This book reveals the power of critical thinking to make sense of overwhelming and often subjective media by detecting ideology, slant, and spin at work. Building off the Paul-Elder critical thinking framework, Fact over Fake focuses on the internal logic of the news as well as societal influences on the media.

The attention for Moral case deliberation has increased over the past years. Previous research on MCD is often written from the perspective of MCD experts or MCD participants and we lack a more distant view to the role of MCD in Dutch health care institutions in general. The purpose of this paper is to provide an overview of the state of the art concerning MCD in the Netherlands. As part of a larger national study on clinical ethics support in the (...) Netherlands, we will focus on the prevalence and characteristics of MCD in Dutch health. A mixed methods design was used in which we combined two survey questionnaires, two focus groups and 17 individual interviews with top managers or ethics support staff. The findings demonstrate that the prevalence of MCD is relatively high in Dutch health care, especially in mental health care. Institutions with MCD differ from institutions without MCD concerning size, kind of problems and importance of ideological background. Characteristic of MCD is that it often exists for 3 years or more, has a high participation of health professionals and middle managers and is both organized scheduled as unscheduled. As well integration in existing policy as key persons emerge as important issues in relation to the positioning of MCD. We conclude that MCD is a part of an integrated ethics policy and serves as a catalyst for such an integrated ethics policy. (shrink)

Anthropologists have provided rich field descriptions of the norms and conventions governing behavior and interactions in small-scale societies. Here, we add a further dimension to this work by presenting hypothetical moral dilemmas involving harm, to a small-scale, agrarian Mayan population, with the specific goal of exploring the hypothesis that certain moral principles apply universally. We presented Mayan participants with moral dilemmas translated into their native language, Tseltal. Paralleling several studies carried out with educated subjects living in large-scale, developed nations, the (...) Mayan participants judged harms caused as the means to a greater good as more forbidden than harms caused as a side-effect (i.e., side-effect bias). However, unlike these other populations living in large-scale societies, as well as a more educated and less rural Mayan comparison group, the target rural Mayan participants did not judge actions causing harm as worse than omissions (i.e., omission bias). A series of probes targeting the action-omission distinction suggest that the absence of an omission bias among the rural Mayan participants was not due to difficulties comprehending the dilemmas, using the judgment scale, or in attributing a greater causal role for actions over omissions. Thus, while the moral distinction between means and side-effect may be more universal, the moral distinction between actions and omission appears to be open to greater cross-cultural variation. We discuss these results in light of issues concerning the role of biological constraints and cultural variation in moral decision-making, as well as the limitations of such experimental, cross-cultural research. (shrink)

This volume brings together for the first time the highly influential essays, many of them classics, of one of the most prominent scholars in social philosophy and feminist theory. These essays provide a compelling view of many of the major trends in social theory over the past fifteen years—trends that Linda Nicholson herself helped to shape. The Play of Reason examines the legacies of modernity in contemporary political, social, and feminist thought and the unraveling of these legacies in postmodern (...) times. Linda Nicholson first focuses on the tension in modern social theory between attempts to recognize change and diversity and struggles to capture such change in overarching frameworks of meaning and value. She illuminates the consequences of these conflicting tendencies in relation to Marxism, feminist theory, and classical liberal accounts of the family and the state. Nicholson then asks how theory and the resolution of difference are possible after such overarching frameworks are abandoned. She shows how a pragmatic understanding of theory answers widespread fears about relativism. The Play of Reason is a powerful demonstration of a politically engaged social theory. (shrink)

How do we punish others socially, and should we do so? In her 2018 Descartes Lectures for Tilburg University, Linda Radzik explores the informal methods ordinary people use to enforce moral norms, such as telling people off, boycotting businesses, and publicly shaming wrongdoers on social media. Over three lectures, Radzik develops an account of what social punishment is, why it is sometimes permissible, and when it must be withheld. She argues that the proper aim of social punishment is to (...) put moral pressure on wrongdoers to make amends. Yet the permissibility of applying such pressure turns on the tension between individual desert and social good, as well as the possession of an authority to punish. Responses from Christopher Bennett, George Sher and Glen Pettigrove challenge Radzik's account of social punishment while also offering alternative perspectives on the possible meanings of our responses to wrongdoing. Radzik replies in the closing essay. (shrink)

Photographers Linda and Robert Scarth have an incredible eye for that magic moment when small becomes beautiful. Matched with patience and skill, their eye for magic produces dazzling images of Iowa nature up close. Revealing the miniature beauties hidden among the patches of prairie, woodland, and wetland that remain in Iowa’s sadly overdeveloped landscape, the seventy-five color photographs in Deep Nature give us a breathtaking cross section of the state’s smallest inhabitants. The Scarths’ close-up images of showy orchis and (...) northern monkshood, great spangled fritillary and painted lady, red-breasted nuthatch and eastern wood-pewee, ornate box turtle and gray treefrog, big bluestem and cotton-grass, and many other natural wonders look more like paintings than photographs. Beginning with an iridescent fly hovering over a neon-purple fringed gentian and ending with their iconic image of coneflowers refracted in dewdrops, they have created a sparkling jewelbox of images that will make us look at the small world around us with renewed appreciation. Attending to the small things in the fabric of nature is the Scarths’ source of artistic inspiration. Taking Walt Whitman’s “every leaf is a miracle” as their beginning, they celebrate not only each leaf but each feather, insect, dewdrop, flower, lichen, and intricate organism in the evolving web of life. (shrink)

