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Results for 'Jacinta Maxwell'

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  1.  54
    Beyond Criticism of Ethics Review Boards: Strategies for Engaging Research Communities and Enhancing Ethical Review Processes.Andrew Hickey,Samantha Davis,Will Farmer,Julianna Dawidowicz,Clint Moloney,Andrea Lamont-Mills,Jess Carniel,Yosheen Pillay,David Akenson,Annette Brömdal,Richard Gehrmann,Dean Mills,Tracy Kolbe-Alexander,Tanya Machin,Suzanne Reich,Kim Southey,Lynda Crowley-Cyr,Taiji Watanabe,Josh Davenport,Rohit Hirani,Helena King,Roshini Perera,Lucy Williams,Kurt Timmins,Michael Thompson,Douglas Eacersall &JacintaMaxwell -2022 -Journal of Academic Ethics 20 (4):549-567.
    A growing body of literature critical of ethics review boards has drawn attention to the processes used to determine the ethical merit of research. Citing criticism on the bureaucratic nature of ethics review processes, this literature provides a useful provocation for (re)considering how the ethics review might be enacted. Much of this criticism focuses on how ethics review boards _deliberate,_ with particular attention given to the lack of transparency and opportunities for researcher recourse that characterise ethics review processes. Centered specifically (...) on the conduct of ethics review boards convened within university settings, this paper draws on these inherent criticisms to consider the ways that ethics review boards might enact more communicative and deliberative practices. Outlining a set of principles against which ethics review boards might establish strategies for engaging with researchers and research communities, this paper draws attention to how _Deliberative communication_, _Engagement with researchers_ and the _Distribution of responsibility_ for the ethics review might be enacted in the day-to-day practice of the university human ethics review board. This paper develops these themes via a conceptual lens derived from Habermas’ (The theory of communicative action. Volume 1: Reason and the rationalization of society, 1984 ) articulation of ‘communicative action’ and Fraser’s (Social Text, 25(26), 56–80, 1990 ) consideration of ‘strong publics’ to cast consideration of the role that human ethics review boards might play in supporting university research cultures. _Deliberative communication_, _Engagement with researchers_ and the _Distribution of responsibility_ provide useful conceptual prompts for considering how ethics review boards might undertake their work. (shrink)
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  2. NicholasMaxwell.NicholasMaxwell -unknown
    We are in a state of impending crisis. And the fault lies in part with academia. For two centuries or so, academia has been devoted to the pursuit of knowledge and technological know-how. This has enormously increased our power to act which has, in turn, brought us both all the great benefits of the modern world and the crises we now face. Modern science and technology have made possible modern industry and agriculture, the explosive growth of the world’s population, global (...) warming, modern armaments and the lethal character of modern warfare, destruction of natural habitats and rapid extinction of species, immense inequalities of wealth and power across the globe, pollution of earth, sea and air, even the aids epidemic (aids being spread by modern travel). All these global problems have arisen because some of us have acquired unprecedented powers to act, via science and technology, without also acquiring the capacity to act wisely. (shrink)
     
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  3.  9
    Reseña de La razón de los afectos: Populismo, feminismo, psicoanálisis, de Roque Farrán.Jacinta Gorriti -2024 -Aisthesis 76:422-425.
    Reseña de La razón de los afectos. Populismo, feminismo, psicoanálisis, de Roque FarránJacinta Gorriti.
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  4.  59
    Competence to make treatment decisions in anorexia nervosa: thinking processes and values.Jacinta Oa Tan,Tony Hope,Anne Stewart &Raymond Fitzpatrick -2006 -Philosophy, Psychiatry, and Psychology: Ppp 13 (4):267.
  5.  103
    Competence to Make Treatment Decisions in Anorexia Nervosa: Thinking Processes and Values.Jacinta Tan,Anne Stewart,Ray Fitzpatrick &R. A. Hope -2006 -Philosophy, Psychiatry, and Psychology 13 (4):267-282.
    This paper explores the ethical and conceptual implications of the findings from an empirical study (reported elsewhere) of decision-making capacity in anorexia nervosa. In the study, ten female patients aged thirteen to twenty-one years with a diagnosis of anorexia nervosa, and eight sets of parents, took part in semistructured interviews. The purpose of the interviews was to identify aspects of thinking that might be relevant to the issue of competence to refuse treatment. All the patient-participants were also tested using the (...) MacArthur Competence Assessment Tool—Treatment test of competence. This is a formalized, structured, interviewer-administered test of competence, which is a widely accepted clinical tool for determining capacity. The young women also completed five brief, self-administered questionnaires to assess their levels of psychopathology. The issues identified from the interviews are described under two headings: difficulties with thought processing and changes in values. The results suggest that competence to refuse treatment may be compromised in people with anorexia nervosa in ways that are not captured by traditional legal approaches. (shrink)
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  6.  6
    The Folk Concept of Nursing in Australia: A Decolonising Conceptual Analysis.Jacinta Mackay,Jordan Lee-Tory,Kylie Smith,Luke Molloy &Kathleen Clapham -2025 -Nursing Philosophy 26 (1):e70012.
