This study investigates the impact of fraud/lawsuit revelation on U.S. top executive turnover and compensation. It also examines potential explanatory variables affecting the executive turnover and compensation among U.S. fraud/lawsuit firms. Four important findings are documented. First, there was significantly higher executive turnover among U.S. firms with fraud/lawsuit revelation in the Wall Street Journal than matched firms without such revelation. Second, although on average, U.S. top executives received an increase in cash compensation after fraud/lawsuit revelation, this increase is smaller than (...) that of matched non-fraud/lawsuit firms. Third, fraud/lawsuit firms were more likely to change top executive when chief executive officer (CEO) was not the board chairman and CEO had been on the board for a short time. Fourth, fraud/lawsuit firms were more likely to reduce their executive cash compensation when profitability was low, firms were involved in fraud, the compensation committee size was small, and the board met more often. These findings indicate that although, in general, U.S. fraud/lawsuits firms did not reduce their executive cash compensation, those involved in fraud were more likely to reduce their executive cash compensation than to change their top executives. The finding, that ethical standards is not a significant factor for U.S. executive turnover nor compensation reduction, suggests that ethics appears to play no part in the board’s decisions, and that U.S. firms may have ethical standards in writing but they do not implement nor enforce the standards. (shrink)

The present study investigates whether people can infer the preferences of others from spontaneous facial expressions alone. We utilize a paradigm that unobtrusively records people's natural facial reactions to relatively mundane stimuli while they simultaneously report which ones they find more appealing. Videos were then presented to perceivers who attempted to infer the choices of the target individuals—thereby linking perceiver inferences to objective outcomes. Perceivers demonstrated above-chance ability to infer target preferences across four different stimulus categories: people (attractiveness), cartoons (humor), (...) paintings (decorative appeal), and animals (cuteness). While perceivers' subjective ratings of expressivity varied somewhat between targets, these ratings did not predict the relative “readability” of the targets. The findings suggest that noncommunicative, natural facial behavior by itself suffices for certain types interpersonal prediction, even in low-emotional contexts. (shrink)

This paper challenges the recommendation of 1981 President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research that all jurisdictions in the United States should adopt the Uniform Determination of Death Act, which endorses a whole-brain, rather than a higher-brain, definition of death. I argue that the Commission was wrong to reject the "personhood argument" for the higher-brain definition on the grounds that there is no consensus among philosophers or the general population as to what (...) constitutes "personhood". I claim that philosophers agree that some potential for cognitive function is necessary for personhood and that, when this is absent in cases of anencephaly and persistent vegetative state (PVS), the individual should be considered dead. I further argue that the lack of consensus among the general population is due in large measure to misunderstandings about the medical reality of PVS and beliefs influenced by feelings for a specific individual in PVS. I also examine and reject two tutiorist arguments which have been used to support the Commission's position: that the higher-brain definition would threaten the severely senile and severely retarded, and that there are not currently adequate medical techniques for determining when all higher-brain activities have ceased. Keywords: death, personhood, persistent vegetative state, anencephaly CiteULike Connotea Del.icio.us What's this? (shrink)

ABSTRACTThis article discusses the French debate of the 1580s over the status of the Salic Law and its influence upon an important text in English political thought, Robert Persons’s Conference about the next Succession to the Crowne of Ingland. Polemicists on both sides of the conflict between Henri of Navarre and the Catholic League, from Pierre de Belloy to the pseudonymous ‘Rossaeus’, sought to explain the French royal succession using a concept of custom drawn from Roman law. Custom offered (...) these thinkers a way to explain the Salic Law’s peculiar limitation of the succession to males descended agnatically, but it could also be taken to imply that the people, from whom it originated, were in some way superior to the king. The concept was exploited most effectively by Rossaeus, who translated what had been a legal discourse into a freer language of political naturalism. Rossaeus’s interpretation of custom was adapted and exploited by Robert Persons in the Conference about the next Succession to the Crowne of Ingland. While, then, much of the Conference’s contemporary influence derived from how its argument mapped onto English constitutional geography, it originated as a continuation of League political thought. (shrink)

