Ethical and legal discourse pertaining to the ability to consent to treatment and research in England operates within a dualist framework of “competence” and “capacity”. This is confusing, as while there exists in England two possible senses of legal capacity – “first person” legal capacity and “delegable” legal capacity, currently neither is formulated to bear a necessary relationship with decision-making competence. Notwithstanding this, judges and academic commentators frequently invoke competence to consent in discussions involving the validity of offering or withholding (...) consent as a synonym for legal capacity to consent. I argue that this gives rise to a conflation, jeopardising clarity and consistency in law. This is somewhat less problematic in instances of “first-person” legal capacity that are heavily informed by criteria for decision-making competence than in the second sense of legal capacity, which is qualitatively different from decision-making competence, or with first-person legal capacity when defined in different terms from competence. The paper concludes by proposing that the soundest resolution to this problem is by making decision-making competence a necessary and sufficient condition of first-person legal capacity, affording a more scrupulous distinction between the two different forms of legal capacity that exist. (shrink)

Husserlian phenomenology, as the study of conscious experience, has often been accused of solipsism. Husserl’s method, it is argued, does not have the resources to provide an account of consciousness of other minds. This chapter will address this issue by providing a brief overview of the multiple angles from which Husserl approached the theme of intersubjectivity, with specific focus on the details of his account of the concrete interpersonal encounter – “empathy.” Husserl understood empathy as a direct, quasi-perceptual form of (...) intentionality through which the sense of the Other is constituted. Furthermore, his account of empathy is holistically integrated with his overall theory of intersubjectivity, including his discussions of the objectivity of nature, and the social, historical, and communal aspects of subjectivity. Husserl’s theory of empathy continues to cast a long shadow, influencing both the analytic and continental approaches to the problem of other minds, as well as contemporary account of social cognition in the cognitive sciences. (shrink)

This article draws on the antebellum political thought of Black abolitionists Frederick Douglass and Martin Delany in critically assessing the efficacy of reasonableness in advancing the aims of emancipatory politics in political discourse. I argue, through a reading of Douglass and Delany, that comporting oneself reasonably in the face of oppressive ideology can be counterproductive, if one’s aim is to undermine such ideology and the institutions it supports. Douglass and Delany, I argue, also provide us with a framework for evaluating (...) alternative discursive strategies we might wish to employ in light of the limited value of reasonableness for emancipatory politics. (shrink)

_Time_ offers a comprehensive history of the philosophy of time in western philosophy from the Greeks through to the twentieth century. In the first half of the book, Philip Turetzky explores theories in ancient and modern philosophy chronologically: from Aristotle to Nietzsche. In the latter half, Turetzky describes the philosophy of time in three twentieth-century philosophical traditions: * analytic philosophy including philosophers such as McTaggart and Mellor * phenomenology Husserl and Heidegger * a distaff tradition which Turetzky identifies as (...) including Bergson and Deleuze. (shrink)

This paper addresses the problem of the strategies and theories of democratic participation in Nigeria that breed institutional marginality and bad governance due to shortfalls in pursuing the values of justice and empowerment as core democratic characteristics. The same democratic principles such as voting, parliament, constitution, judiciary, that are suggestive of gains such as responsible use, and peaceful transfer of power may not have translated fully into sociopolitical empowerment for responsibility and representation in evolving democratic practice in Nigeria due to (...) problems of agency and political ideology. Democratic theorizing and participation in Nigeria has defied orthodox presuppositions seen in the disrespect for basic rights and the disregard for the rule of law in democracy that allow for fair play within and among the elites and political grassroots. Thus this study investigates the Nigerian predicament as a model or case study, raising questions about the reasons for the systematic disempowerment of groups. (shrink)

The questions -- The purpose of morality and law -- The past and the future -- What is religion? -- What is the rule of law? -- The families of religion : western religions -- The families of religion : eastern religions -- The families of law -- A brief tour of secular law -- Money, banks and corporations -- Secularisation and religious decline -- Reasons for the decline of religiosity -- Secularisation of government -- The rise of the lawyers (...) -- Who rules the world : lawyers or economists? -- What is wrong with the law? -- Scientific progress and the law -- A way of living -- A billion years from now. (shrink)

ABSTRACT Constitutive panpsychism is the doctrine that macro-level consciousness—that is, consciousness of the sort possessed by certain composite things such as humans—is built out of irreducibly mental features had by some or all of the basic physical constituents of reality. On constitutive panpsychism, changes in macro-level consciousness amount to changes in either the way that micro-conscious entities ‘bond’ or the way that micro-conscious qualities ‘blend’. I pose the ‘Selection Problem’ for constitutive panpsychism—the problem of explaining how high-level functional states of (...) the brain ‘select’ micro-conscious qualities for bonding or blending. I argue that there are no empirically plausible solutions to this problem. (shrink)

In Working Virtue: Virtue Ethics and Contemporary Moral Problems, leading figures in the fields of virtue ethics and ethics come together to present the first ...

