This book argues that a conscientiously objecting medical professional should receive an exemption only if the grounds of an objector's refusal are reasonable. It defends a detailed, contextual account of public reasonability suited for healthcare, which builds from the overarching concept of Rawlsian public reason. The author analyzes the main competing positions and maintains that these other views fail precisely due to their systematic inattention to the grounding reasons behind a conscientious objection; he argues that any such view is plausible (...) to the extent that it mimics the 'reason-giving requirement' for conscience objections defended in this work. Only reasonable objections can defeat the prior professional obligation to assign primacy to patient well-being, therefore one who refuses a patient's request for a legally available, medically indicated, and safe service must be able to explain the grounds of their objection in terms understandable to other citizens within the public institutional structure of medicine. The book further offers a novel policy proposal to deploy the Reasonability View: establishing conscientious objector status in medicine. It concludes that the Reasonability View is a viable and attractive position in this debate. A New Theory of Conscientious Objection in Medicine: Justification and Reasonability will be of interest to researchers and advanced students working in bioethics, medical ethics, and philosophy of medicine, as well as thinkers interested in the intersections between law, medical humanities, and philosophy. (shrink)

(1997). Considering moral sensitivity in media ethics courses and research: An essay review by Robert F. Potter. Journal of Mass Media Ethics: Vol. 12, No. 1, pp. 51-57. doi: 10.1207/s15327728jmme1201_4.

Defenders of medical professionals’ rights to conscientious objection (CO) regarding emergency contraception (EC) draw an analogy to CO in the military. Such professionals object to EC since it has the possibility of harming zygotic life, yet if we accept this analogy and utilize jurisprudence to frame the associated public policy, those who refuse to dispense EC would not have their objection honored. Legal precedent holds that one must consistently object to all forms of the relevant activity. In the case at (...) hand, then, I argue that these professionals must also oppose morally innocuous practices that may prevent pregnancy after fertilization. These results reveal that such objectors cannot offer a plausible and consistent objection to harming zygotic life. Additionally, there are good reasons to reject the analogy itself. In either case, these findings call into question the case supporting refusals of EC based on scruples. (shrink)

This landmark volume brings together the work of the world's leading researchers in sublimated perception. This compilation marks a fundamental shift in the current study of subliminal effects: No longer in question is the notion that perception without awareness occurs. Now, the emphasis is on elucidating the parameters of subliminal effects and understanding the conditions under which stimuli perceived without awareness significantly influence affect, cognition, and behavior. PERCEPTION WITHOUT AWARENESS firmly establishes subliminal perception within the mainstream of psychological science. Well (...) represented here are the two main research branches that have emerged: One directly investigates the nature of subliminal effects; the other uses subliminal techniques as tools for investigating psychological phenomena such as hypnosis, dreaming, repression, social judgment and inference, psychopathology, and symptom formation. Broadly grouped into three main sections, the contributed chapters explore * The cognitive perspective--including implicit memory and implicit perception, the measurement of unconscious perceptual processes, and methods for revealing unconscious processes * The clinical perspective--exploring the cognitive and dynamic aspects of subliminal perception, memory, and consciousness; direct recovery of subliminal stimuli; and validation of subliminal psychodynamic activation * The social perspective--discussing subliminal mere-exposure effects, affect and social perception, and the role of subliminality in social psychology Timely and thought-provoking, PERCEPTION WITHOUT AWARENESS is sure to be of enormous interest to all psychoanalytic clinicians and scholars, as well as cognitive, clinical, and social psychologists whose work touches upon issues relating to psychopathology, perception, cognition, and memory. (shrink)

In this paper I defend the Reasonability View: the position that medical professionals seeking a conscientious exemption must state reasons in support of their objection and allow those reasons to be subject to evaluation. Recently, this view has been criticized by Jason Marsh as proposing a standard that is either too difficult to meet or too easy to satisfy. First, I defend the Reasonability View from this proposed dilemma. Then, I develop this view by presenting and explaining some of the (...) central criteria it uses to assess whether a conscientious objection is proper grounds for extending an exemption to a medical practitioner. (shrink)

Berkhofer ranges through a vast archive of recent writings by a broad range of authors. He explicates the opposing paradigms and their corresponding dilemmas by presenting in dialogue form the positions of modernists and postmodernists, formalists and deconstructionists, textualists and contextualists.