Health services internationally struggle to ensure health care is “person-centered” (or similar). In part, this is because there are many interpretations of “person-centered care” (and near synonyms), some of which seem unrealistic for some patients or situations and obscure the intrinsic value of patients’ experiences of health care delivery. The general concern behind calls for person-centered care is an ethical one: Patients should be “treated as persons.” We made novel use of insights from the capabilities approach to characterize person-centered (...) care as care that recognizes and cultivates the capabilities associated with the concept of persons. This characterization unifies key features from previous characterisations and can render person-centered care applicable to diverse patients and situations. By tying person-centered care to intrinsically valuable capability outcomes, it incorporates a requirement for responsiveness to individuals and explains why person-centered care is required independently of any contribution it may make to health gain. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ought We to Require Emotional Capacity as Part of Decisional Competence?Paul S. Appelbaum* (bio)AbstractThe preceding commentary by Louis Charland suggests that traditional cognitive views of decision-making competence err in not taking into account patients’ emotional capacities. Examined closely, however, Charland’s argument fails to escape the cognitive bias that he condemns. However, there may be stronger arguments for broadening the focus of competence assessment to include emotional capacities, centering on (...) the ways in which emotions aid humans in processing information. Before emotional capacities are added to the list of functions essential for decisional competence, though, the feasibility and utility of such a reorientation must be demonstrated.To what extent ought persons’ capacities to experience emotion be taken into account when determining whether they should be deemed competent to make their own decisions? In the previous article, Louis Charland (1998) argues that traditional models of decision-making competence—of which the MacArthur Competence Treatment Study is a typical example—are mistaken in focusing narrowly on persons’ cognitive abilities to the neglect of emotional factors. In contrast, he suggests, constructs of competence ought explicitly to require a capacity to experience emotions, which he believes is central to meaningful decision making, before deeming persons competent.Charland, as he acknowledges, is not the first to suggest that the presence of some degree of emotional capacity is a necessary element of competence, but his argument is among the most elaborate to date and is certainly worth closer examination. Looked at carefully, however, Charland’s argument does not make quite the case for the determination of emotional capacity in competence assessment that he claims for it. Indeed, as I demonstrate below, Charland may share the same “pernicious [End Page 377] cognitive bias” that he ascribes to more traditional approaches. However, despite what I identify as the problems in Charland’s argument, others have raised more disturbing questions about the lack of attention to emotional issues in competence assessment. Thus, I am not ready to reject entirely the possibility that determinations of decisional competence ought to consider emotional factors. I conclude by outlining the questions that remain to be answered to identify more clearly the potential benefits of such an approach.The Construct of Decision-Making CompetenceSome preliminary comments about the nature of the dominant construct of decision-making competence may provide a useful frame for my response to Charland’s paper. Contemporary ideas of competence are tied inextricably to the ideal of self-determination in modern Western societies. Such societies are committed to respect for individual choice, both as a good in its own right and on the grounds that each person knows best what choices will maximize his or her own welfare. In general, therefore, states will not intervene to prevent persons from acting on their decisions, even when the choices they make—like the decision to smoke or to refuse potentially life-saving medical care—may objectively be thought to be detrimental to them.In some cases, however, the presumption that people will act in their own interests, as well as the notion that there is something intrinsically valuable in respecting their choices, fails (Buchanan and Brock 1989). When people’s minds are so disordered that they cannot be said to be making meaningful choices, other values come into play. Such people are called “incompetent.” When persons reach that point, the state’s interest in protecting its citizens becomes primary and someone else must make decisions on their behalf. Note that the size of this group must be sharply limited, lest a liberal society’s commitment to self-determination be undermined: There is no more profound infringement of the rights of citizens than the determination that they are incompetent. Thus, the criteria for incompetence must be selected in a deliberately narrow fashion—alternately, one might say that the standards for competence are made intentionally broad—so that all but a tiny percentage of citizens will be permitted to make decisions on their own.In the Anglo-American world, the process of formulating criteria of competence by and large has been left to the common law courts. Over the course of centuries they have identified the capacities that are, in... (shrink)

