This collection of essays forms a lively debate over the fundamental characteristics of legal and moral rights. The essays examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices.

In this paper, I identify and provide an explanation for a heretofore unrecognized puzzle in feminist aesthetics and the philosophy of horror. Many horror movie fans have an aversion to rape scenes. This is puzzling because genre fans are not equally bothered by the depiction of other types of violence and cruelty. I argue that we can make sense of this selective aversion by appeal to the notion of ‘distance’, which philosophers of horror use to explain why people are attracted (...) to horror movies in the first place. When we consume horror, we ‘distance’ ourselves from the scary things depicted, which allows other mechanisms to kick in that lead to overall enjoyment. I argue that ‘distance’ often collapses when viewers are confronted with depictions of rape because rape is common in real life and a gendered form of violence that is implicated in social injustice. (shrink)

This paper describes a practice innovation: the addition of formal weekly discussions of patients with prolonged PICU stay to reduce healthcare providers’ moral distress and decrease length of stay for patients with life-threatening illnesses. We evaluated the innovation using a pre/post intervention design measuring provider moral distress and comparing patient outcomes using retrospective historical controls. Physicians and nurses on staff in our pediatric intensive care unit in a quaternary care children's hospital participated in the evaluation. There were 60 patients in (...) the interventional group and 66 patients in the historical control group. We evaluated the impact of weekly meetings to establish goals of care for patients with longer than 10 days length of stay in the ICU for a year. Moral distress was measured intermittently and reported moral distress thermometer scores fluctuated. "Clinical situations" represented the most frequent contributing factor to moral distress. Post intervention, overall moral distress scores, measured on the moral distress scale revised, were lower for respondents in all categories, and on three specific items. Patient outcomes before and after PEACE intervention showed a statistically significant decrease in PRISM indexed LOS, a statistically significant increase in both code status changes DNR, and in-hospital death, with no change in patient 30 or 365 day mortality. The addition of a clinical ethicist and senior intensivist to weekly inter-professional team meetings facilitated difficult conversations regarding realistic goals of care. The study demonstrated that the PEACE intervention had a positive impact on some factors that contribute to moral distress and can shorten PICU length of stay for some patients. (shrink)

Oftentimes, reality seems to us a chaos that we try to control with our theories. This article starts from the antithetic standpoint, inspired by Antonio Rosmini’s works: reality is intelligible, and originates our thinking. From this perspective, any research that tries to reach the truth is determined by the real, not the contrary. Moreover, interdisciplinarity, far from being a solipsistic enterprise, aims at achieving truth and guaranteeing scientific advancement. Here, we analyze the distinctive character of Rosminian encyclopedism and his principles (...) for preventing human errors. We then clarify why it is impossible to achieve perfection, and why such an impossibility is not problematic for the interdisciplinary dialogue. (shrink)

Although the literature on corporate social responsibility has discussed the scope and meaning of CSR extensively, confusion still exists regarding how to define the concept. One controversial issue deals with the changing legal status of CSR. Based on a review of CSR definitions and meta-studies on CSR definitions, we find that the majority of definitions leans toward voluntary CSR. However, some recent regulatory amendments toward mandatory CSR have called into question the established idea of CSR as merely a managerial tool (...) of self-regulation. In this paper, we juxtapose the evolution of CSR in India against the scholarly literature discussing voluntary-versus-mandatory CSR to understand the recent shift toward a new conceptualization of CSR as a form of co-regulation that includes elements of both voluntary and mandatory regulation. The Indian Companies Act 2013 is a remarkable example in that it replaced an older version from 1956, taking a bold step toward the integration of voluntary and mandatory aspects in the application of CSR. We present practical implications of the Indian case for businesses and discuss implications for CSR theory development; we particularly consider the evolution of the business and society relationship from a voluntary soft law approach to CSR to an increasingly hard law approach and transitory hybrid forms in-between like soft–hard law and hard–soft law. (shrink)

