The aim of the present paper is to examine the contribution of evaluative conditioning (EC) to attitude formation theory in social psychology. This aim is pursued on two fronts. First, evaluative conditioning is analysed for its relevance to social psychological research. We show that conditioned attitudes can be acquired through simple co‐occurrences of a neutral and a valenced stimulus. Moreover, we argue that conditioned attitudes are not confined to direct contact with a valenced stimulus, but can be formed and dynamically (...) reformed indirectly, through association chains. Second, social research is examined in an effort to identify evaluative learning mechanisms. We suggest that several important phenomena in social psychology (e.g., ingroup favouritism, prejudice, name letter effect) are at least partly due to simple mechanisms of evaluative learning. The implications for attitude formation theory and for applied settings are discussed. (shrink)

I introduce the topic of the Special Issue and highlight the central themes that the six contributors address in their essays. The moral-philosophical problem of the possibility of bad action is situated within the broader context of its action-theoretical significance, that is, as the most important challenge to the influential idea that an intentional action is necessarily performed under the guise of the good. J. David Velleman’s discussion of the character of Milton’s Satan is mentioned to illustrate the Special Issue’s (...) main question of whether instantiations of individual and collective agency are conceivable that deliberately act for the sake of the bad. (shrink)

The introduction summarizes the main arguments formulated in the six papers of this special issue on Constitutivism and Kantian Constructivism in Ethical Theory. We highlight the unifying theme addressed in the essays, i.e., the question of whether constitutivism is able to fulfill the promise of providing an account of normativity starting from relatively slender assumptions, including the avoidance of realist presuppositions.

A central element of constitutivist accounts of categorical normativity is the claim that the ultimate foundation of the relevant kind of practical authority is sourced in certain tasks, features, and aims that every person inevitably possesses and inescapably has to deal with. We have no choice but to be agents and this fact is responsible for the norms and principles that condition our agency-related activities to have anunconditional normative grip on us. Critics of constitutivism argue that it is exactly because (...) of itsinescapability that agency is a powerless source of normative authority. I investigate why our intuitionsconcerning the appeal to inescapability point into such contrary directions. Why do we feel the attraction ofgrounding categorical normativity in phenomena that not even the skeptic can ignore, on the one hand, butseem to hold dear the principle that “ought implies need not,” on the other? Instead of fully developing thethird, neutral, way of conceptualizing the relationship between inescapability and normativity that theimpasse between constitutivists and their critics suggests, this paper diagnoses the disagreement at hand.That agency is inescapable does neither guarantee nor rule out its status qua source of categoricalnormativity. Both camps of the debate overlook this option and depict their opponents as adhering to animplausible perspective of how appeals to inescapability and unconditional normativity are related. Sincethe debate relies on a false dichotomy it is not surprising that its participants so often talk past each other. (shrink)

According to Thomas Christiano, autonomy-centered arguments for democratic rights are not successful. These arguments fail to show that there is anything wrong with citizens who want to trade-off their political rights in exchange for more autonomy regarding their private affairs. The trade-off problem suggests that democratic participation is not necessary for leading a free life. My reply employs recent work in the republican tradition. The republican conception of freedom as non-domination supports the incommensurability of the public and the private aspects (...) of autonomy. Christiano overlooks that trading-off the normative conditions of one’s public autonomy results in agents who are mere subjects to the dominating will of those citizens who retain their democratic rights. Since democratic decisions apply to all citizens, the privatized members end up being dominated, especially with respect to the collective determination of the very border separating the private from the public realm. (shrink)