A liberal antinomy of parenting exists: strong liberal intuitions militate in favor of both denying special resources to parenting projects (on grounds of project-neutrality) and granting them (on grounds of respect for personhood). I show that we can reconcile these two claims by rejecting a premise common to both--viz. that liberalism is necessarily committed to extensive procreative liberties--and limiting procreation and subsequent parenting to adults who meet certain psychological and especially financial criteria. I also defend this argument, which provides a (...) Kantian complement to utilitarian arguments for restricting procreation, against a variety of objections. (shrink)

Hastings Center Report, Volume 52, Issue 3, Page 9-17, May–June 2022.

All else being equal, creating a miserable person makes the world worse, and creating an ecstatic person makes it better. Such claims are easily justified if it can be better, or worse, for a person to exist than not to exist. But that seems to require that things can be better, or worse, for a person even in a world in which she does not exist. Ingmar Persson defends this seemingly paradoxical claim in his latest book, Inclusive Ethics. He argues (...) that persons that never exist are merely possible beings for whom non-existence is worse than existence with a good life. We argue that Persson's argument, as stated in his book, has false premises and is invalid. We reconstruct the argument to make it valid, but the premises remain highly problematic. Finally, we argue, one can make sense of our procreative obligations without letting merely possible beings into the moral club. (shrink)

In the present contribution, the author contends, first, that “the perfect piece of Stoicism” that Emerson wanted to make out of Thoreau’s philosophical correspondence with his disciple Harrison Blake in Letters to Various Persons (1865) was neither concerned with a personality stereotype, as Sophia Thoreau feared, nor with the specifically Stoic way of living, as Richardson and Risinger have claimed in response. This first edition of Thoreau’s correspondence was in fact meant to be representative of that generally philosophical “art (...) of living well” to which Thoreau was entirely committed. Second, the author provides a comparative analysis of Thoreau’s philosophical letters to his pupil and Seneca’s epistolary with Lucilius, in order to ascertain precisely how Thoreau’s letter-writing itself, apart from Emerson’s framing of it, might have been informed by his knowledge and interest in Stoic epistolary practices. (shrink)

According to the Buddhist doctrine of Two Truths, there are no persons in our final ontology, but there are persons in our conventional ontology. What does it mean to say that persons exist conventionally? The Ābhidharmikas say that ultimately there are psychophysical tropes, called dharmas, certain collections or combinations of which are conventionally taken to be persons. We would then ask: what kind of reality is conventional reality, and what is the metaphysical relation between conventional reality (...) and ultimate reality as pertains to persons?Recently there have been various attempts to understand Buddhist philosophy by using contemporary analytical methods and theories. Among the prominent scholars in this... (shrink)

Neither secular moral theory nor religious ethics have had much place for persons in need of constant physical help and cognitive support, nor for those who provide care for them. Writing as the father of a fourteen-year-old daughter with multiple disabilities, I will explore some of moral issues that arise here, both from the point of view of the disabled child and from that of the child's caretaker(s).

Peter French has argued that conglomerate collectivities such as business corporations are moral persons and that aggregate collectivities such as lynch mobs are not. Two arguments are advanced to show that French's claim is flawed. First, the distinction between aggregates and conglomerates is, at best, a distinction of degree, not kind. Moreover, some aggregates show evidence of moral personhood. Second, French's criterion for distinguishing aggregates and conglomerates is based on inadequate grounds. Application of the criterion to specific cases requires (...) an additional judgment of a pragmatic nature which undermines any attempt to demonstrate French's thesis that actual conglomerates are moral persons and aggregates are not. Thus, French's theory is seriously lacking both empirical basis and empirical relevance. (shrink)

