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Abortion Rights as Religious Freedom

"This excellent books is bound to stir debate on the abortion issue and to occupy a rather distinctive position." —R.G. Frey, Bowling Green State University With the current composition of the Supreme Court and recent challenges to Roe v. Wade, Peter S. Wenz's new approach to the ethical, moral, and legal issues related to a woman's right to elective abortion may turn the tide in this debate. He argues that the Supreme Court reached the right decision in Roe v. Wade but for the wrong reasons. Wenz contends that a woman's right to terminated her pregnancy should be based, not on her constitutional right to privacy, but on the constitutional guarantee of religious freedom, a basis for freedom of choice that is not subject to the legal criticisms advanced against Roe. At least up to the 20th week of a pregnancy, one's belief whether a human fetus is a human person or not is a religious decision. He maintains that because questions about the moral status of a fetus are religious, it follows that anti-abortion legislation, to the extent that it is predicated on such "inherently religious beliefs," is unconstitutional. In this timely and topical book, Wenz also examines related cases that deal with government intervention in an individual's procreative life, the regulation of contraceptives, and other legislation that is either applied to or imposed upon select groups of people (e.g., homosexuals, drug addicts). He builds a concrete argument that could replace Roe v. Wade. Reviews "In this important study of abortion and the Constitiution, legal philosopher Peter Wenz contends that Roe v. Wade was wrongly argued but well conlcuded. Wenz presents a substantial review of Supreme Court decisions on abortion, then critically exposes flaws, including the privacy justification for abortion as well as the trimester scheme. —Religious Studies Review "In this major work, Peter Wenz has analyzed the relation of the Constitution's religion clauses to the abortion controversy. His principal contribution is to shift the argument from the right of privacy (invoked, he believes, unsuccessfully in Roe v. Wade) to the Establishment Clause. The Court's concern in Roe was whether the statute unduly burdened a fundamental right. But tested by the Establishment Clause, statutes may violate the Constitution by implicitly endorsing a religious belief, namely, the personhood of the unborn. Wenz concludes that the Establishment Clause permits abortions prior to the twenty-first week of pregnancy." —C. Herman Prichett, Professor of Political Science Emeritus, University of California, Santa Barbara "This is an original and scholarly exposition of the view that abortion rights fall under the religion clauses of the First Amendment. The view defended is an important alternative to the privacy defense upon which the Roe v. Wade decision was based and should help to expand the ethical and constitutional debate about abortion rights." —Mary Anne Warren, Associate Professor of Philosophy, San Francisco State University, and author of Gendercide: The Implications of Sex Selection Contents Preface Introduction Roe v. Wade under Attack • Individual Rights and Majority Rule • Constitutional Interpretation • Preview of Chapters 1. The Derivation of Roe v. Wade Economic Substantive Due Process • Due Process and the Family • Contraception and Privacy in Griswold v. Connecticut • Contraception and Privacy in Eisenstadt v. Baird • Blackmun's Privacy Rationale in Roe v. Wade • Stewart's Due Process Rationale in Roe v. Wade • Tribe on Substantive Due Process • Conclusion 2. Potentiality and Viability The Roe v. Wade Decision • The Concept of Viability in Abortion Cases • Dividing the Gestational Continuum • The Genetic Approach to Personhood • Viability versus Similarity to Newborns • Two Consequentialist Arguments • Feminism and Viability • Conclusion 3. The Evolution of "Religion" Religion in the Abortion Debate • The Original Understanding of the Religion Clauses • The Evolution of Religion Clause Doctrine • Incorporation of the Religion Clauses • From Belief to Practice • Alleviating Indirect Burdens on Religious Practice • Expanding the Meaning of "Religion" • The Original Understanding View • Bork: Conservative or Moderate? • Conflicts between the Religion Clauses • The Elusive Meaning of "Religion" • Conclusion 4. The Definition of "Religion" The Adjectival Sense of Religion • Religious Beliefs Independent of Organized Religions • Religious Belief as Fundamental to Organized Religion • Secular Beliefs Related to Material Reality • Secular Beliefs Related to Social Interaction • Secular Facts versus Secular Values • The Court's Characterizations of Secular Beliefs • Secular (Nonreligious) Belief • The Epistemological Standard for Distinguishing Religious from Secular Belief • Judicial Examples of Religious Beliefs • General Characteristics of Religious Beliefs • Summary 5. "Religion" in Court The Epistemological Standard Applied • Cults and Crazies • Secular Religions • Tensions between the Religion Clauses • The Unitary Definition of "Religion" 6. Fetal Personhood as Religious Belief Anti-Contraception Laws and the Establishment Clause • Belief in the Existence of God • Belief in the Personhood of Young Fetuses • Distinguishing Religious from Secular Determinations of Fetal Personhood • Religious versus Secular Uncertainty • Environmental Preservation and Animal Protection versus Fetal Value • Greenawalt's Argument • The Reach of Secular Considerations • Secular versus Religious Matters • Conclusion 7. The Regulation of Abortion The Trimester Framework and Its Exceptions • O'Connor's Objections to the Trimester Framework • Superiority of the Establishment Clause Approach to the Trimester Framework • Required Efforts to Save the Fetus • The Neutrality Principle • Appropriate Judicial Skepticism • Undue Burdens and Unconstitutional Endorsements • Conclusion 8. Abortion and Others Public Funding of Abortion • The Establishment Clause Approach to Public Funding • The Court's Funding Rationale • The Court's Inconsistent Rationale • Publicly Funded Family Planning Clinics • Spousal Consent • The Court's Flawed Parental Consent Rationale • Information Requirements • Spousal and Parental Consent • The Establishment Clause Approach: Medical Dimension • The Establishment Clause Approach: Religious Dimension • Implications of the Establishment Clause Approach • The Court's Inconsistency • Equivalent Results • Parental Notification • Conclusion Conclusion Justice Scalia's View • The Fundamental Flaw in Roe • The Rationale for the Establishment Clause Approach • Advantages of the Establishment Clause Approach Notes Glossary of Terms Annotated Table of Cases Bibliography Index About the Author(s): Peter S. Wenz is Professor of Philosophy and Legal Studies at Sangamon State University.

