Awarding rights to rivers, forests, and other environmental entities (EEs) is a new and increasingly popular approach to environmental protection. The distinctive feature of such rights of nature (RoN) legislation is that direct duties are owed to the EEs. This paper presents a novel rebuttal of the strongest argument against RoN: the no interest argument. The crux of this argument is that because EEs are not sentient, they cannot possess the kinds of interests necessary to ground direct duties. Therefore, (...) they cannot be legitimate rights-bearers. After considering and rejecting standard responses to this argument, the paper challenges its fundamental assumption: that rights-correlative duties must be grounded in the interests of the rights-bearer. The paper then presents the RoN critic with a dilemma. The critic must either accept that EEs are legitimate rights-bearers, or delegitimise many well-established rights-bearers along with EEs. Either way, the no interest argument loses its force. (shrink)

The research project of common sense or folk behavior for the specific purposes of advancing epistemology has quickly become one of the largest in experimental philosophy. This chapter explains some of this work as it relates to two positions in epistemology: contextualism and interest relative invariantism (IRI). Naturally, questions arise about the relevance of folk behavior to debates in epistemology. First, there is the dialectical issue concerning the extent to which epistemologists have in fact relied on ordinary behavior in (...) defending their theories. Second, in the cases where epistemologists have made such appeals, people can ask if they have been correct in doing so. And third, assuming correctness in this regard, there is a question about which experimental methods, if any, are pertinent for understanding folk behavior. It is taken takes for granted that epistemologists appeal to ordinary usage and that their doing so in fact informs epistemology. (shrink)

This work consists of two parts. Part I will be a contribution to a philo- sophical discussion of the nature of causal explanation. It will present my contrastive counterfactual theory of causal explanation and show how it can be used to deal with a number of problems facing theories of causal explanation. Part II is a contribution to a discussion of the na- ture of interest explanation in social studies of science. The aim is to help to resolve some (...) controversies concerning interest explanation by explicating the concept of interest and its explanatory uses by using the account of explanation developed in Part I. (shrink)

In defending his interest-relative account of knowledge in Knowledge and Practical Interests (2005), Jason Stanley relies heavily on intuitions about several bank cases. We experimentally test the empirical claims that Stanley seems to make concerning our common-sense intuitions about these bank cases. Additionally, we test the empirical claims that Jonathan Schaffer seems to make in his critique of Stanley. We argue that our data impugn what both Stanley and Schaffer claim our intuitions about such cases are. To account for (...) these results, one must develop a better conception of the connection between a subject's interests and her body of knowledge than those offered by Stanley and Schaffer. (shrink)

Beneficence is a foundational ethical principle in medicine. To provide benefit to a patient is to promote and protect the patient’s wellbeing, to promote the patient’s interests. But there are different conceptions of wellbeing, emphasizing different values. These conceptions of wellbeing are contrary to one another and give rise to dissimilar ideas of what it means to benefit a patient. This makes the concept of beneficence ambiguous: is a benefit related to the patient’s goals and wishes, or is it a (...) matter of objective criteria that constitute wellbeing? This paper suggests a unified conception of wellbeing for use in medicine to determine what counts as a benefit. Two components of wellbeing are identified: (1) objective functioning/health and (2) the patient’s view of her own good. The paper explores how to apply, balance, and weigh these components in clinical situations to determine what counts as a benefit to a patient. (shrink)

Owing to a genral dissatisfaction with hedonistic theories of value, a number of recent discussions have sought to identify an agent's selfinterest, individual utility, or personal welfare with what the agent most wants to do, all things considered. Two features of these accounts merit special attention for the argument in this paper. First, on such accounts any desire or aversion which persists in the face of complete information is logically relevant to the determination of an agent's self interest. This (...) includes apparently altruistic desires like a desire for another's happiness as well as more narrow and self-regarding desires like a desire to eat a good meal. Second, when the agent finds himself in a situation where he must choose between incompatible desires, his informed preference determines the act which is most in his self-interest. (shrink)