Lucia Schwarz urges a reconsideration of the implications of species egalitarianism, which is an essential element of the position in environmental ethics that Paul Taylor calls “respect for nature.” Species egalitarianism’s claim that every living thing has equal inherent worth appears to lead to counterintuitive conclusions, such as that killing a human being is no worse than killing a dandelion. Species egalitarians have generally responded by explaining that species egalitarianism is compatible with recognizing moral differences between killing different types (...) of living things, and that some killing is morally permissible. Schwarz raises doubts about whether this deflationary defensive strategy is philosophically justified, and suggests that taking seriously the supposedly repugnant implications of species egalitarianism may have a salutary effect on the overall debate. (shrink)

La investigación propuesta indagó las relaciones que existen entre el derecho a la memoria y el derecho a la ciudad. Para ello se analizaron desde una teoría crítica de los derechos humanos y teniendo como punto de contacto entre ambos derechos las inscripciones espaciales que materializan la memoria colectiva en la ciudad de Madrid. Es así que se buscó comprobar, desde una dimensión jurídica basada en un enfoque de derechos y con perspectiva espacial, si aquellos lugares que materializan y garantizan (...) la memoria pueden a su vez garantizar el acceso al derecho a la ciudad en virtud de que colaboran en la creación de una ciudad más democrática. La metodología empleada consistió en un análisis crítico de textos, relevamiento y estudio exhaustivo de las normas y estándares nacionales e internacionales, políticas públicas locales, observación y registro de los lugares y, por último, una entrevista en profundidad mediante la técnica de muestra de caso sumamente importante para el problema analizado. (shrink)

Considering Rosmini’s political works in comparison with his metaphysical and anthropological essays, and starting from Rosmini's project of a code of law that, in the author’s opinion, can guarantee fundamental human rights, this article discusses the concept of justice between citizens and outsiders. Its first part is an analysis of Rosmini’s juridical fundaments, which takes into account also some objections historically moved against it. Its second part examines some specific cases of conflicts between outsiders and the members of civil society, (...) as considered by the Roveretan philosopher. (shrink)

Moral distress is a well-documented phenomenon for health care providers (HCPs). Exploring HCPs’ perceptions of participation in moral distress interventions using qualitative and quantitative methods enhances understanding of intervention effectiveness. The purpose of this study was to measure and describe the impact of a two-phased intervention on participants’ moral distress. Using a cross-over design, the project aimed to determine if the intervention would decrease moral distress, enhance moral agency, and improve perceptions about the work environment. We used quantitative instruments and (...) explored participants’ perceptions of the intervention using semi-structured interviews. Participants were from inpatient settings, within three major hospitals of a large, urban healthcare system in the Midwest, United States. Participants included nurses (80.6%) and other clinical care providers. Using generalized linear mixed modeling we assessed the change in each of the outcome variables over time controlling for groups. Interviews were audiotaped and professionally transcribed. The written narratives were coded into themes. The change in scores on study instruments trended in the desired direction however did not meet statistical significance. Qualitative interviews revealed that intervention effectiveness was derived from a combination of learning benefits, psychological benefits, and building community that promoted moral agency. Findings demonstrate a clear link between moral distress and moral agency and suggest that Facilitated Ethics Conversations can enhance the work environment. Findings provide insight for developing evidenced-based approaches to address moral distress of hospital nurses. (shrink)

The general question to be considered in this paper points to the nature of the world described by chemistry: what is macro-chemical ontology like? In particular, we want to identify the ontological categories that underlie chemical discourse and chemical practice. This is not an easy task, because modern Western metaphysics was strongly modeled by theoretical physics. For this reason, we attempt to answer our question by contrasting macro-chemical ontology with the mainstream ontology of physics and of traditional metaphysics. In particular, (...) we introduce the distinction between stuff-ontology, proper of chemistry, and individual-ontology, proper of physics. These two ontologies differ from each other in the basic categories of their own structures. On this basis, we characterize individual-ontology in such a way that the features of stuff-ontology will arise by contrast with it. (shrink)

