In this paper the current legislative landscape and the challenges researchers face in obtaining informed consent in acute situations are explored. In such situations, some current guidelines can be difficult or impossible to apply. Capacity should be formally assessed before consent is sought to ensure that vulnerable persons are neither inappropriately recruited to a study nor denied the opportunity to participate. However, there is little guidance in current legislation as to how this should be achieved. When the patient is considered (...) to be unable to provide prospective informed consent, other forms are sometimes permissible, although all have specific drawbacks. First, it is argued that a brief instrument, suitable for the acute situation, is needed to determine whether patients have the capacity to consent to clinical trials. Secondly, it is argued that there are areas of the informed consent process that require review, and ways that improvements could be made are suggested. (shrink)

In emergency research, obtaining informed consent can be problematic. Research to develop and improve treatments for patients admitted to hospital with life-threatening and debilitating conditions is much needed yet the issue of research without consent (RWC) raises concerns about unethical practices and the loss of individual autonomy. Consistent with the policy and practice turn towards greater patient and public involvement in health care decisions, in the US, Canada and EU, guidelines and legislation implemented to protect patients and facilitate acute research (...) with adults who are unable to give consent have been developed with little involvement of the lay public. This paper reviews research examining public opinion regarding RWC for research in emergency situations, and whether the rules and regulations permitting research of this kind are in accordance with the views of those who ultimately may be the most affected. (shrink)

Monotheistic conceptions of an afterlife raise a philosophical question: In virtue of what is a postmortem person the same person who lived and died? Four standard answers are surveyed and criticized: sameness of soul, sameness of body or brain, sameness of soul-body composite, sameness of memories. The discussion of these answers to the question of personal identity is followed by a development of my own view, the Constitution View. According to the Constitution View, you are a person in virtue of (...) having a first-person perspective, and a postmortem person is you if and only if that person has the same first-person perspective. The Christian doctrine of resurrection has three features: a postmortem person is embodied; a postmortem person is identical to some premortem person; and the postmortem person owes existence to a miracle. I show how the Constitution View accommodates these three features. (shrink)

J. S. Mill's role in the Indian education controversy is well known, but scarcely well understood. That he drafted, in 1836, a despatch sharply critical of Macaulay's infamous Minute on Indian Education, is general knowledge now. That in drafting the despatch Mill drew upon the ideas of H. H. Wilson, a noted Orientalist and sharp critic of Macaulay and the Anglicists, has been adequately demonstrated. That the despatch was never sent to India, because of the objections of the President of (...) the Board of Trade, John Hobhouse, a Whig with some utilitarian connections, has been common knowledge for several decades. (shrink)

Joanna Crosby and Dianna Taylor: The theme of this special section of Foucault Studies, “Foucauldian Spaces,” emerged out of the 2016 meeting of the Foucault Circle, where the four of you were participants. Each of the three individual papers contained in the special section critically deploys and/or reconceptualizes an aspect of Foucault’s work that engages and offers particular insight into the construction, experience, and utilization of space. We’d like to ask the four of you to reflect on what makes a (...) space Foucauldian, and whether or not (and why or why not) you’d consider the space created by the convergence of and intellectual exchanges among an international group of Foucault scholars at the University of New South Wales in the summer of 2016 to be Foucauldian. (shrink)

Eric Olson won the hearts of my graduate students by dedicating his book “to the unemployed philosophers.” (The students subsequently got fine jobs, but it’s the thought (or rather the sympathy) that counts.) As appreciated as the dedication was, however, I doubt that it was responsible for the wonderful reception that Olson’s book, The Human Animal, has had. Rather, the cleverness of his arguments, the vigor with which Olson writes, and the new interpretations of old thought experiments and arguments have (...) deservedly captured a great deal of philosophical attention in the past ten years. Despite the fact that I hold significantly different views from Olson’s, I am happy to be here today to help celebrate the tenth anniversary of his important book. (shrink)