We provide empirical examples to conceptually clarify some items on Firestone & Scholl’s (F&S’s) checklist, and to explain perceptual effects from an attentional and memory perspective. We also note that action and embodied cognition studies seem to be most susceptible to misattributing attentional and memory effects as perceptual, and identify four characteristics unique to action studies and possibly responsible for misattributions.

The actualism/possibilism debate in ethics concerns the relationship between an agent’s free actions and her moral obligations. The actualist affirms, while the possibilist denies, that facts about what agents would freely do in certain circumstances partly determines that agent’s moral obligations. This paper assesses the plausibility of actualism and possibilism in light of desiderata about accounts of blameworthiness. This paper first argues that actualism cannot straightforwardly accommodate certain very plausible desiderata before offering a few independent solutions on behalf of the (...) actualist. This paper then argues that, contrary to initial appearances, possibilism is subject to its own comparably troubling blameworthiness problem. (shrink)

The _Platform Sutra_ records the teachings of Hui-neng, the Sixth Patriarch, who is revered as one of the two great figures in the founding of Ch'an (Zen) Buddhism. This translation is the definitive English version of the eighth-century Ch'an classic. Phillip B. Yampolsky has based his translation on the Tun-huang manuscript, the earliest extant version of the work. A critical edition of the Chinese text is given at the end of the volume. Dr. Yampolsky also furnishes a lengthy and detailed (...) historical introduction which contains much information hitherto unavailable even to scholars, and provides the context essential to an understanding of Hui-neng's work. He gives an account of the history and legends of Ch'an Buddhism, with particular attention to the traditions associated with Hui-neng, quoting or summarizing the most important narratives. He then discusses the various texts of the _Platform Sutra_, and analyzes its contents. (shrink)

For liberal contractarians, moral and political principles are justified if agreeable to persons as free and equals. But for critics of liberal contractarianism, this justification applies only to those capable of agreement. Understanding why contractarianism suffers from the problem of exclusion helps up understand the distinctive character of contractarianism and the importance of agreement in particular. I suggest contractarianism need not be objectionably exclusive. I first consider why agreement is important in contractarianism, and then introduce the main versions of contemporary (...) contractarianism and their different understandings of agreement. I discuss how agreement results in exclusion in each, and distinguish two kinds of response to the problem of exclusion: differential inclusion and permissive inclusion. Differential inclusion is unsuccessful because it offers those not fully capable of agreement unequal status. Permissive inclusion may either make the circumstances of agreement more open, or characterize the capacities required for inclusion more permissively. I advocate the latter as the most promising response to the problem of exclusion. I outline a more inclusive contractualism based on the capacity to share goals. (shrink)

Introduction -- Constructing social identity through discourse : a socio-rhetorical approach for the study of Valentinian paraenesis -- Defining paraenesis I : historical phases within the academic study of paraenesis -- Defining paraenesis II : towards a functional understanding of paraenesis -- Literary aspects of paraenesis : indicators of moral exhortation from the Greco-Roman world within Valentinianism -- Two schools and the call to reconciliation : literary and social aspects of moral exhortation in the Interpretation of knowledge -- Existing in (...) error : literary and social aspects of moral exhortation in the Gospel of truth -- Conclusion. (shrink)

A and B continue their conversation concerning the Identity of Indiscernibles. Both are aware of recent critiques of the principle that haven’t received replies; B summarizes those critiques, and A offers the replies that are due. B then raises a new worry.