This book explores how the trans phenomenon can challenge the existing concept of the Self and its nature. The catalyst is Moore’s Paradox: can a trans person coherently state ‘I am a girl but I don’t believe that’? More deeply, three fundamental philosophical questions arise, of ontological, epistemological, and conceptual significance: what Self understands that the natal-gender is ‘wrong’? How does the trans person know that the natal-gender is ‘wrong’ and what counts as evidence? And finally, how does this effect (...) the concept of Self itself? Seeking answers, Brakel considers various theories of the Self, including classical accounts, modern views, and models developed by selected gender theorists. The book then takes a biological turn, first developing an evolutionary proper-function analysis of gender and trans-gender and subsequently proposing the possibility of a new ontological phenotype. With a review of cutting-edge neuroscientific research conducted over the last twenty-five years, Brakel propels this timely and important investigation toward the future, using experimental philosophy empirical studies adapted from classic thought experiments on the nature of the Self. (shrink)

In this paper I explore white attempts to move toward a proactive position against racism that will amount to more than self-criticism in the following three ways: by assessing the debate within feminism over white women's relation to whiteness; by exploring "white awareness training" methods developed by Judith Katz and the "race traitor" politics developed by Ignatiev and Garvey, and; a case study of white revisionism being currently attempted at the University of Mississippi.

The last twenty-five years or so of thought about tort law have been remarkably productive and dynamic, as the dominance of the law and economics model has been challenged by theories that reintroduce the language of corrective justice. Over this same time period, theorizing about corrective justice has sprung up in response to a wide range of social, political and moral issues. I have in mind work on restorative theories in criminal justice; on postwar justice; on truth commissions, political reconciliation (...) and transitional justice in contexts of regime change; on official apologies as responses to international crises, institutionalized abuse and historical injustices; and on interpersonal apology, the making of amends, and forgiveness as responses to everyday moral transgressions. In these writings, theorists explore what people owe to one another in the aftermath of various kinds of wrongdoing, and thereby subtly challenge our ideas about what should be included under the heading of corrective justice. One new strand of thought, which appears in many of these debates, suggests that corrective justice requires a form of reconciliation or relational repair. My goal in this chapter is to introduce this idea and explore what it might offer to the philosophy of tort law. (shrink)

Background In the US, many patients forgo recommended care due to cost. The ANA Code of Ethics requires nurses to give care based on need. Therefore, US nurses are compelled to practice in a context which breaches their professional ethical code. Research Objectives This study sought to determine if nurses do care for patients who forgo treatment due to cost (PFTDC) and if so, does this result in an experience of moral distress (MD). Research Design Semi-structured interviews were transcribed and (...) analyzed using a qualitative content analysis. Participants and Research Context A convenience sample of 20 nurses in practice for at least one year from a variety of health care setting participated. Ethical Considerations This project was approved by the Michigan State University Biomedical Institutional Review Board. Results There were 19 female and one male nurse-participants, averaging 47 years old with an average of 10 years in practice. 18 reported caring for PFTDC. These 17 nurse-participants experienced a moderate degree of MD as a result, averaging 5.4 of 10 on the Moral Distress Thermometer. In the interviews, the following themes were identified, strategies to help PFTDC, and the broken US health care system which had the subthemes of preference for business over patient-oriented benefit, PFTDC using the emergency department, and limited support for treatment/management of PFTDC. Conclusions The existence of this phenomenon places the profession of nursing in the US in a position of moral compromise and threatens to corrupt the institution of nursing in the US. (shrink)

Every day, in many situations, we use expressions which seem only vaguely to provide us with information. The weather forecaster tells us that "some showers are likely in Northern regions during the night", a statement which is vague with respect to number of showers, location, and time. Yet such messages are informative, and often it is not possible for the producer of the message to be more precise. A tutor tells his students that "only a few students fail their exams (...) outright". This does not give a precise incidence. Yet it might be equally misleading to do so. For example, to say that 12% failed outright last year says nothing about other years, while to say an average of 8% over the last five years says nothing about variability. We argue that a precise, numerical statement can be sometimes more misleading in reality than a vague statement. Many researchers in psychology have attempted to capture the meaning of quantities by relating them to scales of quantity. The book explores this idea in detail and shows with original studies how these expressions also serve to control attention and to convey information about the expectations held by those involved in the communication. The book works towards a psychological theory of the meaning of quantifiers and similarly vague terms. New links are drawn between formal theories of quantification and psychological experimentation. (shrink)

Contemporary defenders of autonomy and traditional defenders of authority generally assume that they have so little in common as to make it hopeless to attempt a dialogue on the defensibility of epistemic, moral, or religious authority. In this paper I argue that they are mistaken. Under the assumption that the ultimate authority over the self is the self, I defend authority in the realm of belief on the same grounds as Joseph Raz uses in his well-known defense of political authority (...) in the tradition of political liberalism. The acceptance of authority over certain beliefs extends to moral and religious beliefs and is not only consistent with autonomy, but is entailed by rational self-governance. (shrink)

In this timely book, a Pulitzer Prize-winning reporter trains an autobiographical lens on a moment of remarkable transition in American journalism. Just a few years ago, the mainstream press was wrestling with whether labeling waterboarding as torture violated important norms of neutrality and objectivity. Now, major American newspapers regularly call the president of the United States a liar. Clearly, something has changed as the old rules of "balance" and "two sides to every story" have lost their grip. Is the change (...) for the better? Will it last? In Just a Journalist, Linda Greenhouse--who for decades covered the U.S. Supreme Court for The New York Times--tackles these questions from the perspective of her own experience. A decade ago, she faced criticism from her own newspaper and much of journalism's leadership for a speech to a college alumnae group in which she criticized the Bush administration for, among other things, seeking to create a legal black hole at Guantánamo Bay--two years after the Supreme Court itself had ruled that the detainees could not be hidden away from the reach of federal judges who might hear their appeals. One famous newspaper editor expressed his belief that it was unethical for a journalist to vote, because the act of choosing one candidate over another could compromise objectivity. Linda Greenhouse disagrees. Calling herself "an accidental activist," she raises urgent questions about the role journalists can and should play as citizens, even as participants, in the world around them. (shrink)