Many artists and music labels rely on partnerships with brands to pay for the production costs of their music videos. In exchange, the brands are featured in those videos. To enhance the transparency of these embedded forms of advertising, sponsorship disclosures are required. However, it remains unknown what the content of these disclosures in music videos should be to enhance sponsor transparency for adolescents. We examined how disclosure type affected adolescents’ conceptual and attitudinal persuasion knowledge. In addition, effects on responses (...) toward the brand, music video, and artist were examined. An experiment showed that none of the tested disclosures enhanced adolescents’ conceptual persuasion knowledge. However, disclosures explaining that the embedded brand helped pay for the production cost of the video led to lower attitudinal persuasion knowledge and, consequently, to more positive attitudes toward the brand, video, and artist, and to increased intentions to purchase the brand. (shrink)

Ancell and Sinnott-Armstrong argue that medical providers possess wide freedoms to determine the scope of their practice, and therefore, prohibiting almost any conscientious objections is a bad idea. They maintain that we could create an acceptable system on the whole which even grants accommodations to discriminatory refusals by healthcare professionals. Their argument is premised upon applying a free market mechanism to conscientious objections in medicine, yet I argue their Market View possesses a number of absurd and troubling implications. Furthermore, I (...) demonstrate that the fundamental logic of their main argument is flawed. Thinkers who wish to address the issues raised in this debate in general or by discriminatory conscience objections in particular should avoid the Market View and instead envisage theories that assess the reasons underlying conscientious refusals in medicine. (shrink)

The current conflict between the recording industry and a portion of its customers who are involved in illicit copying of music files arose from innovations involving the compression and electronic distribution of files over the internet. This paper briefly describes some of the challenges faced by the recording industry, and examines some of the ethical issues that arise in various industry and consumer responses to the opportunities and threats presented by these innovations. The paper concludes by highlighting the risks associated (...) with responses that threaten further innovation, ultimately reducing the chances of finding solutions that hold appeal for all parties. (shrink)

Much of traditional AI exemplifies the explicit representation paradigm, and during the late 1980''s a heated debate arose between the classical and connectionist camps as to whether beliefs and rules receive an explicit or implicit representation in human cognition. In a recent paper, Kirsh (1990) questions the coherence of the fundamental distinction underlying this debate. He argues that our basic intuitions concerning explicit and implicit representations are not only confused but inconsistent. Ultimately, Kirsh proposes a new formulation of the distinction, (...) based upon the criterion ofconstant time processing.The present paper examines Kirsh''s claims. It is argued that Kirsh fails to demonstrate that our usage of explicit and implicit is seriously confused or inconsistent. Furthermore, it is argued that Kirsh''s new formulation of the explicit-implicit distinction is excessively stringent, in that it banishes virtually all sentences of natural language from the realm of explicit representation. By contrast, the present paper proposes definitions for explicit and implicit which preserve most of our strong intuitions concerning straightforward uses of these terms. It is also argued that the distinction delineated here sustains the meaningfulness of the abovementioned debate between classicists and connectionists. (shrink)

This is a book about the role that psychological impairment should play in a theory of criminal liability. Criminal guilt in the Anglo-American legal tradition requires both that the defendant committed some proscribed act and did so with intent, knowledge, or recklessness. The second requirement corresponds to the intuitive idea that people should not be punished for something they did not do 'on purpose' or if they 'did not realize what they were doing'. Unlike many works in this area, this (...) book addresses the automatism and insanity defences by examining the types of functional impairment that typical candidates for these defences actually suffer. What emerges is a much wider conceptual framework that allows us to understand the significance of psychological states and processes for the attribution of criminal responsibility in a manner that is logically coherent, morally defensible, and consistent with research in psychopathology. (shrink)

The situationist challenge to global character traits claims that on the basis of findings in social psychology, we should only accept at most the existence of local or context-sensitive traits. In this article I explore a neglected area of J. S. Mill's work to outline an account of context-sensitive traits. This account of traits, coupled with a sophisticated consequentialist ethical framework, suggests an interesting view on which persons govern the circumstances of their actions in order to best promote overall well-being.

ABSTRACT Don Marquis argues that abortion is morally wrong in most cases since it deprives the fetus of the value of its future. I criticize Marquis’s argument for the modified conservative view by adopting an argumentative strategy in which I work within his basic account: if it is granted that his fundamental idea is sound, what follows about the morality of abortion? I conclude that Marquis is faced with a dilemma: either his position must shift towards the extreme conservative view (...) on which abortion is never morally permissible, or he must abandon any recognizably conservative view. This dilemma suggests that Marquis’s view is either deeply implausible or that he cannot use this argument to successfully support his preferred position. (shrink)

In Human Happiness and Morality, noted philosopher Robert Almeder provides lucid introductory explanations of the major ethical theories and traditions, as well as a clear and comprehensive discussion of the proposed answers to three basic questions in ethics: What makes a right act right? Why should I be moral? What is human happiness and how can I attain it? He then ventures beyond the basic questions, describing the relationship between morality and happiness; clearly defining human happiness; and raising the (...) question of whether happiness, so defined, is the likely product of a life lived morally. In the final chapter, Almeder details simple Stoic rules for happy living and shows how it is possible to live the good life despite the existence of unhappiness and failure in others. (shrink)