The future of health research will be characterised by three continuing trends: rising demand for health data; increasing impracticability of obtaining specific consent for secondary research; and decreasing capacity to effectively anonymise data. In this context, governments, clinicians and the research community must demonstrate that they can be responsible stewards of health data. IRBs and RECs sit at heart of this process because in many jurisdictions they have the capacity to grant consent waivers when research is judged to be of (...) particular value. However, several different terms are used to refer to this value, indicating a lack of conceptual clarity regarding the appropriate test for access to health data for research without consent. In this paper we do three things. First we describe the current confusion and instability in terminology relating to public interest in the context of consent waivers. Second we argue for harmonisation of terminology on the grounds of clarity, transparency and consistency. Third we argue that the term ‘public interest’ best reflects the normative work required to justify consent waivers because it is the broadest of the competing terms. ‘Public interest’ contains within its scope positive and negative implications of a study, as well as welfare, justice and rights considerations. In making this argument, we explain the normative basis for consent waivers, and provide a starting place for further discussion about the precise conditions in which a given study can be said to advance the public interest. Ipsos MORI study found that: … the public would be broadly happy with administrative data linking for research projects provided Those projects have social value, broadly defined. Data are de-identified. Data are kept secure. Businesses are not able to access the data for profit. (shrink)

Self-Interest and Public Interest in Western Politics showed that the public, politicians, and bureaucrats are often public spirited. But this does not invalidate public-choice theory. Public-choice theory is an ideal type, not a claim that self-interest explains all political behavior. Instead, public-choice theory is useful in creating rules and institutions that guard against the worst case, which would be universal self-interestedness in politics. In contrast, the public-interest hypothesis is neither a comprehensive explanation of political behavior nor (...) a sound basis for institutional design. (shrink)

The goal of the following study is to investigate whether first-year students in STEM fields that have a low proportion of females (STEM-L) show vocational interests that fit their vocational aspirations. To place our investigation into a broader context, we compared students in STEM-L with students of STEM subjects with a medium proportion of women (STEM-M) as well as with other subjects with a medium or a high proportion of females. We analyzed their vocational interests, vocational aspirations and their (...) class='Hi'>interest congruence. In both the comparison regarding interest profiles and the comparison of vocational aspirations, we focused on the things-orientation and people-orientation, all while taking respective gender differences into account. Following the suggestion from previous studies, in a further step we differentiated between subjects within STEM-L. Using data from the German National Educational Panel Study (NEPS), we analyzed the interest congruence of 5530 male and 7406 female students in STEM majors (with a low or medium proportion of women) and non-STEM majors (with a medium or high proportion of women). Students from different subjects showed different magnitudes regarding their things- and people-orientation. STEM-L students had a high things-orientation and a low people-orientation regarding both their interests and aspired occupations. Students of STEM-L and STEM-M showed a lower interest congruence than students from other subjects. With the exception of education, gender differences regarding the people- and things-orientation also existed within most of the subjects. Gender differences partly remain when distinguishing between the different subjects within STEM-L. And so, the result that not all STEM-L subjects are “created equal” is discussed in the context of their theoretical and methodological aspects. (shrink)

This is an interesting attempt to tackle that most emotional of all subjects—the abortion debate. Taking as her basis Tooley's well known discussion on abortion, Martin sets out to provide an account of the intrinsic morality of ….

In this essay, we address an important problem in the ethics of cultural engagement: the problem of giving a systematic account of when and why outsider use of insider cultural material is permissible or impermissible. We argue that many scholars rely on a problematic notion of collective ownership even when they claim to be disavowing it. After making this case, we motivate an alternative framework for thinking about cultural exchange, which we call the core interests framework. We conclude with some (...) reflections on how this framework helps to raise interesting questions about the most promising accounts of wrongful cultural appropriation. (shrink)

It is widely agreed that the view of informed consent found in the regulations and guidelines struggles to keep pace with the ever-advancing enterprise of human subjects research. Over the last 10 years, there have been serious attempts to rethink informed consent so that it conforms to our considered judgments about cases where we are confident valid consent has been given. These arguments are influenced by an argument from Gopal Sreenivasan, which apparently shows that a potential participant9s consent to research (...) participation can be perfectly valid even if she fails to understand the risk-benefit profile of the study. I argue that Sreenivasan9s argument fails. The set of clinical trials that is supposed to be ethical in the face of this kind of ignorance is empty. However, I argue that his argument is nonetheless instructive in allowing us to identify three important but neglected areas for future conceptual research on informed consent. I close by arguing that research on these identified questions promises to yield a defensible view of consent, lessen the burden of ambiguity on researchers attempting to obtain consent to research participation, and facilitate socially valuable research. (shrink)