Their important exegetical and philosophical disagreements notwithstanding, Pauline Kleingeld and Marcus Willaschek, on the one hand, and Alyssa Bernstein, on the other, seem to agree that Kant’s Categorical Imperative transcends the contemporary dichotomy between moral realism and ethical constructivism. My contribution is an attempt to further elaborate on the third, unique, conceptual option that they have identified. I employ the notion of an “enabling condition,” introduced in epistemology and action theory by Jonathan Dancy, in order to show that the Categorical (...) Imperative enables action and is enabled by action. The Categorical Imperative (as distinct from specific categorical imperatives and moral laws) is discussed as a structural, but still normative, coherence and consistence norm of practical reasoning. As such it is two things at the same time, namely, first, the most fundamental normative background condition of practical deliberation, choice, and action. Second, however, the mutual enabler-enablee-relationship between action and Categorical Imperative points in the other – “not-so-Kantian” – direction as well: individual practical deliberation, understood as the mundane phenomenon that penetrates the lives of agents, is the (existence) condition that enables the Categorical Imperative in normatively-structured action. (shrink)

This article examines the idea that “human dignity” means that humans as such are valuable. It does so not from a perspective of normative or metaethics but from the perspective of the practice of valuing that consists in manifested dispositions of actions and emotions. From this point of view a commonly neglected problem becomes evident: How can we value a concrete person non-instrumentally without any reference to her individual properties or achievements and without having any relationship with this person? The (...) suggestion for an answer to this question coincidences with an answer to another question concerning the idea of human dignity, namely the question regarding the relation between the ideas of value on the one hand and dignity on the other hand: to be able to explain what it means to value humans as such, we have to assume that “dignity” is not just the indication of a certain value, but is also a condition that humans can be in. (shrink)

The increasing focus on disability rights—as found, for instance, in the U.N. Convention on the Rights of Persons with Disabilities —challenges philosophical imaginaries. This article broadens the philosophical imaginary of freedom by exploring the relation of dependence, independence, and interdependence in the lives of people with disabilities. It argues that traditional concepts of freedom are rather insensitive to difference within humanity, and that the lives of people with severe disabilities challenge philosophers to argue and conceptualize freedom not only as independence (...) and interdependence but also as dependence. After tracing this need through a Hegelian understanding, via Julia Kristeva's work on disability, and finally the CRPD, it concludes that a unified solution might not be possible. Hence, it argues that disability issues necessitate philosophical modesty. (shrink)

Ideas about heredity and evolution are undergoing a revolutionary change. New findings in molecular biology challenge the gene-centered version of Darwinian theory according to which adaptation occurs only through natural selection of chance DNA variations. In Evolution in Four Dimensions, Eva Jablonka and Marion Lamb argue that there is more to heredity than genes. They trace four "dimensions" in evolution -- four inheritance systems that play a role in evolution: genetic, epigenetic, behavioral, and symbolic. These systems, they argue, can all (...) provide variations on which natural selection can act. Evolution in Four Dimensions offers a richer, more complex view of evolution than the gene-based, one-dimensional view held by many today. The new synthesis advanced by Jablonka and Lamb makes clear that induced and acquired changes also play a role in evolution.After discussing each of the four inheritance systems in detail, Jablonka and Lamb "put Humpty Dumpty together again" by showing how all of these systems interact. They consider how each may have originated and guided evolutionary history and they discuss the social and philosophical implications of the four-dimensional view of evolution. Each chapter ends with a dialogue in which the authors engage the contrarieties of the fictional "I.M.," or Ifcha Mistabra -- Aramaic for "the opposite conjecture" -- refining their arguments against I.M.'s vigorous counterarguments. The lucid and accessible text is accompanied by artist-physician Anna Zeligowski's lively drawings, which humorously and effectively illustrate the authors' points. (shrink)

This article historicizes a single stage in how the contemporary obsessive–compulsive disorder (OCD) category was built. Starting from the position that the two central components which make up OCD are ‘obsessions’ and ‘compulsions’, it illustrates how these concepts were taken apart by a small group of clinical psychologists working at the Institute of Psychiatry and the Maudsley psychiatric hospital in south London in the early 1970s, and why compulsions were investigated whilst obsessions were ignored. The decision to distinguish the previously (...) undifferentiated symptoms is attributed to the commitment amongst psychologists at the Maudsley, most notably Stanley Rachman, to an empirical conception of science which emphasized observability. Two aspects of this are discussed. First, compulsions were deemed ‘visible’ through their correspondence with animal behaviour. Second, the symptom was seen as open to an experimental modification procedure which privileged visible outcomes. Ultimately, the article concludes that the historical division between ‘obsessions’ and ‘compulsions’, and the extensive investigation of the latter, has had substantial implications for the development of OCD as a category centred on visible behaviours and treated through behavioural means. (shrink)

Name der Zeitschrift: Kant-Studien Jahrgang: 107 Heft: 1 Seiten: 64-88.