    This article presents a conceptual analysis of the contemporary understanding of NURSING in Australia and proposes strategies for decolonisation. Through historical reflection and the lens of cultural safety and critical race theory, it examines some conditions which make up this concept, including “Florence Nightingale‐influenced practices,” “intellectual practitioners,” and “whiteness in nursing.” This analysis aims to identify conditions which we take to be necessary for the folk concept of NURSING to be satisfied and which result in negative outcomes. The article explores (...) why these conditions are plausibly included in this concept and possible objections to their inclusion. These conditions, and subsequently the concept of NURSING, are then critiqued. In this conceptual analysis of NURSING in Australia, we explore three conditions. By critically examining these conditions through the lens of cultural safety and employing decolonising methodologies, the article sheds light on the complex interplay of historical legacies, contemporary practices and potential negative outcomes within the nursing profession. The conclusions drawn propose a shift toward decolonisation, advocating for a cultural safety framework to address historical injustices and highlights possible ways in which one might amend the concept of nursing to be more inclusive of Aboriginal and Torres Strait Islander people. The need for this change is emphasised by the acknowledgement of historical conditions that perpetuated racism and hindered equitable healthcare. Ultimately, the article advocates for a comprehensive decolonisation of the concept of NURSING in Australia, urging the nursing profession to implement cultural safety for the overall well‐being of Aboriginal and Torres Strait Islander people. The authors of this article would like to acknowledge the people of the Dharawal and Dharug language group, who are the custodians of the unceded land we have worked on throughout this project. We would also like to acknowledge Aboriginal and Torres Strait Island people nationwide and warn them that some traumatic aspects of Aboriginal and Torres Strait Islander history are mentioned throughout this article. Always was, always will be, Aboriginal land. Two authors on this article identify as Aboriginal, while three do not. Two authors are registered nurses, one is an anthropologist, one is a philosopher and one is a historian. (shrink)
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  7.  45
    Indigenous Ecological Knowledge and Modern Western Ecological Knowledge: Complementary, not Contradictory.Jacinta Mwende Maweu -2011 -Thought and Practice: A Journal of the Philosophical Association of Kenya 3 (2):35-47.
    Indigenous knowledge is often dismissed as ‘traditional and outdated’, and hence irrelevant to modern ecological assessment. This theoretical paper critically examines the arguments advanced to elevate modern western ecological knowledge over indigenous ecological knowledge, as well as the sources and uses of indigenous ecological knowledge. The central argument of the paper is that although the two systems are conceptually different, it would be fallacious to regard one as superior to the other merely because they are premised on different worldviews.
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  8.  334
    Brief Account of How NicholasMaxwell Came to Argue for the Urgent Need for a Revolution in Universities.NicholasMaxwell -manuscript
    We need urgently to bring about a revolution in universities around the world, wherever possible, so that they take their fundamental task to be, not to acquire and apply knowledge, but rather to help humanity learn how to resolve conflicts and problems of living in increasingly cooperatively rational ways, so that we may make progress towards a good, genuinely civilized, wise world. The pursuit of knowledge would be a vital but subsidiary task. I have argued for the urgent need for (...) such an academic revolution for nearly 50 years, ever since the publication of two books: What’s Wrong With Science? Towards a People’s Rational Science of Delight and Compassion, 1976, and From Knowledge to Wisdom: A Revolution for Science and the Humanities, 1984, both available free online. This article, written in preparation for a talk given to Pittsburgh University on the 15th September 2023, gives an outline of my baffled struggles with problems of philosophy, science, literature and life that led up to the discovery of the urgent need for an intellectual and institutional revolution in universities around the world, needed in order to galvanize the social revolution required to enable us to make progress to a world in which peace, justice, democracy, individual freedom, sustainable prosperity, the possibility of a good life, are available to all, insofar as that is attainable. (shrink)
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  9.  72
    Treatment refusal in anorexia nervosa : a challenge to current concepts of capacity.Jacinta Tan &Tony Hope -2008 - In Guy Widdershoven,Empirical ethics in psychiatry. New York: Oxford University Press. pp. 187--210.
  10.  40
    Capacity and Competence in Child and Adolescent Psychiatry.Jacinta O. A. Tan &Jorg M. Fegert -2004 -Health Care Analysis 12 (4):285-294.
