This chapter is divided into three parts. First I outline what makes something an objective list theory of well-being. I then go on to look at the motivations for holding such a view before turning to objections to these theories of well-being.

Taking a critical look at some of the recent controls over human life, health, and death, Fletcher draws a vivid picture of contemporary biological needs and ethical responsibility. Genetic engineering, fetal research, abortion, suicide, human experimentation, infanticide, and euthanasia are some of the issues explored.

Gils-Schmidt and Salloch recognise that human and climate health are inextricably linked, and that mitigating healthcare-associated climate harms is essential for protecting human health.1 They argue that physicians have a duty to consider how their own practices contribute to climate change, including during their interactions with patients. Acknowledging the potential for conflicts between this duty and the provision of individual patient care, they propose the application of Korsgaard’s neo-Kantian account of practical identities to help navigate such scenarios. In this commentary, (...) we argue that by focusing attention on this physician–patient level, the authors overlook the complexity of climate change, both within the healthcare sector and beyond. We recognise the importance of individual agency in tackling this issue, and we also recognise that the authors do briefly acknowledge the importance of considering these broader complexities; however, we emphasise the need for climate and health discussions/action to be situated in a wider framework of systemic change. Our concern is that overemphasis on patient-level interactions risks normalising the prioritisation of individual-level approaches to addressing climate change, detracting from such a broader approach. Physician training emphasises the need for trust, confidentiality and shared decision-making in the doctor–patient relationship. …. (shrink)

Claims about needs are a ubiquitous feature of everyday practical discourse. It is therefore unsurprising that needs have long been a topic of interest in moral philosophy, applied ethics, and political philosophy. Philosophers have devoted much time and energy to developing theories of the nature of human needs and the like. -/- Philosophers working on needs are typically committed to the idea that there are different kinds of needs and that within the different kinds of needs is a privileged class (...) of needs that is especially normatively significant. -/- Some philosophers go further and make rather grand claims about needs. They claim that needs are central or fundamental to moral thinking and that we must have a needs-centred moral theory or a general reorientation of moral philosophy around needs. -/- In this paper I aim to do two things. First, to show how applying recent work on modal terms can help us to understand thought and talk about needs. This is the positive part. I then use these ideas to cast doubt on the more ambitious claims about needs. Put briefly, a proper understanding of claims about needs undermines the idea that the concept of needs is fundamental in moral thought or in moral philosophy. Ambitious needs theory fails. (shrink)

This is a new edition of Joseph Fletcher's 1966 work that ignited a firestorm of controversy at the time of its publication.

This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition, which will be published by Oxford in three volumes, the first of which is scheduled to appear in January of 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.

In this paper I argue that the Canberra Plan is ill-equipped to offer a satisfactory theory of gender. Insofar as the Canberra Plan aims to provide a general and unified approach to philosophical theorising, this is a significant problem. I argue that this deficit in their method stems from the robust role assigned to pre-theoretical beliefs in constructing philosophical analyses. I utilise a critical conception of ideology to explain why our pre-theoretic beliefs about certain social kinds are likely to deliver (...) politically dubious metaphysics of the social world. The first half of the paper is dedicated to exercising this theoretical shortcoming. In the second half, I suggest a way in which the Canberra Plan can address and rectify this problem, with a view to maintaining the theoretical viability of the Canberra Plan with respect to politically important concepts. (shrink)

Hastings Center Report, Volume 52, Issue S1, Page S3-S11, March‐April 2022.

Recent national calls for ethical, legal, and social implications (ELSI) research to “assess and address how ethical, historical, social, economic, legal, regulatory, socio-cultural, and contextual...

The Covid‐19 pandemic has revealed myriad social, economic, and health inequities that disproportionately burden populations that have been made medically or socially vulnerable. Inspired by state and local governments that declared racism a public health crisis or emergency, the Anti‐Racism in Public Health Act of 2020 reflects a shifting paradigm in which racism is considered a social determinant of health. Indeed, health inequities fundamentally rooted in structural racism have been exacerbated by the Covid‐19 pandemic, which calls for the integration of (...) antiracist praxis to promote ethical public health research processes. This commentary describes ways in which antiracist praxis—which emphasizes empowerment of traditionally marginalized populations—offers strategies to explicitly address power imbalance, stigmatization, and other consequences of structural racism in public health research. (shrink)

In this one-of-a-kind text, George P. Fletcher, a renowned legal theorist, offers a provocative yet accessible overview of the basics of legal thought. The first section of the book is designed to introduce the reader to fundamental concepts such as the rule of law and deciding cases under the law. It continues with an analysis of the values of justice, desert, consent, and equality, as they figure into our judgment of legal cultures in terms of soundness and legitimacy. The (...) final chapters address the problems of morality and consistency in the law. In each case the author not only introduces the basic ideas but considers important arguments in the contemporary literature and raises original claims of his own. Ideally suited for courses in the philosophy of law, legal issues, and jurisprudence, Basic Concepts of Legal Thought fills a void in the literature, as there is no other volume that both eases law students into the mysteries of legal philosophy and provides an introduction to the legal mind for non-lawyers. (shrink)

