The book is written with grace and wit; again and again, Neiman writes the kind of sentences we dream of uttering in the perfect conversation: where every mot is bon. This is exemplary philosophy.

In this paper, I argue that several features of Big Business in the United States, and its influence on our society, have caused far too many Americans to stop thinking about what is morally right as they choose their actions. An ethical vacuum has been created that Big Business has been only too glad to fill with questionable values that Americans have absorbed without consciously embracing. The time is right, and the stakes have never been higher, for us to reflect (...) on our values and change our thinking and behavior. Big Business and Philosophy each have important roles to play — one because of the power it now has and the other because of the power it ought to have — if we are to improve the moral climate in this country. (shrink)

In this paper I examine the justification of proposals to conserve threatened languages, those in danger of dying out from the lack of primary speakers. These proposals presuppose that there is value in the continued existence of languages, and I explore the different kinds of value involved: instrumental, aesthetic, subjective, and cognitive, the last involving the ability of each language to express distinctive thoughts. The attempt to retain the cognitive value of a language underlies proposals to conserve a pool of (...) primary speakers of threatened languages. Analyzing cognitive value in terms of Rolston’s systemic value flags a dual problem for conservation proposals: attempts to conserve the cognitive value of a language may be futile and attempts to defeat the factors creating the futility are morally problematic. The other values of language may still justify morally permissible projects to conserve or preserve threatened languages. (shrink)

To explain the causal relation between institutional rules and people’s actions and expectations, Searle relies upon his concept of the Background, the thesis that intentional states function only given a background of capacities that do not themselves consist in intentional phenomena. Any sentence, for instance, only acquires truth conditions or other conditions of satisfaction against a background of capacities, dispositions, know-how, etc. that are not themselves part of the content of the sentence. The Background also structures expectations. La Rouchefoucauld said, (...) for instance, that few people would fall in love if they had never read about it. (shrink)

The phenomenon of multiple personality--Like the "split-Brain" phenomenon--Involves a disintegration of the normally unified self to the point where one must question whether there is one, Or more than one, Person associated with the body even at a single moment in time. Besides the traditional problem of determining identity over time, There is now a new problem of personal identity--Determining identity at a single moment in time. We need the conceptual apparatus to talk about this new problem and a test, (...) Like the one I propose, For determining the number of persons associated with a body at a single moment in time. (shrink)

A defendant’s failure to show remorse is one of the most powerful factors in criminal sentencing, including capital sentencing. Yet there is currently no evidence that remorse can be accurately evaluated in a courtroom. Conversely there is evidence that race and other impermissible factors create hurdles to evaluating remorse. There is thus an urgent need for studies about whether and how remorse can be accurately evaluated. Moreover, there is little evidence that remorse is correlated with future law-abiding behavior or other (...) legitimate penal purposes, and, in fact, there is evidence that remorse is often conflated with shame, which is correlated with increased future criminality. More accurate information on the nature and evaluation of remorse can be used to reform the criminal justice system. (shrink)

This volume presents an exploration of the intersection between the work of Michel Foucault and feminist theory, focusing on Foucault's theories of sex/body, identity/subject, and power/politics. Like the other books in this series, this volume seeks to bring a feminist perspective to bear on the interpretation of a major figure in the philosophical canon. In the case of Michel Foucault, however, this aim is somewhat ironic because Foucault sees his work as disrupting that very canon. Since feminists see their work (...) as similarly disruptive, Foucault and feminism would seem to find much common ground, but, as the contributors to this collection reveal, the matter is not so simple. Foucault, like many feminists, is centrally concerned with questions related to sexuality and the body. This concern has led both Foucault and feminists to challenge the founding concept of the modernist philosophical canon: the disembodied transcendental subject. For both Foucault and feminists, this subject must be deconstructed and a new concept of identity articulated. The exciting possibilities of a Foucaultian approach to issues of the subject and identity, especially as they relate to sex and the body, are detailed in several of the essays collected here. Despite these possibilities, however, Foucault's approach has raised serious questions about an equally crucial area of feminist thought-politics. Some feminist critics of Foucault have argued that his deconstruction of the concept "woman" also deconstructs the possibility of a feminist politics. Several essays explore the implications of this deconstruction for feminist politics and suggest that a Foucaultian feminist politics is not viable. Overall, this collection illustrates the range of interest Foucault's thought has generated among feminist thinkers and both the advantages and liabilities of his approach for the development of feminist theory and politics. Contributors are Nancy Fraser, Nancy Hartsock, Judith Butler, Ellen L. McCallum, Linda Alcoff, Honi Haber, Jana Sawicki, Jon Simons, Monique Deveaux, Moya Lloyd, Amy Allen, and Terry Aladjem. (shrink)