What is a human person, and what is the relation between a person and his or her body? In her third book on the philosophy of mind, Lynne Rudder Baker investigates what she terms the person/body problem and offers a detailed account of the relation between human persons and their bodies. Baker's argument is based on the 'Constitution View' of persons and bodies, which aims to show what distinguishes persons from all other beings and to show how we can (...) be fully material beings without being identical to our bodies. The Constitution View yields answers to the questions 'What am I most fundamentally?', 'What is a person?', and 'What is the relation between human persons and their bodies'? Baker argues that the complex mental property of first-person perspective enables one to conceive of one's body and mental states as one's own. (shrink)

An imperfect “politics of justice” seems to be inevitable in the aftermath of genocide. In Rwanda, this is especially true, given the scale of the atrocities, the breadth of participation, and the need to build a justice system from scratch while establishing security and restoring the rule of law. Official contexts for survivor testimony and corresponding perpetrator punishment are crucial for establishing shared norms and narratives, but these processes can destabilize social relations in important ways. Accordingly, without development, these justice (...) mechanisms can undermine social stability and emerging cohesion. The converse is also true: without official contexts of testimony and judgment, development is only material support, and has no recognitive force. Learning from Rwanda’s post-’94 transitional justice, broadly construed, I argue that without development, platforms for testimony and the meting out of punishment yield insufficient recognition and so undermine social stability and emerging cohesion. The converse is also true: without official contexts of testimony and judgment, development is only material support, and lacks crucial recognitive force. The crucial interdependence of development, which provides distributive justice, with criminal proceedings, which offer retributive and restorative justice, has the potential to secure a lasting and stable peace. (shrink)

We human persons have an abiding interest in understanding what kind of beings we are. However, it is not obvious how to attain such an understanding. Traditional analytic metaphysicians start with a priori accounts of the most general, abstract features of the world— e.g., accounts of properties and particulars—features that, they claim, in no way depend upon us or our activity.1 Such accounts are formulated in abstraction from what is already known about persons and other things, and are used as (...) constraints on metaphysical investigation of everything else. So, if we accept traditional metaphysics, we should be prepared to yield to abstruse pronouncements—either by giving up our most secure beliefs about the world that we encounter or by abandoning our conception of what those beliefs are really about. (shrink)

Drawing on my recent work using inferential role semantics and elements of speech act theory to analyze the role of derogatory terms (a.k.a. ‘hate speech’, or ‘slurs’) in the 1994 genocide of the Tutsi in Rwanda, as well as the role of certain kinds of reparative speech acts in post-genocide Rwanda, this paper highlights key pragmatist commitments that inform the methods and goals of this practical analysis of real world events. In “Genocidal Language Games”, I used conceptual tools from Wittgenstein, (...) Sellars, Lewis, and Brandom, with a nod to Searle’s concept of status-functions, to develop an analysis that helps to make sense of the view that a steady, deep, and widespread derogation of a group can at least partially constitute genocide, not only be an antecedent to it. In this paper, I sketch some of the tools and lessons of this project, with an eye to highlighting their pragmatist roots and the directions to which such real-world investigations lead. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:ImagesLynn Hershman Leeson’s first feature film, Conceiving Ada, was shown at the 1998 Sundance Film Festival, The Toronto International Film Festival, The Berlin International Film Festival and thirty-five other festivals worldwide. It also received the award of “Outstanding Achievement in Drama” from the Festival of Electronic Cinema. Conceiving Ada was released by Fox Lorber in February 1999 and on DVD in February 2000.She was awarded the 2003 Alfred P. (...) Sloan Award for writing and directing Teknolust, starring Tilda Swinton and Jeremy Davies, which premiered in the American Showcase of the 2002 Sundance Film Festival. In fall 2005 the University of California Press published the monograph Secret Agents Private I, The Art and Films of Lynn Hershman Leeson. Her touring retrospective is organized by the Henry Gallery in Seattle.Hershman Leeson is a Professor Emeritus at the University of California, Davis, and an A.D. White Professor at Large at Cornell University. Click for larger view View full resolutionFigure 1. Lynn Hershman Leeson, Conceiving Ada, 1997, Film still, Photo courtesy of Lynn Hershman Leeson and bitforms gallery, New York (page 2) Click for larger view View full resolutionFigure 2. Lynn Hershman Leeson, Conceiving Ada, 1997, Film still, Photo courtesy of Lynn Hershman Leeson and bitforms gallery, New York (page 13) Click for larger view View full resolutionFigure 3. Lynn Hershman Leeson, Conceiving Ada, 1997, Film still, Photo courtesy of Lynn Hershman Leeson and bitforms gallery, New York (page 24) Click for larger view View full resolutionFigure 4. Lynn Hershman Leeson, Conceiving Ada, 1997, Film still, Photo courtesy of Lynn Hershman Leeson and bitforms gallery, New York (page 37) Click for larger view View full resolutionFigure 5. Lynn Hershman Leeson, Conceiving Ada, 1997, Film still, Photo courtesy of Lynn Hershman Leeson and bitforms gallery, New York (page 47) Click for larger view View full resolutionFigure 6. Lynn Hershman Leeson, Conceiving Ada, 1997, Film still, Photo courtesy of Lynn Hershman Leeson and bitforms gallery, New York (page 58) Click for larger view View full resolutionFigure 7. Lynn Hershman Leeson, Conceiving Ada, 1997, Film still, Photo courtesy of Lynn Hershman Leeson and bitforms gallery, New York (page 81) Click for larger view View full resolutionFigure 8. Lynn Hershman Leeson, Conceiving Ada, 1997, Film still, Photo courtesy of Lynn Hershman Leeson and bitforms gallery, New York (page 91) Click for larger view View full resolutionFigure 9. Lynn Hershman Leeson, Conceiving Ada, 1997, Film still, Photo courtesy of Lynn Hershman Leeson and bitforms gallery, New York (page 103)Copyright © 2006 The Johns Hopkins University Press... (shrink)