Preterm birth is defined as delivery occurring before 37 weeks gestation.1 Infants born prematurely have increased risks of morbidity and mortality throughout life, especially during the first year. These risks increase as the gestational age at birth decreases.2 Additionally, there are significant racial and ethnic differences in preterm birth rates. In 2022, the rate of preterm birth among non-Hispanic black women was approximately 50% higher than that observed in non-Hispanic white women.1 The outcomes for these infants are also disparate–preterm birth (...) and low birth weight are the second-leading causes of infant mortality (deaths before 1 year of age). Notably, among preterm neonates, infants born to non-Hispanic black women have a mortality rate more than double that of infants born to non-Hispanic white mothers.3 Importantly, there is a small but significant group of neonates that can be classified as severely premature (those born <28 weeks). Infants born before 28 weeks have varied and uncertain outcomes. While this group accounts for only 0.4% of preterm births, it also accounts for 40% of deaths among preterm neonates.4 As noted by Romanis and Adkins, the advent of artificial amnion and placenta technology (AAPT) holds promise for its potential to address the physiologic complications and mortality risks of extreme prematurity by introducing amniotic substitutes that mimic in vivo placental oxygenation and substrate delivery. In contrast …. (shrink)

Psychology, no less, than Psycho-Analysis claims to be a science. Notwithstanding that, its explanations are more probably characterized by its aesthetic nature. Moreover, the compelling dimension belongs intrinsically to the Freudian theory. This, however, doesn't argue against a systematical study of its concepts.Tanto a psicologia como a psicanálise têm a pretensão de serem ciências. Contudo, suas explicações parecem ser mais estéticas do que científicas. Em Freud, a dimensão da persuasão é parte inerente de sua teoria. O que não impede, contudo, (...) que se possam determinar com precisão os movimentos internos dos seus conceitos. (shrink)

Angus Fletcher is one of our finest theorists of the arts, the heir to I. A. Richards, Erich Auerbach, Northrop Frye. This, his grandest book since the groundbreaking Allegory of 1964, aims to open another field of study: how thought--the act, the experience of thinking--is represented in literature. Recognizing that the field of formal philosophy is only one demonstration of the uses of thought, Fletcher looks for the ways other languages (and their framing forms) serve the purpose of (...) certain thinking activities. What kinds of thinking accompany the writing of history? How does the gnomic sentence manage to represent some point of belief? The fresh insights Fletcher achieves at every turn suggest an anatomy of poetic and fictional strategies for representing thought--the hazards, the complications, the sufferings, the romance of thought. Fletcher's resources are large, and his step is sure. The reader samples his piercing vision of Milton's Satan, the original Thinker, leaving the pain of thinking as his legacy for mankind; Marvell's mysteriously haunting "green thought in a green shade"; Old Testament and Herodotus, Vico and Coleridge; Crane, Calvino, Stevens. Fletcher ranges over the heights of literature, poetry, music, and film, never losing sight of his central line of inquiry. He includes comments on the essential role of unclear, vague, and even irrational thinking to suggest that ideas often come alive as thoughts only in a process of considerable distress. In the end he gives us literature--not the content of thought, but its form, its shape, the fugitive colors taken on by the mind as represented in art. (shrink)

In this one-of-a-kind text, George P. Fletcher, a renowned legal theorist, offers a provocative yet accessible overview of the basics of legal thought. The first section of the book is designed to introduce the reader to fundamental concepts such as the rule of law and deciding cases under the law. It continues with an analysis of the values of justice, desert, consent, and equality, as they figure into our judgment of legal cultures in terms of soundness and legitimacy. The (...) final chapters address the problems of morality and consistency in the law. In each case the author not only introduces the basic ideas but considers important arguments in the contemporary literature and raises original claims of his own. Ideally suited for courses in the philosophy of law, legal issues, and jurisprudence, Basic Concepts of Legal Thought fills a void in the literature, as there is no other volume that both eases law students into the mysteries of legal philosophy and provides an introduction to the legal mind for non-lawyers. (shrink)

In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent (...) legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice. (shrink)

Scholars have long puzzled about how to reconcile the proposal in Republic V that women should share the education and work of men, including ruling, with the deeply misogynistic comments found in the Republic and throughout Plato’s corpus. Even those who doubt that the proposal represents a sincere recognition of the women’s equality with men must provide a plausible explanation for this radical departure from the norms of Plato’s day. Taking inspiration from Annie Larivée’s application of Michèle Le Doeuff’s notion (...) of déshérence to the Republic and the Politicus, I argue that a new appreciation of the importance of childrearing motivates the reimagination of women’s work in the Republic. On this reading, the transformation of childrearing from a private undertaking of mostly women to a shared responsibility of the city as a whole protects young children from moral corruption at the hands of uneducated and morally inferior mothers and nurses. (shrink)