    Capacity and competence in the field of child and adolescent psychiatry are complex issues, because of the many different influences that are involved in how children and adolescents make treatment decisions within the setting of mental health. This article will examine some of the influences which must be considered, namely: developmental aspects, the paradoxical relationship between the need for autonomy and participation and the capacity of children, family psychiatry, and the duty of care towards children and adolescents. The legal frameworks (...) relevant to consideration of consent and competence will be briefly considered, as well as some studies of children's consent, participation and competence. A case vignette will be used as a focus to consider the complexity of the issue of competence in child and adolescent psychiatry, in the particular mental disorder of anorexia nervosa. (shrink)
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  11.  27
    Editor’s Introduction.Jacinta Sassine &Dennis Schmidt -2022 -Journal of Continental Philosophy 3 (1-2):1-4.
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  12.  12
    Sujeción y Reconocibilidad: Contra la Inocencia Del Reconocimiento En Axel Honneth.Jacinta Gorriti -2015 -Astrolabio: Nueva Época 14:28-50.
    Este artículo presenta una lectura crítica de un trabajo central de Axel Honneth desde la teoría de la sujeción de Judith Butler. Intenta mostrar que, por la ausencia en su escrito de una consideración sobre el poder, el pensador alemán no logra cumplir satisfactoriamente su objetivo propuesto de enfrentar las posturas que cuestionan el potencial crítico del reconocimiento. La hipótesis que aquí se maneja es que esa ausencia está ligada a su definición del reconocimiento como lo contrario de las prácticas (...) de dominio o sometimiento. Ahora bien, Honneth afirma que el escepticismo de esas posturas respecto del reconocimiento se basa en la idea de que toda praxis recognoscente reproduce de alguna manera el orden social dominante. El presente trabajo se propone entonces, cuestionar esta aseveración del autor advirtiendo que un análisis sobre el modo en que el poder actúa en las prácticas cotidianas de reconocimiento no necesariamente conlleva una renuncia de la función crítica del concepto para la teoría social. Más bien, como sugiere la noción butleriana (y foucaultiana) de crítica, sólo enmarcando al reconocimiento en el horizonte normativo que lo delimita puede convertirse en la base de la indagación social. (shrink)
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  13.  22
    Hacia Una teoría feminista Del estado. El estado de Los cuidados.Jacinta Gorriti &Roque Farrán -2021 -Agora 41 (1).
    In this text we explore and present some elements that allow us to consider the elaboration of a feminist theory of the State. In principle, it is about starting from a materialistic philosophical perspective that provides us with a broad and rigorous framework for inquiry, which includes a consideration of the complex social topic in which our practices are inscribed and a special attention to the dynamics of affects that guide us in them. Based on this perspective, we propose the (...) concept of State of care. The logic of care to which we refer here is not limited to the problem of social reproduction but crosses the set of instances and practices, and simultaneously involves a way of knowing, a way of being and a way of constituting oneself. (shrink)
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  14.  23
    Nurses' and Doctors' Perspectives on Slow Codes.Jacinta Kelly -2008 -Nursing Ethics 15 (1):110-120.
    The aim of this study was to ascertain nurses' and doctors' perspectives on the practice of slow codes, which are cardiopulmonary resuscitative efforts that are intentionally performed too slowly for resuscitation to occur. A Heideggerian phenomenological study was conducted in 2005, during which data were gathered in the Republic of Ireland from three nurses and two doctors (via unstructured interviews) and analysed using Colaizzi's reductive procedure. Slow codes do occur in Ireland and are intended as beneficent acts. However, slow codes (...) were identified as pointless and undignified when intrusive measures were employed. There is a need for discussion on the topic of slow codes in Ireland, and for aids to cardiopulmonary resuscitation decision making to be developed, such as advance directives, communication training, clinical guidelines and an explanatory leaflet for patients and families. (shrink)
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  15.  44
    Commentary. Methodological points.Jacinta Kerin -1998 -Health Care Analysis 6 (1):24-27.
  16.  41
    Editorial.Jacinta Kerin -1998 -Bioethics 12 (4):iii–vii.
  17.  11
    The Morality of Profit In Business: Transforming Waste Into Wealth Through The Iko Toilet Business Venture In Nairobi, Kenya.Jacinta Mwende Maweu -2012 -Thought and Practice: A Journal of the Philosophical Association of Kenya 4 (1):75-89.
    The main argument of this theoretical paper is that the pursuit of honest profits in a voluntary market exchange is not only moral but also ingrained in human nature, in that human beings pursue activities that benefit them and avoid those that cause them loss. Through an examination of the Kenyan business venture called Iko Toilet (which is a mix of the Kiswahili word ‘iko’ meaning ‘there is’ and the English word ‘toilet’ to literally mean ‘there is a Toilet’), the (...) paper contends that there is no inherent contradiction between doing well (engaging in honest voluntary business transactions) in order to do good (maximize legitimate profits). (shrink)
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  18.  9
    Come Along: We Are Truth-Bound.Jacinta Respondowska -2009 - Hamilton Books.