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Action, Ethics, and Responsibility

Edited by Joseph Keim Campbell, Michael O'Rourke, and Harry S. Silverstein

Leading philosophers explore responsibility from a variety of perspectives, including metaphysics, action theory, and philosophy of law.

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The Aesthetics of Environment

"Not since Thoreau has an American author displayed such a profound appreciation for the aesthetics of nature; but, unlike Thoreau, Berleant has designed a program for allowing others to join in on that appreciation." —E. F. Kaelin, Professor of Philosophy, Florida State University Environmental aesthetics is an emerging discipline that explores the meaning and influence of environmental perception and experience on human life. Arguing for the idea that environment is not merely a setting for people but fully integrated and continuous with us, Arnold Berleant explores the aesthetic dimensions of the human-environment continuum in both theoretical terms and concrete situations. Insisting on the need to reconceptualize environment and recognize its aesthetic implications, he pursues a variety of topics and approaches to environmental aesthetics. Aesthetic experience, maintains Berleant, is always contextual. Recognizing that humans, along with all other things, inhabit a single intraconnected realm, he names the quality of engagement as the foremost characteristic of environmental perception. Berleant moves from natural to nonnatural environments, suggesting that the aesthetic aspect of any human habitat is an essential part of its desirability. From outer space to the museum, from architecture to landscape, from city to wilderness, this book discovers in the aesthetic perception of environment the reciprocity that constitutes both person and place. "Arnold Berleant's Aesthetics of Environment poses an important path for philosophy to walk down—instead of environmental ethics, where what is right and wrong in nature is discussed, he goes after the difficult destination of deciding how to articulate what is beautiful in the nature we want, not the nature we see." —Human Ecology Review "Berleant's new environmental aesthetics is a challenge not only to the philosophers but also to the practitioners of environment-making. With rich illustrations and freedom from technical jargon, Berleant applies his new aesthetics to analyzing and solving the practical problems concerning various environmental designs of today." —Canadian Philosophical Review "A pioneering contribution to this discipline. It raises a large number of challenging questions and suggests new dirrections in the analysis of the environment as an aesthetic category." —Michael H. Mutias, Professor of Philosophy, Millsaps College

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Affirmative Action and the University