"Territorial Presence As A Ground For Claims: Some Reflections" returns to political theory to assess the moral and legal position of those individuals who are inside the territory of liberal democratic states, but whose very presence has been unauthorised by the state. The author asks the question as to what their bodily presence means and does from a political perspective. The paper is part of a broader political phenomenology of territoriality in liberal national thought and puts emphasis on the idea (...) that it is migrants’ bodily presence within the state’s territory that lies at the analytical heart of the conversation about irregular immigrants. What is paradoxical about territorial presence of unauthorised migrants is that such presence is simultaneously the source of the offence states invoke as a justification for making them ‘illegal’; the basis for protections the migrants may claim against the state for basic fair treatment while present; and the ground for claims they make to remain present – i.e., to stay in the territory. Territorial presence is thus a fertile ground for the analysis of arbitrary law-making in migration. The author sets out to analyse some recent legal developments pertaining to the governance of irregular non-citizen immigrants in the United States. These developments bear on the project of theorising "immigrant justice" as resistance to the growing illiberalization of migration policy. In her view, the very existence of a class of people designated as irregular migrants within state polities presupposes that such polities maintain formal exclusionary border regimes and that in such regimes, some persons are predesignated as ineligible for entry. And even though those exclusion rules do not function to fully preclude entry and presence of such persons, states do not treat their arrival as an automatic basis for full membership either. Hence, irregular immigrants are territorially present in a state that purports to eschew that presence. The author then explores how the idea of “sanctuary” relates to the kinds of claims that both liberal humanitarians and immigrant justice advocates have been making over the last few years. These are claims which ground protection in what exponents cite as the overriding ethical significance of immigrants’ territorial presence – their already-hereness – as the basis for recognition and rights. In particular, the author makes the case that even though "sanctuary" provides a logic of safe harbour, it fails to end the predicament of constitutive based in border exclusionism. For her, the political, social, but also philosophical, struggle for the idea of border abolitionism requires a figurative sword that must go beyond sanctuary so that borders are not just mitigated, but radically deconstructed and even destroyed. The author takes this to be the vital imperative that confronts all legal and political theorists who must engage the normative challenge of rethinking arbitrary law-making in view of the new inequalities that a global political order grounded on sovereign borders produces. (shrink)

Increased international migration of health professionals is weakening healthcare systems in low‐income countries, particularly those in sub‐Saharan Africa. The migration of nurses, physicians and other health professionals from countries in sub‐Saharan Africa poses a major threat to the achievement of health equity in this region. As nurses form the backbone of healthcare systems in many of the affected countries, it is the accelerating migration of nurses that will be most critical over the next few years. In this paper we present (...) a comprehensive analysis of the literature and argue that, from a human rights perspective, there are competing rights in the international migration of health professionals: the right to leave one's country to seek a better life; the right to health of populations in the source and destination countries; labour rights; the right to education; and the right to nondiscrimination and equality. Creative policy approaches are required to balance these rights and to ensure that the individual rights of health professionals do not compromise the societal right to health. (shrink)

This article explores processes of articulation in the controversies over third-generation mobile phone transmitters and the interrelated phenomenon of “electrosensitivity.” The argument is that the search to fix public image and public concerns tends to alienate the public from technology discussions. An alternative political epistemology of articulations is suggested to explore the dynamics among prereflexive motives, public engagement, and institutional requirements for public deliberations.

In lieu of an abstract, here is a brief excerpt of the content:Elementary Students Quilting through Social StudiesLinda Bennett (bio)IntroductionIt is enchanting when over twenty students' quilt squares make a quilt. The common yet diverse techniques for making a quilt transform the students' quilt squares into a shared quilting experience. A quilt made by students in one classroom can demonstrate a unique characteristic of each student by combining their squares into a quilt about a common theme in the social studies (...) curriculum. The quilts become a lasting record of the students' depictions of the theme under study and contributions to a class project. The six quilts described in this article demonstrate how to make class quilts using social studies themes. The lessons learned by the students and teachers are shared and additional resources are provided to extend the experiences of elementary students quilting through social studies.The Elementary CurriculumOne of the first decisions when making a quilt in elementary school is how the quilt connects to the curriculum. Each year I ask my child's classroom teacher what social studies themes are in the curriculum, and with the help of the classroom teacher, the students design a quilt that matches the curriculum. The teacher determines how much class time to use for discussion of the theme and the best quilting technique for the students.The typical elementary social studies curriculum centers around self, family, school, and community in kindergarten through third grades, and the local state (in this case, Missouri) and the United States in fourth and fifth grades. Quilts can depict social studies strands such as culture, history, [End Page 90] geography, psychology, sociology, or political science. Families, friends, the school, local or national history, state or national symbols, and social issues are among the themes of quilts made by first through fifth grade students. As a parent who is also a social studies educator, I contribute to my children's elementary education by making quilts about the social studies curriculum with the students in their classrooms. Click for larger view View full resolutionFigure 1."Rights of the Child" quilt.Quilting can integrate many curricula in elementary school. When elementary students make a class quilt based on a theme in the social studies curriculum, they are integrating content and skills from literacy, mathematics, science, or art into the social studies expectations. Within language arts, students read, write, and research the social studies theme and the art of quilt making. Students use mathematical skills when measuring, cutting, and stitching. Science is integrated into social studies through themes such nature, global issues, or changes in the environment.Visual arts objectives for elementary students are intertwined into the quilting lessons. The artistic design of the quilt is the result of each student's fabric selection, design, and applications to the squares. The students use their hands, hearts, and minds as they make the quilt squares, and they learn the purpose and value of the art of quilting through the connections to the social studies curriculum.Sharing the QuiltsMy desire is for the students' enthusiasm for quilting to inspire other elementary school teachers to quilt with students. Several specific quilts are discussed below; first through third grade students have made quilts depicting the themes of families, friends, and the Rights of the Child, while older students (in fourth and fifth grade) made the pioneer quilt and the freedom quilt. [End Page 91] Click for larger view View full resolutionFigure 2."Families" quilt with hearts.For the "Rights of the Child" quilt (see figure 1), made by first and second graders, the students considered the rights of children while the teacher read A Children's Chorus and For Every Child a Better World.1 Each student made a quilt square about a right using fabric crayons. The quilt hung in the local public library to celebrate the rights of the child. Next to the quilt was a diagram with the first name of the student and the theme of his or her square.2Learning the names of friends and sharing friendships in the classroom can be the focus of social studies for young students. To make the quilt squares in the friendship quilt, the students traced their hand... (shrink)