Disclosure of financial interests in scientific research is the centerpiece of the new conflict of interest regulations issued by the U.S. Public Health Service and the National Science Foundation that became effective October 1, 1995. Several scientific journals have also established financial disclosure requirements for contributors. This paper measures the frequency of selected financial interests held among authors of certain types of scientific publications and assesses disclosure practices of authors. We examined 1105 university authors (first and last cited) from (...) Massachusetts institutions whose 789 articles, published in 1992, appeared in 14 scientific and medical journals. (shrink)

I argue that interesting experiences are experientially valuable in the same fashion as pleasant experiences, yet that the interesting is nonetheless a distinct value from the pleasant. Insofar as it challenges the hedonist’s assumption that pleasure and pain are the only evaluative dimensions of our phenomenological experiences, my argument here serves both as a defense of the value of the interesting and as an important critique of hedonism.

abstract Microcredit is often hailed as an effective way of alleviating poverty. In recent years, however, microfinance institutions have been the target of much criticism due to their comparatively high interest rates (which may be as high as 70–100% per annum). This paper discusses whether it can be morally justified to charge very high rates of interest when lending money to the poor. Arguments are drawn from contemporary as well as historical debates on usury, exploitation, egalitarianism and consequentialism. (...) It is conceded that it would be preferable if interest rates could be reduced, but it is argued that typical microlenders today do nothing wrong in setting their rates at the current levels. Instead the responsibility rests on governments, commercial banks and overseas investors to facilitate an environment where rates could be reduced. (shrink)

Self-Interest before Adam Smith inquires into the foundations of economic theory. It is generally assumed that the birth of modern economic science, marked by the publication of The Wealth of Nations in 1776, was the triumph of the 'selfish hypothesis'. Yet, as a neo-Epicurean idea, this hypothesis had been a matter of controversy for over a century and Smith opposed it from a neo-Stoic point of view. But how can the Epicurean principles of orthodox economic theory be reconciled with (...) the Stoic principles of Adam Smith's philosophy? Pierre Force shows how Smith's theory refutes the 'selfish hypothesis' and integrates it at the same time. He also explains how Smith appropriated Rousseau's 'republican' critique of modern commercial society, and makes the case that the autonomy of economic science is an unintended consequence of Smith's 'republican' principles. (shrink)

We present a dynamic model of the evolution of communication in a Lewis signaling game while systematically varying the degree of common interest between sender and receiver. We show that the level of common interest between sender and receiver is strongly predictive of the amount of information transferred between them. We also discuss a set of rare but interesting cases in which common interest is almost entirely absent, yet substantial information transfer persists in a *cheap talk* regime, (...) and offer a diagnosis of how this may arise. -/- . (shrink)

This article provides an understanding and defence of ‘best interests’. The analysis is performed in the context of, and is informed by, English law. The understanding that develops allows for differences in values, and is thus argued to be appropriate in a pluralist liberal system. When understood properly, it is argued, best interests provides the best means of decision-making for people deemed incompetent to decide for themselves. It is accepted that some commentators are cynical of best interests in practice. Following (...) an assessment of some of their principal concerns, it is suggested that best interests in fact provides a construct that is both defensible and desirable. (shrink)

(2017) 'Interest and Agency', in Gabriel, Markus and Rasmussen, Anders Moe (eds.) German Idealism Today. De Guyter Verlag. -/- Abstract: Undeterred by Kant’s cautionary advice, contemporary defenders of free will advance substantive metaphysical theses in support of their views. This is perhaps unsurprising given the mixed reception of Kant’s solution of the conflict between freedom and natural necessity, which is supposed to vindicate reason’s withdrawal from speculation. Kant argues that neither libertarians nor determinists can win, because they deal with (...) concepts of unrestricted scope, and proposes instead to regiment the reference conditions of each concept and to specify the domain, ‘world’, proper to each. However, the precise character of this solution, its conceptual and metaphysical commitments, continues to be a matter of controversy among Kant scholars. In particular, there is ever-renewed concern about the incipient dualism of the position. Although I will be examining some of this material, my primary aim in this paper is not to make a contribution to the interpretative debate about the antinomy. Rather, I want to draw on two lessons from Kant’s treatment of the antinomy to argue for the importance of a certain way of putting the problem of human freedom. (shrink)

