In this Current Controversy article, I describe and analyse the imminent move to a system of deemed consent for deceased organ donation in England and similar planned changes in Scotland, in light of evidence from Wales, where the system changed in 2015. Although the media has tended to focus on the potential benefits and ethical issues relating to the main change from an opt-in default to an opt-out one, other defaults will also change, while some will remain the same. Interaction (...) of these other defaults with the principal one raise several ethical issues that may complicate efforts to use deemed consent to increase donation rates. Most significantly, changing the main default will have the effect of changing the default for patients' families, who play a vital role in the consent process. (shrink)

Combining engaging discussions and stimulating new case studies, BUSINESS ETHICS: A TEXTBOOK WITH CASES gives students a comprehensive survey of business ethics that will guide them toward becoming ethical professionals, even if they have never studied philosophy before. Rich with real-world examples, BUSINESS ETHICS: A TEXTBOOK WITH CASES invites students to critically analyze and apply a broad range of philosophical concepts and principles to today's most important issues in business and beyond. BUSINESS ETHICS: A TEXTBOOK WITH CASES is a concise (...) (without readings) and updated version of the eleventh edition of MORAL ISSUES IN BUSINESS. BUSINESS ETHICS: A TEXTBOOK WITH CASES is also available in an eBook format. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version. (shrink)

This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...) years earlier for two murders. Delling never had the opportunity to plead the insanity defense because his home state, Idaho, had abolished it in 1982. -/- By depriving Delling of the right to plead insanity, Idaho violated Delling’s Fourteenth Amendment right to due process and his Eighth Amendment right against “cruel and unusual” punishment. Naturally, the same is true for many other mentally ill and disabled defendants who have been prosecuted in Idaho and in the other three states that have abolished the insanity defense: Kansas, Montana, and Utah. -/- The second general part of this Article notes an insight that I stumbled upon in the course of researching the first part: the insanity defense and the mistake of law defense both require ignorance of the law, what I refer to as “normative ignorance.” Indeed, normative ignorance is what makes both of these defenses exculpatory in the first place. -/- Given this critical connection, there is a way for Idaho, Kansas, Montana, and Utah to resume compliance with the Constitution. Instead of reinstating the insanity defense per se, which might be politically unpopular, they should just broaden their mistake of law defense to include normative ignorance caused by cognitive incapacity that is itself caused by mental illness or disability. -/- Still, this Article is not merely directed at these four western states. It is directed at the other forty-six states as well. Because they already have an insanity defense, they need not incorporate it into their mistake of law defense. But in the third general part, I will argue that they should still expand their mistake of law defense to cover defendants who either lack a reasonable opportunity to learn the law or reasonably but mistakenly infer from widely accepted norms or ethics that their conduct is lawful. (shrink)

This unique anthology of new, contributed essays offers a range of perspectives on various aspects of ontic vagueness. It seeks to answer core questions pertaining to onticism, the view that vagueness exists in the world itself. The questions to be addressed include whether vague objects must have vague identity, and whether ontic vagueness has a distinctive logic, one that is not shared by semantic or epistemic vagueness. The essays in this volume explain the motivations behind onticism, such as the plausibility (...) of mereological vagueness and indeterminacy in quantum mechanics and they offer various arguments both for and against ontic vagueness; onticism is also compared with other, competing theories of vagueness such as semanticism, the view that vagueness exists only in our linguistic representation of the world. Gareth Evans’s influential paper of 1978, “Can There Be Vague Objects?” gave a simple but cogent argument against the coherence of ontic vagueness. Onticism was subsequently dismissed by many. However, in recent years, researchers have become aware of the logical gaps in Evans’s argument and this has triggered a new wave of interest in onticism. Onticism is now widely regarded as at least a coherent view. Reflecting this growing consensus, the present anthology for the first time puts together essays that are focused on onticism and its various facets and it fills in the lacuna in the literature on vagueness, a much-discussed subject in contemporary philosophy. (shrink)