It is intuitive that free action depends on consciousness in some way, since behavior that is unconsciously generated is widely regarded as un-free. But there is no clear consensus as to what such dependence comes to, in part because there is no clear consensus about either the cognitive role of consciousness or about the essential components of free action. I divide the space of possible views into four: the Constitution View (on which free actions metaphysically consist, at least in part, (...) in phenomenally conscious episodes of a special sort), the Causal-Dependence View (on which free actions are necessarily caused by conscious episodes), the Counterfactaul-Dependence View (on which free actions necessarily counterfactually dependent on conscious episodes of certain types), and the Independence View (on which there are no necessary dependence-relations that hold between free action and conscious episodes). After surveying recent empirical literature that purports to show that consciousness plays a smaller role in generating action than is usually supposed, I conclude that it is plausible that free action depends on consciousness in two ways. First, free action causally depends on consciousness control. Second, free action counterfactually depends on the agent's being responsive to certain reasons. (shrink)

This book introduces Christian ethics from a theological perspective. Philip Turner, widely recognized as a leading expert in the field, explores the intersection of moral theology and ecclesiology, arguing that the focus of Christian ethics should not be personal holiness or social reform but the common life of the church. A theology of moral thought and practice must take its cues from the notion that human beings, upon salvation, are redeemed and called into a life oriented around the community (...) of the church. This book distills a senior scholar's life work and will be valued by students of Christian ethics, theology, and ecclesiology. (shrink)

For several decades Rafael Capurro has been at the forefront of defining the relationship between information and modernity through both phenomenological and ethical formulations. In exploring both of these themes Capurro has re-vivified the transcultural and intercultural expressions of how we bring an understanding of information to bear on scientific knowledge production and intermediation. Capurro has long stressed the need to look deeply into how we contextualize the information problems that scientific society creates for us and to re-incorporate a pragmatic (...) dimension into our response that provides a balance to the cognitive turn in information science. -/- With contributions from 35 scholars from 15 countries, Information Cultures in the Digital Age focuses on the culture and philosophy of information, information ethics, the relationship of information to message, the historic and semiotic understanding of information, the relationship of information to power and the future of information education. This Festschrift seeks to celebrate Rafael Capurro’s important contribution to a global dialogue on how information conceptualisation, use and technology impact human culture and the ethical questions that arise from this dynamic relationship. (shrink)

From idealism to phenomenology -- Existential phenomenology: Heidegger -- From hermeneutics to post-structuralism.

Angela Mendelovici’s book The Phenomenal Basis of Intentionality is a paradigm-establishing monograph within the phenomenal intentionality research program. Mendelovici argues that extant theories of intentionality that do not appeal to consciousness are both empirically and metaphysically inadequate, and a coherent, consciousness-based alternative can adequately explain (or explain away) all alleged cases of intentionality. While I count myself a fellow traveler, I discuss four choice-points where Mendelovici has taken, I believe, the wrong fork. (1) The explanatory relation that holds between intentional (...) and phenomenal properties is not identity but realization. (2) The mechanism that generates derivatively representational states is not content self-ascription but neural re-wiring. (3) The source of semantic structure within phenomenal-intentional states is not external structure and/or second-order co-instantiation but primitive phenomenal ascription. (4) The mode of presence of contents within phenomenal-intentional states is not being part of a superficial characterization, but being monadically present as an intentional object. (shrink)

Distinctive features of culture industries suggest that women culture workers face formidable barriers to career advancement. Using longitudinal data on the careers of screenwriters, we examine gender inequality in the labor market for writers of feature films. We hypothesize and test three different models of labor market dynamics and find support for a model of cumulative disadvantage whereby the gender gap in earnings grows as men and women move through their careers. We suggest that the transition of screenwriting from a (...) mixed to a male-dominated occupation parallels the “empty field” phenomenon described in a study by Tuchman of nineteenth-century novelists. The institutionalization of male dominance of the film industry in the 1930s and the typecasting of women writers has had a lasting impact on gender inequality, which shows little change through the early 1990s. (shrink)

Building on more than two decades offeminist analysis of the family, this article takes a neoinstitutionalist approach to examine some of the ways that sex, gender, and sexual orientation intersect in lesbianheaded two-parent families, affecting how they construct their roles as mothers. Institutionalist theory tends to de-emphasize how actors deliberately construct social arrangements such as parenting roles within the family. The authors' analysis of interviews from 14 lesbian mothers remedies this deficiency by focusing both on how they draw upon and (...) transform institutionalized scripts, practices, and understandings of family roles and relations. Their findings reveal how these mothers reinscribed gendered understandings while simultaneously challenging heteronormative ones in their efforts to construct and maintain socially viable two-parent families. (shrink)

Examines rationality from Aristotle to Foucault, seeking to place reason in a historical context within the Western tradition.