Positions taken in the current debate over free will can be seen as responses to the following conditional: If every action is caused solely by another event and a cause necessitates its effect, then there is no action to which there is an alternative. The Libertarian, who believes that alternatives are a requirement of free will, responds by denying the right conjunct of C’s antecedent, maintaining that some actions are caused, either mediately or immediately, by events whose effects could be (...) different, even if they were to recur under identical circumstances. We have here a denial of Laplacian Determinism (LD), according to which the condition of the world at any instant makes only one state possible at any other instant.¹ One prominent defender of this view, Robert Kane, holds that unless an agent’s neural mechanisms operated indeterministicly in forming her character she is not responsible for its manifestations.² This requirement is entailed by the principle of “ultimate responsibility” (UR) according to which an act is freely willed only if (a) its agent is personally responsible for its performance in the sense of having caused it to occur by voluntarily doing something that was avoidable and (b). (shrink)

It is well understood and appreciated that Gödel’s Incompleteness Theorems apply to sufficiently strong, formal deductive systems. In particular, the theorems apply to systems which are adequate for conventional number theory. Less well known is that there exist algorithms which can be applied to such a system to generate a gödel-sentence for that system. Although the generation of a sentence is not equivalent to proving its truth, the present paper argues that the existence of these algorithms, when conjoined with Gödel’s (...) results and accepted theorems of recursion theory, does provide the basis for an apparent paradox. The difficulty arises when such an algorithm is embedded within a computer program of sufficient arithmetic power. The required computer program (an AI system) is described herein, and the paradox is derived. A solution to the paradox is proposed, which, it is argued, illuminates the truth status of axioms in formal models of programs and Turing machines. (shrink)

In an age of rapid advances inlife-prolonging treatment, patients and caregivers areincreasingly facing tensions in making end-of-lifedecisions. An examination of the history of healthcare in the United States reveals technological,economic, and medical factors that have contributed tothe problems of terminal care and consequently to themovement of assisted suicide. The movement has itsroots in at least two fundamental perceptions andexpectations. In the age of technological medicineenergized by the profit motive, dying comes at a highprice in suffering and in personal economic loss. (...) Thefailure to provide affordable resources for terminalcare is the result of the marketplace in health care. The medical profession has been painfully slow inresponding to the challenges of terminal care, mainlybecause of the pressures of the marketplace and lackof adequate training. This has occurred at a time ofrapid advances in life-sustaining treatment and ofexpanding public awareness of personal rights underthe law. Overly aggressive treatment in the finalstages of terminal illness has enhanced anxieties overa painfully prolonged and expensive dying. Thesefactors have promoted the movement to assistedsuicide. In the U.S. debate of the issues, ethiciststend to argue abstractly without examiningadequately the context of terminal care that is thehealth care system. It is a system in dire need of areform that will remove it from the marketplace. (shrink)

Noel Hendrickson believes that free will is separable from the “evaluative intuitions” with which it has been traditionally associated. But what are these intuitions? Answer: principles such as PAP, Β, and UR (6). The thesis that free will is separable from these principles, however, is hardly unique, as they are also eschewed by compatibilists who are unwilling to abdicate altogether evaluative intuitions. We are told in addition that there are “metaphysical senses” of free will that are not “relevant to responsibility” (...) (4). Yet Hendrickson’s rejection of the above principles depends upon them being less certain than his “intuitions of responsibility” (6). Moreover, he later speculates about the relationship between free will’s “metaphysical (and) responsibility securing roles” (8-10). Our evaluative intuitions are finally said to “concern when a person should be evaluated as responsible (and so blameworthy and praiseworthy)” (3). If these intuitions are not “evidence of the set of the conditions for responsibility,” as Hendrickson supposes, then those conditions entail neither blameworthiness (BW) nor praiseworthiness (PW). Thus, I shall take Hendrickson’s 1 thesis (A) to be that responsibility entailing either BW or PW (BW/PW) can be separated from free will (but not responsibility per se). (shrink)

The Cultural Production of Social Movements offers a theory of cultural practices, protest tactics, strategic planning and deliberation, and movement organizational structures: “ideological contention.” It is a theory of ideology “from below.” The Cultural Production of Social Movements shows how conflicts—both with external political forces and disagreements, dissensus, and the decision-making process internal to social movements—produce knowledge and meanings that, in turn, impact upon and change the practices that contribute to how social movements are structured and organized. The Cultural Production (...) of Social Movements theorizes the relationship between consciously held superordinate ideas, the changing composition of progressive and oppositional social struggles, and the social worlds they hope to inhabit. Analyzing the Black Panther Party, specifically Kathleen Cleaver’s break with the Student Non-violent Coordinating Committee and her contributions to the Party, Operaismo (or Workerism) in Italy and the relationship between shifting organizational strategies, inventive tactics, and novel and expansive ways to theorize class struggles, and the communal composition of “Worker-Recovered Enterprise Movements” in contemporary Argentina, this book shows how movement ideologies change and how meanings structure organizations, mobilizations, and futures. In The Cultural Production of Social Movements ideology is neither a static set of principles, nor is an unconscious orientation towards power and governance. Rather, it is the contentious, democratizing, and deliberative processes—which become realized as tactics in protests, struggles, defeats, and victories—that makes the relationship between movements, and what they “mean” conscious to its participants. (shrink)