The American states have demonstrated varying levels of support for animal rights legislation. The activities of interest groups, including pressures from competing groups, help to explain the presence or absence of ten pro-animal regulations and laws. This article analyzes and ranks each of the fifty states with regard to ten key areas of animal protection and welfare legislation. The analysis reveals that states with a more agricultural economic base are less likely to provide protection to animals. In addition, states (...) with a more traditional political culture are less likely to have pro-animal legislation in place. (shrink)

Over the last few decades, empirical researchers have become increasingly interested in explaining the formation of “basic” aesthetic judgments, i.e. simple judgments of sensory preferability and the pleasure that seems to accompany them. To that end, Reber et al. have recently defended a “processing-fluency” view, which identifies aesthetic pleasure with one’s ability to easily process an object’s perceptual properties (e.g. Reber 2012 ). While the processing-fluency theory is certainly an improvement over its competitors, it is currently vulnerable to several serious (...) criticisms. In what follows, I aim to provide a more holistic, explanatorily robust, model of the processing-fluency theory of aesthetic pleasure by incorporating what the view neglects: the crucial role of perceptual disfluency, interest, and the underlying values that drive aesthetic appraisal. (shrink)

The COVID-19 pandemic is putting the NHS under unprecedented pressure, requiring clinicians to make uncomfortable decisions they would not ordinarily face. These decisions revolve primarily around intensive care and whether a patient should undergo invasive ventilation. Certain vulnerable populations have featured in the media as falling victim to an increasingly utilitarian response to the pandemic—primarily those of advanced years or with serious existing health conditions. Another vulnerable population potentially at risk is those who lack the capacity to make their own (...) care decisions. Owing to the pandemic, there are increased practical and normative challenges to following the requirements of the Mental Capacity Act 2005. Both capacity assessments and best interests decisions may prove more difficult in the current situation. This may create a more paternalistic situation in decisions about the care of the cognitively impaired which is at risk of taking on a utilitarian focus. We look to these issues and consider whether there is a risk of patients who lack capacity to make their own care decisions being short-changed. (shrink)

ABSTRACT Self-Interest and Public Interest in Western Politics showed that the public, politicians, and bureaucrats are often public spirited. But this does not invalidate public-choice theory. Public-choice theory is an ideal type, not a claim that self-interest explains all political behavior. Instead, public-choice theory is useful in creating rules and institutions that guard against the worst case, which would be universal self-interestedness in politics. In contrast, the public-interest hypothesis is neither a comprehensive explanation of political behavior (...) nor a sound basis for institutional design. (shrink)

I defend interest-relative invariantism from a number of recent attacks. One common thread to my response is that interest-relative invariantism is a muchweaker thesis than is often acknowledged, and a number of the attacks only challenge very specific, and I think implausible, versions of it. Another is that a number of the attacks fail to acknowledge how many things we have independent reason to believe knowledge is sensitive to. Whether there is a defeater for someone's knowledge can be (...) sensitive to all manner of features of their environment, as the host of examples from the post-Gettier literature shows. Adding in interest-sensitive defeaters is a much less radical move than most critics claim it is. (shrink)

The connection of value-experience with activity has led to the widespread modern tendency to interpret value in terms of interest. To value a thing is certainly to take an interest in it, and there can be no doubt that the value any object has for us tends to vary with the interest we take in it. The suggestion readily arises, therefore, that the value of any object simply is the interest we take in it. The difficulty (...) with views of this type is that interest is a distinctly subjective category while value is persistently spoken of as if it were somehow objective. Indeed, the term “value” would lose the most essential element of its meaning if it could not be applied to objects of common knowledge in such a way that two people could significantly discuss the question as to whether the object A is not more valuable than the object B and each, on the basis of his own interest and experience, defend a different view. I do not think the subjectivity of value can be as easily disposed of as does Laird1 in discussing the argument, “Beauty is not in the aurora. Therefore it is in the beholder's mind.” This, he says, leads to the absurdity, “Therefore the beholder's mind is beautiful.” The apparent absurdity is due to the ambiguity of the term “beautiful.” It is applied either to an experience or to the object of that experience. (shrink)

The relationship between libertarianism and state is a contested one. Despite pressing full and strict ownership of one’s person and any justly acquired goods, many libertarians have suggested ways in which a state, albeit limited, can be regarded as just. Peter Vallentyne has proposed that all plausible versions of libertarianism are compatible with what he calls ‘private-law states’. His proposal is underpinned by a particular conception of rights, which brings Interest Theory of rights and Will Theory of rights together. (...) If convincing, Vallentyne’s theory of rights enables libertarians to accommodate a limited but nevertheless coercive state that can act without the full consent of the affected citizen. In this paper, it is argued that Vallentyne’s hybrid theory of rights is implausible from a libertarian perspective as well as fails to align itself with common and deeply held moral intuitions. Hence the conflict between mainstream libertarianism and the state is not solved by Vallentyne’s proposal. (shrink)

THE PROBLEM OP KNOWLEDGE l CONCEPTIONS OF KNOWLEDGE An immediate difficulty which faces any discussion of the present kind is that there are so many ...