By definitively establishing that racism has broad implications for how the entire field of philosophy is practiced -- and by whom -- this powerful and ...

Our urban problem is how to revive the reality of the outside as a dimension of human experience.Richard Sennett.

The purpose of this paper is to outline an ethics development activity that uses scenarios in university classes to further the knowledge, engagement, and enhancement of the ethical actions of the students. By starting with a brief review of the objective and use of scenarios in ethics research, the paper progresses to explain the activity, debrief the activity, and finally to provide an analysis of the activity with examples. Included in this activity are ways to incorporate a discussion of Kant’s (...) Categorical Imperative Theories, NCA Credo of Ethical Communication, and the use of videos for Milgram’s Blind Obedience and Stanford’s Prison studies—thus making this activity useful across all disciplines. (shrink)

In 1885, Holloway Sanatorium, an asylum for the ‘mentally afflicted of the middle classes’ opened in Egham, Surrey, 20 miles outside London. Until 1910, photographs of about a third of the patients—both those ‘Certified Lunatic by Inquisition’ and the ‘Voluntary Boarders’ who admitted themselves—were pasted into the asylum's case books. This paper analyses the photographs that were included in the very first of these, when there was a great uncertainty as to how to represent these patients, or whether to represent (...) them at all. The photographs are unlike any other institutional images of the period, and raise critical questions about the imagined incompatibility between documentary photography and personal agency. (shrink)

In this paper, I argue that stories about difference do not promote critical self and social understanding; rather, on the contrary, it is the way we understand ourselves that makes some stories relevantly different. I discuss the uncritical reception of a story about homosexuality in Cuba, urging attention to generalizations explaining judgments of importance. I suggest that some stories from the South will never be relevant to discussions about human flourishing until we critically examine ideas about freedom and democracy, and (...) their role in national identity, explaining the significance we give, or not, to such stories. (shrink)