Enaction, as put forward by Varela and defended by other thinkers (notably Alva Noë, 2004; Susan Hurley, 2006; and Kevin O’Regan, 1992), departs from traditional accounts that treat mental processes (like perception, reasoning, and action) as discrete, independent processes that are causally related in a sequen- tial fashion. According to the main claim of the enactive approach, which Thompson seems to fully endorse, perceptual awareness is taken to be a skill-based activity. Our perceptual contact with the world, according to the (...) enactionists, is not mediated by representations but is enacted, and the notion of representation, belonging to the classic computational paradigm, has no place in this alternative approach. Though Thompson does not pronounce directly on the issue of representationalism, he is most definitely keeping the company of anti-representationalists, and in that context it is not unreasonable to take his silence for consent. In this paper, we will argue that the enactive approach to imagery is unworkable unless it makes appeal to representations, understood in a particular way. Not understood as pictures, to be sure. Or sentences for that matter. But those aren’t the only options. (shrink)

Journal of Social Philosophy, EarlyView.

The aim of our study was to investigate the effects of a small therapeutic animal on the social behavior of nine autistic children. The social contacts of the autistic children were evaluated by a descriptive method of direct observation that was performed without and with the presence of a TA. In period one, contacts with an unfamiliar person and acquaintances were registered; in period two, contacts with the acquaintances and the TA were registered. The frequency of contacts of autistic children (...) with their acquaintances significantly increased in the presence of the TA . The frequency of contacts with the TA was significantly higher than the frequency of contacts with the UP . The form of the autistic children’s contacts with A, with the UP, and with the TA was individually dependent, and the presence of the TA changed the characteristics of contacts with A. Our results indicate that the presence of a small TA can positively influence the quantity and quality of the social behavior of autistic children and that the characteristics of social contacts were dependent on the individual. (shrink)

The aim of the study was to explore the experiences of night nurses. An interpretative phenomenological study was undertaken, and 35 nurses working in Italian medical, surgical and intensive care units were purposely recruited. Data were gathered in 2010 by semi‐structured interviews, collecting nurses' narratives, memorable cases and metaphors, aimed at summarising the essence of work as a nurse during the night. The experience of night nursing is based on four interconnected themes: (i) working in a state of alert, (ii) (...) growing by expanding autonomy and responsibility, (iii) assuring sensitive surveillance and (iv) experiencing deep intimacy. Memorable episodes were polarised along (i) expected/unexpected events; (ii) positive/negative epilogues; and (iii) life/death issues. Many of the emergent metaphors described working during the night as being in the middle of a space where an apparent calm scene takes place, but unpredictable factors may suddenly change the order of events and the outcomes, creating chaos. Working during the night alerts nurses, who increase autonomy, expanding their role and assuming more responsibility with respect to that assumed during daily shifts. The nurses' clinical reasoning is based on data they carefully listen to, and on the meaning that nurses give time by time to different noises and silence. While in the past a sense of companionships was reported, a loneliness or a ‘neutral’ experience concerning the relationships with colleagues seems to prevail during night nursing. Working night shifts is a complex task, and specific training must be assured to students/novices. (shrink)

In late February and early March 2020, Italy became the European epicenter of the COVID-19 pandemic. Despite increasingly stringent containment measures enforced by the government, the health system faced an enormous pressure, and extraordinary efforts were made in order to increase overall hospital beds’ availability and especially ICU capacity. Nevertheless, the hardest-hit hospitals in Northern Italy experienced a shortage of ICU beds and resources that led to hard allocating choices. At the beginning of March 2020, the Italian Society of Anesthesia, (...) Analgesia, Resuscitation, and Intensive Care issued recommendations aimed at supporting physicians in prioritizing patients when the number of critically ill patients overwhelm the capacity of ICUs. One motivating concern for the SIAARTI guidance was that, if no balanced and consistent allocation procedures were applied to prioritize patients, there would be a concrete risk for unfair choices, and that the prevalent “first come, first served” principle would lead to many avoidable deaths. Among the drivers of decision for admission to ICUs, age, comorbidities, and preexisting functional status were included. The recommendations were criticized as ageist and potentially discriminatory against elderly patients. Looking forward to the next steps, the Italian experience can be relevant to other parts of the world that are yet to see a significant surge of COVID-19: the need for transparent triage criteria and commonly shared values give the Italian recommendations even greater legitimacy. (shrink)

