Contributors. Robert Coles, Brock Eide, Carl Elliott, John D. Lantos, Ross McElwee, Richard Martinez, Martha Montello, David Schiedermayer, Jay Tolson, Bertram Wyatt-Brown, Laurie Zoloth-Dorfman
While the American legal system has played an important role in shaping the field of bioethics, Law and Bioethics is the first book on the subject designed to be accessible to readers with little or no legal background. Detailing how the legal analysis of an issue in bioethics often differs from the "ethical" analysis, the book covers such topics as abortion, surrogacy, cloning, informed consent, malpractice, refusal of care, and organ transplantation.
Structured like a legal casebook, Law and Bioethics includes the text of almost all the landmark cases that have shaped bioethics. Jerry Menikoff offers commentary on each of these cases, as well as a lucid introduction to the U.S. legal system, explaining federalism and underlying common law concepts. Students and professionals in medicine and public health, as well as specialists in bioethics, will find the book a valuable resource.
The National Institutes of Health and the National Science Foundation together fund more than $40 billon of research annually in the United States and around the globe. These large public expenditures come with strings, including a complex set of laws and guidelines that regulate how scientists may use NIH and NSF funds, how federally funded research may be conducted, and who may have access to or own the product of the research.
Until now, researchers have had little instruction on the nature of these laws and how they work. But now, with Robert P. Charrow’s Law in the Laboratory, they have a readable and entertaining introduction to the major ethical and legal considerations pertaining to research under the aegis of federal science funding. For any academic whose position is grant funded, or for any faculty involved in securing grants, this book will be an essential reference manual. And for those who want to learn how federal legislation and regulations affect laboratory research, Charrow’s primer will shed light on the often obscured intersection of government and science.
Are you alive? What makes you so sure? Most people believe this question has a clear answer—that some law defines our status as living (or not) for all purposes. But they are dead wrong. In this pioneering study, Elizabeth Price Foley examines the many, and surprisingly ambiguous, legal definitions of what counts as human life and death.
Foley reveals that “not being dead” is not necessarily the same as being alive, in the eyes of the law. People, pre-viable fetuses, and post-viable fetuses have different sets of legal rights, which explains the law's seemingly inconsistent approach to stem cell research, in vitro fertilization, frozen embryos, in utero embryos, contraception, abortion, homicide, and wrongful death.
In a detailed analysis that is sure to be controversial, Foley shows how the need for more organ transplants and the need to conserve health care resources are exerting steady pressure to expand the legal definition of death. As a result, death is being declared faster than ever before. The "right to die," Foley worries, may be morphing slowly into an obligation to die.
Foley’s balanced, accessible chapters explore the most contentious legal issues of our time—including cryogenics, feticide, abortion, physician-assisted suicide, brain death, vegetative and minimally conscious states, informed consent, and advance directives—across constitutional, contract, tort, property, and criminal law. Ultimately, she suggests, the inconsistencies and ambiguities in U.S. laws governing life and death may be culturally, and perhaps even psychologically, necessary for an enormous and diverse country like ours.
With an interdisciplinary combination of philosophy, theology, and family law, The Law of Love explores the impact of secular conceptions of autonomy on sexuality and family. Drawing from the thought of Aristotle, Cicero, Augustine, Aquinas, and the modern theologian Servais Pinckaers, Stephen F. Brett argues that the divorce of freedom from virtue has caused cultural relativism, and that a potent and healthy mix of temperance, chastity, and modesty is the antidote. Styled accessibly and quite cleverly with a broader audience in mind, The Law of Love will appeal to intellectuals of all faiths who are interested in facing the ambiguities and problems of contemporary life in a secularized society.
Can the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can. In conversation with thinkers as diverse as Thomas Aquinas, Pope John Paul II, and Joseph Raz, she argues that the law rightly promotes the values of autonomy and solidarity. At the same time, she cautions that wise lawmakers will not enact mandates that are too far out of step with the lived moral values of the actual community.
According to Kaveny, the law is best understood as a moral teacher encouraging people to act virtuously, rather than a police officer requiring them to do so. In Law’s Virtues Kaveny expertly applies this theoretical framework to the controversial moral-legal issues of abortion, genetics, and euthanasia. In addition, she proposes a moral analysis of the act of voting, in dialogue with the election guides issued by the US bishops. Moving beyond the culture wars, this bold and provocative volume proposes a vision of the relationship of law and morality that is realistic without being relativistic and optimistic without being utopian.