Socially responsible business and ethical behaviour of companies have been of interest to academia and practice for decades. But the focus has almost exclusively been on large corporations while small- and medium-sized enterprises (SME) have not received as much attention. Thus, this paper focuses on socially responsible business practices of SME entrepreneurs or owner–managers in Germany. Based on the assumption that decision-makers in SMEs are the central point where all business activities start, members of a German entrepreneurs association were approached (...) in the course of a qualitative and quantitative survey. They were asked to assess in what way their social responsibility is expressed in specific management practices towards selected stakeholder groups. These practices in turn were assumed to result in perceived positive reactions of the respective stakeholders and subsequently to positively influence the firm's financial performance, i.e. cost reductions and increase in profits. In the paper, a research model is presented that elaborates the relationship between an SME executive's social responsibility and the value creation of a firm, i.e. whether (personal) values create (economic) value. It was found that socially responsible management practices towards employees, customers and to a lesser extent society have a positive impact on the firm and its performance. As such, values can create additional value. (shrink)

Socially responsible business and ethical behaviour of companies have been of interest to academia and practice for decades. But the focus has almost exclusively been on large corporations while small- and medium-sized enterprises (SME) have not received as much attention. Thus, this paper focuses on socially responsible business practices of SME entrepreneurs or owner–managers in Germany. Based on the assumption that decision-makers in SMEs are the central point where all business activities start, members of a German entrepreneurs association were approached (...) in the course of a qualitative and quantitative survey. They were asked to assess in what way their social responsibility is expressed in specific management practices towards selected stakeholder groups. These practices in turn were assumed to result in perceived positive reactions of the respective stakeholders and subsequently to positively influence the firm's financial performance, i.e. cost reductions and increase in profits. In the paper, a research model is presented that elaborates the relationship between an SME executive's social responsibility and the value creation of a firm, i.e. whether (personal) values create (economic) value. It was found that socially responsible management practices towards employees, customers and to a lesser extent society have a positive impact on the firm and its performance. As such, values can create additional value. (shrink)

An influential strand in recent action-theory employs constitutivist arguments in order to present accounts of individual agency and practical identity. I argue for an extension of this framework into the interpersonal realm, and suggest using it to reassess issues in jurisprudence. A legal system is an instantiation of the solution to the inescapable tasks of self-constituting action and identity-formation in the presence of other agents. Law's validity and normativity can be enlightened when the constitutivist approach considers the external prerequisites of (...) individuals' self-conceptions qua agents. More specifically, this argumentative strategy allows a reassessment of Fuller's “internal morality of law.” Whereas, pace Fuller, morally substantive conclusions cannot be derived from formal criteria of legality, there are unconditional normative requirements that constrain law. (shrink)

'...a challenging and useful book, both because it provokes a careful scrutiny of one's own basic ideas regarding evolutionary theory, and because it cuts across so many biological disciplines.' -The Quarterly Review of Biology 'In my view, this work exemplifies Theoretical Biology at its best...here is rampant speculation that is consistently based on cautious reasoning from the available data. Even more refreshing is the absence of sloganeering, grandstanding, and 'isms'.' -Biology and Philosophy 'Epigenetics is fundamental to understanding both development and (...) gene expression, and not surprisingly, evolutionary biologists have long been fascinated with its proper place in evolutionary theory...Enter Jablonka and Lamb, who provide a thoughtful review of the recent molecular literature and suggest a number of potential consequences.' -EvolutionSince first publication of this controversial book, much of the initial opposition to the ideas it contained has been replaced by a general, although often grudging, acceptance of them. Advances in knowledge, especially at the molecular level, have enhanced general awareness and interest in epigenetics and the evolution of systems that store and transmit information and put any of the authors' speculations on a more solid basis. This paperback edition contains a new Preface that sets out the major changes in the scientific world and in the authors' own thinking that have occurred since the book was published. A new Appendix provides a selected bibliography of the many books and articles about epigenetic inheritance and its role in evolution that have appeared since first publication. (shrink)