The ‘best interests’ standard is a highly seductive standard in English law. Not only does it appear to be fairly uncontroversial but it also presents as the most sensible, objective and ‘fair’ method of dealing with decision making on behalf of those who are perceived to be the most vulnerable within society. This article aims to provide a critical appraisal of how the standard has been applied within family law, to outline how the standard is to be applied within healthcare (...) law and, finally, to assess the relevance of the family law experience of the best interests standard to the operation of the standards as envisaged by the MCA. (shrink)

This review both praises Richard Miller's book--a thoughtful, judicious, and comprehensive analysis of bioethics for the pediatric age group, notably the first effort worthy of the name--and points out the work still to be done in this area, work firmly based in and illuminated by Miller's ground-breaking thesis. Specifically, the book rightly compels us to recognize obligations of beneficence as primary and to refocus on the child's basic interests, rather than putative "best" interests. There remains much to be done in (...) defining and discerning basic interests and in distinguishing whose interests are on the table when decisions are being made for seriously ill and dying children. (shrink)

There are 4 main arguments for euthanasia: (1) arguments appealing to consistency (e.g., from passive to active euthanasia); (2) the argument from respect for autonomy; (3) appeals to justice; and (4) the argument from interests (mercy or relief of suffering). I will argue that only the last is directly relevant to active euthanasia as a medical intervention, though arguments together from autonomy and justice can in practice (through the backdoor) provide a ground for voluntary active medical euthanasia (AME).

Pragmatic encroachment theories have a problem with evidence. On the one hand, the arguments that knowledge is interest-relative look like they will generalise to show that evidence too is interest-relative. On the other hand, our best story of how interests affect knowledge presupposes an interest-invariant notion of evidence. -/- The aim of this paper is to sketch a theory of evidence that is interest-relative, but which allows that ‘best story’ to go through with minimal changes. The (...) core idea is that the evidence someone has is just what evidence a radical interpreter says they have. And a radical interpreter is playing a kind of game with the person they are interpreting. The cases that pose problems for pragmatic encroachment theorists generate fascinating games between the interpreter and the interpretee. They are games with multiple equilibria. To resolve them we need to detour into the theory of equilibrium selection. I’ll argue that the theory we need is the theory of risk-dominant equilibria. That theory will tell us how the interpreter will play the game, which in turn will tell us what evidence the person has. The evidence will be interest-relative, because what the equilibrium of the game is will be interest-relative. But it will not undermine the story we tell about how interests usually affect knowledge. (shrink)

In this article I will show that ‘best interests’ is a concept that fits nicely with many of the features of pragmatism—Holm and Edgar’s rejection of the principle in favour of pragmatism it will be suggested is misplaced. ‘Best interests’ as a principle may be considered an embodiment of the ideals of pragmatic adjudication. The paper starts by briefly introducing the concept of ‘best interests’ and theories of judicial and legal ‘pragmatism’. This article will examine the role of the rational (...) decision-maker in medical law and argue that this role is limited. The paper concludes by suggesting how we view the relationship between ‘best interests’ and ‘pragmatism’. (shrink)

In our lives, we aim to achieve welfare for ourselves, that is, to live good lives. But we also have another, more impartial perspective, where we aim to balance our concern for our own welfare against a concern for the welfare of others. This is a perspective of justice. Nils Holtug examines these two perspectives and the relations between them.