This study investigated students’ perceptions following a prepared, common presentation regarding academic integrity provided by their residence dons. This peer instruction study utilized both quantitative and qualitative analyses of survey data within a pre-test post-test design. Overall, students reported gains in knowledge, as well as confidence in their knowledge of academic integrity. Notably, students reported increases in their personal value for academic integrity after participating in the presentations. Overall, the quality and content of the presentations were judged positively, and participants’ (...) ratings of the presentation were predictive of increases in personal value of academic integrity, as well as self-reported knowledge and confidence gains. Qualitative analyses supported that the key ideas in the presentation served as the focal material for discussion, but also introduced specific topics that students wanted to explore in greater depth. (shrink)

Campbell, Ulrich, and Grady (2016) should be commended for attempting to contribute to the discussion of what many believe is currently a messy concept. They propose that a broader definition of mo...

Many published instruments for assessing adolescent adjustment can be implemented in the school context. However, most of them fail to include a comprehensive and positive theoretical perspective of adolescent development and, even when they do, priority is often given to the clinical perspective, or problems with ecological validity and cost-effectiveness emerge. The Magallanes Adaptation Scale is a 90-item Likert-instrument designed for Spanish-speaking adolescents in order to screen several adjustment areas from a holistic and positive perspective of development. Although some evidence (...) of its psychometric robustness has been tested, no confirmatory analysis of its structure has been published. This paper analyzes the items and the factor structure (exploratory factor analysis and confirmatory factor analysis, using the split-half method) of the scales. Participants were 948 Spanish adolescents (49.84% girls) aged between 11 and 17 and stratified sampled. Thirty-six items were removed from the item analysis. The results of the exploratory factor analysis revealed five factors, excluding mother’s adaptation. Several models were tested during the confirmatory factor analyses, with a 24-item second-order four-factor solution being found to have the best adjustment indicators. The short version proposed in this paper can constitute a helpful tool with screening purposes to help school teachers to assess students’ overall development beyond mere academic performance, although further validity research is needed. (shrink)

El objetivo de este texto es investigar sobre los posibles puntos de encuentro entre la psicoterapia existencial, un paradigma psicológico arraigado en las filosofías de la existencia, y el posicionamiento del profesor Marino Pérez Álvarez, quien se define a sí mismo como conductista radical, respecto a su manera de entender la existencia humana y el modelo más adecuado de psicoterapia. Para ello se proponen seis puntos de encuentro: necesidad de una fundamentación filosófica para la psicología, crítica al cientificismo y al (...) modelo médico, interpretación de los trastornos mentales como problemas de la vida cotidiana, recuperación del paciente como protagonista de la terapia, crítica a la psicología positiva y crítica al dualismo cartesiano. (shrink)

Some recent uses of artificial intelligence for facial recognition, evaluating resumes, and sorting photographs by subject matter have revealed troubling disparities in performance or impact based on the demographic traits of subject populations. These disparities raise pressing questions about how using artificial intelligence can work to promote justice or entrench injustice. Political theorists and philosophers have developed nuanced vocabularies and theoretical frameworks for understanding and adjudicating disputes about what justice requires and what constitutes injustice. The interdisciplinary community committed to understanding (...) and conscientiously using big data could benefit from this work. Thus, in the spirit of encouraging cross-disciplinary dialogue and collaboration, this piece examines contemporary scholarship in political theory and philosophy to illustrate some of the vocabularies and frameworks political theorists and philosophers have developed for thinking about justice and injustice. It then draws on these frameworks to illuminate how the use of artificial intelligence can implicate questions of justice, with a focus on institutional discrimination, structural injustice, and epistemic injustice. Ultimately, the piece argues that the use of artificial intelligence—far from representing a decision to take power out of human hands—represents a novel way of harnessing human power, making questions of justice central to its conscientious undertaking. (shrink)

Given a space in an elementary submodel M of H, define XM to be X∩M with the topology generated by . It is established, using anti-large-cardinals assumptions, that if XM is compact and its regular open algebra is isomorphic to that of a continuous image of some power of the two-point discrete space, then X=XM. Assuming in addition, the result holds for any compact XM satisfying the countable chain condition.