The scientific study of consciousness or subjective experiencing is a rapidly expanding research program engaging philosophers of mind, psychologists, cognitive scientists, neurobiologists, evolutionary biologists and biosemioticians. Here we outline an evolutionary approach that we have developed over the last two decades, focusing on the evolutionary transition from non-conscious to minimally conscious, subjectively experiencing organisms. We propose that the evolution of subjective experiencing was driven by the evolution of learning and we identify an open-ended, representational, generative and recursive form of associative (...) learning, which we call Unlimited Associative Learning (UAL), as an evolutionary transition marker of minimal consciousness. This evolutionary marker provides evidence that the evolutionary transition to consciousness has gone to completion and allows reverse-engineering from this learning capacity to the system that enables it – making possible the construction of a toy model of UAL. The model allows us to identify some of the key processes and structures that constitute minimal consciousness, points its taxonomic distribution and the ecological context in which it first emerged, highlights its function and suggests a framework for exploring developmental and evolutionary modifications of consciousness. We point to ways of experimentally testing the relationship between UAL and consciousness in human and in non-human animals and discuss the theoretical and ethical implications of our approach. The framework we offer allows the exploration of the evolutionary changes in agency, value systems, selective processes and goals that were involved in the transition to subjective experiencing from a perspective that resonates with the approaches of bio-semioticians. (shrink)

Contingent valuation surveys generally elicit stated preferences by asking how much a respondent would be willing to pay for an environmental improvement. By drawing on linguistic theory, we propose that the modal phrasing of this question establishes a particular type of commitment towards a hypothetical payment, namely a subjective want or desire. Based on the idea that beyond subjective desires, considerations about what is morally adequate may guide expressed values and that elicitation of these can be linguistically facilitated, we employ (...) an experimental framework to investigate the effects of different modals ( willing, should and appropriate) in the elicitation question on stated preferences. We find that elicited amounts with appropriate are higher than those elicited with willing and should for environmental improvements more associated with use values, while differences are non-significant for environmental improvements more associated with non-use values. We discuss the implications of our findings for stated preference studies, as well as the potential broader theoretical implications that our study entails regarding linguistic representations of the moral entrenchment of environmental values. (shrink)

Christoph Hanisch | : I discuss and compare Joseph Raz’s and Christine Korsgaard’s accounts of reasons for action. One fundamental disagreement separating the two approaches is the role that they assign to two central features of practical deliberation: Korsgaard assigns priority to identity-constituting practical principles, whereas for Raz reasons are the fundamental normative units. In the course of this comparison, two claims are defended: Taking-up a realist stance vis-à-vis one’s reasons is a non-optional feature of one’s first-personal deliberative standpoint. (...) This remains true even if this renders the workings of an agent’s reasons analogous to a placebo. The motivational aspect of an agent’s reasons should not be conceived along causalist lines. Exploiting a thought by Hegel, I discuss an alternative conception of reasons’ temporal genesis and force—i.e., one that allows reasons for a particular action to emerge at a later point. | : Cet article résume et compare les théories de Joseph Raz et de Christine Korsgaard sur les raisons qui supportent l’action. Un désaccord fondamental séparant ces deux approches tient au rôle qu’elles attribuent à deux caractéristiques essentielles de la délibération pratique : Korsgaard accorde un primat normatif à l’identité constituant les principes pratiques, alors que Raz accorde ce primat aux raisons comme unités normatives. Au fil de cette comparaison, deux revendications sont défendues : 1) L’adoption d’une position réaliste quant aux raisons de quelqu’un est une caractéristique non facultative de son point de vue délibératif à la première personne. Cela reste vrai même si cela rend le fonctionnement des motifs d’un.e agent.e analogue à celui d’un placebo. 2) L’aspect motivationnel des raisons d’un.e agent.e ne doit pas être conçu selon une perspective causaliste. Exploitant une idée de Hegel, je discute d’une autre conception possible de la genèse temporelle et de la force des raisons d’agir, ce qui permet d’envisager qu’elles peuvent aussi apparaître après coup. (shrink)

