Page 59 - Contribution To Phenomenology
P. 59

52                    RICHARD    M  ZANER

              sound  judgment  and  reach  right  decisions  requires  a  concerted  effort  to
              know  just  how  matters  actually  stand.  The  matters  at  hand,  if  you  will,
              "matter*'  enormously  to  both.
                "To  come  to  know"  something  is  to  take  it  to  be  "thus  and  so,"  to
              take  up  some  modal  position  {Positionalimt)  ([14],  pp.  223-250)  toward
              it.  For  instance,  one  may  think  one  knows  something  "fairly  well,"  "sort
              of,"  "surely,"  "not  at  all  well,"  or  some  other  modaUty.  To  take  a
              position  is  in  effect  to  make  a  claim  leading  directly  and  ineluctably  to
              the  practical  "outcomes," which appeal  to  some  evidence  that  is  supposed
              to  ground or  account  for  the  position  taken—the  more  vital  the  issue,  the
              more  crucial  becomes  the  need  for  solid  evidence  to  ground the  decisions
              that  must  be  made.
                So  far  as  decisions  rest  on  claims  that  in  turn  appeal  to  evidence,
              relevant  experiences  are  essential.  As  Husserl  insists,  evidence  is,  "in  an
              extremely  broad sense, an  'experiencing  of  something  that  is,  and  is  thus
              . . . "  ([11],  p.  12).  Evidence  is  not  a  sort  of  rare  and  special  *datum,'
              a  magical  wand  or  a  conferral  from  on  high  having  special  privilege  or
              guarantee  ([12],  pp.  161,  177,  180,  289).  To  the  contrary,  evidence  is  a
              matter  of  relevant  experience  and  is  essentially  contextual;  it  is  relative to
              whatever  it  may  be  that  best  serves  as  the  grounds  for  what  is  claimed,
              relative  to  the  specific  types  of  experience  through  which  the  affairs  in
              question  are  encountered  or  by  means  of  which  one  is  at  all  aware  of
              them:  evidence  about  fetal  hydrocephaly cannot  be  the  same  as  evidence
              for  anger.
                Furthermore,  even  if  there  seems  to  be  good  evidence  for  believing
              that  something  is  this  or  that,  the  possibility  of  error  or  deception  is  not
              precluded.  The  possibility of  deception  is  inherent  in  the  evidence  of
              experience,  in  Husserl's  broad  sense,  "and  does  not  annul  either  its
              fundamental  character  or  its  effect  . . . "  ([12],  p.  156).  No  genuine
              evidence  can  provide  "an  absolute  security  against  deceptions" or  errors
              ([12],  pp.  157, 284-289).  Thus, in ethics  and especially  clinical  ethics, there
              is  a  clear  demand  for  addressing  uncertainty,  error,  deception,  and
              ambiguity—and  therefore  a  need  for  the  physician  to  have  specific  plans
              in  place  in  the  event  of  error  or  mistake.
                As  "experience"  in  the  generic  sense  (Erfahrung),  evidence  refers  to
              the  particular  ways  in  which  some  affair  ("anger,"  "hydrocephaly,"  etc.)
              is  experienced  (is  given  or  otherwise  presented),  or  through  which  one
              is  able  to  become  aware  of  or  to  encounter  that  affair—and  on  that
              basis,  come  to  know  it,  make  claims  about  it,  and  reach  appropriate
   54   55   56   57   58   59   60   61   62   63   64