In Bearing Witness, Courtney S. Campbell draws on his experience as a teacher, scholar, and a bioethics consultant to propose an innovative interpretation of the significance of religious values and traditions for bioethics and health care. The book offers a distinctive exposition of a covenantal ethic of gift-response-responsibility-transformation that informs a quest for meaning in the profound choices that patients, families, and professionals face in creating, sustaining, and ending life. Campbell's account of "bearing witness" offers new understandings of formative ethical (...) concepts, situates medicine as a calling and vocation rooted in concepts of healing, affirms professional commitments of presence for suffering and dying persons, and presents a prophetic critique of medical-assisted death. This book offers compelling critiques of secular models of medical professionalism and of individualistic assumptions that distort the physician-patient relationship. This innovative interpretation bears witness to the relevance of religious perspectives on an array of bioethical issues from new reproductive technologies to genetics to debates over end-of-life ethics and bears witness against the oddities of a market-oriented and consumerist vision of health care that is especially salient for an era of health-care reform. (shrink)

There is an alternative reconciliatory naturalist position that rejects each key feature of this “libertarian agent-causationist” view. Taking the features in reverse order, this alternative.

In this book, Vasubandhu's classic work Refutation of the Theory of a Self is translated and provided with an introduction and commentary. The translation, the first into a modern Western language from the Sanskrit text, is intended for use by those who wish to begin a careful philosophical study of Indian Buddhist theories of persons. Special features of the introduction and commentary are their extensive explanations of the arguments for the theories of persons of Vasubandhu and the Pudgalavâdines, (...) the Buddhist philosophers whose theory is the central target of Vasubandhu's refutation of the theory of a self. (shrink)

Background: A total of 71,000 people in Norway suffer from some form of dementia in 2013, of whom approximately 30,000 are in nursing homes. Several studies focus on the experiences of those who have close relatives and who are staying in a nursing home. Results show that a greater focus on cooperation between nursing staff and relatives is a central prerequisite for an increased level of care. Benefits of developing systematic collaboration practices include relief for nursing staff, less stress, and (...) greater mutual understanding. Going through studies focusing on the experiences of nursing home patients’ relatives, negative experiences are in the majority. In this study, relatives are invited to share positive experiences regarding the care of their loved ones; a slightly different perspective, in other words. Aim: The aim of the study is to investigate relatives of persons with dementia’s experiences with quality care in nursing homes. Method: The study is a part of a larger project called Hospice values in the care for persons with dementia and is based on a qualitative design where data are generated through narrative interviews. The chosen method of analysis is the phenomenological–hermeneutical method for the study of lived experiences. Participants and research context: Participants in the project were eight relatives of persons with dementia who were living in nursing homes, long-term residences. The sampling was targeted, enrolment happened through collective invitation. All relatives interested were included. Ethical considerations: The Norwegian Regional Ethics Committee and the Norwegian Social Science Data Services approve the study. Findings: Findings show that relatives have certain expectations as to how their loved ones ought to be met and looked after at the nursing home. The results show that in those cases where the expectations were met, the relatives’ experiences were associated with engagement, inclusion and a good atmosphere. When the expectations were not met, the relatives experienced powerlessness, distrust and guilt. Discussion: The results are discussed considering the concepts of trust, power and asymmetry. Conclusion: When asked about experiences with quality care, the relatives spoke both of expectations met and of expectations not met. Results in this study are important knowledge for developing units where performing quality care is the overall aim. (shrink)

Here we present what we believe is a novel account of what languages are, along with an axiomatically rich representation of languages and language-related data that is based on this account. We propose an account of languages as aggregates of dispositions distributed across aggregates of persons, and in doing so we address linguistic competences and the processes that realize them. This paves the way for representing additional types of language-related entities. Like demographic data of other sorts, data about languages (...) may be of use to researchers in a number of areas, including biomedical research. Data on the languages used in clinical encounters are typically included in medical records, and capture an important factor in patient-provider interactions. Like many types of patient and demographic data, data on a person’s preferred and primary languages are organized in different ways by different systems. This can be a barrier to data integration. We believe that a robust framework for representing language in general and preferred and primary language in particular – which has been lacking in ontologies thus far – can promote more successful integration of language-related data from disparate data sources. (shrink)