Telepsychiatry has long been discussed as a supplement to or substitute for face-to-face therapeutic consultations. The current pandemic crisis has fueled the development in an unprecedented way. More and more psychiatric consultations are now carried out online as video-based consultations. Treatment results appear to be comparable with those of face-to-face care in terms of clinical outcome, acceptance, adherence and patient satisfaction. However, evidence on videoconferencing in a variety of different fields indicates that there are extensive changes in the communication behaviour (...) in online conversations. We hypothesise that this might impact ethically relevant aspects of the therapeutic relationship, which plays a prominent role in psychiatry. In this paper, we review effects of video-based consultations on communication between therapists and patients in psychiatry. Based on a common understanding of video-based consultations as changing the lived experience of communication, we categorise these effects according to sensory, spatial and technical aspects. Departing from a power-based model of therapeutic relationships, we then discuss the ethical significance of this changed communication situation, based on dimensions of respect for autonomy, lucidity, fidelity, justice and humanity. We conclude that there is evidence for ethically relevant changes of the therapeutic relationship in video-based telepsychiatric consultations. These changes need to be more carefully considered in psychiatric practice and future studies. (shrink)

The author investigates the notion of linguistic meaning in gender research. She approaches this basic problem by drawing upon two very different conceptions of language and meaning: that of the logician Gottlob Frege and that of the linguist Ferdinand de Saussure. Motivated by the controversial response the Anglo-American sex/gender debate received within the German context, the author focuses on the connection between this epistemological controversy among feminists and two discursive traditions of linguistic meaning , to show how philosophy of language (...) can contribute to current feminist debates. (shrink)

In 1809--the year of Charles Darwin's birth--Jean-Baptiste Lamarck published Philosophie zoologique, the first comprehensive and systematic theory of biological evolution. The Lamarckian approach emphasizes the generation of developmental variations; Darwinism stresses selection. Lamarck's ideas were eventually eclipsed by Darwinian concepts, especially after the emergence of the Modern Synthesis in the twentieth century. The different approaches--which can be seen as complementary rather than mutually exclusive--have important implications for the kinds of questions biologists ask and for the type of research they conduct. (...) Lamarckism has been evolving--or, in Lamarckian terminology, transforming--since Philosophie zoologique's description of biological processes mediated by "subtle fluids." Essays in this book focus on new developments in biology that make Lamarck's ideas relevant not only to modern empirical and theoretical research but also to problems in the philosophy of biology. Contributors discuss the historical transformations of Lamarckism from the 1820s to the 1940s, and the different understandings of Lamarck and Lamarckism; the Modern Synthesis and its emphasis on Mendelian genetics; theoretical and experimental research on such "Lamarckian" topics as plasticity, soft (epigenetic) inheritance, and individuality; and the importance of a developmental approach to evolution in the philosophy of biology. The book shows the advantages of a "Lamarckian" perspective on evolution. Indeed, the development-oriented approach it presents is becoming central to current evolutionary studies--as can be seen in the burgeoning field of Evo-Devo. Transformations of Lamarckism makes a unique contribution to this research. (shrink)

: The author investigates the notion of linguistic meaning in gender research. She approaches this basic problem by drawing upon two very different conceptions of language and meaning: (1) that of the logician Gottlob Frege and (2) that of the linguist Ferdinand de Saussure. Motivated by the controversial response the Anglo-American sex/gender debate received within the German context, the author focuses on the connection between this epistemological controversy among feminists and two discursive traditions of linguistic meaning (analytic philosophy and poststructuralism), (...) to show how philosophy of language can contribute to current feminist debates. (shrink)