    This second volume in the Come Along: We Are Truth-Bound series is a cross-examination of the concepts derived in Volume One, conducted by means of a dialogue with a representative thinker from each of the related bodies of knowledge. The study reveals reality to be an intricate, harmoniously-integrated whole.
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  19.  30
    Science, Mind, and Psychology: Essays in Honor of GroverMaxwell.Mary LouMaxwell &Wade C. Savage -1989 - Upa.
  20. The Nature and Function of Scientific Theories Essays in Contemporary Science and Philosophy [by] GroverMaxwell [and Others] Editor: Robert G. Colodny. --.GroverMaxwell &Robert Garland ed Colodny -1970 - University of Pittsburgh Press.
     
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  21.  31
    Weak squares and very good scales.Maxwell Levine -2018 -Journal of Symbolic Logic 83 (1):1-12.
  22.  93
    Decision-Making as a Broader Concept.Jacinta O. A. Tan,Anne Stewart &Tony Hope -2009 -Philosophy, Psychiatry, and Psychology 16 (4):345-349.
    In lieu of an abstract, here is a brief excerpt of the content:Decision-Making as a Broader ConceptJacinta O. A. Tan (bio), Anne Stewart (bio), and Tony Hope (bio)KeywordsCompetence, decision-making, capacity, anorexia nervosa, autonomy, values, identityWe thank Demian Whiting for the thoughtful critique of aspects of our paper (Tan et al. 2006a). A primary aim of our research was to provide empirical grounds on which to stimulate discussion about the nature of decision-making capacity (DMC). Whiting criticizes in particular the concept of (...) 'pathological values' that we suggested might be relevant in the assessment of DMC and in the related issue of deciding when a patient's refusal of beneficial treatment should be overridden.Whiting's central concern is with DMC. Whiting argues that the absence of pathological values should not be a criterion for DMC. We are unclear whether he is also arguing that pathological values do not provide a reason of any kind for overriding treatment refusal. At the end of the paper he writes: "we cannot justify compulsory treatment of patients who have pathological values... on the grounds that these patients lack DMC" (2009, XX). This seems to leave open the possibility that we may be able to justify compulsory treatment of patients who have pathological values on grounds other than that they lack DMC. As we wrote in our response to the discussants of our original paper, "The primary issue for us is whether the reasons for refusal to which we draw attention provide grounds for overriding refusal, and if they do how they can be characterized in such a way as to avoid the ever-present danger of simply overriding autonomy in a patient's best interests" (Tan et al. 2006b, 300).In deciding on whether to use compulsory treatment, there are other relevant factors that may need to be considered, such as the seriousness of the decision, which determines the threshold for competence. However, in this response we consider three issues. First, we argue that the current concept of DMC is by no means so clear cut or generally agreed upon as Whiting implies, and that some of the lack of clarity relates to pathological values. Second, that the concept of DMC is itself dependent on accounts of autonomy, and that it is plausible that pathological values can affect autonomy. Third, we directly consider the question of whether a coherent account of pathological values might be given based on a concept of authenticity.The Current Criteria for DMCWhiting argues that the current criteria for DMC are correct and that an additional criterion along the lines of absence of pathological values should not be added. This argument assumes that there is a clear and agreed understanding of the current criteria. We believe this is not the case for three reasons.(i) Whiting begins his account of DMC by saying that it is normally taken to include: "(1) [End Page 345] understanding (and appreciation)" (2009, 341). Already there is an area of dispute, and the use of parentheses reflects this. The concept of 'appreciation' was developed by Grisso and Applebaum (Grisso, Appelbaum, and Hill-Fotouhi 1997). It is not included in either English common law development, for example (ReC), nor in the criteria specified in the Mental Capacity Act 2005. More important, Grisso and Appelbaum in their comment on our original paper (2006) argue that our work advances thinking about 'appreciation' rather than requiring that we add new elements. The implication is that they believe that what we have called pathological values are relevant to the assessment of capacity and are already included in an account of capacity that incorporates the criterion of 'appreciation.' In our response, we argued that pathological values are not entirely captured within the account of appreciation that Grisso and Appelbaum had previously given. We do not want to revisit that issue here, but the point of relevance is that on one view (that of Grisso and Appelbaum) pathological values are already included in the current criteria for DMC as part of the concept of appreciation, whereas on Whiting's view they are not.(ii) Even if there were agreement over the wording and concepts relevant to DMC there is a further important issue: how are those concepts... (shrink)
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  23. Treatment refusal in anorexia nervosa: a challenge to current concepts of capacity.Jacinta Tan & Hope & Tony -2008 - In Guy Widdershoven,Empirical ethics in psychiatry. New York: Oxford University Press.