Are dual relationships always detrimental? Speaking the Unspeakable provides an in-depth exploration of client-practitioner dual relationships, offering critical discussion and sustained narrative on thinking about and being in dual relationships. Lynne Gabriel draws on the experiences of both practitioners and clients to provide a clear summary of the complex and multidimensional nature of dual relationships. The beneficial as well as detrimental potential of such relationships is discussed and illustrated with personal accounts. Subjects covered include: · Roles and boundaries in (...) dual and multiple role relationships · Client experiences and perceptions of being in dual and multiple role relationships · Developing a relational ethic for complex relationships This book offers an insightful and challenging portrayal of dual relationships that will be welcomed by therapists, trainers, trainees and supervisors. (shrink)

Understanding evil requires both addressing the grave wrongs done to the victim and addressing the perpetrator who does these wrongs. Claudia Card's concept of social vitality was developed to explain what génocidaires destroy in their victims. This essay brings that concept into conversation with perpetrator testimony, arguing that the génocidaires’ desire for their own social vitality, achieved through their destruction of the social world of their targets, in fact boomerangs to corrode the vitality of their own lives. This is true (...) whether they succeed or fail in their genocidal project. Card's recent analysis of “being a badass” is brought to bear on the cultivation of evil, and the essay suggests four strategies for meeting Card's “moral challenge of avoiding evil responses to evil.”. (shrink)

This essay explores Foucault’s conception of the historical a priori through the lens of an archival ethics of eros. Highlighting the paradoxical nature of the historical a priori as both constitutive and contingent, it harnesses the temporal dynamism of experiences of the untimely as erotic. Drawing on the work of Anne Carson, the essay brings out the strangeness of eros as an ancient Greek word that remains unintelligible to us. That strangeness signals an ethics of dissonant attunement to the untimeliness (...) of the historical a priori. Such an ethics of eros names those experiences of connection and rupture that both bind and unbind us in relation to a biopolitical present that is radically unstable. Reading eros as strange thus ultimately allows us to find resources for an ethics of self-transformation in Foucault’s reflections on the temporal instability that the historical a priori names. (shrink)

Definitions of the concept of mild cognitive impairment (MCI) and suggested therapies are controversial. There are no widely acknowledged therapies and the ethical implications and methodologic issues around identifying and defining people with MCI are important concerns. The psychosocial implications for the person being labeled as having MCI have not been widely explored. This paper addresses these issues and presents data from two contrasting case studies. Key analytical themes identified in the qualitative analysis include different views about the causes of (...) dementia ("normal aging" versus disease); fear and anxiety about dementia; how such factors influence presentation to health professionals; and the effect of a label of cognitive impairment on quality of life. Our conclusion is that the usefulness and justification for early identification of cognitive impairment in a situation that has not yet been recognized by those involved should be questioned. (shrink)