This article argues that John Gardner’s theory of corrective justice in _From Personal Life to Private Law_ relies on an overly narrow account of wrongdoing, one that it too heavily influenced by law to capture the broader conception of corrective justice that is his topic. I will suggest that these problems are avoided by a reconciliation theory of corrective justice.

Are hierarchies necessary in human relationships? This issue is a central one for feminist theory, and there is a continuing need to rethink relationships and to envision what they might be like without any sort of dominance of some over others. To aid this process of envisioning alternatives, this paper examines more closely the way one of the most intimate of hierarchies - marriage - has been argued and envisioned historically.

This is an entry into the contemporary debate over contractarian theories of political obligation, with a particular focus on the "liberal" feminist critiques. It analyzes three prominent feminist critics of contractarianism, Susan Moller Okin, Carole Pateman and Nancy Hirschmann, selected because they each try to remain within the main premises and methodology of contractarian liberalism. The conclusion is that Okin's critique is too generous, Pateman's is radically incomplete, and Hirschmann's is too radical. ;It reviews the few remarks in the works (...) of Thomas Hobbes directed to issues of gender and families, and speculates that his originality might have been stimulated by a contemporary debate about gender in Seventeenth Century England. An appendix reviews the debate for its political contents. ;The analysis then turns to contractarianism in the contemporary mode of game theory. The contractarian exercise establishes the state of nature scenario, introduces male and female players, and characterizes the females as smaller, weaker, and vulnerable in childbirth and nursing. It then varies the players' moral psychologies along the egoism/altruism continuum. The exercise then applies the assumptions of contractarian game theory to analyze how a two-gender population would deal with the problems of violence and heterosexual sexual intercourse. The analysis concludes that the best strategy for females in contractarian terms is collective action and that institutions of the social contract state can be evaluated according to whether the institutions inhibit or advance that possibility. It then applies such an analysis to the theories of Robert Nozick and John Rawls and finally to three institutions of the liberal contractarian state: territorial representation, sexual individualism and individualism in employment. ;The work concludes that both theories and institutions are inadequate to provide for gender equality, because each is hostile to female collective action, the theories because of their insistence on the primacy of freedom over equality and the institutions because of their particular effects on the elements of cooperation. (shrink)

In this paper I set out the problem of feminist social science as the need to explain and justify its method of theory choice in relation to both its own theories and those of androcentric social science. In doing this, it needs to avoid both a positivism which denies the impact of values on scientific theory-choice and a radical relativism which undercuts the emancipatory potential of feminist research. From the relevant literature I offer two possible solutions: the Holistic and the (...) Constructivist models of theory-choice. I then rate these models according to what extent they solve the problem of feminist social science. I argue that the principal distinction between these models is in their contrasting conceptions of truth. Solving the problem of feminist social science will require understanding that what is at stake in the debate is our conception of truth. This understanding will serve to clarify, though not resolve, the various approaches to and disagreements over methodologies and explanations in feminist social science. (shrink)