This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered to (...) be more or less interchangeable. But there is a growing movement, which I refer to as "responsibility skepticism," which maintains that moral responsibility is either physically or metaphysically impossible. If the responsibility skeptics are right (that moral responsibility is impossible), then what are the implications for criminal responsibility and just criminal punishment? Should we abandon these as well? Or can they survive without moral responsibility? I try to answer these questions. -/- The third part addresses social causation. The criminal justice system tends to be "dispositionalist"; it tends, that is, to assume that criminal responsibility resides entirely within the defendant. Dispositionalism, however, overlooks the fact that who we are and what we do are significantly determined by environmental influences. I then try to show that this "situationist" alternative to dispositionalism should not radically alter our approach to criminal punishment. -/- The final part briefly discusses the difficulty in evaluating criminal responsibility when the defendant is both an offender and a victim - especially when the defendant is an offender *because* of his victimization. (shrink)

Cryonic suspension is a relatively new technology that offers those who can afford it the chance to be 'frozen' for future revival when they reach the ends of their lives. This paper will examine the ethical status of this technology and whether its use can be justified. Among the arguments against using this technology are: it is 'against nature', and would change the very concept of death; no friends or family of the 'freezee' will be left alive when he is (...) revived; the considerable expense involved for the freezee and the future society that will revive him; the environmental cost of maintaining suspension; those who wish to use cryonics might not live life to the full because they would economize in order to afford suspension; and cryonics could lead to premature euthanasia in order to maximize chances of success. Furthermore, science might not advance enough to ever permit revival, and reanimation might not take place due to socio-political or catastrophic reasons. Arguments advanced by proponents of cryonics include: the potential benefit to society; the ability to cheat death for at least a few more years; the prospect of immortality if revival is successful; and all the associated benefits that delaying or avoiding dying would bring. It emerges that it might be imprudent not to use the technology, given the relatively minor expense involved and the potential payoff. An adapted and more persuasive version of Pascal's Wager is presented and offered as a conclusive argument in favour of utilizing cryonic suspension. (shrink)

Philosophy and Phenomenological Research, EarlyView.

This paper argues that the desirable features of postmodernism identified by Ronald Green are not exclusive to postmodernism; that to the extent these features are postmodern, they are not necessarily features of business ethics; that, with qualification, these are desirable features to include in business ethics; that the best way to accomplish this inclusion is by appealing to an Aristotelian model; and that post-modernism has implications for the legal environment of business.

I argue for two theses about semantically anomalous utterances (more commonly called "category mistakes") like "sequestered slaps reel evergreen rights". First, semantic anomaly generates a unique form of semantically enforced quantifier domain restriction. Second, the best explanation for why anomaly interacts with quantifiers in this way is that anomalous utterances are truth-valueless. After arguing for these points, I trace out two consequences these theses have in semantics and logic. First, I argue they motivate a trivalent semantics on which truth-valueless material (...) has an unsual positive role to play in the compositional semantics of truth-evaluable utterances. Second, I argue that the interaction of anomaly with quantifiers generates a unique form of classical inference failure, and also provides special motivations for reconceptualizing our logical consequence relations. (shrink)

Advances in fertility medicine have led some ethicists to call for stricter regulations on assisted reproduction. One counterargument is that such restrictions are unfair, for they impose far more...

Health care should be preferentially allocated to younger patients. This is just and is seen as just. Age is an objective factor in rationing decisions. The arguments against 'ageism' are answered. The effects of age on current methods of rationing are illustrated, and the practical applications of an age-related criterion are discussed. Ageist policies are in current use and open discussion of them is advocated.

The aim of this paper is to present the Nyāya concept of number in the light of contemporary philosophy and to show that the Frege-Russell concept of number does not contradict the Nyāya concept of number but rather supplements it.