     
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  24. Election, Violence, and Political Legitimation.Jacinta Mwende -2023 - In Uchenna B. Okeja,Routledge Handbook of African Political Philosophy. New York, NY: Routledge.
     
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  25.  42
    Cultural and Ethical Issues in the Treatment of Eating Disorders in Singapore.Jacinta Oa Tan,Syahirah A. Karim,Huei Yen Lee,Yen Li Goh &Ee Lian Lee -2013 -Asian Bioethics Review 5 (1):40-55.
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  26. Going too far? How the public health anti-obesity drives could cause harm by promoting eating disorders.Jacinta O. A. Tan,Suzana Corciova &Dasha Nicholls -2019 - In Kelso Cratsley & Jennifer Radden,Mental Health as Public Health: Interdisciplinary Perspectives on the Ethics of Prevention. San Diego, CA: Elsevier.
  27.  51
    Studying Penguins to Understand Birds.Jacinta Tan,Anne Stewart,Ray Fitzpatrick &R. A. Hope -2006 -Philosophy, Psychiatry, and Psychology 13 (4):299-301.
    In lieu of an abstract, here is a brief excerpt of the content:Studying Penguins to Understand BirdsJacinta O. A. Tan (bio), Anne Stewart (bio), Ray Fitzpatrick (bio), and Tony Hope (bio)Keywordsanorexia nervosa, treatment decision-making, competence, valuesWe are grateful to Grisso, Appelbaum, Charland, and Vollmann for their thoughtful commentaries on our paper. We would like to respond by picking up on some of the points they make, although we do not address all the issues raised.Our general aims in the paper are (...) less immediately pragmatic than are the central concerns of Grisso and Appelbaum. Our interest is primarily in a number of ethical, and related conceptual, issues that arise from empirical data. In the long run, of course, we believe that these ethical and conceptual issues are important to the care of people with mental disorders, but our focus is philosophical.Our central interest is what justifies overriding treatment refusal. We are unhappy with a "status" approach according to which, for example, the mere fact that a person suffers a mental disorder provides grounds for overriding her wishes. Such an approach, it seems to us, fails to identify reasons, and discriminates against those with mental disorder, a view shared by the Law Commission (The Law Commission 1995). We are, on the other hand, attracted by the approach that grounds any overriding of treatment refusal on lack of capacity (or competence) to make treatment decisions. The concept of capacity has been well developed through legal cases and conceptual analysis, not least by Grisso and Appelbaum themselves. We were struck, however, first through clinical experience, and subsequently from the pilot study reported in our paper, that many patients with anorexia nervosa who refuse treatment do not necessarily lack capacity, using the current criteria, and yet show features or give reasons that raise serious doubts as to whether it is right to respect their refusal of treatment.To avoid reliance on a "status" approach, the issue with which we are grappling is whether the concept of capacity (and therefore lack of capacity) can be developed to encompass some of our findings, and whether it is ethically right to do so. Charland makes the important point that the concept of competence, or capacity, has both a descriptive and a prescriptive component. It is for this reason that the question of whether, for example, we should extend the criteria for capacity is part of the question of when it is morally right to override treatment refusal.Grisso and Appelbaum suggest that our work advances "our thinking about appreciation, rather than requiring that we add new elements" (2006, 297). From our perspective, and at this stage, it is a secondary issue whether we are suggesting a development of appreciation, or a new element (e.g., "pathological values"). The primary issue for us is whether the reasons for refusal to which we draw attention provide grounds for overriding refusal, and if they do how they can be characterized in [End Page 299] such a way as to avoid the ever-present danger of simply overriding autonomy in a patient's best interests.We chose to study anorexia nervosa for various reasons, but we expect that the issues raised have a more general relevance (such as to substance abuse and impulse control disorders as Grisso and Appelbaum and Charland suggest). We do not expect the results to be relevant to all, or even most, mental disorders. Our main interest is not the specific management of people with anorexia, but how the data challenge, and help to develop, the concept of capacity, and the ethical analysis of overriding patient refusal of treatment. Our paper aims to address what we understand Charland to be referring to by the "pretheoretical desiderata" (2006, 283) of the concept of capacity. One reason why we chose anorexia as the focus of this work is because it is different from many mental disorders in the issues that it raises. In this it is, perhaps, rather like studying penguins to better understand the concept of bird just because penguins, although clearly birds, have unusual features.We agree, therefore, with Grisso and Appelbaum's caution that it would be unwise to jump in and change the MacCAT-T on the basis of the results... (shrink)
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  28.  60
    Neuroscience and Philosophy: Brain, Mind, and Language.Maxwell Bennett,Daniel Dennett,Peter Hacker,John Searle &Daniel N. Robinson -2007 - Columbia University Press.