In many cultures arrogance is regarded as a serious vice and a cause of numerous social ills. Although its badness is typically thought to lie in its harmful consequences for other persons and things, I draw on Kant to argue that what makes it a vice is first and foremost the failure to respect oneself. But arrogance is not only a problem inside individuals. Drawing on feminist insights I argue that it is a systemic problem constructed in and reinforcing (...) unjust distributions of social power. I identify ways in which arrogance is connected with social arrangements of domination and subordination, then discuss implications of a power-focused analysis Among the implications: (1) contrary to the widely-held view, humility is not the personal virtue opposing arrogance, self-respect is; (2) arrogance is not always a vice, for in circumstances of oppression a certain kind of arrogance is a virtue of self-respecting resistance to domination. (shrink)

Presents a collection of papers by economists theorizing on the roles of altruism and morality versus self-interest in the shaping of human behavior and institutions. Specifically, the authors examine why some persons behave in an altruistic way without any apparent reward, thus defying the economist's model of utility maximization. The chapters are accompanied by commentaries from representatives of other disciplines, including law and philosophy.

In "Futurc Generations: Further Problems,"‘ and Part Four of Reasons and Persons} Derek Pariit raises many perplexing questions. Although some think his ingenious arguments little more than delightful puzzles, I believe they challenge some of our deepest beliefs. In this article, I examine some of Pariit’s arguments, focusing mainly on "The Mere Addition Paradox." If my analysis is correct, Parfit’s arguments have extremely interesting and important implications that not even Pariit rcalized. In Part I, I present ParHt’s argument for (...) the Merc Addition Paradox, and show that given Pa.rHt’s assumptions, a radical conclusion seems t0 follow; the notion of "bctter th2m"—indced, even the notion of "aH things.. (shrink)

The ethics of post-mortem organ retention and use is widely debated in bioethics and law. However, the fundamental ethical issues have often been inadequately treated. According to one argument, dead bodies are no longer “persons”. Given the great benefits dead bodies offer to human kind, they should be automatically treated as public property: when the person dies, the body becomes a public thing . This paper articulates the ethical issues involved in organ and tissue retention and use, both in (...) the case in which the deceased’s wishes are known and in the case in which the wishes are not known. It contends that a dead body is not a republic. The state should maximise availability of organs and tissues by inviting or requiring citizens to make an informed and responsible choice on the matter. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 11.3 (2001) 219-220 [Access article in PDF] Introduction In the last couple of decades,commodification has become almost a buzz-word in bioethics. As we become technically more adept at detaching elements of human bodies and making use of them for others, it seems as if more and more things-from motherhood to gametes to kidneys to our very DNA-can be borrowed, rented, bought, and sold. Other (...) technology allows us unprecedented influence over the characteristics of our offspring (unprecedented, that is, if we ignore the many cultures in which children were and are routinely discarded because they are the wrong sex, disabled, or the product of multiple births). It is common, for example, for writers to worry that the availability of pre-implantation genetic diagnosis will seduce parents into thinking of their children as commodities, to be ordered in much the same way as automobiles, with the inevitable concomitant that they will want to "return" children who do not measure up to their specifications.Unfortunately, a great deal of the talk about "commodification" has been clumsy and sloppy. The term has been used as a magic bullet, as if saying "But that's commodification!" is the same as having made an argument. In fact, commodification of human persons, human bodies, human labor, human relationships, is a complex matter. In many human dealings, commodified and noncommodified understandings of the same thing, or the same transaction, exist more or less comfortably together. Most Westerners condemn commercial sex, for example, while at the same time knowing that in most times and places in the world, marriage was and is thought of as primarily an economic relationship. The common use of "cheap" in post-World War II American slang to describe a teenage woman who is more sexually available than her peers perfectly captures the market rhetoric inherent in respectable American sexual mores.Given this complexity, it is not surprising that many writers in bioethics have gravitated to the work of Margaret Jane Radin. In her two books, Contested Commodities (Harvard University Press, 1996) and Reinterpreting Property (University of Chicago Press, 1993), and many articles, [End Page 219] Radin has taken on the problem of commodification without falling into either sentimentality or cynicism. She is a careful thinker and a careful (and demanding!) writer. We have long valued her work as we have sought to grapple with the many ways in which the problem of commodification arises in bioethics. In this issue of the Kennedy Institute of Ethics Journal, entitled "Who's Afraid of Commodification?," we have asked three colleagues to join us in reflecting on aspects of the problem of commodification in bioethics. We are especially delighted that Radin agreed to respond to our efforts in this direction.Lisa Sowle Cahill takes the discussion of commodification to a new level, as she focuses on global ethics, especially genetic research and the marketing and accessibility of pharmaceuticals. Dena S. Davis explores the debates over refusal of treatment and rational suicide and concludes that to put a value on particular pieces of one's lifespan does not necessarily lead to negative aspects of commodification. Ronald M. Green analyzes Radin's use of Kant. Suzanne Holland addresses commodification of body parts, from gametes to cadaveric tissue, and concludes with some specific recommendations. Thomas A. Shannon takes a fresh look at the problem of whether we should allow the sale of organs; he shares with Holland a special concern for the rhetoric of commodification. Finally, Margaret Jane Radin responds to the preceding essays, asking four "stubbornly difficult" questions, questions that show that the debate about commodification is only just begun. Dena S. Davis and Suzanne Holland... (shrink)