"This book is recommended for anyone interested in understanding, questioning, articulating, and acting on the basis of their own and others' perspectives on sexism, racism, and affirmative action in American higher education." —Choice While equal opportunity for all candidates is widely recognized as a goal within academia, the implementation of specific procedures to achieve equality has resulted in vehement disputes regarding both the means and ends. To encourage a reexamination of this issue, Cahn asked three prominent American social philosophers—Leslie Pickering Francis, Robert L. Simon, and Lawrence C. Becker—who hold divergent views about affirmative action, to write extended essays presenting their views. Twenty-two other philosophers then respond to these three principal essays. While no consensus is reached, the resulting clash of reasoned judgments will serve to revitalize the issues raised by affirmative action. Contents Introduction – Steven M. Cahn Part I 1. In Defense of Affirmative Action – Leslie Pickering Francis 2. Affirmative Action and the University: Faculty Appointment and Preferential Treatment – Robert L. Simon 3. Affirmative Action and Faculty Appointments – Lawrence C. Becker Part II 4. What Good Am I? – Laurence Thomas 5. Who "Counts" on Campus? – Ann Hartle 6. Reflections on Affirmative Action in Academia – Robert G. Turnbull 7. The Injustice of Strong Affirmative Action – John Kekes 8. Preferential Treatment Versus Purported Meritocratic Rights – Richard J. Arneson 9. Faculties as Civil Societies: A Misleading Model for Affirmative Action – Jeffrie G. Murphy 10. Facing Facts and Responsibilities – The White Man's Burden and the Burden of Proof – Karen Hanson 11. Affirmative Action: Relevant Knowledge and Relevant Ignorance – Joel J. Kupperman 12. Remarks on Affirmative Action – Andrew Oldenquist 13. Affirmative Action and the Multicultural Ideal – Philip L. Quinn 14. "Affirmative Action" in the Cultural Wars – Frederick A. Olafson 15. Quotas by Any Name: Some Problems of Affirmative Action in Faculty Appointments – Tom L. Beauchamp 16. Are Quotas Sometimes Justified? – James Rachels 17. Proportional Representation of Women and Minorities – Celia Wolf-Devine 18. An Ecological Concept of Diversity – La Verne Shelton 19. Careers Open to Talent – Ellen Frankel Paul 20. Some Sceptical Doubts – Alasdair MacIntyre 21. Affirmative Action and Tenure Decisions – Richard T. De George 22. Affirmative Action and the Awarding of Tenure – Peter J. Markie 23. The Case for Preferential Treatment – James P. Sterba 24. Saying What We Think – Fred Sommers 25. Comments on Compromise and Affirmative Action – Alan H. Goldman About the Authors Index About the Author(s) Steven M. Cahn is Professor of Philosophy and former Provost and Vice President for Academic Affairs at the Graduate Center of the City University of New York. He has published numerous other books, including Morality, Responsibility, and the University (Temple). Contributors: Laurence Thomas, Ann Hartle, Robert G. Turnbull, John Kekes, Richard J. Arneson, Jeffrie G. Murphy, Karen Hanson, Joel J. Kupperman, Andrew Oldenquist, Philip L. Quinn, Frederick A. Olafson, Tom L. Beauchamp, James Rachels, Celia Wolf-Devine, La Verne Shelton, Ellen Frankel Paul, Alasdair MacIntyre, Richard T. De George, Peter J. Markie, James P. Sterba, Fred Sommers, Alan H. Goldman, and the editor.

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Afflicted

How Vulnerability Can Heal Medical Education and Practice

Nicole M. Piemonte

In Afflicted, Nicole Piemonte examines the preoccupation in medicine with cure over care, arguing that the traditional focus on biological intervention keeps medicine from addressing the complex realities of patient suffering. Although many have pointed to the lack of compassion and empathy in medical practice, few have considered the deeper philosophical, psychological, and ontological reasons for it. Piemonte fills that gap, examining why it is that clinicians and medical trainees largely evade issues of vulnerability and mortality and, doing so, offer patients compromised care. She argues that contemporary medical pedagogy and epistemology are not only shaped by the human tendency to flee from the reality of death and suffering but also perpetuate it. The root of the problem, she writes, is the educational and institutional culture that promotes reductionist understandings of care, illness, and suffering but avoids any authentic confrontation with human suffering and the fear and self-doubt that can come with that confrontation. Through a philosophical analysis of the patient-practitioner encounter, Piemonte argues that the doctor, in escaping from authentic engagement with a patient who is suffering, in fact "escapes from herself."

Piemonte explores the epistemology and pedagogy of medicine, examines its focus on calculative or technical thinking, and considers how "clinical detachment" diminishes physicians. She suggests ways that educators might cultivate the capacity for authentic patient care and proposes specific curricular changes to help students expand their moral imaginations.

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After the Genome

A Language for Our Biotechnological Future

Michael J. Hyde

Biotechnological advancements during the last half-century have forced humanity to come to grips with the possibility of a post-human future. The ever-evolving opinions about how society should anticipate this biotechnological frontier demand a language that will describe our new future and discuss its ethics. After the Genome brings together expert voices from the realms of ethics, rhetoric, religion, and science to help lead complex conversations about end-of-life care, the relationship between sin and medicine, and the protection of human rights in a post-human world. With chapters on the past and future of the science-warfare narrative, the rhetoric of care and its effect on those suffering, black rhetoric and biotechnology, planning for the end of life, regenerative medicine, and more, After the Genome yields great insight into the human condition and moves us forward toward a genuinely humane approach to who we are and who we are becoming.