I discuss three tiers of technological innovation: mild innovation, or the acceleration by technology of a human activity aimed at a good; moderate innovation, or the obviation by technology of an activity aimed at a good; and radical innovation, or the altering by technology of the human condition so as to change what counts as a good. I argue that it is impossible to morally assess proposed innovations within any of these three tiers unless we rehabilitate a natural-law ethical framework. (...) And I offer some moral starting points within such a framework, in connection with innovations of each of the three types. (shrink)

A ‘Ulysses arrangement’ (UA) is an agreement where a patient may arrange for psychiatric treatment or non-treatment to occur at a later stage when she expects to change her mind. In this article, I focus on ‘competence-insensitive’ UAs, which raise the question of the permissibility of overriding the patient’s subsequent decisionally competent change of mind on the authority of the patient’s own prior agreement. In “The Ethical Justification for Ulysses Arrangements”, I consider sceptical and supportive arguments concerning competence-insensitive UAs, and (...) argue that there are compelling reasons to give such UAs serious consideration. In “Decisional Competence and Legal Capacity in UAs”, I examine the nature of decisional competence and legal capacity as they arise in UAs, an issue neglected by previous research. Using the distinctions which emerge, I then identify the legal structure of a competence-insensitive UA in terms of the types of legal capacity it embodies and go on to explain how types of legal capacity might be shared between the patient and a trusted other to offer support to the patient in the creation and implementation of a competence-insensitive UA. This is significant because it suggests possibilities for building patient support mechanisms into models of legal UAs, which has not addressed in the literature to date. Drawing on this, in “Using Insights from the Competence/Capacity Distinction to Enhance Patient Support in UAs”, I offer two possible models to operationalize competence-insensitive UAs in law that allow for varying degrees of patient support through the involvement of a trusted other. Finally, I outline some potential obstacles implementing these models would face and highlight areas for further research. (shrink)

In this article, I argue for a novel understanding of compassion—what I call a ‘compassion towards thriving’ approach—to inform public mental health ethics. The argument is developed through two main parts. In the first part, I develop an account of compassion towards thriving that builds upon Martha Nussbaum’s philosophical work on compassion. This account expands the ambit of compassion from a focus on the alleviation of existing suffering to the prevention of potential future suffering through the facilitation of personal growth (...) based on a ‘psychosocial’ understanding of mental health. In the second part of the article, I discuss the aims of public mental health and examine compassion towards thriving’s normative synergies with existing approaches in public health ethics. I explain how compassion towards thriving supports a vision of public health ethics which is concerned with solidarity, social justice and flourishing. I then apply this compassion towards thriving approach to evaluate the ‘Every Mind Matters’ public mental health campaign in England, highlighting its affinities with the ethos of the campaign. I also identify and explain two ways in which the application of a compassion towards thriving approach could enhance its delivery. (shrink)

The adoption of web-based telecare services has raised multifarious ethical concerns, but a traditional principle-based approach provides limited insight into how these concerns might be addressed and what, if anything, makes them problematic. We take an alternative approach, diagnosing some of the main concerns as arising from a core phenomenon of shifting trust relations that come about when the physician plays a less central role in the delivery of care, and new actors and entities are introduced. Correspondingly, we propose an (...) applied ethics of trust based on the idea that patients should be provided with good reasons to trust telecare services, which we call sound trust. On the basis of this approach, we propose several concrete strategies for safeguarding sound trust in telecare. (shrink)

This volume is dedicated to the drawing of the implications of the contemporary 'post-secular' social transformation for education. Contributions discuss such topics as the mystical tradition and its social and pedagogic implications; transformative and ecological education; and the relations between secular and religious education in different local contexts.