Entitlement theorists claim that bequest is a moral right. The aim of this essay is to determine whether entitlement theorists can, on their own grounds, consistently defend that claim. I argue that even if there is a moral right to self-appropriated property and to engage in inter vivos transfers, it is a mistake to contend that there exists an equivalent moral right to make a bequest. Taxing or regulating bequest does not violate an individual’s moral rights because, regardless of whether (...) bequest safeguards certain interests, those interests are not the interests of a living, morally inviolable being. Instead, they are the interests of a deceased entity that has lost the ability to track what it values and pursue projects in accord with those values – a quality that by entitlement theorists’ own arguments renders persons morally significant and deserving of rights in the first place. (shrink)

Simonet, Emanuel Nicolas Cortes Victoria's new Powers of Attorney Act 2014 came into operation on 1 September 2015. Following recommendations by the Victorian Parliament Law Reform Committee, changes have been introduced in the new Act to simplify the process of making an enduring power of attorney. Reforms include the addition of a section on capacity, the introduction of a supportive attorney role distinct from the enduring power of attorney role, and the enhancement of safeguards. This article analyses how the new (...) Powers of Attorney Act 2014 empowers persons with impaired decision-making capacity and also strengthens the mechanisms which protect them from abuse. (shrink)

It seems an odd claim that knowing could be itself of intrinsic worth. Knowledge appears heavily, perhaps entirely reliant for its worth on the value of the objects known and the value of the ends...

Addresses Ming Dynasty philosopher Wang Fuzhi’s neo-Confucianism from the perspective of contemporary ecological humanism. In this novel engagement with Ming Dynasty philosopher Wang Fuzhi (1619–1692), Nicholas S. Brasovan presents Wang’s neo-Confucianism as an important theoretical resource for engaging with contemporary ecological humanism. Brasovan coins the term “person-in-the-world” to capture ecological humanism’s fundamental premise that humans and nature are inextricably bound together, and argues that Wang’s cosmology of energy (qi) gives us a rich conceptual vocabulary for understanding the continuity that exists (...) between persons and the natural world. The book makes a significant contribution to English-language scholarship on Wang Fuzhi and to Chinese intellectual history, with new English translations of classical Chinese, Mandarin, and French texts in Chinese philosophy and culture. This innovative work of comparative philosophy not only presents a systematic and comprehensive interpretation of Wang’s thought but also shows its relevance to contemporary discussions in the philosophy of ecology. “This is a fine study of Wang Fuzhi’s complex and fascinating neo-Confucian cosmology. I learned an immense amount about one of China’s last great Confucian intellectuals.” — John Berthrong, author of Expanding Process: Exploring Philosophical and Theological Transformations in China and the West. (shrink)