In Lectures on Ethics, 1900–1901,Donald F. Koch supplies the only extant complete transcription of the annual three-course sequence on ethics John Dewey gave at the University of Chicago.
In his introduction Koch argues that these lectures offer the best systematic, overall introduction to Dewey’s approach to moral philosophy and are the only account showing the unity of his views in nearly all phases of ethical inquiry. These lectures are the only work by Dewey to set forth a complete theory of moral language. They offer a clear illustration of the central methodological questions in the development of a pragmatic instrumentalist ethic and the actual working out of the instrumentalist approach as distinct from simply presenting it as a conclusion.
Let Them Go Free offers families a way to cope with a problem particular to our time: what to do when medical treatment sustains life but does not cure or resuscitate a critically ill loved one. This straightforward and empathic guide helps such families affirm that their choice to remove life support is morally acceptable, warranted, and made in the spirit of love and care for the patient.
With an emphasis on maintaining openness and trust among all involved in the decision-making process, this helpful guide skillfully addresses the questions that must be asked to assess the best course of care for a loved one:
• What is the patient’s medical condition?
• What are the medical options?
• Has the patient expressed any wishes regarding his or her treatment?
• What if the patient hasn’t expressed any wishes regarding treatment?
• Do we have to do everything possible to keep the patient alive?
• Do we have to use artificial means of feeding?
• How do we handle disagreements?
• What should we do about donating organs?
Let Them Go Free also includes an ecumenical prayer service to be conducted as life support is withdrawn. Woven with readings and prayers from Hebrew and Christian scripture, the service is intended to give family and friends a moment to express their love for the patient, to say goodbye, and to find a sense of closure as they embark on the first stage of the grieving process.
Any sound practical philosophy must be clear on practical concepts—concepts, in particular, of life, action, and practice. This clarity is Michael Thompson’s aim in his ambitious work. In Thompson’s view, failure to comprehend the structures of thought and judgment expressed in these concepts has disfigured modern moral philosophy, rendering it incapable of addressing the larger questions that should be its focus.
In three investigations, Thompson considers life, action, and practice successively, attempting to exhibit these interrelated concepts as pure categories of thought, and to show how a proper exposition of them must be Aristotelian in character. He contends that the pure character of these categories, and the Aristotelian forms of reflection necessary to grasp them, are systematically obscured by modern theoretical philosophy, which thus blocks the way to the renewal of practical philosophy. His work recovers the possibility, within the tradition of analytic philosophy, of hazarding powerful generalities, and of focusing on the larger issues—like “life”—that have the power to revive philosophy.
As an attempt to relocate crucial concepts from moral philosophy and the theory of action into what might be called the metaphysics of life, this original work promises to reconfigure a whole sector of philosophy. It is a work that any student of contemporary philosophy must grapple with.
An authoritative introduction to bioethics, Life Choices examines a comprehensive range of ethical questions and brings together some of the most probing and instructive essays published in the field.
Some of the articles are classics in the literature of bioethics, while others address current issues. Topics include moral decision making, abortion, euthanasia and assisted suicide, life-sustaining technologies, organ transplantation, reproductive technologies, and the allocation of health care resources.
This second edition features new sections on the goals and allocation of medicine and on the cloning of human beings. It also includes new articles on genetics, the duty to die, and ethical theory.
Written by the foremost authorities in bioethics, Life Choices provides a comprehensive introduction to the field. Instructors who have used the first edition as a text will welcome this new, updated edition. Scholars and health care practitioners will find it useful as a valuable reference on a wide range of bioethical issues.
With a backdrop of religious violence and escalating regional tensions in South Asia, Priya Kumar’s Limiting Secularism probes the urgent topic of secularism and tolerance in Indian culture and life. Kumar explores Partition as the founding trauma of the Indian nation-state and traces the consequences of its marking off of “Indian” from “Pakistani” and the positioning of Indian Muslims as strangers within the nation.