This paper is an investigation into the logic of information flow. The basic perspective is that logic flows in virtue of constraints and that constraints classify channels connecting particulars In this paper we explore some logics intended to model reasoning in the case of idealized information flow, that is, where the constraints involved are exceptionless. We look at this as a step toward the far more challenging task of understanding the logic of imperfect information flow, that is where the constraints (...) admit of exceptional connections. This paper continues and amplifies work presented by the same authors in [10]. (shrink)

Abstract As religious-environmental awareness in the United States becomes more widespread, many faith-based institutions find themselves unaware of the range of environmental actions that they can take, and methods for organizing their efforts for greatest impact. This essay conceptualizes Spirit, Stewardship, and Justice as organizing values for understanding religious-environmental efforts. The essay then reviews environmental action steps that faith-based institutions can take, including the integration of environmental focus into worship, religious education, spiritual practices, energy and water conservation, food practices, waste (...) management, toxics reduction, environmental justice education, alliance building, advocacy, and community organizing. The essay concludes with a review of research on community-based social marketing and organizational transformation, offering these as methods for increasing the impact of religious efforts to address energy and protect the environment. (shrink)

I'll say first why I write. It intrigues me, I wonder why I write. How it is that I write and why it's so important. I take this as an act of life. One thing that scares me as a writer is a Lari song “ndombi ku ndombi sadidi mukanda komanda diandi Matsoua Ndele.” That can be translated as “even a black can write, hey, things are progressing. “ In the beginning going to school was considered an enormous act, it (...) was civilization, it was the very center of civilization, and writing a letter for a black person, a poor black, was a grandiose thing. It was in Matsoua's time, in the forties, that people sang this song in the pool to make rubber. (shrink)

The phenomenon of altruism extends from the biological realm to the human sociocultural realm. This article sketches a coherent outline of multiple types of altruism of progressively increasing scope that span these two realms and are grounded in an ever-expanding sense of “self.” Discussion of this framework notes difficulties associated with altruism at different levels. It links scientific ideas about the evolution of cooperation and about hierarchical order to perennial philosophical and religious concerns. It offers a conceptual background for inquiry (...) into societal challenges that call for altruistic behavior, especially the challenge of environmental and social sustainability. (shrink)

Freud, em 1891, ao estudar a afasia, vai contra a concepção dominante na época, que era anatômica. Mais tarde, em 1893, começa a pensar a histeria como um tipo de afasia. O que mostra a estreita vinculação entre a teoria freudiana sobre o aparelho psíquico e a linguagem entendida como fala.

Lu Xun is considered by many scholars the most influential modern Chinese writer, likened to Tolstoy, Shakespeare and Goethe in both scope and cultural impact, to the extent that Lu Xun scholarship has earned its own formal appellative: ‘Luxunology’. This impact is due not only to the initial impact of Lu Xun's fiction, but also greatly to Mao Zedong's use of Lu Xun during the Cultural Revolution. The history of Lu Xun's early fiction is analogous to the various historical manifestations, (...) and original ‘spirit’, of Marxism. Through close readings of Lu Xun's early fiction, and then detailing the relationship between Mao Zedong's use of Lu Xun in the Cultural Revolution, I will explore Jacques Derrida's 1993 work Specters of Marx, especially focusing on Derrida's distinction between the ‘spirit’ and the ‘spectre’. (shrink)

