The recent Minnesota case of In re Emergency Guardianship of Albert Barnes illustrates an emerging class of cases where a dispute between a family proxy and a hospital over “medical futility” requires legal resolution. The case was further complicated by the patient’s spouse who fraudulently claimed to be the patient’s designated health care proxy and who misrepresented the patient’s previously expressed treatment preferences. Barnes demonstrates the degree of significant administrative and institutional support to the health care team, ethics consultants, and (...) futility committees that is required when a futility dispute escalates to the need for judicial resolution. An institutional futility policy, especially one that is endorsed by other regional medical centers and organizations, is an important foundation for a hospital that seeks judicial support in a dispute over medical futility in end of life care. (shrink)

Miles brings Plotinus' thought alive for the twenty-first century by relating it to present day concerns.

Beyond the Centaur questions the accuracy and usefulness of the virtually unquestioned ancient consensus that persons are composed of unequally valued, hierarchically stacked antagonistic components, usually soul or mind and body. Part I explores the gradual historical development of this notion of person. Part II consists of a thought experiment, examining an understanding of persons, not as stacked components, but as intelligent bodies -- one entity. It explores how a new understanding of persons can affect in important and fruitful ways (...) how we live: how we move, feel, think, believe, and die. (shrink)

In his last years, St. Augustine became impatient with the doctrinal questions and requests for advice on practical matters of ecclesiastical discipline frequently referred to in correspondence of his last decade. Scholars have often attributed his uncharacteristic reluctance to address these matters to the diminishing competence and energy of old age. This article demonstrates that his evident unwillingness to respond at length to such queries relates rather to his desire to sequester increased time for meditation. Throughout his Christian life, he (...) described and refined his practice of meditation; it gathered urgent importance as he neared death. Augustine’s lifelong search for “God and the soul,” articulated in his first writings, evolved through his meditation, changing from an intellectual effort to achieve a vision of God by the use of reason to a search for the truth of his own life. In meditation he sought to recall in detail God’s loving leading within the chaos and pain of his youthful desires and throughout his life. I explore his understanding of “God is love” from his earliest (extant) treatise, De beata uita (386 CE), his Easter sermons on First John (415 CE), to his Enchiridion (421 CE) as the core of his developing understanding of God’s activity in himself. (shrink)

St. Augustine’s commitment to the doctrine of predestination did not change from the early days of his ministry in the mid-390s to his last writings and sermons, shortly before his death in 430 CE. Two genres of Augustine’s late communications address his teachings on predestination: First, his treatises, including De praedestinatione sanctorum and De dono perseuerantiae (CE 427–428); second—and of greater interest for this article—his often-overlooked mature and late sermons. Although treatises and sermons were contemporaneous, Augustine’s purposes differ in each. (...) Against arguments that “the beginning of faith is of ourselves,” in treatises, Augustine relied heavily on scriptural proof-texts to support his contention that God both foreknew and foreordained individuals’ eternal destiny. The first intent of his sermons, however, was not to present scriptural authority for the doctrine, but to encourage his listeners’ belief by helping them discern God’s activity within themselves. Certainly, his congregation was attracted by the hope of eternal life and by the fear of eternal punishment, yet their present affections and actions also mattered in substantial ways that Augustine’s doctrinal writings do not fully describe. We must look to his sermons, that is, to his (in-person) conversations with fellow members of Christ’s body, if we are to recognize his attentiveness to the urgency of the present. (shrink)

In St. Augustine’s society, men’s tears were not considered a sign of weakness, but an expression of strong feeling. Tears might be occasional, prompted by incidents such as those Augustine described in the first books of his Confessiones. Or they might accompany a deep crisis, such as his experience of conversion. Possidius, Augustine’s contemporary biographer, reported that on his deathbed Augustine wept copiously and continuously. This essay endeavors to understand those tears, finding, primarily but not exclusively in Augustine’s later writings, (...) descriptions of his practice of meditation suggesting that a profound and complex range of emotions from fear and repentance to gratitude, love, rest in beauty, and delight in praise richly informed Augustine’s last tears. (shrink)

St. Augustine, pictured by Western painters holding in his hand his heart blazing with passionate love, consistently and repeatedly insisted―from his earliest writings until close to his death―that the essential characteristic of God is “God is love” (1 John 4:16). Yet he also insisted on the doctrines of original sin and everlasting punishment for the massa damnata. This article will not explore the rationale or semantics of his arguments, nor the detail and nuance of the doctrines of predestination and perseverance. (...) Rather, I seek to understand, from Augustine’s last writings, how he reconciled his strong conviction that God is love with doctrines requiring belief in a God who determined the fate of individuals to eternal reward or punishment “before the foundation of the world” (Eph. 1:4), a God indifferent to individuals’ actions, struggles, or longings. My primary interest is not on Augustine’s ability to render these two apparently opposing ideas of God intellectually compatible, but rather on his feeling, gathered from his last sermons, as he approached death. In brief, how could Augustine love the God in whom he believed? (shrink)