This dissertation is concerned with the moral-philosophical dimensions of global poverty and inequality. The first chapter argues in favour of justice-based – contrasted with beneficence-based – obligations asking the wealthy to actively do something about severe poverty abroad. The distinguishing property of justice-based obligations is that they derive their high level of moral stringency from the fact that they ask the obligation-bearer to rectify for past and/or present violations of negative obligations, such as the obligation not to harm anybody. Partly (...) in following and partly in reinterpreting Thomas Pogge the first chapter concludes that the current economic and political order harms the global poor by making it difficult or impossible for them to satisfy their basic needs. To the extent that better-off states uphold such an unjust global order and contribute to the poor’s enduring dire straits they have obligations of justice to secure the basic needs of the poor. This is why the approach introduced and defended in this essay is called “basic needs cosmopolitanism”. The second chapter examines the idea of “basic needs” more detailed. Basic needs cosmopolitanism employs a specific notion of basic needs that is derived from Martha Nussbaum’s list of ten central human functional capabilities. These capabilities are of universal appeal, i.e. they are concerned with activities and states of being that are indispensable features of every human life. After discussing Nussbaum’s justification for the universal applicability of her list and after examining in more detail the list itself the argument distinguishes between basic needs for the material and basic needs for the non-material prerequisites for possessing these central capabilities. Both groups of basic needs have to be satisfied by a sufficient quality and quantity in order for a society to count as being able to meet its citizens basic needs and as being able to secure all its citizens’ central capabilities. The crucial idea is that if Nussbaum’s central capabilities are presented as having universal appeal, the related basic needs are of global applicability as well. The standard of material and non-material prerequisites is applied to a) the question of whether and to what extent the global order harms the poor and b) the question of what and how much material transfers from the wealthy to the poor are required on grounds of justice. Since this dissertation’s topic is global distributive justice the primary focus of this argument lies on the material pre-requisites that have to be available in order to secure central capabilities for all. This does not imply that the non-material basic needs for living in a society ruled by just and stable political and social institutions are less important. A complete version of basic needs cosmopolitanism will have to dedicate equal consideration to obligations of justice related to the global order’s responsibility for poor countries’ lack of the non-material prerequisites. The notion of “potential functionings”, introduced in concluding this essay, is supposed to underline the importance of securing central capabilities for all members of poor societies and expresses again basic needs cosmopolitanism’s commitment to identifying universal minimal standards of social and economic global justice. (shrink)

La quatrième de couverture indique : "Cet ouvrage se propose d'analyser l'idée de justice chez Montesquieu et de donner une nouvelle interprétation de la puissance de juger dans "L'Esprit des lois". Il montre comment Montesquieu analyse le droit et le pouvoir dans leurs manifestations hégémoniques ou plurielles. Lorsque Montesquieu s'interroge sur le dépositaire de la puissance de juger, sur la structure et l'évolution juridique à l'intérieur de l'Etat, il ne le fait pas de manière indépendante de sa réflexion sur le (...) droit guerre, la conquête, le commerce ou les colonies. C'est ainsi que dans l'oeuvre de Montesquieu les conditions de la liberté et de la justice dépassent toujours le cadre national et sont créées en interaction avec d'autres peuples et sociétés.". (shrink)

I develop the recent claim that prioritarianism, and not only its egalitarian competitors, must be committed to an impersonal outcome value (i. e. a value that makes a distribution better even if this does not affect anyone’s welfare). This value, that I label telic priority and that consists in the goodness of benefits going to the worst off recipients, implies implausible judgments that more than compete with ‘pure’ (Parfit) egalitarianism’s applause in leveling down scenarios. ‘Pure prioritarianism’, an axiological theory that (...) would consist in an unqualified commitment to telic priority only, must therefore be developed into a pluralist version of the priority view. Contra Parfit, prioritarianism and egalitarianism are on a par concerning the relationship between their pure (and implausible) formulations and their pluralist (and plausible) versions. The final section explains why telic priority always assigns preference to the worst-off (and not merely to the worse-off). (shrink)