    In _Neuroscience and Philosophy_ three prominent philosophers and a leading neuroscientist clash over the conceptual presuppositions of cognitive neuroscience. The book begins with an excerpt fromMaxwell Bennett and Peter Hacker's _Philosophical Foundations of Neuroscience_ (Blackwell, 2003), which questions the conceptual commitments of cognitive neuroscientists. Their position is then criticized by Daniel Dennett and John Searle, two philosophers who have written extensively on the subject, and Bennett and Hacker in turn respond. Their impassioned debate encompasses a wide range of (...) central themes: the nature of consciousness, the bearer and location of psychological attributes, the intelligibility of so-called brain maps and representations, the notion of qualia, the coherence of the notion of an intentional stance, and the relationships between mind, brain, and body. Clearly argued and thoroughly engaging, the authors present fundamentally different conceptions of philosophical method, cognitive-neuroscientific explanation, and human nature, and their exchange will appeal to anyone interested in the relation of mind to brain, of psychology to neuroscience, of causal to rational explanation, and of consciousness to self-consciousness. In his conclusion Daniel Robinson (member of the philosophy faculty at Oxford University and Distinguished Professor Emeritus at Georgetown University) explains why this confrontation is so crucial to the understanding of neuroscientific research. The project of cognitive neuroscience, he asserts, depends on the incorporation of human nature into the framework of science itself. In Robinson's estimation, Dennett and Searle fail to support this undertaking; Bennett and Hacker suggest that the project itself might be based on a conceptual mistake. Exciting and challenging, _Neuroscience and Philosophy_ is an exceptional introduction to the philosophical problems raised by cognitive neuroscience. (shrink)
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  29.  22
    A Critical Assessment of Odera Oruka’s Theory of Punishment.Jacinta Mwende Maweu -2012 -Thought and Practice: A Journal of the Philosophical Association of Kenya 4 (2):97-108.
    This paper is a critical examination of Odera Oruka’s theory of punishment in his Punishment and Terrorism in Africa. It argues that although Oruka clearly highlights the weaknesses of the Retributionist and Utilitarian accounts of punishment and therefore calls for the Reformist view of ‘treating both the criminal and society’, he is mistaken in calling for the abolition of punishment simply because it cannot reform the criminal. The paper contends that the reform of the criminal is only one major function (...) of punishment and not the only one, and so we cannot call for its abolition on the basis of this single consideration. The paper further urges that Oruka’s theory of punishment is rather deterministic: according to him, the criminal commits the crime because of the criminal forces which he or she has very little control over, so that he or she cannot be held morally responsible for his or her actions. (shrink)
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  30.  42
    Harmonious Disagreement, Moral Commitment, and the APA.Maxwell Primack -1970 -Journal of Critical Analysis 2 (3):13-20.
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  31.  36
    Context, visual salience, and inductive reasoning.Maxwell J. Roberts,Heather Welfare,Doreen P. Livermore Iv &Alice M. Theadom -2000 -Thinking and Reasoning 6 (4):349-374.
  32.  78
    Weakness, Paradox and Communist Logics: A Review Essay ByMaxwell Kennel. [REVIEW]Maxwell Kennel -2012 -Symposium: Canadian Journal of Continental Philosophy/Revue canadienne de philosophie continentale 16 (2):251-259.
  33.  95
    Criminal Law as It Pertains to Patients Suffering from Psychiatric Diseases.Maxwell R. Bennett &Peter M. S. Hacker -2011 -Journal of Bioethical Inquiry 8 (1):45-58.
    The McNaughton rules for determining whether a person can be successfully defended on the grounds of mental incompetence were determined by a committee of the House of Lords in 1843. They arose as a consequence of the trial of Daniel McNaughton for the killing of Prime Minister Sir Robert Peel’s secretary. In retrospect it is clear that McNaughton suffered from schizophrenia. The successful defence of McNaughton on the grounds of mental incompetence by his advocate Sir Alexander Cockburn involved a profound (...) shift in the criteria for such a defence, and was largely based on the then recently published scientific thesis of the great US psychiatrist Isaac Ray, entitled A Treatise on the Medical Jurisprudence of Insanity. Subsequent discussion of this defence in the House of Lords led to the McNaughton rules, still the basis of the defence of mental incompetence in the courts of much of the English-speaking world. This essay considers one of these rules in the light of the discoveries of cognitive neuroscience made during the 160 years since Ray’s treatise. A major consideration is the relationship between the power of self-control and irresistible impulse as conceived by Cockburn on the one hand, and by cognitive neuroscience on the other. The essay concludes with an analysis of the notion of free will and of the extent to which a subject can exert restraint in the absence of particular synaptic connections in the brain. (shrink)
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  34.  25
    The empire strikes back: Some responses to Bruineberg and colleagues.Maxwell J. D. Ramstead -2022 -Behavioral and Brain Sciences 45:e205.
