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101. International Journal of Applied Philosophy: Volume > 33 > Issue: 2
Stephen Kershnar

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If consent is valid (that is, morally transformative), then in every case it is either valid or invalid. This is because of the notion that (when valid) consent eliminates a right and a person either has or lacks a right against another. A parallel problem to the paradox of symmetrical attackers applies to consent. That is, there is a case in which two people neither consent nor do not consent to one another. As a practical matter, attorneys, judges, legislators, physicians, and sex partners should not treat consent as morally significant, except perhaps as defeasible evidence of what makes another person’s life go better. They might still want to follow the law because there is likely a duty to follow law even when its purported justification is mistaken.
102. International Journal of Applied Philosophy: Volume > 33 > Issue: 2
Victoria I. Burke, Robin D. Burke

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Is privacy the key ethical issue of the internet age? This coauthored essay argues that even if all of a user’s privacy concerns were met through secure communication and computation, there are still ethical problems with personalized information systems. Our objective is to show how computer-mediated life generates what Ernesto Laclou and Chantal Mouffe call an “atypical form of social struggle.” Laclau and Mouffe develop a politics of contingent identity and transient articulation (or social integration) by means of the notions of absent, symbolic, hegemonic power and antagonistic transitions or relations. In this essay, we introduce a critical approach to one twenty-first-century atypical social struggle that, we claim, has a disproportionate effect on those who experience themselves as powerless. Our aim is to render explicit the forms of social mediation and distortion that result from large-scale machine learning as applied to personal preference information. We thus bracket privacy in order to defend some aspects of the EU GDPR that will give individuals more control over their experience of the internet if they want to use it and, thereby, decrease the unwanted epistemic effects of the internet. Our study is thus a micropolitics in in the Deleuzian micropolitical sense and a preliminary analysis of an atypical social struggle.

103. International Journal of Applied Philosophy: Volume > 33 > Issue: 2

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articles

104. International Journal of Applied Philosophy: Volume > 33 > Issue: 1
Clifton Perry

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Although it is clear that the Chief Executive may be impeached while in office, it is generally thought that a sitting President cannot suffer criminal indictment while in office. There are two general arguments in support of this position. The first argument notes that criminal indictment of the President would so interfere with the duties of the office as to constitute a violation of the Constitution. The second argument simply refers to the express language of the Constitution providing that the remedy for intolerable occupation of the office is impeachment and conviction. While the Constitution does not expressly preclude indictment and prosecution, it is argued that the Constitution only so allows upon impeachment and conviction. This essay aspires to more fully explore the two alleged constitutional prohibitions against the criminal indictment of the occupant of the Office of the President and to argue that each suffers sufficiently to render each doubtful as a ground for guaranteeing Presidential immunity.
105. International Journal of Applied Philosophy: Volume > 33 > Issue: 1
James R. Campbell Orcid-ID

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This essay examines the traumas inflicted by acts of false-flag state terrorism on 11 September 2001, and their concealment by exploitation of mythicist falsifications that are endemic to our culture—while also paying particular attention to parallels between the staging of explosive demolitions for the WTC Towers and gutting of the Reichstag by Nazi incendiaries in 1933. The study culminates in a depiction—based on heuristic distinctions between natural, gnomic, alethic, and personal wills—of how we become vulnerable to mythicist falsifications, and how truth-telling facilitates recovery of our moral integrity after the twin traumas of betrayal by acts of state terror, and complicity with that betrayal, have deeply compromised it.
106. International Journal of Applied Philosophy: Volume > 33 > Issue: 1
Nancy S. Jecker

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Health care reform to provide long-term care supportive services for growing numbers of older Americans presents ethical, cultural, and political challenges. This paper draws lessons from Japan, the world’s oldest nation, to develop an ethical argument in support of enacting public long-term care in the U.S. Despite cultural and political challenges, the paper shows that the ethical case for reform is strong, with broad ethical support from a range of ethical perspectives.
107. International Journal of Applied Philosophy: Volume > 33 > Issue: 1
María del Mar Cabezas Hernández