David Lewis [1988; 1996] canvases an anti-Humean thesis about mental states: that the rational agent desires something to the extent that he or she believes it to be good. Lewis offers and refutes a decision-theoretic formulation of it, the 'Desire-as-Belief Thesis'. Other authors have since added further negative results in the spirit of Lewis's. We explore ways of being anti-Humean that evade all these negative results. We begin by providing background on evidential decision theory and on Lewis's negative results. We (...) then introduce what we call the indexicality loophole: if the goodness of a proposition is indexical, partly a function of an agent's mental state, then the negative results have no purchase. Thus we propose a variant of Desire-as-Belief that exploits this loophole. We argue that a number of meta-ethical positions are committed to just such indexicality. Indeed, we show that with one central sort of evaluative belief--the belief that an option is right--the indexicality loophole can be exploited in various interesting ways. Moreover, on some accounts, 'good' is indexical in the same way. Thus, it seems that the anti-Humean can dodge the negative results. (shrink)

Arendt Contra Sociology re-assesses the relationship between Hannah Arendt's work and the theoretical foundations of sociology, bringing her insights to bear on key themes within contemporary theoretical sociology. Departing from the view of Arendt as a political theorist who sought to rescue politics from society, and political theory from the social sciences, this book re-examines her distinctions between labour, fabrication and action as a theory of the fundamental ontology of human societies, revisiting her criticism of the tendency of many sociological (...) paradigms to conflate the activity of fabrication with that of action. (shrink)

This paper explores the role of moral uncertainty in explaining the morally disruptive character of new technologies. We argue that existing accounts of technomoral change do not fully explain its disruptiveness. This explanatory gap can be bridged by examining the epistemic dimensions of technomoral change, focusing on moral uncertainty and inquiry. To develop this account, we examine three historical cases: the introduction of the early pregnancy test, the contraception pill, and brain death. The resulting account highlights what we call “differential (...) disruption” and provides a resource for fields such as technology assessment, ethics of technology, and responsible innovation. (shrink)

I aim to illuminate foundational epistemological issues by reflecting on 'epistemic consequentialism'—the epistemic analogue of ethical consequentialism. Epistemic consequentialism employs a concept of cognitive value playing a role in epistemic norms governing belief-like states that is analogous to the role goodness plays in act-governing moral norms. A distinction between 'direct' and 'indirect' versions of epistemic consequentialism is held to be as important as the familiar ethical distinction on which it is based. These versions are illustrated, respectively, by cognitive decision-theory and (...) reliabilism. Cognitive decision-theory is defended, and various conceptual issues concerning it explored. A simple dilemma suggests that epistemic consequentialism has radical consequences. (shrink)

This paper develops a philosophical account of moral disruption. According to Robert Baker, moral disruption is a process in which technological innovations undermine established moral norms without clearly leading to a new set of norms. Here I analyze this process in terms of moral uncertainty, formulating a philosophical account with two variants. On the harm account, such uncertainty is always harmful because it blocks our knowledge of our own and others’ moral obligations. On the qualified harm account, there is no (...) harm in cases where moral uncertainty is related to innovation that is “for the best” in historical perspective or where uncertainty is the expression of a deliberative virtue. The two accounts are compared by applying them to Baker’s historical case of the introduction of mechanical ventilation and organ transplantation technologies, as well as the present-day case of mass data practices in the health domain. (shrink)

The notion of risk plays a central role in economics, finance, health, psychology, law and elsewhere, and is prevalent in managing challenges and resources in day-to-day life. In recent work, Duncan Pritchard (2015, 2016) has argued against the orthodox probabilistic conception of risk on which the risk of a hypothetical scenario is determined by how probable it is, and in favour of a modal conception on which the risk of a hypothetical scenario is determined by how modally close it is. (...) In this article, we use Pritchard’s discussion as a springboard for a more wide-ranging discussion of the notion of risk. We introduce three different conceptions of risk: the standard probabilistic conception, Pritchard’s modal conception, and a normalcy conception that is new (though it has some precursors in the psychological literature on risk perception). Ultimately, we argue that the modal conception is ill-suited to the roles that a notion of risk is required to play and explore the prospects for a form of pluralism about risk, embracing both the probabilistic and the normalcy conceptions. (shrink)

This paper sets out an account of trust in AI as a relationship between clinicians, AI applications, and AI practitioners in which AI is given discretionary authority over medical questions by clinicians. Compared to other accounts in recent literature, this account more adequately explains the normative commitments created by practitioners when inviting clinicians’ trust in AI. To avoid committing to an account of trust in AI applications themselves, I sketch a reductive view on which discretionary authority is exercised by AI (...) practitioners through the vehicle of an AI application. I conclude with four critical questions based on the discretionary account to determine if trust in particular AI applications is sound, and a brief discussion of the possibility that the main roles of the physician could be replaced by AI. (shrink)