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After Virtue

A Study in Moral Theory, Third Edition

Alasdair MacIntyre

When After Virtue first appeared in 1981, it was recognized as a significant and potentially controversial critique of contemporary moral philosophy. Newsweek called it “a stunning new study of ethics by one of the foremost moral philosophers in the English-speaking world.” Since that time, the book has been translated into more than fifteen foreign languages and has sold over one hundred thousand copies. Now, twenty-five years later, the University of Notre Dame Press is pleased to release the third edition of After Virtue, which includes a new prologue “After Virtue after a Quarter of a Century.” In this classic work, Alasdair MacIntyre examines the historical and conceptual roots of the idea of virtue, diagnoses the reasons for its absence in personal and public life, and offers a tentative proposal for its recovery. While the individual chapters are wide-ranging, once pieced together they comprise a penetrating and focused argument about the price of modernity. In the Third Edition prologue, MacIntyre revisits the central theses of the book and concludes that although he has learned a great deal and has supplemented and refined his theses and arguments in other works, he has “as yet found no reason for abandoning the major contentions” of this book. While he recognizes that his conception of human beings as virtuous or vicious needed not only a metaphysical but also a biological grounding, ultimately he remains “committed to the thesis that it is only from the standpoint of a very different tradition, one whose beliefs and presuppositions were articulated in their classical form by Aristotle, that we can understand both the genesis and the predicament of moral modernity.”

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Against Moral Responsibility

Bruce N. Waller

A vigorous attack on moral responsibility in all its forms argues that the abolition of moral responsibility will be liberating and beneficial.

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Against Purity

Living Ethically in Compromised Times

Alexis Shotwell

The world is in a terrible mess. It is toxic, irradiated, and full of injustice. Aiming to stand aside from the mess can produce a seemingly satisfying self-righteousness in the scant moments we achieve it, but since it is ultimately impossible, individual purity will always disappoint. Might it be better to understand complexity, and, indeed, our own complicity in much of what we think of as bad, as fundamental to our lives? Against Purity argues that the only answer—if we are to have any hope of tackling the past, present and future of colonialism, disease, pollution, and climate change—is a resounding yes. Proposing a powerful new conception of social movements as custodians for the past and incubators for liberated futures, AgainstPurity undertakes an analysis that draws on theories of race, disability, gender, and animal ethics as a foundation for an innovative approach to the politics and ethics of responding to systemic problems.

Being against purity means that there is no primordial state we can recover, no Eden we have desecrated, no pretoxic body we might uncover through enough chia seeds and kombucha. There is no preracial state we could access, no erasing histories of slavery, forced labor, colonialism, genocide, and their concomitant responsibilities and requirements. There is no food we can eat, clothes we can buy, or energy we can use without deepening our ties to complex webbings of suffering. So, what happens if we start from there?

Alexis Shotwell shows the importance of critical memory practices to addressing the full implications of living on colonized land; how activism led to the official reclassification of AIDS; why we might worry about studying amphibians when we try to fight industrial contamination; and that we are all affected by nuclear reactor meltdowns. The slate has never been clean, she reminds us, and we can’t wipe off the surface to start fresh—there’s no fresh to start. But, Shotwell argues, there is hope to be found in a kind of distributed ethics, in collective activist work, and in speculative fiction writing for gender and disability liberation that opens new futures.

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AIDS

"[S]tudents and professionals, [as well as] the general reader will find much food for thought." —Publishers Weekly *Do patients have the right to know their physician's HIV status? *Can a dentist refuse treatment to an HIV-positive patient? *How do educators determine whether to allow an HIV-positive child to attend school, and if they do, should the parents of other children be informed? *Should a counselor break confidentiality by disclosing to a wife that her husband is infected with HIV? This collection of original essays carefully examines the difficult moral choices the AIDS pandemic has presented for many professionals—physicians, nurses, dentists, teachers and school administrators, business managers, psychotherapists, lawyers, clergy, journalists, and politicians. In the workplace, problems posed by HIV and AIDS have led to a reexamination of traditional codes of ethics. Providing systematic and reasoned discussions, the authors explore the moral, legal, and ethical issues involved in the reconsideration of policies, standards of conduct, and the practicality of balancing personal and professional ethics.

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