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This article aims to answer a core normative question concerning child poverty: What types of responsibilities should be assumed by the state and caregivers as the main agents of justice involved in the problem? By approaching this question, I aim to explore the complex triangulation between children, caregivers, and the state, as well as the paradox of the double role of caregivers as former victims and current agents of justice. In order to accomplish this, I will first present the internal and external issues that arise when the focus is placed on the victims, and, secondly, when attention shifts to the perpetrators. Finally, I will advocate for the need to fundamentally reframe the debates, centering attention on the damage, on investing the construction of a culture of care that includes preventive measures to dismantle common prejudices about poverty and neglect, and on introducing measures to care for the caregivers as a necessary step to break the perpetuation of (child) poverty.
108. International Journal of Applied Philosophy: Volume > 33 > Issue: 1
David Carr

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While qualities of good character are of great significance and value in human social and professional affairs—and conduct which at least conforms to such qualities is invariably required for public service employment—they cannot be a requirement of the private lives of citizens in free societies. That said, there seems more of a case for the personal possession of such qualities in the case of those human professions and services for which moral exemplification to others may be considered an inherent part of the professional role. After some consideration of arguments for and against such moral character exemplification in relation to such professional roles as religious ministry and teaching, this paper proceeds to make some case for politics as professional role of this exemplificatory kind.
109. International Journal of Applied Philosophy: Volume > 33 > Issue: 1
Kalpita Bhar Paul Orcid-ID

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In this age of environmental crisis, Jainism is regarded worldwide as one of the first religions to have developed an environmental ethic, based on its practice of ahiṃsā (nonviolence). This article attempts to critically engage with the concept of ahiṃsā in its recently evolving forms—from a religious concept to its current portrayal as an environmental ethic. By explaining how ahiṃsā becomes the central concept of Jainism, tying together its ethics, theology, and ecology, this article establishes that the current global portrayal of ahiṃsā by Jains, more than being driven by environmental concerns, is directed toward attaining liberation through reducing karmic impressions on souls. The article discerns the differences between Jain practice of ahiṃsā and ahiṃsā as an environmental ethos; it argues that to recognize ahiṃsā as an environmental ethic a broader reconceptualization is required beyond the way it is currently conceptualized in Jainism.
110. International Journal of Applied Philosophy: Volume > 33 > Issue: 1
Mohammad M. Tajdini

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Fundamentalism was and still is a major threat to global peace and security. The modern world has shown itself to be vulnerable to this persistent threat. The emergence and growth of many fundamentalist cults in the last century, from fascism and communism to various types of religious fundamentalism, is sufficient proof of this point. This paper presents a philosophical investigation of fundamentalism and its specific relation to skepticism, and highlights the ineffectiveness of skeptical philosophies to prevent fundamentalism in human society. Finally, it identifies a theoretical problem in modern thought which is at least partly responsible for the practical vulnerability of the modern world to fundamentalism, and discusses the possibility and necessity of a solution to fix that problem.
111. International Journal of Applied Philosophy: Volume > 33 > Issue: 1
Charlie Ohayon, Tara Flanagan

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Changing the appraisal of stress to foster adaptive coping for students is explored by proposing an alternative lens theory of viewing the stress response from the perspective of Greek philosophy of Stoicism. The connection of Lazarus’s challenge appraisal (Lambert and Lazarus, “Psychological Stress and the Coping Process,” 634) to resilience and Stoicism is a novel perspective brought about by re-examining the foundations of current practices and has the potential to elicit new research, theories, and resources to help students learn to cope with stress differently. The concepts of stress, Stoicism, and resilience are all inextricably linked, however Stoicism is at the root of these ideas. This proposal to view stress through the lens of Stoicism is an opportunity to alter the way students think and respond to challenges by using an ancient philosophy to have a positive outlook on the stresses of modern university life.
112. International Journal of Applied Philosophy: Volume > 33 > Issue: 1
Francisco Javier Lopez Frias, Cesar R. Torres