    In their target paper, Bruineberg and colleagues provide us with a timely opportunity to discuss the formal constructs and philosophical implications of the free energy principle. I critically discuss their proposed distinction between Pearl and Friston blankets. I then critically assess the distinction between inference with a model and inference within a model in light of instrumentalist approaches to science.
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  35.  26
    Conceptualizing the “Self” in Neuroethics: An Appeal to Philosophy of Mind.Maxwell J. Smith -2010 -American Journal of Bioethics Neuroscience 1 (3):16-17.
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  36.  43
    Political legitimacy and research ethics.Maxwell J. Smith &Daniel Weinstock -2018 -Bioethics 33 (3):312-318.
    In democratic theory, “legitimacy” refers to the set of conditions that must be in place in order for the claims to authority of somebody to be deemed appropriate, and for their claims to compliance to be warranted. Though criteria of legitimacy have been elaborated in the context of democratic states, there is no reason for them not to be drawn up, with appropriate amendments, for other kinds of authority structures. This paper examines the claims to authority made over researchers by (...) international bodies governing research ethics, who exercise their authority by the research ethics guidelines they produce (including recent revisions to the Declaration of Helsinki and CIOMS Guidelines). We argue that discussions of such bodies and sets of guidelines often elide questions of justification and questions of legitimacy, and that the grounds that might allow us to mount a strong case for the latter are at present sorely underdeveloped. (shrink)
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  37.  25
    Rights vs. Liberty.Maxwell J. Smith -2011 -Hastings Center Report 41 (1):5-5.
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  38.  27
    Why we should not ‘just use age’ for COVID-19 vaccine prioritisation.Maxwell J. Smith -2022 -Journal of Medical Ethics 48 (8):538-541.
    Older age is one of the greatest risk factors for severe outcomes from COVID-19. If we believe it is important to use limited supplies of COVID-19 vaccines to protect the most vulnerable and prevent deaths, then available doses should be allocated with significant priority to older adults. Yet, we should resist the conclusion that age should be the sole criterion for COVID-19 vaccine prioritisation or that no younger populations (eg, those under the age of 60) should be prioritised until all (...) older adults have been vaccinated. This article examines arguments that are commonly presented to abandon ‘complex’ vaccine prioritisation schemes in favour of ‘just using age’ (eg, prioritising those 80 years of age and older and then decreasing in a 5-year age bands until the entire population has had the opportunity to be vaccinated), and articulates the ethical reasons why these arguments are not persuasive. (shrink)
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  39.  56
    'I know' and performative utterances.Maxwell Wright -1965 -Australasian Journal of Philosophy 43 (1):35 – 47.
  40.  595
    The Moral Obligation to Prioritize Research Into Deep Brain Stimulation Over Brain Lesioning Procedures for Severe Enduring Anorexia Nervosa.Jonathan Pugh,Jacinta Tan,Tipu Aziz &Rebecca J. Park -2018 -Frontiers in Psychiatry 9:523.
    Deep Brain Stimulation is currently being investigated as an experimental treatment for patients suffering from treatment-refractory AN, with an increasing number of case reports and small-scale trials published. Although still at an exploratory and experimental stage, initial results have been promising. Despite the risks associated with an invasive neurosurgical procedure and the long-term implantation of a foreign body, DBS has a number of advantageous features for patients with SE-AN. Stimulation can be fine-tuned to the specific needs of the particular patient, (...) is relatively reversible, and the technique also allows for the crucial issue of investigating and comparing the effects of different neural targets. However, at a time when DBS is emerging as a promising investigational treatment modality for AN, lesioning procedures in psychiatry are having a renaissance. Of concern it has been argued that the two kinds of interventions should instead be understood as rivaling, yet “mutually enriching paradigms” despite the fact that lesioning the brain is irreversible and there is no evidence base for an effective target in AN. We argue that lesioning procedures in AN are unethical at this stage of knowledge and seriously problematic for this patient group, for whom self-control is particularly central to wellbeing. They pose a greater risk of major harms that cannot justify ethical equipoise, despite the apparent superiority in reduced short term surgical harms and lower cost. (shrink)
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  41.  174
    Anorexia Nervosa and the Language of Authenticity.Tony Hope,Jacinta Tan,Anne Stewart &Ray Fitzpatrick -2011 -Hastings Center Report 41 (6):19-29.