Ashrams in Europe twenty-five hundred years ago? Greek philosophers studying in India? Meditation classes in ancient Rome? It sounds unbelievable, but it’s historically true. Alexander the Great had an Indian guru. Pythagoras, Empedocles, and Plotinus all encouraged their students to meditate. Apollonius, the most famous Western sage of the first century c.e., visited both India and Egypt—and claimed that Egyptian wisdom was rooted in India. In Lost Masters, award-winning author Linda Johnsen, digging deep into classical sources, uncovers evidence of (...) astonishing similarities between some of the ancient Western world’s greatest thinkers and India’s yogis, including a belief in karma and reincarnation. Today ancient Greek philosophers are remembered as the founders of Western science and civilization. We’ve forgotten that for over a thousand years they were revered as sages, masters of spiritual wisdom. Lost Masters is an exploration of our long-lost Western spiritual heritage and the surprising insights it can offer us today. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Will to Power in Nietzsche’s Published Works and the NachlassLinda L. WilliamsIt is universally acknowledged by scholars of Nietzsche’s work that will to power is one of the most important notions in Nietzsche’s writings, but strangely, like the other “central” notions of eternal recurrence and the Übermensch, there are relatively few aphorisms in either the published or unpublished material that include the term. In the case of will to (...) power, however, Nietzsche promises in a footnote in On the Genealogy of Morals to discuss and explore the notion of will to power in a book entitled The Will to Power. 1 Giorgio Colli and Mazzino Montinari, among others, have argued persuasively that Nietzsche abandoned this project. 2 Nevertheless, the phrase “will to power” remains the most notorious feature of Nietzsche’s philosophy, probably due to its unfortunate and mistaken connections with the Third Reich. As Walter Kaufmann notes, the notion of will to power did not “spring fully formed from Nietzsche’s brow like Pallas Athena.” 3 This was an idea that evolved over time. This paper examines both the published and his unpublished writings (the Nachlass) to gain a better understanding of how this important phrase developed.The Nachlass can be divided roughly into three different kinds of work. 4 The first kind is comprised of the works Nietzsche was editing right before his collapse. These works are Ecce Homo, Nietzsche Contra Wagner, and The Antichrist, and they were so polished that we can safely take them as [End Page 447] equal in status to the works that Nietzsche had already published or, like Twilight of the Idols, were being published at the time of his collapse. The second kind are Nietzsche’s early, finished pieces that were never published, the so-called Schriften, primarily his lectures and writings while he was employed at Basel. These pieces are presumably complete and polished, although Nietzsche chose not to publish them, but they do not affect this inquiry, since will to power was a relatively late concept for Nietzsche.The third kind of work consists of Nietzsche’s notes, which vary from sentence fragments or single sentences to sketchy outlines of various projects to several long paragraphs in essay form. Nietzsche’s notebooks looked like anyone’s notebook, with passages lined out, words jotted in the margins, and overwriting. Some of the entries in the Nachlass can be found with only minor revisions in the books Nietzsche had published, and since he painstakingly recopied his books in his neatest handwriting right before he sent them to his editor, these strikingly similar entries are most probably the penultimate copy drafts of the published aphorisms.The writings that did not find their way into publication in any form are problematic. Are they rough drafts of some future work which Nietzsche was unable to complete due to his illness? If so, some of these controversial notes would have been waiting for years. Are they ideas that Nietzsche entertained but ultimately rejected? If so, we should not place them on par with the ideas in his published works. Even if we consider these notes rough drafts of future works, it remains unclear whether we should consider what is written in these notes to be as indicative of what Nietzsche thought as the works he authorized for publication. Sometimes what is written in the unpublished notes on a particular topic is very different from what is written on that topic in the published works. Bernd Magnus made this kind of case against the Nachlass notes concerning eternal recurrence, 5 and I want to make a similar claim about the notes concerning will to power. Reviewing the Nachlass notes in conjunction with the published aphorisms will give us a better understanding of how the published and unpublished notes differ.The term “will to power” (Wille zur Macht) first appeared in publication in Thus Spoke Zarathustra. 6 In the aphorism “On 1001 Goals” Nietzsche describes a people’s tablets of good and bad as the voice of its will to power. Wille zur Macht appears in only two more aphorisms in the course of this long work, in “On Self-Overcoming” and in... (shrink)

While Charles Griswold's interpretation of Bishop Butler's theory of forgiveness is an improvement over the standard reading, it leaves Butler unable to distinguish between forgiveness and justice. The emotions and actions that are offered as definitive of forgiveness instead merely show that the agent is not unjust. However, if we refocus our interpretation of Butler, we can see how he might disentangle forgiveness and justice.

In his essay on paternalism and personal identity, Wilkinson draws on Derek Parfit’s Reasons and Persons (1984) to call for a reappraisal of the role of paternalism in healthcare decision-making in situations in which patients with capacity make decisions which are likely to have harmful consequences for themselves.1 The imperative to respect autonomy, coupled with JS Mill’s insistence that the state is justified in interfering with an individual’s liberty only in situations in which she harms or threatens to harm another (...) person, leaves clinicians with little room to constrain decisions in which a patient’s choice may seriously harm her. Parfit reduces personal identity to the continuity of psychological and physical traits across the lifecourse, and suggests that, since these sets of characteristics change significantly over time, it may make more sense to view a person at different time points as different ‘selves’, rather than as the same person. Parfit’s defence of paternalism involves arguing that, given this inevitable lack of continuity, causing harm to one’s future self is analogous to harming another person and that intervening to prevent this may be justifiable in accordance with the Harm Principle.2 The issue of personal identity has received considerable attention in the philosophical literature and it remains a vexed question. Parfit’s argument, along with the thought experiments on …. (shrink)

Whether or not to grant ‘amnesty’ has been a contentious policy issue in a wide range of settings, from human rights violations to draft avoidance to library fines. Recently, the idea of amnesty has come to structure many debates over irregular immigration. While amnesty’s meaning is usually treated as self-evident, the term in fact signifies in a variety of normative directions. This article employs amnesty as an optic to examine accountability questions that structure normative debates over irregular immigration in liberal (...) states. It distinguishes among conceptions of amnesty emphasizing forgiveness, erasure and vindication, and argues that developing a vindicatory account of amnesty is both particularly difficult and particularly necessary in the immigration setting. (shrink)

In this paper I present an argument that there can be no more than one God in a way which allows me to give the doctrine ofthe Trinity logical priority over the attributes traditionally used in arguments for God’s unicity. The argument that there is at most one God makes no assumptions about the particular attributes included in divinity. It uses only the Identity of Indiscemibles and a Principle of Plenitude. I then offer a theory on the relationship between individuals (...) and kinds which allows me to offer an interpretation of the Trinity. (shrink)