Drawing on many areas of expertise, from paleontology to psychology, Tomasello offers a plausible, evolutionary story abouthow our ancestors are likely to have developed cooperative behaviors and collaborative lifeways in order to survive and thrive.He also claims that this narrative explains why they would have begun to think in characteristically cooperative and moral ways,developing a “we is greater than me” [we>me] psychological orientation. Do the arguments offered support this extra claim? Thisarticle suggests that they do not. It seeks to alleviate (...) this shortcoming by drawing upon some conceptual resources offered bySartre’s Theory of Practical Ensembles. The centerpiece of the article consists of a detailed analysis of Sartre’s account of the genesisof the “group-in-fusion,” seeking to show that the genesis of a we-way of thinking in a group made up of many requires themediation of what Sartre calls a “third party” (le tiers). After closely examining Sartre’s treatment of the “third party” in theapocalyptic genesis of the “group-in-fusion,” I evaluate the success of this notion in resolving those questions that Tomasello’saccount raises while, at the same time, addressing the ontological question concerning the nature of the individual-grouprelation, in a way that suggests new and significant alternatives to standard dilemmas in contemporary social philosophy. (shrink)

The essay deals with the mechanism of interpretation for legal metaphorical expressions. Firstly, it points out the perspective the cognitive approach induced about legal metaphors; then it suggests that this perspective gains in plausibility when a new bilateral model of language understanding is endorsed. A possible sketch of the meaning-making procedure for legal metaphors, compatible with this new model, is then proposed, and illustrated with some examples built on concepts belonging to the Italian Civil Code. The insights the bilateral model (...) of understanding provides are compared with the practice followed by legal communities for dealing with the metaphorical expressions they coin and use. (shrink)

Traditionally, the “Imagery Debate” has opposed two main camps: depictivism and descriptivism. This debate has essentially focused on the nature of the internal representations thought to be involved in imagery, without addressing at all the question of action. More recently, a third, “embodied” view is moving the debate into a new phase. The embodied approach focuses on the interdependence of perception, cognition and action, and in its more radical line this approach promotes the idea that perception is not a process (...) involving internal world-models. The anti-representationalist version of the embodied paradigm covers, among others that we shall not discuss here, two quite different positions, namely the enactive approach and sensorimotor theory. Up to now these two anti-representationalist accounts have generally been confounded. In this paper we will argue that despite some important commonalities, enactive and sensorimotor accounts come with distinctive theoretical traits with regard to their approach to imagery. These become manifest when critically examining the role they assign to sensorimotor engagements with the world. We shall argue that enactive and sensorimotor approaches are different in their understanding of the role of embodied action, and these different notions of embodiment lead to different explanatory accounts of perception and imagery. We propose that, due to existing ambiguities in enactivism, the sensorimotor theory is a better framework for a skill-based approach to imagery. (shrink)