That the pattern into which Lentricchia seeks to assimilate Stevens is politically charged becomes clearest when we turn to the following oddly incomprehensible statement: “In the literary culture that Stevens would create, the ‘phallic’ would not have been the curse word of some recent feminist criticism but the name of a limited, because male, respect for literature” . At the point where he makes this assertion, Lentricchia has been persuasively demonstrating that Stevens was “encouraged … to fantasize the potential social (...) authority of the literary as phallic authority” . But suddenly the critic’s measured discourse is disrupted by obviously personal feelings about the “curse word of some recent feminist criticism” and by a dazzlingly illogical definition of “respect for literature.” Such a disruption suggests that, in making his apparently objective argument about Stevens, Lentricchia has some other not so hidden agenda—and, of course, his peculiar decision to link his discussion of Stevens with an attack on The Madwoman in the Attic further supports this conclusion. What most strikingly reinforces the point, however, is the hysterical—or perhaps, with some recent feminist linguists, we should say “testerical”—rhetoric in which he couches his assault on our work.14 14. The term “testeria,” for male “hysteria,” is proposed by Juli Loesch in “Testeria and Penisolence—A Scourge to Humankind,” Aphra: The Feminist Literary Magazine, 4, 1 : 43-45; quoted in Casey Miller and Kate Swift, Words and Women: New Language in New Times , pp. 60-61. Sandra M. Gilbert, professor of English at Princeton University, and Susan Gubar, professor of English at Indiana University, are coauthors of No Man’s Land: The Place of the Woman Writer in the Twentieth Century, Volume I: The War of the Words , the first installment of a three-part sequel to their Madwoman in the Attic: The Woman Writer and the Nineteenth-Century Literary Imagination . They have also coedited The Norton Anthology of Literature by Women: The Tradition in English. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Medical Tourism:Crossing Borders to Access Health CareHarriet Hutson Gray (bio) and Susan Cartier Poland (bio)Traveling abroad for one's health has a long history for the upper social classes who sought spas, mineral baths, innovative therapies, and the fair climate of the Mediterranean as destinations to improve their health. The newest trend in the first decade of the twenty-first century has the middle class traveling from developed countries to (...) those with emerging economies to avoid treatment delays, prohibitive costs for life-saving procedures, or simply high costs for elective surgery. Others leave to have access to assisted suicide in countries that have legalized it: Belgium, The Netherlands, and Switzerland. This new era of globalization in health care has arrived without the benefit of international standards, government oversight, or ethical and legal review.Howard Staab, a self-employed carpenter from North Carolina, flew to India for his medically necessary heart surgery, scheduled a side trip to the Taj Mahal, and returned home to work in North Carolina. He spent a total of less than $10,000, instead of the $200,000 required from the local hospital (I, Milstein and Smith 2006).At first blush, the outsourcing of medical care to India seems to be a particular solution for a particular problem. However, the particularity of Mr. Staab is not unique. His experience is emblematic of those patients in the United States with a medical need for major and elective procedures, but who also must bear the total cost of these procedures. These middle-class, under-insured Americans go abroad.In tandem with increasingly aggressive marketing campaigns, American hospitals and companies have begun to leverage their connections in Asia to grow the medical tourism business into a major economic force. What are the consequences of this?Several authors point to the effect on the host country's population, particularly the poor, to be pushed farther down the queue to receive adequate, affordable care. Resources are applied to the foreign trade instead of building the local [End Page 193] medical infrastructure. Another potential problem is the obligation of the home-country physician to provide follow-up care. What are the legal ramifications when the procedure was illegal to begin with? Are there opportunities for redress for medical errors?These factors may be converging into a "perfect storm" for health care in the U.S., in which the potential participation of the major insurance companies in promoting offshore care will be the tipping point in the precarious structure that represents the economic currents in health care. Third-party administrators and self-funded employers may be on the cutting edge in 2009 by providing incentives to employees to travel overseas for care.I. Economic ConsiderationsConnell, John. Medical Tourism: Sea, Sun, Sand and... Surgery. Tourism Management 27: 1093–1100, 2006.As evidence of the interest of traditional tour operators in this newer twist on the industry, the author explores medical tourism as an element of the growth of world tourism. In promoting medical tourism, he urges consideration of such issues as the privatization of health care, the foundational role of technology, and uneven access to health resources.Dunn, Philip. Medical Tourism Takes Flight. H and HN: Hospitals and Health Networks: 40–44, November 2007.Writing for U.S. health care executives, Dunn emphasizes that the reality of medical tourism competes with the local medical center for patients and their insurance dollars in a significant way. He examines the possibility that U.S. insurance plans soon may offer to pay for what is currently a cash only business and that the economic impact to the local medical center could be significant or even devastating.Frontiers of Health Services Management [Selected Articles] 24 (2), Winter 2007.In "Managing Healthcare Services in the Global Marketplace" (pp. 3–18), Bruce J. Fried and Dean M. Harris consider legal, ethical, and financial implications of the international workforce. In "Globalization of Health Care" (pp. 19–30), Lynn Schroth and Ruthy Khawahja point out that the transfer of comprehensive management expertise and intellectual property from U.S. medical centers to international sites is driving the success of collaboration between U.S. and foreign health care centers. In "Is... (shrink)