This chapter explores what we actually mean by data donation after death, and what different types of data donation metadata are involved in the process. It then provides an analysis of the ethical ramifications of each of these different types of data, outlines the concepts of data advance directives and data donation guardians as one way of dealing with these issues, and considers alternative governance mechanisms. The degree of control given to the first data donors may need to be high (...) in order to maintain trust, but over time attitudes may evolve towards everyone giving “big consent” to data donation. (shrink)

The use of intention in ethics has been the subject of intense debate for many years, but no consensus has emerged over whether intention is morally relevant, or even how it should be understood. In this paper I wish to make a thorough, though by no means exhaustive, examination of the concept and the concepts around it, some to be seen as near-synonyms, and some as contrasting ideas. My interest is in the ethical use of the concept, though my own (...) analysis of it will be indebted to discussions in the philosophy of action. The most famous ethical use, which will not, however, be my direct focus here, is the ‘principle of double effect,’ which states that an agent may cause or allow something bad as long as, first, no evil is intended as an end or a means; and, second, that the foreseen bad is not out of proportion with the anticipated good. It is important to note the principle’s testimony to the plausibility of prohibitions expressed in terms of intentions, and, alongside these, a general prohibition on doing inordinate harms even without intention. (shrink)

This project reframes the four roots (or elements) in Empedocles in order to challenge the Aristotelian account of the One as undifferentiated sameness. Aristotle credits Empedocles with developing both the theory of four material elements and introducing the conception of dualistic moving causes into philosophy through Love and Strife. Aristotle’s interpretation maintains a singular moment in the evolution of the cosmos when Love dominates the whole and unifies all things into a perfectly spherical One, which he describes as an undifferentiated, (...) qualityless substratum. Based on Fragments B17, B62, and B110, this paper argues that a rhizomatic motion in which each root tends towards its own kind emerges from the roots independently of Love and Strife. Thus, Empedocles actually maintains three different sorts of motion: (1) the motion of unlike towards unlike, motivated by Love, (2) the motion of unlike away from unlike, motivated by Strife, and (3) a rhizomatic motion of like to like. The presence of six sources of motion challenges Aristotle’s assumption that, as the One, the universe enjoys a moment of identity without difference. The presence of rhizomatic motion makes the blending or mixing of the roots impossible in the Σφαῖρος. The paper begins by developing Aristotle’s paradox of Strife in the Metaphysics and his paradox of alteration in On Generation and Corruption, followed by Empedocles’ account of mixture and separation in Fragments B8 and B35. Section three examines the precise functions of Love and Strife in Fragments B17 and B21. The last section considers the Empedoclean Σφαῖρος under these different conditions, arguing that the cosmic sphere should not be viewed as an inconsistent disappearance of the roots, but as god understood as a singular community of difference. (shrink)

PstS and DING proteins are members of a superfamily of secreted, high‐affinity phosphate‐binding proteins. Whereas microbial PstS have a well‐defined role in phosphate ABC transporters, the physiological function of DING proteins, named after their DINGGG N termini, still needs to be determined. PstS and DING proteins co‐exist in some Pseudomonas strains, to which they confer a highly adhesive and virulent phenotype. More than 30 DING proteins have now been purified, mostly from eukaryotes. They are often associated with infections or with (...) dysregulation of cell proliferation. Consequently, eukaryotic DING proteins could also be involved in cell–cell communication or adherence. The ubiquitous presence in eukaryotes of proteins structurally and functionally related to bacterial virulence factors is intriguing, as is the absence of eukaryotic genes encoding DING proteins in databases. DING proteins in eukaryotes could originate from unidentified commensal or symbiotic bacteria and could contribute to essential functions. Alternatively, DING proteins could be encoded by eukaryotic genes sharing special features that prevent their cloning. Both hypotheses are discussed. (shrink)

This paper considers the problem of closeness in the ethical use of intention. In section I, attempts inspired by Anscombe to use a “coarse grained” understanding of intention, to deal with certain difficult cases, are rejected. In section II it is argued that the difficult cases can be addressed using other moral principles. In section III a more detailed account of intention is set out, analysing intention as a reason for action, and in section IV two paradoxes apparently created by (...) this account are addressed: on the contrast between intentions and intentional action, and the difference between killing a group of people together or individually. In section V another set of cases is considered, to test how this account of intention handles the intention of harm. Section VI considers the objection that an agent may cause what is a harm without intending it as a harm. (shrink)

The Journal of Alternative and Complementary Medicine is a major complementary and alternative medicine journal, with an an 18-year history and an impact factor of almost 1.5. This paper examines an article and accompanying editorial from the August 2011 issue of the journal and finds a severe lack of scientific and academic rigour.