A key feature of facial behavior is its dynamic quality. However, most previous research has been limited to the use of static images of prototypical expressive patterns. This article explores the role of facial dynamics in the perception of emotions, reviewing relevant empirical evidence demonstrating that dynamic information improves coherence in the identification of affect (particularly for degraded and subtle stimuli), leads to higher emotion judgments (i.e., intensity and arousal), and helps to differentiate between genuine and fake expressions. The findings (...) underline that using static expressions not only poses problems of ecological validity, but also limits our understanding of what facial activity does. Implications for future research on facial activity, particularly for social neuroscience and affective computing, are discussed. (shrink)

Conscientious objection has spurred impassioned debate in many Western countries. Some Norwegian general practitioners (GPs) refuse to refer for abortion. Little is know about how the GPs carry out their refusals in practice, how they perceive their refusal to fit with their role as professionals, and how refusals impact patients. Empirical data can inform subsequent normative analysis.

The semantic concept of information is one of the most important, and one of the most problematical concepts in biology. I suggest a broad definition of biological information: a source becomes an informational input when an interpreting receiver can react to the form of the source (and variations in this form) in a functional manner. The definition accommodates information stemming from environmental cues as well as from evolved signals, and calls for a comparison between information‐transmission in different types of inheritance (...) systems—the genetic, the epigenetic, the behavioral, and the cultural‐symbolic. This comparative perspective highlights the different ways in which information is acquired and transmitted, and the role that such information plays in heredity and evolution. Focusing on the special properties of the transfer of information, which are very different from those associated with the transfer of materials or energy, also helps to uncover interesting evolutionary effects and suggests better explanations for some aspects of the evolution of communication. (shrink)

The rediscovery in the mid-1970s of Ludwik Fleck's initially neglected monograph, Entstehung und Entwicklung einer Wissenschaftlichen Tatsache, published in 1935 and translated in 1979 as Genesis and Development of a Scientific Fact, has resulted in extensive, still ongoing, secondary writings, mainly within the humanities. Fleck has been interpreted as furthering a relativistic conception of science. Nowadays, he is often viewed as an important contributor to contemporary sociology of science and a forerunner to Thomas Kuhn. Fleck's account of the Wassermann reaction, (...) which forms the basis of his epistemology, has been praised as developed by a scientist well acquainted with the field in question. Because of the scarcity of available material on Fleck, however, the question of his sources has remained an unsolved issue. In the present article, an alternative reading is suggested. By focusing on the scientific content of the monograph, mainly neglected in the modern interpretations of Fleck, and on the so far overlooked sources of his writings traced back to their German origin, a better understanding of Fleck's account of the Wassermann reaction can be given. The consequences of this alternative reading for the conception of Fleck's monograph and for the impetus of his mission are discussed. (shrink)

On 11 September 2019, the verdict was read in the first prosecution of a doctor for euthanasia since the Termination of Life on Request and Assisted Suicide Act of 2002 was installed in the Netherlands. The case concerned euthanasia on the basis of an advance euthanasia directive for a patient with severe dementia. In this paper we describe the review process for euthanasia cases in the Netherlands. Then we describe the case in detail, the judgement of the Regional Review Committees (...) for Termination of Life on Request and Euthanasia and the judgement of the medical disciplinary court. Both the review committees and the disciplinary court came to the conclusion there were concerns with this case, which mainly hinged on the wording of the AED. They also addressed the lack of communication with the patient, the absence of oral confirmation of the wish to die and the fact that the euthanasia was performed without the patient being aware of this. However, the doctor was acquitted by the criminal court as the court found she had in fact met all due care criteria laid down in the act. We then describe what this judgement means for euthanasia in the Netherlands. It clarifies the power and reach of AEDs, it allows taking conversations with physicians and the testimony of the family into account when interpreting the AED. However, as a practical consequence the prosecution of this physician has led to fear among doctors about prosecution after euthanasia. (shrink)