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The ethics of using genetic engineering to enhance athletic performance has been a recurring topic in the sport philosophy and bioethics literature. In this article, we analyze the ethics of cloning horses for polo competition. In doing so, we critically examine the arguments most commonly advanced to justify this practice. In the process, we raise concerns about cloning horses for polo competition, centering on normative aspects pertaining to sport ethics usually neglected by defenders of cloning. In particular, we focus on (1) how this practice could have a detrimental impact on the central skills of polo, and (2) how it unjustly creates an uneven playing field. We suggest that the polo community would benefit from critically considering the ethical quandaries posed by the practice of cloning horses for polo competition.
113. International Journal of Applied Philosophy: Volume > 33 > Issue: 1
Marius A. Pascale

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In “The Immorality of Horror Films,” philosopher and film scholar Gianluca Di Muzio proposes an analytic argument that aims to prove horror narratives, particularly slashers, unethical. His Argument from Reactive Attitudes contests slashers encourage pleasurable responses towards depictions of torture and death, which is possible only by suspending compassionate reactions. Doing so degrades sympathy and empathy, causing desensitization. This article will argue Di Muzio’s ARA, while valuable to discussion of art horror and morbidity, fails to meet its intended aim. The ARA contains structural flaws in its logic, compounded by reliance on insufficient evidence. Additionally, Di Muzio does not adequately consider or rebut prominent aesthetic concerns, including ontological and moral distance of representations. Lastly, the argument utilizes a flawed classificatory schema that undermines its primary goal. Even narrowly confined to slashers, the ARA cannot explain alternative reasons for engaging with horror, nor does it account for those nuanced slasher works designed to foster compassion. The project concludes by offering a modified ARA with greater potential to accurately analyze the interrelation between art horror and morality.

114. International Journal of Applied Philosophy: Volume > 33 > Issue: 1

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symposium on medical errors

115. International Journal of Applied Philosophy: Volume > 32 > Issue: 2
Andy Wible

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Medical errors are the third leading cause of death in the United States, and there is growing consensus that medical errors should be discussed after they occur. This essay argues that potential errors should be discussed with patients as well in the informed consent process prior to treatment. While physicians don’t have the obligation to tell patients to go to physicians and hospitals that would present less potential for error, patients should be told of increased risks compared to other options, and be guided through the data on physician and hospital rankings. Suggestions are given to improve this informed consent process.
116. International Journal of Applied Philosophy: Volume > 32 > Issue: 2
Ben Almassi

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One limitation of medical ethics modeled on ideal moral theory is its relative silence on the aftermath of medical error: not just on the recognition and avoidance of malpractice, wrongdoing, or other such failures of medical ethics, but on how to respond given medical wrongdoing. Ideally, we would never do each other wrong; but given that inevitably we do, as fallible, imperfect agents we require non-ideal ethical guidance. For such non-ideal contexts, Nancy Berlinger’s analysis of medical error and Margaret Walker’s account of moral repair present powerful hermeneutical and practical tools toward understanding and enacting what is needed to restore relationships, trust, and moral standing in the aftermath of medical error and wrongdoing. Where restitutive justice aims to make injured parties whole and retributive justice to mete out punishment, reparative justice, as Walker describes it, “involves the restoration or reconstruction of confidence, trust, and hope in the reality of shared moral standards and of our reliability in meeting and enforcing them.” Medical moral repair is not without its challenges, however, in both theory and practice; the standard ways of holding medical professionals and institutions responsible for medical mistakes or malpractice function retributively and restitutively, either impeding or giving benign inattention to patient-practitioner relationship repair. This paper argues for the value of medical moral repair, while considering some complications of extending and synthesizing Berlinger’s and Walker’s respective accounts on medical error and moral repair.
117. International Journal of Applied Philosophy: Volume > 32 > Issue: 2
Raymond J. Higbea, Alyssa Luboff