Kumar unpacks the implications of the Nehruvian doctrine of tolerance-with all of its resonances of condescension and inequality-and asks whether more ethical cohabitation can replace the “arrogant compulsive tolerance” of the state and the majority. Informed by Jacques Derrida’s recent work on hospitality and living together, Kumar argues for the emergence of an “ethics of coexistence” in Indian fiction and film. Considering narratives ranging from the cosmopolitan English novels of Rushdie and Ghosh to literature in South Asian languages as well as recent Hindi cinema, Kumar demonstrates that these fictions are important resources for reimagining tolerance and coexistence.
Distinctive and timely in its investigation of secularism and communalism, Limiting Secularism works to envision the radical possibilities of going beyond tolerance to living well together.
Priya Kumar is associate professor of English at the University of Iowa.
The four new essays in Lincoln's Legacy describe major ethical problems that the sixteenth president navigated what can be learned from how he did so. The distinguished and award-winning Lincoln scholars William Miller, Mark E. Neely Jr., Phillip Shaw Paludan, and Mark Summers describe Lincoln’s attitudes and actions during encounters with questions of politics, law, constitutionalism, patronage, and democracy. The remarkably focused essays include an assessment of Lincoln's virtues in the presidency, the first study on Lincoln and patronage in more than a decade, a challenge to the cliché of Lincoln the democrat, and a study of habeas corpus, Lincoln, and state courts. On the eve of the bicentennial celebration of Lincoln’s birth, Lincoln’s Legacy highlights his enduring importance in contemporary conversations about law, politics, and democracy.
A New York Times Book Review Editors’ Choice
In 1858, challenger Abraham Lincoln debated incumbent Stephen Douglas seven times in the race for a U.S. Senate seat from Illinois. More was at stake than slavery in those debates. In Lincoln’s Tragic Pragmatism, John Burt contends that the very legitimacy of democratic governance was on the line. In a United States stubbornly divided over ethical issues, the overarching question posed by the Lincoln-Douglas debates has not lost its urgency: Can a liberal political system be used to mediate moral disputes? And if it cannot, is violence inevitable?
“John Burt has written a work that every serious student of Lincoln will have to read...Burt refracts Lincoln through the philosophy of Kant, Rawls and contemporary liberal political theory. His is very much a Lincoln for our time.”
—Steven B. Smith, New York Times Book Review
“I'm making space on my overstuffed shelves for Lincoln’s Tragic Pragmatism. This is a book I expect to be picking up and thumbing through for years to come.”
—Jim Cullen, History News Network
“Burt treats the [Lincoln-Douglas] debates as being far more significant than an election contest between two candidates. The debates represent profound statements of political philosophy and speak to the continuing challenges the U.S. faces in resolving divisive moral conflicts.”
—E. C. Sands, Choice
Contributors. Timothy Choy, Joseph Dumit, Michael M. J. Fischer, Kim Fortun, Mike Fortun, Donna Haraway, Sheila Jasanoff, Wen-Hua Kuo, Andrew Lakoff, Kristin Peterson, Chloe Silverman, Elta Smith, Kaushik Sunder Rajan, Travis J. Tanner
An inquiry into how livestreaming can help us meaningfully connect
Livestreaming is ubiquitous in our Covid-19-inflected era. In this book, EL Putnam takes up the implications of this technology, arguing that livestreamed internet broadcasts perform aesthetic and ethical encounters that invite distinctive means of relating to others. Treating humans and technologies as inherently relational, Putnam considers how livestreaming constitutes new patterns of being together that are complex, ambivalent, and transformative. Understood in such a way, we see how livestreaming exceeds quantifying and calculating metrics, challenges emphasis on content generation, and introduces an entirely new—and dynamic—means of social engagement.
At the heart of Christian ethics is the biblical commandment to love God and to love one's neighbor as oneself. But what is the meaning of love? Scholars have wrestled with this question since the recording of the Christian gospels, and in recent decades teachers and students of Christian ethics have engaged in vigorous debates about appropriate interpretations and implications of this critical norm.