This essay aims to establish two theses. First, hell is unjust. Second, God ought not (or perhaps cannot) impose hell on human beings. In support of these theses, Stephen Kershnar argues that human beings do not deserve hell because they either cannot cause an infinite amount of harm or are not responsible for doing so. Also, since humans don’t have infinitely bad characters, hell can’t be deserved on the basis of character. Since humans don’t deserve hell, God may not (or (...) perhaps cannot) impose unjust punishments and hence may not (or cannot) send or allow persons to go to hell. (shrink)

I argue that, although it is probably not possible to construct a thoroughly consistent interpretation of Kantian metaphors, there is a perspective in Kant’s later writings which provides a framework for selecting and sorting central metaphors. Following a discussion of the work or Lakoff and Johnson on metaphor, I provide an examination of Kant’s distinction between noumenon and phenomenon as an example of a metaphor grounded upon spatio-temporal experience, and conclude with suggestions concerning the role of metaphor in Kant’s account (...) of personhood and community. (shrink)

A number of international organizations have claimed that children have a right to be loved, but there is a worry that this claim may just be an empty rhetoric. In this paper, I seek to show that there could be such a right by providing a justification for this right in terms of human rights, by demonstrating that love can be an appropriate object of a duty, and by proposing that biological parents should normally be made the primary bearers of (...) this duty, while all other able persons in appropriate circumstances have the associate duties to help biological parents discharge their duties. I also consider some policy implications of this right. (shrink)

: Responding to the paper by Miller and Joffe, we review the development of the concept of therapeutic misconception (TM). Our concerns about TM's impact on informed consent do not derive from the belief that research subjects have poorer outcomes than persons receiving ordinary clinical care. Rather, we believe that subjects with TM cannot give an adequate informed consent to research participation, which harms their dignitary interests and their abilities to make meaningful decisions. Ironically, Miller and Joffe's approach ends (...) up largely embracing the very position that they inaccurately attribute to us: the belief that, with some exceptions, it is only the prospect of poorer outcomes that should motivate efforts to dispel TM. In the absence of empirical studies on the steps required to dispel TM and the impact of such procedures on subject recruitment, it is premature to surrender to the belief that TM must be widely tolerated in clinical research. (shrink)

Richard Moran's Authority and Estrangement offers a subtle and innovative account of self-knowledge that lifts the problem out of the narrow confines of epistemology and into the broader context of practical reasoning and moral psychology. Moran argues convincingly that fundamental self/other asymmetries are essential to our concept of persons. Moreover, the first- and the third-person points of view are systematically interconnected, so that the expression or avowal of one's attitudes constitutes a substantive form of self-knowledge. But while Moran's argument (...) is wide-ranging and compelling, he relies throughout on an overly intellectualized conception of first-person attitudes as attitudes of reflection or deliberation. That conception is at once implausible and unnecessary to the main current of his argument, whose goal is to demonstrate that our self-conception as persons depends on both the distinctness and the interconnectedness of our first- and third-person perspectives on ourselves. (shrink)

The understanding of emergent, self-organizing phenomena has been immensely deepened in recent years on the basis of simulation-based theoretical research. We discuss these new ideas, and illustrate them using examples from several fields. Our discussion serves to introduce equivalent self-organized phenomena in social interaction. Interaction systems appear to be structured partly by virtue of such emergents. These appear under specific conditions: When cognitive buffering is inadequate relative to the levels of stress persons are subjected to, anxiety-spreading has the potential (...) of pushing their interaction into nonlinear conditions. Arousal in these conditions produces effects on behavior arising from biological sources-indeed, behavior can come under the control of reflex patterns. When this occurs, psychological activity no longer screens off biological controls over behavior. As the direct effects of biological activity spill into interaction, attachment behavior introduced into an interaction system can produce effects that are transmitted beyond dyads to produce global social patterns. These effects illustrate how strong interactions based in biological activity can produce an architecture for social systems. (shrink)