The perennial human need to ground the self in something greater than itself takes many forms. This article explores several values that are often considered worth dying for, from one’s country or religion, to—among the many that are often advocated in contemporary Western societies—one’s sexuality. Given the recent level of interest in Augustine’s early sexuality, I argue that, for Augustine, sex, when compulsively pursued, was a failed value. His experience revealed to him that the ultimate object with which the self (...) can be identified is God: “You [God] have made us for yourself, and our hearts are restless until they rest in you”. Augustine’s Confessiones narrate the long process by which his lust problem was transmogrified into the love project: “My weight is my love; by it I am carried wherever I am carried”. (shrink)

In the United Kingdom, the debate about how best to meet the shortfall of organs for transplantation has persisted on and off for many years. It is often presumed that the answer is simply to alter the law to a system of presumed consent. Acting perhaps on that presumption in his annual report launched in July, the Chief Medical Officer, Sir Liam Donaldson, advocated a system of organ donation based on presumed consent, the so-called “opt-out” system.1 He is calling for (...) a change in the law in England and Wales whereby consent to organ donation is presumed, making a person’s organs automatically available for transplantation after death, unless they registered objections to this while alive. Subsequently, the British Medical Association lent its support to the introduction of such a system.2 The BMA contends that “the practice of presumed consent legislation has had a significant effect on the number of cadaveric donors per million population.”2It is often taken for granted that there must be a correlation between the enactment of legislation on presumed consent and an increase in organ donation and procurement. However, the correlation is not as straightforward as it might seem. It may be that other practical measures to encourage organ donation could be implemented without changing the Human Tissue Act 2004, an Act which has been in force for barely a year.An analysis by Abadie and Gay demonstrated that “presumed consent legislation has a positive and sizeable effect on organ donation rates”,3 but they themselves admitted that the correlation between rates of donation and presumed consent legislation is “not completely unequivocal”.3 It is true that among the most successful cases in procurement rates are countries with presumed consent legislation . However, since some of the …. (shrink)

Though much progress has been made on inclusion of non-pregnant women in research, thoughtful discussion about including pregnant women has lagged behind. We outline resulting knowledge gaps and their costs and then highlight four reasons why ethically we are obliged to confront the challenges of including pregnant women in clinical research. These are: the need for effective treatment for women during pregnancy, fetal safety, harm from the reticence to prescribe potentially beneficial medication, and the broader issues of justice and access (...) to benefits of research participation. Going forward requires shifting the burden of justification from inclusion to exclusion and developing an adequate ethical framework that specifies suitable justifications for excluding pregnant women from research. (shrink)

In this book philosophers, scholars of religion, and activists address the theme of responsibility. Barbara Darling-Smith brings together an enlightening collection of essays that analyze the ethics of responsibility, its relational nature, and its global struggle.

U.S. researchers and scholars often point to two legal factors as significant obstacles to the inclusion of pregnant women in clinical research: the Department of Health and Human Services’ regulatory limitations specific to pregnant women's research participation and the fear of liability for potential harm to children born following a pregnant woman's research participation. This article offers a more nuanced view of the potential legal complexities that can impede research with pregnant women than has previously been reflected in the literature. (...) It reveals new insights into the role of legal professionals throughout the research pathway, from product conception to market, and it highlights a variety of legal factors influencing decision-making that may slow or halt research involving pregnant women. Our conclusion is that closing the evidence gap created by the underrepresentation and exclusion of pregnant women in research will require targeted attention to the role of legal professionals and the legal factors that influence their decisions. (shrink)

Preface, by Margaret Mead -- Introduction, by Margaret Mead -- The Arapesh of New Guinea, by Margaret Mead -- The Eskimo of Greenland, by Jeannette Mirsky -- The Ojibwa of Canada, by Ruth Landes -- The Bachiga of East Africa, by May M. Edel -- The Ifugao of the Philippine Islands, by I. Goldman -- The Kwakiutl of Vancouver Island, by I. Goldman -- The Manus of the Admiralty Islands, by Margaret Mead -- The Iroquois, (...) by B. Quain -- The Samoans, by Margaret Mead -- The Zuni of New Mexico, by I. Goldman -- The Bathonga of South Africa, by I. Goldman -- The Dakota, by Jeannette Mirsky -- The Maori of New Zealand, by B. Mishkin -- Interpretative statement, by Margaret Mead. (shrink)

Stewart Duncan’s excellent book Materialism from Hobbes to Locke offers an insightful study of the debates concerning materialism during the seventeenth century. When we hear the expression ‘materialism’, we often associate with it the question of whether the human mind is an entirely material entity. Although the question of whether the human mind is material plays an important role throughout the seventeenth-century debates examined in this book, Duncan offers a broader understanding of materialism that is not restricted to the human (...) mind. According to Duncan, materialism is ‘a view about some object or a group of objects. Often that object is the human mind’ (2), but materialism can also concern other objects such as animal minds or God. This leads Duncan to introduce materialism as ‘the view that the thing in question is wholly material, and has no immaterial part’ (2). He deliberately leaves open what it means to be material, because different philosophers featured in his book disagree about this question. (shrink)

Ruth Boeker’s Locke on Persons and Personal Identity is a tightly argued and illuminating account, containing much to ponder. The presence of both terms, ‘persons’ and ‘personal identity’, in the t...