Scholars have proposed a number of courses and programs intended to improve the ethical behavior of scientists in an attempt to maintain the integrity of the scientific enterprise. In the present study, we conducted a quantitative meta-analysis based on 26 previous ethics program evaluation efforts, and the results showed that the overall effectiveness of ethics instruction was modest. The effects of ethics instruction, however, were related to a number of instructional program factors, such as course content and delivery methods, in (...) addition to factors of the evaluation study itself, such as the field of investigator and criterion measure utilized. An examination of the characteristics contributing to the relative effectiveness of instructional programs revealed that more successful programs were conducted as seminars separate from the standard curricula rather than being embedded in existing courses. Furthermore, more successful programs were case based and interactive, and they allowed participants to learn and practice the application of real-world ethical decision-making skills. The implications of these findings for future course development and evaluation are discussed. (shrink)

Ex-gay ministries, like many evangelical groups, advocate traditional gender ideologies. But their discourses and practices generate masculine ideals that are quite distinct from hegemonic ones. I argue that rather than simply reproducing hegemonic masculinity, ex-gay ministries attempt to realize godly masculinity, an ideal that differs significantly from hegemonic masculinity and is explicitly critical of it. I discuss three aspects of the godly masculine ideal—de-emphasizing heterosexual conquest, inclusive masculinity, and homo-intimacy—that work to subvert hegemonic masculinity and allow ministry members to critique (...) it while still advocating for innate gender distinction and hierarchy. I conclude by arguing that gender theorists need to be more precise in distinguishing conservative religious masculinities from hegemonic ones. (shrink)

In Poetics of Deconstruction, Lynn Turner develops an intimate attention to independent films, art, and the psychoanalyses by which they might make sense other than under continued license of the subject that calls himself man. Drawing extensively from Jacques Derrida's philosophy in precise dialogue with feminist thought, animal studies and posthumanism (Hélène Cixous, Luce Irigaray, Donna Haraway, Cary Wolfe) this book explores the vulnerability of the living as rooted in non-oppositional differences. From abjection to mourning, to the speculative and the (...) performative, it reposes concepts and buzzwords seemingly at home in feminist theory, visual culture and the humanities more broadly. Stepping away from the carno-phallogocentric legacies of the signifier and the dialectic, Poetics of Deconstruction asks you to welcome nonpower into politics, always sexual but no longer anchored in sacrifice. (shrink)

Dealing with situations where parents’ views about treatment for their child are strongly opposed to doctors’ views is one major area of ethical challenge in paediatric health care. The traditional approach focuses on the child’s best interests, but this is problematic for a number of reasons. The Harm Principle test is regarded by many ethicists as more appropriate than the best interests test. Despite this, use of the best interests test for intervening in parental decisions is still very common in (...) clinical settings and can lead to confusion. In this paper, I propose the Zone of Parental Discretion as a means of putting into practice the key ideas of the Harm Principle, in a clear, step-by-step process. The Zone of Parental Discretion provides a tool for ethical deliberation by clinicians and ethicists about all situations in which parents and doctors disagree about treatment of a child, whether parents are refusing medically recommended treatment, or requesting non-recommended treatment. (shrink)

This chapter contains sections titled: * Two Versions of the Extended-Mind Thesis * Extended Systems and Christianity * Extended Cognition and Christianity * The Upshot * Conclusion * References * Further Reading.

1. Suppose that John and Jane are junior colleagues in an academic department of a university. John, who thinks of Jane as his competitor, has seen her flirt with the head of the department. He tells his other colleagues that Jane is trying to gain an unfair advantage over him. He comes to dislike Jane, and often in conversation with people outside the department, he enjoys saying bad things about Jane.

Leibniz has enjoyed a prominent place in the history of thought about possible worlds.' I shall argue that on the feading interpretation of Leibniz's account of contingency — an ingenious interpretation with ample textual support — possible worlds may be invoked by Leibniz only on pain of inconsistency. Leibnizian contingency, as reconstructed in detail by Robert C. Sleigh, Jr.,z will be shown to preclude propositions with different truth-values in different possible worlds.