Over the past twenty years, traditional commitments of policy analysis to empirical inquiry and expert knowledge have shaped the policy "solution" for addressing a public perception of ethical decline. Separation of facts and values, basic assumptions regarding the limits and fallibility of human reason, and confidence in the use of objective techniques to achieve social control have all contributed to a regulatory approach to ethics policy within our organizations. Few have questioned these assumptions. This dissertation argues that policy addressing the (...) ethical conduct of individuals cannot avoid a discussion of values, cannot reject the importance of human reason in resolving ambiguous ethical dilemmas, and cannot legislate ethical behavior by tightening the legal and bureaucratic system of rules and regulations. ;By integrating the perspectives of moral philosophy and policy inquiry, this dissertation presents a theoretical critique of the influence traditional regulatory policy approaches to organizational ethics can have on individuals within these organizations. An examination of diverse goals associated with ethics policy reveals three perspectives common to public administration debates--ethics policy as a vehicle for demonstrating social responsibility, as a tool of social control , and as window dressing to appease the public and to avoid further regulation . Concluding that morally responsible ethics policy requires the use of an interdisciplinary policy approach, a judgment-focused model is recommended to enable and empower individuals to develop a moral self capable of addressing ambiguous ethical dilemmas as they arise. (shrink)

Martha Nussbaum has argued for the superiority of her capabilities approach over the language of human rights. In this article it is argued that the capabilities approach is incapable of justifying something crucially important expressed in international human rights law: the requirement that every government treat all people as having equal status. Nussbaum has recently grappled with the role of equality within her approach, but has failed to offer a satisfactory explanation of its importance. The reason is that the value (...) and importance of equal status cannot be fully articulated in the language of capabilities alone. While most philosophical conceptions of human rights also fail to incorporate the importance of equal respect, the limitations of the capability approach are more serious. For the purposes of specifying the duties of governments, capabilities are not the only things that matter. (shrink)

This essay assesses the debate over “moral reading” and “originalist” approaches to constitutional interpretation, as elaborated in James E. Fleming, Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalism (2015), by evaluating the recent, momentous constitutional controversy in the United Sates of America over access by same-sex couples to civil marriage. Justice Kennedy’s landmark majority opinion in Obergefell v. Hodges (2015), which held that such couples have a fundamental right to marry, employed a “moral reading” in emphasizing evolving (...) understandings of constitutional guarantees of equality, the “promise of liberty” and the institution of marriage. By contrast to the dissenters, the majority rejected a static, narrow reading of the fundamental right to marry —and marriage— and stressed the role “insight” and generational progress. Evolving understanding played a similar role in Goodridge v. Department of Public Health (2013), which provided a template for Kennedy’s rejection of a narrow originalism focused only on historical practices or original intent. Such moral readings of the Constitution have played a significant role in making the Fourteenth Amendment less of (in Justice Ginsburg’s words) an “empty cupboard” for gay men and lesbians, just as they have played a role in making it less empty in the context of sex equality. This essay demonstrates how the contrasting approaches to interpretation in the majority and dissenting opinions in DeBoer v. Snyder (reversed by Obergefell) previewed the interpretive battle between the Obergefell majority and dissents, but with the sides reversed. It then observes that, while some legal scholars offered, in amicus briefs filed in Obergefell, originalist arguments for same-sex marriage, such arguments persuaded neither other originalist scholars nor the Obergefell dissenters. (shrink)

Internationally, the prevalence of clinical ethics support (CES) in health care has increased over the years. Previous research on CES focused primarily on ethics committees and ethics consultation, mostly within the context of hospital care. The purpose of this article is to investigate the prevalence of different kinds of CES in various Dutch health care domains, including hospital care, mental health care, elderly care and care for people with an intellectual disability. A mixed methods design was used including two survey (...) questionnaires, sent to all health care institutions, two focus groups and 17 interviews with managing directors or ethics support staff. The findings demonstrate that the presence of ethics committees is relatively high, especially in hospitals. Moral case deliberation (MCD) is available in about half of all Dutch health care institutions, and in two-thirds of the mental health care institutions. Ethics consultants are not very prominent. A distinction is made between explicit CES forms, in which the ethical dimension of care is structurally and professionally addressed and implicit CES forms, in which ethical issues are handled indirectly and in an organic way. Explicit CES forms often go together with implicit forms of CES. MCD might function as a bridge between the two. We conclude that explicit and implicit CES are both relevant for clinical ethics in health care. We recommend research regarding how to combine them in an appropriate way. (shrink)

While pharmaceutical industry involvement in producing, interpreting, and regulating medical knowledge and practice is widely accepted and believed to promote medical innovation, industry-favouring biases may result in prioritizing corporate profit above public health. Using diabetes as our example, we review successive changes over forty years in screening, diagnosis, and treatment guidelines for type 2 diabetes and prediabetes, which have dramatically expanded the population prescribed diabetes drugs, generating a billion-dollar market. We argue that these guideline recommendations have emerged under pervasive industry (...) influence and persisted, despite weak evidence for their health benefits and indications of serious adverse effects associated with many of the drugs they recommend. We consider pharmaceutical industry conflicts of interest in some of the research and publications supporting these revisions, and in related standard-setting committees and oversight panels. We raise concern over the long-term impact of these multifaceted involvements. Rather than accept industry conflicts of interest as normal, needing only to be monitored and managed, we suggest challenging that normalcy, and ask: what are the real costs of tolerating such industry participation? We urge the development of a broader focus to fully understand and curtail the systemic nature of industry’s influence over medical knowledge and practice. (shrink)

A study of informal networks in Soviet science, this article documents the existence of a complex system of interlocking and overlapping channels ofprofessional communication that cut across the formal, hierarchical chains of command in the USSR Academy of Sciences. Through coauthorship data and career histories, one can identify science schools, research groups, social circles, and professional cliques in the Soviet scientific community during the Stalin, Khrushchev, and Brezhnev regimes. There was an expansion and integration of social circles over time and (...) a pluralism of interdependent, but distinct, scientific elites. This structure took on political significance through the persistence of a liberal democratic tradition among scientists in the Academy. (shrink)

The term “gender” has played a key role in feminist theory and politics since the late 1960s. Debates over its meaning reflect major turning points within the women's movement of the past thirty years.