On August 28, 2008, Michael Marmot, Chair of the Commission on Social Determinants of Health, formally handed over the Commission’s Final Report to Margaret Chan, the Director-General of the World Health Organization, at the Palais des Nations in Geneva. It was a significant moment. Dr. Chan addressed a hall packed with representatives of the world’s communications media in a speech that was remarkably direct. Dr. Chan reiterated the Commission’s position that to improve health and health equity action needs to (...) be taken not just across the health sector but across all social and economic policy areas, and stated, “Social deprivation is not a matter of fate. It is a marker of policy failure.” This was a bold statement from one of the world’s leading diplomats. Policy failure! The phrase echoes the Commission’s assertion that “a toxic combination of poor social policies, unfair economic arrangements and bad politics is killing people on a grand scale.” The Commission’s messages are far reaching. (shrink)

This long-standing series provides the guild of religion scholars a venue for publishing aimed primarily at colleagues. It includes scholarly monographs, revised dissertations, Festschriften, conference papers, and translations of ancient and medieval documents. Works cover the sub-disciplines of biblical studies, history of Christianity, history of religion, theology, and ethics. Festschriften for Karl Barth, Donald W. Dayton, James Luther Mays, Margaret R. Miles, and Walter Wink are among the seventy-five volumes that have been published. Contributors include: C. K. Barrett, (...) Francois Bovon, Paul S. Chung, Marie-Helene Davies, Frederick Herzog, Ben F. Meyer, Pamela Ann Moeller, Rudolf Pesch, D. Z. Phillips, Rudolf Schnackenburgm Eduard Schweizer, John Vissers. (shrink)

Methodological and philosophical foundations in the anthropology of Ruth Benedict and Margaret Mead.

Many contexts shape and limit moral thinking in philosophy and life. Human conditions of vulnerability and interdependency, of limited awareness and control, of imperfect insight into ourselves and others are inevitable contexts that neither moral thought nor theory should forget. To be truly reflective, moral thinking and moral philosophy must become aware of the contexts that bind our thinking about how to live. This collection of essays by Margaret Urban Walker seek to show how to do this, and why (...) it makes a difference. Contingent and changeable contexts that shape moral thinking include our individual histories, our social positions, and institutional roles, relationships, cultural settings, and social arrangements, and the specific moral idioms we pick up along the way. The paradigms and specialized language of ethical theory are contexts, too; they shape how moral theory looks and what or whom it looks at. Ethical theory and practice are meaningless without these Moral Contexts. (shrink)

This collection of essays by one of the country's leading property theorists revitalizes the liberal personality theory of property. Departing from traditional libertarian and economic theories of property, Margaret Jane Radin argues that the law should take into account nonmonetary personal value attached to property—and that some things, such as bodily integrity, are so personal they should not be considered property at all. Gathered here are pieces ranging from Radin's classic early essay on property and personhood to her recent (...) works on governmental "taking" of private property. Margaret Jane Radin is professor of law at Stanford University. She is the author of over twenty-five articles on legal and political theory. (shrink)

Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.

A philosophy of management that incorporates the big picture of human experience, all levels, and degrees of awareness in relationship with the world, will better develop and sustain an environment conducive to creative contributions that meet organizational goals. Quantum physics reveals the nature of reality to be connection and creativity engaged in a process of actualizing possibilities. Human beings participate in this process of actualization, as both observer-creator and experiencer of the universe through multiple domains of knowing – a collaborator (...) in Alfred North Whitehead’s panexperientialism. Whitehead’s God of process, the primordial field of creative possibilities, and the consequent nature which holds all the experiences of every actualization, supports human consciousness, as it self-actualizes by engaging and integrating the experience of external and internal events and their effects on awareness. Through understanding the participatory nature of consciousness with God and the world as experienced, deep meaning emerges for human life. Tapping into this deeper meaning through a philosophy of management that acknowledges the full human experience, including the embedded spiritual connection to the creative energy that is God, strengthens an organization’s vision, mission and contributions to a community. This brief overview traces a path toward a preliminary framework for a philosophy of management based on God and the ideas of connection, creativity and process. (shrink)