A Sartrean existentialist ethics of authenticity model can serve as an alternative to tradi­tional approaches to the issue of moral responsibilities to future generations. Traditional utilitarian and rights-based positions can fall short when addressing future-persons concern, both through technical problems and their failure to show our interconnectedness with other generations. Sartrean concepts of freedom, responsibility, and authenticity can offer an alternative approach which focuses on interpersonal adoption of the Other’s projects. There is bad faith present in the typical discussion (...) about future generations. We need to rid ourselves of this bad faith in order to engage in authentic relationships with humans of the past, present, and future. (shrink)

Contrary to the usual discussion of lying or deceiving in medical ethics literature where the lying or deceiving is done by the doctor or surgeon, this paper deals with lying or deceiving on the part of the patient. Three cases involving HIV-infected male homosexual or bisexual persons are presented. In each case the patient deceives or wants the doctor to deceive a third party on his behalf. Are such deceptions or lies expressions of compassion? Are they in the patient's (...) best interests? Do they compromise the doctor's integrity? It is submitted that societal attitudes towards male homosexual acts were internalised by the men described in these cases. Thus, a dichotomy was created between the private life and the public image. Fear of condemnation by the doctor or others restricted communication towards the goal of the maintenance of the patient's health. The lack of trust which inhibits truth-telling results in mutual and progressive isolation and impedes the provision of optimal care. (shrink)

In this paper, I discuss the implications of Hutcheson’s and Hume’s sentimentalist theories for the question of whether and how we can offer reasons to be moral. Hutcheson and Hume agree that reason does not give us ultimate ends. Because of this, on Hutcheson’s line, the possession of affections and of a moral sense makes practical reasons possible. On Hume’s view, that reason does not give us ultimate ends means that reason does not motivate on its own, and this makes (...) practical reasons, strictly speaking, impossible. For Hutcheson, those who are good people (benevolent people) have reasons to continue in that way. While he has nothing to say to those who are thoroughly self-interested, he thinks there are no such persons. Hume’s theory implies that one can have a motive to behave morally when one’s character does not so incline, since he believes that morality is at least sometimes in the interest of the agent. One interesting source of their differences is that Hume subscribes to an internal connection between justification and motivation, while Hutcheson argues that motivating reasons and justifying reasons are logically distinct. -/- . (shrink)

This paper suggests that the paradigm of lived body (as it is developed in the works of Merleau-Ponty, Sartre and Zaner) provides important insights into the experience of illness. In particular it is noted that, as embodied persons, we experience illness primarily as a disruption of lived body rather than as a dysfunction of biological body. An account is given of the manner in which such fundamental features of embodiment as bodily intentionality, primary meaning, contextural organization, body image, gestural (...) display, lived spatiality and temporality, are disrupted in illness causing a concurrent disorganization of the patient's self and world. The paradigm of lived body has important applications for medical practice. It provides a fuller account of illness than does the prevailing reductionist Cartesian paradigm of body, more directly addresses the existential predicament of illness, and orients the clinical focus around the personhood of the patient. (shrink)

In this article, I examine the linguistic features in Nietzsche's presentations that have led readers to assume that “the same” means numerical identity. I also evaluate the following argument about personal identity that has been used to support this assumption: if we are not numerically identical to our recurring counterparts, then we have no reason to be concerned about the prospect of reliving our lives and Nietzsche's theory cannot have any of the existential significance he ascribes to it. My conclusion (...) is that Nietzsche actually has in mind a complete qualitative identity that includes all spatiotemporal properties. Thus, the supporting argument fails because the problem of persistence through change over time is not relevant to a theory in which persons are neither recurring at a later time nor undergoing any change when they recur. (shrink)