"The Justice of Mercy is exhilarating reading. Teeming with intelligence and insight, this study immediately establishes itself as the unequaled philosophical and legal exploration of mercy. But Linda Meyer's book reaches beyond mercy to offer reconceptualizations of justice and punishment themselves. Meyer's ambition is to rethink the failed retributivist paradigm of criminal justice and to replace it with an ideal of merciful punishment grounded in a Heideggerian insight into the gift of being-with-others. The readings of criminal law, Heideggerian and (...) Levinasian philosophy, and literature are powerful and provocative. The Justice of Mercy is a radical and rigorous exploration of both punishment and mercy as profoundly human activities." ---Roger Berkowitz, Director of the Hannah Arendt Center for Ethical and Political Thinking, Bard College "This book addresses a question both ancient and urgently timely: how to reconcile the law's call to justice with the heart's call to mercy? Linda Ross Meyer's answer is both philosophical and pragmatic, taking us from the conceptual roots of the supposed conflict between justice and mercy to concrete examples in both fiction and contemporary criminal law. Energetic, eloquent, and moving, this book's defense of mercy will resonate with philosophers, legal scholars, lawyers, and policymakers engaged with criminal justice, and anyone concerned about our current harshly punitive legal system." ---Carol Steiker, Harvard Law School "Far from being a utopian, soft and ineffectual concept, Meyer shows that mercy already operates within the law in ways that we usually do not recognize.... Meyer's piercing insights and careful analysis bring the reader to think of law, justice, and mercy itself in a new and far more profound light." ---James Martel, San Francisco State University How can granting mercy be just if it gives a criminal less punishment than he "deserves" and treats his case differently from others like it? This ancient question has become central to debates over truth and reconciliation commissions, alternative dispute resolution, and other new forms of restorative justice. The traditional response has been to marginalize mercy and to cast doubt on its ability to coexist with forms of legal justice. Flipping the relationship between justice and mercy, Linda Ross Meyer argues that our rule-bound and harsh system of punishment is deeply flawed and that mercy should be, not the crazy woman in the attic of the law, but the lady of the house. This book articulates a theory of punishment with mercy and illustrates the implications of that theory with legal examples drawn from criminal law doctrine, pardons, mercy in military justice, and fictional narratives of punishment and mercy. Linda Ross Meyer is Carmen Tortora Professor of Law at Quinnipiac University School of Law; President of the Association for the Study of Law, Culture and the Humanities; and Associate Editor of Journal of Law, Culture and the Humanities. Jacket illustration: "Lotus" by Anthony James. (shrink)

Over a 3-day weekend in the spring of 2004 a group of scientists interested in extending understanding of place as applied in recreation research and management convened a working session in Portland, Oregon. The purpose of the gathering was to clarify their understanding of place-related concepts, approaches to the study of people-place relations, and the application of that understanding in recreation management for the purpose of integrating perspectives from different disciplines, discussing approaches to understanding and measuring sense of place, and (...) other questions around the study and application of place-related concepts. Topics that generated the most discussion included how social processes influence place meanings, how place meanings are shared and negoitated within social groups, and when and how place meanings and attachments focus, reduce, or avert conflict in natural resource planning and management. This collection of papers is a result of that meeting. (shrink)

This volume collects many of the major essays of feminist theory of the past forty years. The essays included here are those which have made key contributions to feminist theory during this period and which have generated extensive discussion. The volume organizes these essays historically, so as to provide a sense of the major turning points in feminist theory. Beginning with those essays which have provoked widespread discussion in the early days of the second wave, the volume then presents essays (...) which have been central to major discussions since that time. The essays present the complex relationship between feminism and Marxism, the second wave's "gynocentric turn," the theoretical elaboration of differences among women, and the essentialist debate, as these have occupied the attention of feminist theorists. Through this collection, the reader is able to gain a sense of the diverse directions feminist theory has taken over the past forty years, where feminist theory stands at the moment, and the questions which are just now beginning to emerge. (shrink)

According to standard philosophical analyses, only victims can forgive. There are good reasons to reject this view. After all, people who are neither direct nor indirect victims of a wrong frequently feel moral anger over injustice. The choice to foreswear or overcome such moral anger is subject to most of the same sorts of considerations as victims’ choices to forgive. Furthermore, bystanders’ reactions to their experiences of moral anger often reflect either virtues or vices that are of a piece with (...) what we normally describe as a forgiving or unforgiving disposition. In this paper, I reject the view that only victims can forgive by comparing the experience and regulation of moral anger by victims and bystanders. The virtues of victims and bystanders with regard to moral anger are so similar that there is no good reason to apply different labels. However, the recognition of forgiveness in bystanders offers us more than simple consistency. It also leads us to think about the role moral bystanders play in the maintenance of the moral community, as well as the ways in which this role can be abused or overstepped. (shrink)

In this paper I give a theological foundation to a radical type of virtue ethics I call motivation-based. In motivation-based virtue theory all moral concepts are derivative from the concept of a good motive, the most basic component of a virtue, where what I mean by a motive is an emotion that initiates and directs action towards an end. Here I give a foundation to motivation-based virtue theory by making the motivations of one person in particular the ultimate foundation of (...) all moral value, and that person is God. The theory is structurally parallel to Divine Command Theory, but has a number of advantages over DC theory without the well-known problems. In particular, DM theory does not face a dilemma parallel to the famous Euthyphro problem, nor does it have any difficulty answering the question whether God could make cruelty morally right. Unlike DC theory, it explains the importance of Christology in Christian ethics, and it has the advantage of providing a unitary account of all evaluative properties, divine and human. I call the theory Divine Motivation Theory. (shrink)