Medical decisions for children are usually justified by the claim that they are in a child's best interests. More recently, following criticisms of the best interests standard, some advocate that the family's interests should influence medical decisions for children, although what is meant by family interests is often not made clear. I argue that at least two senses of family interests may be discerned. There is a ‘weak’ sense of family interests and a ‘strong’ sense. I contend that there are (...) problems with both approaches in making medical decisions for children but that the weak sense is more plausible. Despite this, I argue that claims for family interests are not helpful in making medical decisions for children. (shrink)

Some rights are so important for human autonomy and well-being that many scholars insist they should not be waived, traded, or abandoned. Privacy is a recent addition to this list. At the other end of the spectrum is the belief that privacy is a mere unimportant interest or preference. This paper defends a middle path between viewing privacy as an inalienable, non-waivable, non-transferrable right and the view of privacy as a mere subjective interest. First, an account of privacy (...) is offered that clarifies the concept and demonstrates how privacy is directly related to human health and well-being. Second, along with considering and rejecting several accounts for why privacy might be considered an inalienable right, an argument is offered for why it is morally permissible to waive, transfer, abandon, or alienate privacy. (shrink)

In what follows I consider whether the idea of a person's interest or good might be better understood through that of care or concern for that person for her sake, rather than conversely, as is ordinarily assumed. Contrary to desire-satisfaction theories of interest, such an account can explain why not everything a person rationally desires is part of her good, since what a person sensibly wants is not necessarily what we would sensibly want, insofar as we care about (...) her. First, however, a tale: There was no other explanation which seemed reasonable. … [W]as it not reasonable to assume that he meant never to claim his birth-right? If this were so, what right had he, William Cecil Clayton, to thwart the wishes, to balk the self-sacrifice of this strange man? If Tarzan of the Apes could do this thing to save Jane Porter from unhappiness, why should he, to whose care she was intrusting her whole future, do aught to jeopardize her interests? (shrink)

Philosophical anthropology is the philosophical study of the conditions of human existence and the issues that confront people in the conduct of their everyday lives. This book surveys, from a contemplative, philosophical point of view, a wide variety of human-interest issues, including happiness, luck, aging, the meaning of life, optimism and pessimism, morality, and faith and belief. The author's deliberations blend historical, theoretical, and personal perspectives into philosophical appreciation of the human condition. The philosophers of Greek antiquity took philosophy (...) to center around just this issue of intelligent living - of determining the nature of life under the guidance of reason. Such a perspective puts philosophical agenda - a position it contested with the philosophy of nature throughout classical antiquity. In more recent times, however, its prominence has declined - no doubt, the author suggests, because modern man's achievements have been more notable in the natural than in the human science. (shrink)

In this paper, I discuss the aetiological account of biological interests, developed by Varner, in the context of artefactual organisms envisioned by current research in synthetic biology. In “Sections 2–5”, I present Varner's theory and criticise it for being incapable of ascribing non-derivative interests to artefactual organisms due to their lack of a history of natural selection. In “Sections 6–7”, I develop a new alternative to Varner's account, building on the organisational theory of biological teleology and function. I argue that (...) the organisational account of biological interest is superior to Varner's aetiological account because it can accommodate both artefactual and naturally evolved organisms, provides a non-arbitrary and practical way of determining biological interests, supports the claim that organisms have interests in a sense in which artefacts do not, and avoids the possibility of there being a conflict between what an organismic part is supposed to do and what is in the interest of the organism. (shrink)

Draft (Version 1.1, October 2007): (PDF file) A reply to Jason Stanley’s Analysis criticism of my interest-relative view on vagueness.

This paper focuses on 3 features of Freyenhagen's Aristotelian version of Adorno. (a) It challenges the strict negativism Freyenhagen finds in Adorno. If we have morally relevant interests in ourselves, it is implicit that we have a standard by which to understand what is both good and bad for us (our interests). Because strict negativism operates without reference to what is good, it seems to be detached from real interests too. Torture, it is argued, is, among other things, a violation (...) of those interests. (b) Freyenhagen identifies the “impulse” in Adorno as an untutored yet moral reaction to morally demanding situations. The plausibility of this primitivism and its compatibility with Adorno's general worries about immediacy are considered. (c) The disruptive character of Adorno's version of the categorical imperative, its willingness to complicate action through wholesale reflection on the norms of what we are committing ourselves to, is set in contrast with Freyenhagen's Aristotelian claim that certain notions, such as “humanity,” cannot be intelligibly questioned. (shrink)

This paper is a response to a paper by John Coggon ‘Best Interests, Public Interest, and the Power of the Medical Profession'. It argues that certain legal judgements in relation to best interests seek to change and curtail the role of the medical profession in this arena while simultaneously extending the jurisdiction of the courts. It also argues that we must guard against replacing one professional standard, that of the medical profession, with another, that of the judiciary in this (...) area. (shrink)