In confronting the insalubrious ramifications of globalization, human rights scholars and activists have argued for greater national and international responsibility pursuant to the human right to health. Codified seminally in Article 12 of the International Covenant on Economic, Social and Cultural Rights, the right to health proclaims that states bear an obligation to realize the “highest attainable standard” of health for all. However, in pressing for the highest attainable standard for each individual, the right to health has been ineffective in (...) compelling states to address burgeoning inequalities in underlying determinants of health, focusing on individual medical treatments at the expense of public health systems. This article contends that the paradigm of individual health, focused on a right to individual medical care, is incapable of responding to health inequities in a globalized world and thereby hampers efforts to operationalize health rights through public health systems. While the right to health has evolved in international discourse over time, this evolution of the individual right to health cannot address the harmful societal ramifications of economic globalization. Rather than relying solely upon an individual right to medical care, envisioning a collective right to public health – a right applied at the societal level to address underlying determinants of health – would alleviate many of the injurious health inequities of globalization. (shrink)

Michael Levin, in Feminism and Freedom, argues that sex-stereotyping is inevitable and legitimate since there are innate non-anatomical differences between the sexes. He, further, believes that sex-stereotyping is compatible with members of both sexes acting freely and having equal opportunity in the job market and other areas of life. I will attack both claims, but I will particularly concentrate on the second one. I believe that Levin is only able to make his view sound plausible because of his minimal definitions (...) of “freedom” and “equal opportunity” which I shall argue are not acceptable. The result of his mistake is that he presents us with a false dilemma: We must choose between either a Libertarian ideal---which includes freedom, equal opportunity, the inevitable sex-stereotyping and resulting patriarchal society (since it cannot be eliminated voluntarily)---and Feminism---which denies the legitimacy of sex-stereotyping, insists that unequal outcome means inequality of opportunity and so supports a quota system, and attempts to accomplish its aims, at great cost, by depriving people of freedom. (shrink)

I examine five concerns held by the general population regarding human cloning and argue that they show either a misunderstanding about the process and/or result of cloning, or else ignorance about what we already do. Put differently, I argue that human cloning is not in principle more questionable than other current practices. However, I do have serious concerns about the uses to which the new technology will be put. I argue that the reasons currently proposed for human cloning are not (...) persuasive. My position is that human cloning is not objectionable in principle, but practical application of the technology raises serious concerns. In my opinion, present circumstances do not seem to warrant it. (shrink)

Interdisciplinary teaching can be a hard sell to the legal academic community. Over almost three decades, I have spoken at conferences on a variety of subjects. When I have presented on this particular topic, however, I have drawn my most meager crowds. Is it because we think interdisciplinary pedagogy is a bad idea, that we are ill-equipped, or that it is generally too difficult to do successfully? After a dozen years of creating and teaching an interdisciplinary course in law and (...) medicine, I confess that it is now my other, law-only courses that I feel I have to justify. Why is an interdisciplinary approach to teaching law the exception rather than the rule?My path to creating an interdisciplinary course in law and medicine began indirectly and with impatience at my own teaching of family law. I had been a professor of family law for decades, and I had developed a sophisticated set of simulations that asked students to negotiate a settlement in a marital dissolution case. (shrink)

This book makes the connection between early Buddhism and nature. Early Buddhism was a system of thinking which applied the universal laws of nature to human beings. It was not a religion. It was a comprehensive worldview. But after the first 400-500 years, it was slowly lost.

I understand humanism to be the meta-ethical view that there exist discoverable (nonmoral) truths about the human condition, that is, about what it means to be human. We might think that as long as I believe I am realizing my unique human potential, I cannot be reasonably contradicted. Yet when we consider systemic oppression, this is unlikely. Systemic oppression makes dehumanizing conditions and treatment seem reasonable. In this paper, I consider the nature of understanding—drawing in particular upon recent defenses of (...) realism in the philosophy of science—and argue that humanism makes sense if we recognize more thoroughly the role of cause and effect in practical deliberation. By this I mean the cause-and-effect relation between mind and body and between minds, bodies, and the world. Three philosophical sources—Marxism, Buddhism and Christianity—show what this might mean, as I indicate in the second half of the paper. (shrink)

Human tool behavior is species-specific. It remains a diagnostic feature of humans, even when comparisons are made with closely related non-human primates. The archaeological record demonstrates both the deep antiquity of human tool behavior and its fundamental role in distinguishing human behavior from that of non-human primates.