A new and critical edition of Hegel’s Religionsphilosophie Vorlesungen is in preparation. These important lectures will also appear in English and Spanish translation concurrently with the German edition. Walter Jaeschke of the Hegel-Archiv staff is constructing the German text, to be published by Felix Meiner Verlag ; Peter C. Hodgson of Vanderbilt University is editing the English translation; Ricardo Ferrara of the University of Buenos Aires is editing the Spanish translation. Jaeschke, Hodgson and Ferrara have entered into an agreement regarding (...) common editorial principles for the different language versions. Jaeschke explained the background and some of the guiding principles of the project in a two-part article printed in the 1980 Owl. Hodgson followed the second part of Jaeschke’s article with his own statement of procedures for the English translation. My purpose in this paper is to provide an update to Hodgson’s statement by giving additional information about the new edition, a progress report on work on the English translation, and a foretaste of some of the interesting differences which are emerging as the distinct lecture series become clearly and accurately distinguished from one another for the first time. (shrink)

Robert Almeder provides a comprehensive discussion and definitive refutation of our common conception of truth as a necessary condition for knowledge of the world, and to defend in detail an epistemic conception of truth without falling into the usual epistemological relativism or classical idealism in which all properties of the world turn out to be linguistic in nature and origin. There is no other book available that clearly and thoroughly defends the case for an epistemic conception of truth and (...) also claims success in avoiding idealism or epistemological relativism. (shrink)

Roland Allen’s emphasis on the ministry in missionary churches opens the door to a number of ways in which the church can work to change society, and he makes some very important connections between the promises of the prophets, Jesus announcement of the coming kingdom, and Paul’s missionary methods. In doing so, he again invites the church to bring the good news of the Kingdom of God to the modern world.

This paper builds upon previous work in which I argue that we should assess a provider's reasons for his or her objection before granting a conscientious exemption. For instance, if the medical professional's reasoned basis involves an empirical mistake, an accommodation is not warranted. This article poses and begins to address several deep questions about the workings of what I call a reason-giving view: What standard should we use to assess reasons? What policy should we adopt in order to evaluate (...) the reasons offered by medical practitioners in support of their objections? I argue for a reasonability standard to perform the essential function of assessing reasons, and I offer considerations in support of a policy establishing conscientious objector status in medicine. (shrink)

This major study advances an interpretation of criminal justification defences that views them as an integral component of the structure of the criminal law. Criminal law is defined here as the institutional representation of the underlying principles of political morality in a liberal society. The book extends the traditional scope of the legal and philosophical discussion of justification defences. It integrates philosophical analysis with a consideration of contemporary applications, it shows how these defences are key components of criminal law, and (...) it explores the relationship between legal and moral justification. (shrink)

The first edition of this book was published in 1977. At that time the field of thanatology, the study of death and dying, was still reasonably new and was dominated by research done by psychiatrists and social scientists. The most notable person in the field at the time was Elisabeth Kubler-Ross, who was widely credited with having brought thanatology into public view with the 1969 publication of her book On Death and Dying. Two research centers on death and dying were (...) gaining national reputations: The Foundation of Thanatology in New York (Austin Kutscher, director), and the Center for Death Education and Research (Robert Fulton, director) at the University of Minnesota. (shrink)

Among the many assaults upon widely held views in social and political philosophy to be found in Robert Nozick's Anarchy, State, and Utopia, is a novel criticism of the utilitarian deterrence theory of punishment. Nozick believes that this criticism is absolutely decisive, and, indeed, in his words, establishes the utilitarian deterrence theory's "non existence." The purpose of this paper is to show that Nozick's criticism rests upon a tacit crucial error about the nature of punishment. This error, while an (...) elementary one, is evidently easy to make since not only Nozick falls prey to it but also some prominent utilitarians themselves. Recognizing the error makes possible a more careful statement of the utilitarian deterrence theory that avoids Nozick's criticism. (shrink)

In a provocative essay, philosopher Jeffrie G. Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims (...) to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as applying these insights to contemporary debates in criminal law, tort law, elder law, immigration law, corporate law, intellectual property, and international relations. At a time when the discourse between Christian and other world views is more likely to be filled with hate than love, the implications of agape for law are crucial. (shrink)