Amalgamating evidence from heterogeneous sources and across levels of inquiry is becoming increasingly important in many pure and applied sciences. This special issue provides a forum for researchers from diverse scientific and philosophical perspectives to discuss evidence amalgamation, its methodologies, its history, its pitfalls, and its potential. We situate the contributions therein within six themes from the broad literature on this subject: the variety-of-evidence thesis, the philosophy of meta-analysis, the role of robustness/sensitivity analysis for evidence amalgamation, its bearing on questions (...) of extrapolation and external validity of experiments, its connection with theory development, and its interface with causal inference, especially regarding causal theories of cancer. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Phenomenology and Modern Behavioral PsychologyLindsay B. Fletcher (bio) and Steven C. Hayes (bio)Keywordsacceptance, contextualism, defusion, relational-frame-theoryPérez-Álvarez and Sass (2008) deserve praise for examining the philosophical roots of clinical psychological science. Modern psychology has moved away from the development of philosophy and theory that is needed to ground scientific investigation within a coherent system. The result is increasingly ill-defined constructs and research programs that each operate within their own (...) divergent paradigm. B.F. Skinner is one of the few modern experimental behavioral psychologists who attempted to build a coherent science of behavior based on observable events with testable hypotheses. Acceptance and Commitment Therapy (ACT; Hayes, Strosahl, and Wilson 1999) and its associated basic science of cognition, Relational Frame Theory (RFT; Hayes, Barnes-Holmes, and Roche 2001), build on Skinner’s work to produce a more progressive science.Psychology and philosophy are different disciplines and how they are approached is defined by the objective. The purpose of philosophy from a scientific point of view is not the same as from a philosophical point of view. It is fine to compare radical behaviorism and phenomenology, but it seems important to ask whether and how this will lead to a more progressive science of behavior.In this commentary, we discuss the philosophy and theory that underlie ACT/RFT and show how they reflect on the relevant points made by the authors regarding the shared features of phenomenology and radical behaviorism. We make two adjustments to the explanation of radical behavioral concepts presented in the current paper to create a more coherent analysis. Finally, we show here how the development of a theory based on applied goals directly informs the methods used in clinical settings.Philosophical AssumptionsThe field of behavior analysis that originated with Skinner has different strands. Some are holistic and pragmatic, whereas others are elementalistic and mechanistic (Hayes, Hayes, and Reese 1988). ACT is based on an a-ontological philosophy termed functional contextualism (Hayes 1993), which views behavior analysis from a holistic and pragmatic perspective. Functional contextualism (AKA radical behaviorism) shares some of the assumptions of phenomenology, as has long been noted (Day 1969). For example, Pérez-Álvarez and Sass (2008) identify a-dualism, or monism, as a common feature. In functional contextualism, the whole is divided into functional units for the purpose of prediction and influence. A three-term contingency (antecedent–behavior–consequence) in behavior analysis is viewed as a [End Page 255] whole event with pragmatically distinguishable aspects, not an assemblage. As the authors point out, this results in a dialectic tension between stimulus control, action, and reinforcer because none are distinct units, and each is defined with reference to the others much as the front of a coin cannot exist without the back. These are not ontological entities, but functional units that are abstracted from the whole for pragmatic purposes. What is “radical” about radical behaviorism is that the philosopher, psychologist, or researcher participates in the event they are observing, and their own acts of scientific observation are identified based on their own functional properties.Behavioral ThinkingIn the service of further developing this philosophical and theoretical foundation and considering it along side phenomenology, we need to examine two aspects of the target article. The first regards the role of the environment in shaping behavior that is central to behavioral and contextual theories. The authors object to behaviorism’s notion of environment and suggest replacing it with the concept of the world, stating that “animals have environment, but man has world.” What is missing is an account of that shift. We believe that modern behavior analysis provides that account.Similarly, the paper argues that “reinforcers are not just things that follow behavior, but also, and above all, values that guide our life.” Again what is missing is an account of the precise behavioral basis for the distinction.In an attempt to do this, the authors incorrectly analyze operant behavior as future oriented, even appealing to final causality. In the three-term contingency, the discriminative stimulus sets the occasion for reinforcement of a particular behavior. The behavior of interest has been reinforced in similar contexts in the past, which gives... (shrink)

Amid the highly industrialized, export-focused food system of the Canadian prairies, some farmers and consumers are turning to localized agriculture as an alternative—they are “going local”. Despite farmers’ obvious importance to the food system, surprisingly little research has examined their motivations and reasons for localization. To date, most local food scholarship in North America has focused on either consumers’ motivations to buy local or the systemic aspects of local food, such as regulations, infrastructure, and marketing arrangements. Existing research suggests that (...) local food systems are supported by consumers’ rejection of the industrial paradigm and desire to connect with their food and its source. But what drives farmers to localize, particularly when export-focused production is firmly entrenched as the status quo? Based on interviews and focus groups with 60 farmers, processors, policy experts, and retailers in the Canadian prairie province of Saskatchewan, this paper examines local food systems from the producer perspective in a rural context of high industrialization and geographical dispersion. We examine what motivates farmers to produce for local markets, and what forces they must resist to do so. The findings indicate that farmers’ main motivations for localization are political and social in nature, and stem from a critique of the dominant neoliberal agri-food system. We map farmers’ agential responses to this dominant system on a spectrum that ranges from acceptance of a neoliberal “feed the world” ideology to promotion of food sovereignty. Drawing on farmers’ perspectives, our findings question the straightforward equation of local food with environmental sustainability and also challenge neoliberal economic assumptions of “scaling up”. (shrink)

Whether ethics is too important to be left to the experts or so important that it must be is an age-old question. The emergence of clinical ethicists raises it again, as a question about professionalism. What role clinical ethicists should play in healthcare decision making – teacher, mediator, or consultant – is a question that has generated considerable debate but no consensus.