This essay critically assesses Plekhanov's famous article on the role of the individual in history. Part I explicates his treatment of the problem of free will and determinism and argues that it is unsatisfactory. The whole issue, however, is held to be largely irrelevant to Marxism. Part II then turns to the question of the explanatory weight given to individual action by historical materialism. Plekhanov's discussion of this issue is more insightful, and the essay endeavors to distinguish between the strong (...) and weak points of his analysis in order to lay the foundations for a more adequate handling of the subject. (shrink)

This paper analyzes the following question: What do women deserve, ethically speaking, when they agree to gestate a fetus on behalf of third parties? I argue for several claims. First, I argue that gestational motherhood’s moral significance has been misunderstood, an oversight I attribute to the focus in family ethics on the conditions of parenthood. Second, I use a less controversial version of James Rachels’s account of desert to argue that gestational mothers deserve a parent-like voice as well as significant (...) care and support, conclusions that have implications for commercial surrogacy. Finally, I argue that we should not make requests of others when fulfilling them will lead others to deserve goods we cannot reasonably expect them to receive, and I conclude based on this thesis, what I call the “strings attached thesis,” that pro-life arguments in support of prohibitions on abortion commit their proponents to policies which they may not be willing to support. (shrink)

In order to explain Cavell's account of what makes movies so magical, this article will offer a chronological survey of his major writings on film, beginning with the first edition of The World Viewed (1971), where he poses an intriguing theoretical hypothesis about what distinguishes the movies from the other major art forms. The survey will continue by considering the expanded edition of The World Viewed (1979), Pursuits of Happiness: The Hollywood Comedy of Remarriage (1984), and Contesting Tears: The Hollywood (...) Melodrama of the Unknown Woman (1997), and will conclude with an analysis of Cavell's discussion of Emersonian perfectionism in Cities of Words (2005). Throughout, I show how the specific film interpretations he proposes serve as archetypal examples of crucial features of his philosophy. Cavell's general thesis, I take it, is that films can pose particularly satisfying responses to the skepticism we all harbour about our most deeply held values. In a nutshell, the movies are magical because they tell us myths that allow us to see our lives as worth living, helping to restore our faith in the wellsprings of human value: romantic love, individual autonomy, nonconformity, and the search for self-improvement. (shrink)

In the past three decades, philosophers have delved into applied ethics, pursuing a surprisingly wide range of practically oriented normative questions, and a number of fields of applied ethical research and teaching are flourishing. There have, however, been few comparative studies of different fields in applied ethics, but such studies can, I believe, teach us something. Accordingly, this essay compares and contrasts business ethics and military ethics as distinct disciplinary or sub-disciplinary areas. The two subjects might appear to be worlds (...) apart. Yet there are not only differences, but also intriguing similarities between them. Specifically, I discuss the skepticism that often greets the idea of both business ethics and military ethics, compare the emergence of the two as academic fields, and examine some pedagogical issues they face. I then try to put some central questions in both fields in fresh light by comparing and contrasting the goals and responsibilities of corporations and their managers, on one hand, and of the military and its officers, on the other. (shrink)

This paper examines the divergent accounts of generation in Physics I and On Generation and Corruption. While the former concerns an unqualified and absolute generation of substance from not-substance, the latter describes the unqualified and simple generation of the elements from each other. In each of these texts, an unusual instance of ὀρέγεσθαι appears in Aristotle’s analysis, regarding the unqualified generation of substance at Phys. I 9, 192a18 and 19, and the cyclical transformation of the elements at GC II 10, (...) 336b28. These passages employ the verb consistently, suggesting that generation involves an ambiguous ontological desire. Such orectic striving differs greatly from human or other animal striving for some good. The accounts of generation in these texts are developed in order to emphasize both the distinction between the two processes and the significance of ontological desire to unqualified generation in its strongest sense. (shrink)