Resumen Este artículo intentará contribuir a la discusión teórica y filosófica política sobre la emancipación y la democracia en base a la producción intelectual reciente de Étienne Balibar y Jacques Rancière. Las nociones con las que ambos autores acompañan la idea de emancipación, por una parte, iluminan sobre otros modos posibles de pensar la política, las luchas y la transformación, y, por otra parte, permiten re-significar la filosofía y la política, así como la inclusión de la igualdad radical entre los (...) seres hablantes en el centro de la disputa teórica y política.This article will attempt to contribute to the theoretical and philosophical political discussion on emancipation and democracy based on the recent intellectual production of Étienne Balibar and Jacques Rancière. The notions with which both authors accompany the idea of emancipation, on the one hand, illuminate on other possible ways of thinking about politics, struggles and transformation, and, on the other hand, allow us to re-signify philosophy and politics, thus as the inclusion of radical equality between speaking beings at the center of the theoretical and political dispute. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Historical Narratives and the Meaning of NationalismLloyd KramerThe vast, expanding literature on nationalism may well defy every generalization except a familiar, general theme of intellectual history: texts about nationalism have always drawn their perspectives and passions from the evolving political and cultural contexts in which their authors have lived. Modern accounts of nationalism show the unmistakable traces of political, military, and cultural conflicts in every decade of the twentieth (...) century—from the era of nationalist rivalries before World War I to the redefinitions of gender, literature, and history that have emerged in contemporary postmodernism, postcolonialism, and multiculturalism.This connection between the texts of nationalist scholarship and the modern contexts of politics and culture suggests why historical narratives of nationalism have become part of the history of nationalism itself. Nationalism’s scholarly interpreters cannot easily separate themselves from the objects of their analysis, and their interpretations are often as diverse and fragmented as the nations they describe. This essay enters the debate on nationalism, describes recurring themes in the historical literature, and replicates a key characteristic of the historiography by stressing that the complexity of nationalism and its interpreters resists every simplifying, comprehensive definition. Histories of nationalism provide a striking example of how the history of ideas never reaches a point of uncontested closure and never finally escapes the political and cultural contexts in which all historical narratives are produced.Like most analysts of nationalism, I assume that it is one of the decisive forces in modern history and that its significance demands careful, critical analysis. It also calls for always incomplete definitions, one of which can be drawn from the German historian Peter Alter. Nationalism is “both an ideology and a political movement which holds the nation and sovereign nation-state to be crucial indwelling values, and which manages to mobilize the political will of [End Page 525] a people or a large section of the population.”1 Nationalist ideas are thus a distinctive form of modern thought that shapes the political actions and cultural identities of individuals as well as groups. The meanings of nationalism and national identity typically depend on various dichotomies that define the nation in terms of its differences from other places or people—the dynamic process of identity formation that has received wide attention in contemporary cultural studies. My own view of the “oppositional” structures in nationalist thinking coincides with the concise description by Peter Sahlins: “National Identity is a socially constructed and continuous process of defining ‘friend’ and ‘enemy’.... National identities... do not depend on the existence of any objective linguistic or cultural differentiation but on the subjective experience of difference.”2 Sahlins thus assumes that something called national identity is “there,” but he also insists that national consciousness is a “constructed” identity. Nationalism, in short, does not express or reflect a natural, primordial reality.The assumption that nationalisms are historical rather than natural phenomena shapes most of the scholarly literature, so that the study of nationalism leads to historical analysis rather than to biology or physical geography. Although there have been countless historical studies of nationalism in different periods, cultures, and conflicts,3 my discussion will refer to a small number of narratives that have made especially significant theoretical claims about the nature of nationalism. There is of course no way to analyze such theories without exclusions and generalizations, which I shall provide by focusing mostly on works about Europe and dividing the patterns of historical analysis into the following broad categories: (1) the description of nationalism as a central component of modernization, reflecting and also shaping intellectual, cultural, economic, social, and political transitions from premodern to modern history; (2) the claim that nationalisms are modern religious movements, related to but also displacing earlier religions; (3) the argument that nationalism is a linguistic, literary construction that depends on new forms of communication, intellectuals, and narratives; (4) the description of nationalism as a discourse of gender and ethnicity that shapes individual identities and also expresses anxieties about sexuality, culture, and respectability; and (5) the argument that nationalisms can be divided into categories (good/bad, Western/Eastern, [End Page 526] political/cultural) and phases that represent sharp differences in the development of modern... (shrink)

In 1929 Ludwig Wittgenstein met Raffaello Piccoli, the Serena Professor of Italian, with whom he arranged several meetings in the following terms. For a long time their intellectual friendship was suggested only by the occurrences of Piccoli’s name in Wittgenstein’s Cambridge Pocket Diaries, then a paper about Piccoli including hypothesis on his meetings with Wittgenstein was published (Marjanović 2005), and more recently, the diaries of a student of both Piccoli and Wittgenstein in 1929 – 1930 were discovered. The new material, (...) on the background of data now available about Piccoli’s life and works, throws new light onto his relationship with Wittgenstein, and hypothesis on the topics of their conversations are also advanced. Piccoli’s perspective on the difference between ethics, religion and philosophy on the one hand and science on the other was in tune with Wittgenstein’s view and similar was also their aversion towards scientism; furthermore, Piccoli had read many of the authors for which Wittgenstein showed an interest in 1930 – 1931 – Freud, Spengler, Frazer, Augustine, and also James. (shrink)