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In the mid-nineteenth century, healthcare delivery began transitioning from an individual, private payment model to a third-party payment model, dominated by the insurance industry. During the same time, productivity shifted from a transformational model, centered on the provider-patient relationship, to a transactional model, based on the distribution of services. The emergence of medical insurance and other third-party payers removed providers and patients from discussions about treatment plans, payment, and risk. This resulted in a weakening, if not fracturing, of the provider-patient relationship. All healthcare providers enter their profession to care for people, yet what has most frequently been lost in the transformed relationship over the past century is context, communication, and trust—all elements of a relational ethic, or what ethicist and psychologist Carol Gilligan first described as, “the ethics of care.” This loss of relationality has led to a model of healthcare delivery that is fractured, isolated, and uncoordinated, with an epidemic of medical errors that by some estimates results in the death of approximately 400,000 individuals per year. Thus far, isolated foci on patient quality, outcomes, and safety have been feckless and unimpressive. However, new advanced payment models, such as value-based purchasing and patient-centered medical homes, have the potential to reduce medical error by addressing its root cause. In linking payment to factors such as context, communication, and trust, they bring relationality back into the healthcare system. This essay traces the historic devolution of the provider-patient relationship and the promise of new payment models to restore it.
118. International Journal of Applied Philosophy: Volume > 32 > Issue: 2
Mark Huston

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In this essay, at the epistemological level I focus on groups, and not merely individuals, when examining medical errors on behalf of both the medical industry and patients who engage in medical conspiracy theories. Specifically, I use the work in virtue and vice epistemology by Quassim Cassam and Miranda Fricker to diagnose some of the problems that arise with medical conspiracism. Cassam identifies the vice conspiracist mentality to help explain the preponderance of conspiracy theorizing. Fricker provides a framework for thinking about group errors by identifying the vices of testimonial and hermeneutic injustice. I argue that medical conspiracists present a warped version of Fricker’s vices by acting as if they are the victims of these injustices instead of the purveyors of them. In addition, I argue that errors on behalf of various medical groups, such as hospitals and health organizations, reinforce many conspiracy theories.
119. International Journal of Applied Philosophy: Volume > 32 > Issue: 2
Christopher A. Riddle

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In this brief paper, a case is made for the moral permissibility of assisted dying. The paper proceeds by highlighting a common critique from within disability rights scholarship and advocacy that emphasizes the vulnerability of people with disabilities and the risks associated with permitting assisted dying. The paper suggests that because medicine necessarily involves risk, primarily through the high likelihood of medical error, that the risk and harm being utilized as a justification to prohibit assisted dying by disability rights scholars is in fact, not conceptually or morally unique. Finally, it is argued that because all medicine involves a risk of harm, and assisted dying is not unique in this respect, that one cannot effectively launch a critique of assisted dying on this basis.

articles

120. International Journal of Applied Philosophy: Volume > 32 > Issue: 2
Jessica Adkins

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Feminists continue to express concerns over the legalization of physician-assisted death (PAD). Some worry that women are more likely than men to request PAD due to societal stereotypes and the pressures put on women to be self-sacrificing. Others worry that women will have their requests ignored more often than men because women’s voices are traditionally silenced or disregarded in western culture. Rather than join in the above argument of speculating which way women may be marginalized, I accept PAD as potentially dangerous and offer a solution in order to avoid the risks of injustice associated with PAD. I reframe the concerns as epistemological worries, and ultimately, I turn to Benjamin McMyler’s virtue epistemology as a way to avoid testimonial injustice in requests for life hastening medication, suggesting that the injustice comes from a narrow and individualistic perception of knowledge, and injustice can be avoided if we understand testimonial knowledge to be both cognitive and social.