    It feels like there’s two of you inside—like there’s another half of you, which is my anorexia, and then there’s the real K [own name], the real me, the logic part of me, and it’s a constant battle between the two. The anorexia almost does become part of you, and so in order to get it out of you I think you do have to kind of hurt you in the process. I think it’s almost inevitable. We came to the (...) concept of authenticity belatedly, one might say. We had been talking to people who had a diagnosis of anorexia nervosa about their experiences of living with their condition, and though we had not raised issues of authenticity or identity ourselves, they often did. They struggled with questions of .. (shrink)
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  42. Winning the Peace.Maxwell Garnett -1945 -Hibbert Journal 44:152.
     
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  43.  9
    Apocalypse and Politics.Maxwell Kennel -2020 -Telos: Critical Theory of the Contemporary 2020 (192):192-194.
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  44.  23
    Review article: Genetic research and biological weapons — the ethics of the Human Genome Project.Jacinta Kerin -1999 -Monash Bioethics Review 18 (3):S1-S10.
  45.  12
    Naboth’s Vineyard: A guide for South Africa on the Vexing Land Issue.Maxwell Zakhele Shamase &Angelo Nicolaides -2022 -European Journal of Theology and Philosophy 2 (1):1-9.
    The story of Naboth’s vineyard (1 Kings 21:1-16) is one played out during the dynasty of Omri in Northern Israel (866-842 BCE) and speaks to an era in which socio-economics were largely dominated by political elites. The narrative concerns inter alia a clash between two arrangements of land ownership, inheritance and possession by others. Thus, from a socio – analytical perspective, the story has lessons to impart to 2022 South Africa where the issue of the land redistribution is an important (...) one given that even after a quarter of a century post-apartheid, millions of people continue to have no real access to land. Many people are thus left precariously exposed and vulnerable. The story imparts the truth that a leader of a state is bound to respect the proprietary rights of his citizens. In any event, viewed from a theological perspective, all the resources of creation are to be utilised to serve the common good and we are all custodians of creation. This includes people who have no private property of their own and who are for the most part excluded and side-lined by those in positions of power. The story of Naboth’s vineyard is thus a simple one where a sovereign sees something he wants, and then formulates a strategy to get it. In Naboth’s story, the king had him killed. This is a very constructive rendition of what happens when there’s no justice and the dominant powers get to terminate those who stand in their way. Justice tends to break down when people lose perspective of who they are concerning God who ultimately forgives us when we atone. (shrink)
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  46.  20
    Deploying the Precautionary Principle to Protect Vulnerable Populations in Canadian Post-Market Drug Surveillance.Maxwell Smith,Ana Komparic &Alison Thompson -2020 -Canadian Journal of Bioethics / Revue canadienne de bioéthique 3 (1):110-118.
    Drug regulatory bodies aim to ensure that patients have access to safe and effective drugs; however, no matter the quality of pre-licensure studies, uncertainty will remain regarding the safety and effectiveness of newly approved drugs until a large and diverse population uses those drugs. Recent analyses of Canada’s post-market drug surveillance system have found that Canada is not keeping pace with international requirements for PMDS, and have noted that efforts must be improved to monitor and address the safety and effectiveness (...) of approved drugs among vulnerable populations. Given the uncertainty that exists when drugs enter the market, some have suggested that the precautionary principle is relevant to guiding decision-making in this context. This paper responds to recommendations that the Canadian PMDS system should be responsive to the health needs of vulnerable populations by assessing the utility of deploying the precautionary principle to guide a post-market strategy for vulnerable populations. (shrink)
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  47.  96
    Vulnerability: A Contentious and Fluid Term.Maxwell J. Smith,Carrie Bernard,Kate Rossiter,Sachin Sahni &Diego Silva -2010 -Hastings Center Report 40 (1):5-6.
  48.  277
    Cultural Affordances: Scaffolding Local Worlds Through Shared Intentionality and Regimes of Attention.Maxwell J. D. Ramstead,Samuel P. L. Veissière &Laurence J. Kirmayer -2016 -Frontiers in Psychology 7.
  49.  18
    Shape shifting: Civilizational discourse and the analysis of cross-cultural interaction in the constitution of international society.Jacinta O’Hagan -2020 -Journal of International Political Theory 16 (2):190-209.
    The concept of civilization is intrinsic to the English School’s understanding of international society. At the same time, engagement with discourses of civilization has been an important site of c...
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  50.  9
    Strong Constitutions: Social-Cognitive Origins of the Separation of Powers.Maxwell A. Cameron -2013 - Oup Usa.
    A bold argument that constitutional states are not weaker because their powers are divided -- they are often stronger because they solve collective action problems rooted in speech and communication.
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