What purpose is served by renovation or redesign of professionalism, and how successful a process is it likely to be? This article addresses these questions by examining the effectiveness as a professional development mechanism of the imposition of changes to policy and/or practice that require modification or renovation of professionalism. The 'new' professionalisms purported to have been fashioned over the last two or three decades across the spectrum of UK education sectors and contexts have been the subject of extensive analysis, (...) and this article avoids going over old ground and revisiting issues that have already been much debated. Nevertheless, the example of UK government education policy during this period is used as a basis for considering the pitfalls associated with mechanisms for modifying professionalism through a reform and standards agenda. The article's analysis incorporates redefinition and examination of the concept and substance of professionalism and offers new perspectives in the form of three distinct conceptions: demanded, prescribed and enacted professionalism. Exploring the existentialist status of 'new' or 'modified' professionalisms and the relationship between professionality, professional culture and professionalism, it examines how professionalism may be interpreted and utilised for the development of education professionals. (shrink)

The Frankish Emperor Louis, only surviving son of Charlemagne, always made it clear that he understood his rule over the Franks as derived directly from God. In 833, however, Louis had to face the second rebellion within three years, and this time, while preparing battle against his three sons, he was deserted by his army on the so-called Field of Lies near Colmar in Alsace and thus was informally deposed. Among those who played an active part in the events in (...) Colmar and later in Compiègne, where Louis was forced to accede to a public penance, was Archbishop Agobard of Lyon. His ‘Libri apologetici’, written in the summer and autumn of 833, bear powerful witness to the difficulties that contemporaries experienced when trying to legitimate the rebellion against a ruler believed to be installed by God. (shrink)

Almost all religions contain a code of morality, and in spite of the factthat there are moral codes and philosophies that do not rely upon anyreligion, it has been traditionally argued that there are at least threeimportant ways in which morality needs religion: the goal of the morallife is unreachable without religious practice, religion is necessary toprovide moral motivation, and religion provides morality with itsfoundation and justification. These three ways in which morality may needreligion are independent, but I argue that (...) there are conceptual connectionsamong the standard arguments for them. I identify reasons for resistance tothe idea that morality needs religion and then turn to arguments for each ofthe three ways in which morality may need religion. All three are related toclassic forms of the moral argument for the existence of God. I conclude bycomparing classic Divine Command Theory with my Divine Motivation Theory andargue that the latter has advantages over the former in the way it providesa theological foundation for ethics. (shrink)

Intimacy contributes to our well-being and extends into older age, despite cognitive or physical impairment. However, the ability to enjoy intimacy and express sexuality is often compromised—or even controlled—when one moves into residential aged care. The aim of this study was to identify what factors influence senior residential aged care staff when they make decisions regarding resident intimate relationships and sexual expression. The study used vignette methodology and a postal survey to explore reactions to a fictionalised case study of a (...) couple—Norm and Carol—who develop a close, mutually satisfying relationship. Staff were first asked whether they would intervene in the relationship. Using an innovative approach, several variations to the case study were then presented to explore whether views about intervening changed according to varying contextual factors. Findings indicated that over 90% of respondents initially agreed that the relationship should continue, and only 10% indicated they would intervene. However, when the case study was varied, respondents indicated they were more likely to intervene, particularly if Norm was exhibiting distress in Carol’s presence (89%), but also if Norm was married and his wife was living in the community (40%). Other factors including level of cognitive impairment and family disapproval were also found to influence staff views. This study provides insight into how residential aged care staff make decisions regarding the intimacy and sexuality of older people living in residential aged care and how personal views and values likely guide practice in the absence of formal policies. (shrink)

Though in existence for over thirty-five years, due to the increasing panoply of possible tests. Newborn screening programs are drawing public attention. Many jurisdictions have mandatory newborn screening programs for treatable disorders. Disorders are detected through tests on blood spots drawn from a newborn’s heel soon after birth and verified through a diagnostic test with follow-up. Unbeknownst to most parents, these blood spot cards are also stored thereafter. Indeed, while dried blood spots are primarily used for screening for health problems, (...) experience demonstrates that they can be made useful in various contexts unrelated to screening.Newborn dried blood spots have taken on a new life as a result of developments in genetics and the increasing ability of bioinformatics to link DNA information with clinical data. Additionally, storage and secondary uses have been documented to occur without parental consent. (shrink)

Beginning in his PhD program, and over a period of years in the 1960s, Richard Paul thoughtfully examined and deliberately critiqued existing theories of logic and reasoning. He took what was a very narrow conception of reasoning and broadened it to more accurately represent human thinking when people reason. He captured the idea of universal intellectual standards by exploring standards typically used by skilled reasoners, and assembled these standards into a constellation of ideas that is easily understandable. Following the tradition (...) of Socrates, Paul continually emphasized the importance of developing conceptual understandings based in foundational ideas and principles of analysis, and tested through life experience. His work laid the groundwork for what may be termed first principles in critical thinking and for a legitimate field of critical thinking studies. (shrink)

This anthology provides the definitive theoretical sources of contemporary thinking about identity, including explorations of race, class, gender, and nationality. Explores the long and rich tradition of philosophical analysis and debate over the genesis, contours, and political effects of identity categories. Provides the definitive theoretical sources and contemporary debates by leading theorists such as selections from Hegel, Marx, Freud, DuBois, Beauvoir, Lukács, Fanon, Hall, Guha, Hobsbawm, Wittig, Butler, Halperin, R. Robertson, Said, and LaClau. Combines general and specific analyses of particular (...) identity categories: race/ethnicity, gender/sexuality, class, nationality. Allows for a comparative study of identities through multiple theoretical frameworks. (shrink)