranks of ground troops headed for the Persian Gulf. Since then, the military has pressed ahead to impose nonconsensual testing of the blood substitute PolyHeme in civilian urbanities, quietly enrolling more than 20,000 non-consenting subjects since 2005. Most Americans think that their right to give or withhold consent is protected by law, but the passing in 1996 of modifications to the Code of Federal Regulations, such as statute CFR 21 50.24, now permit investigators to conduct research with trauma victims without their consent or event their knowledge. More than a dozen studies since have used the 1996 loophole to recruit large numbers of subjects without their knowledge. The erosion of consent is the result of a U.S. medical-research system that has proven again and again that it cannot be trusted. (shrink)