In Love and Christian Ethics, nearly two dozen leading experts analyze and assess the meaning of love from a wide range of perspectives. Chapters are organized into three areas: influential sources and exponents of Western Christian thought about the ethical significance of love, perennial theoretical questions attending that consideration, and the implications of Christian love for important social realities. Contributors bring a richness of thought and experience to deliver unprecedentedly broad and rigorous analysis of this central tenet of Christian ethics and faith. William Werpehowski provides an afterword on future trajectories for this research. Love and Christian Ethics is sure to become a benchmark resource in the field.
Love and Good Reasons combines postliberal narrative theology—especially Stanley Hauerwas’s Christian ethics and Alasdair MacIntyre’s idea of traditional inquiry—with recent scholarship in literature and ethics including the work of Martha Nussbaum, J. Hillis Miller, Wayne Booth, Jeffrey Stout, and Richard Rorty. Oehlschlaeger offers detailed readings of literature by five major authors—Herman Melville, Jane Austen, Anthony Trollope, Henry James, and Stephen Crane. He examines their works in light of biblical scripture and the grand narratives of Israel, Jesus, and the Church. Discussing the role of religion in contemporary higher education, Oehlschlaeger shares his own experiences of teaching literature from a religious perspective at a state university.
Although the two great commandments to love God and to love our neighbors as ourselves are central to Christianity, few theologians or spiritual writers have undertaken an extensive account of the meaning and forms of these loves. Most accounts, in fact, make love of God and love of self either impossible or immoral. Integrating these two commandments, Edward Vacek, SJ, develops an original account of love as the theological foundation for Christian ethics.
Vacek criticizes common understandings of agape, eros, and philia, examining the arguments of Aquinas, Nygren, Outka, Rahner, Scheler, and other theologians and philosophers. He defines love as an emotional, affirmative participation in the beloved's real and ideal goodness, and he extends this definition to the love between God and self. Vacek proposes that the heart of Christian moral life is loving cooperation with God in a mutually perfecting friendship.
Known in his lifetime for a tireless dedication to humanitarian causes, Lowell L. Bennion was also one of the most important theologians and ethicists to emerge in the Church of Jesus Christ of Latter-day Saints in the twentieth century.
George B. Handley’s intellectual biography delves into Bennion’s thought and extraordinary intellectual life. Rejecting the idea that individual LDS practice might be at odds with lived experience, Bennion insisted the gospel favored the growth of individuals acting and living in the present. He also focused on the need for ongoing secular learning alongside religious practice and advocated for an idea of social morality that encouraged Latter-day Saints to seek out meaningful transformations of character and put their ethical commitments into practice. Handley examines Bennion’s work against the background of a changing institution that once welcomed his common-sense articulation of LDS ideas and values but became discomfited by how his thought cast doubt on the Church’s beliefs about race and other issues.
Loyal Dissent is the candid and inspiring story of a Catholic priest and theologian who, despite being stripped of his right to teach as a Catholic theologian by the Vatican, remains committed to the Catholic Church. Over a nearly fifty-year career, Charles E. Curran has distinguished himself as the most well-known and the most controversial Catholic moral theologian in the United States. On occasion, he has disagreed with official church teachings on subjects such as contraception, homosexuality, divorce, abortion, moral norms, and the role played by the hierarchical teaching office in moral matters. Throughout, however, Curran has remained a committed Catholic, a priest working for the reform of a pilgrim church. His positions, he insists, are always in accord with the best understanding of Catholic theology and always dedicated to the good of the church.
In 1986, years of clashes with church authorities finally culminated in a decision by the Congregation for the Doctrine of the Faith, headed by then-Cardinal Josef Ratzinger, that Curran was neither suitable nor eligible to be a professor of Catholic theology. As a result of that Vatican condemnation, he was fired from his teaching position at Catholic University of America and, since then, no Catholic university has been willing to hire him. Yet Curran continues to defend the possibility of legitimate dissent from those teachings of the Catholic faith—not core or central to it—that are outside the realm of infallibility. In word and deed, he has worked in support of more academic freedom in Catholic higher education and for a structural change in the church that would increase the role of the Catholic community—from local churches and parishes to all the baptized people of God.
In this poignant and passionate memoir, Curran recounts his remarkable story from his early years as a compliant, pre-Vatican II Catholic through decades of teaching and writing and a transformation that has brought him today to be recognized as a leader of progressive Catholicism throughout the world.
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