En la presente investigación se reflexionará sobre la guerra y su naturaleza en el contexto del sistema filosófico de Georg Wilhelm Friedrich Hegel, estableciendo como su fundamento ontológico la categoría del ser-para-sí o autoafirmación, aquella necesidad de toda autoconciencia que pretende ser libre, y que se alcanza a través del proceso dialéctico del reconocimiento. Se contrastará esta concepción con la clásica noción de guerra justa planteada por Tomás de Aquino, examinando el lugar que la negatividad del mal tiene en ambos (...) sistemas metafísicos, con el fin de determinar si es posible entender la eticidad de ambas guerras en un mismo sentido. (shrink)

Philosophical theorizing is often, either tacitly or explicitly, guided by intuitions about cases. Theories that accord with our intuitions are generally considered to be prima facie better than those that do not. However, recent empirical work has suggested that philosophically significant intuitions are variable and unstable in a number of ways. This variability of intuitions has led naturalistically inclined philosophers to disparage the practice of relying on intuitions for doing philosophy in general (e.g. Stich & Weinberg 2001) and for doing (...) moral philosophy in particular (Appiah 2008; Doris & Stich 2005; Horowitz 1998; Nadelhoffer & Feltz 2008; Sinnott Armstrong 2008). In this paper, we will draw on naturalistic considerations to offer some solace to philosophers who rely on intuitions. We wouldn’t call this a defense of intuitions, exactly, since we are sympathetic with much of the naturalists’ critique. But we want to introduce into the debate some neglected naturalistic reasons to be optimistic about intuitions, focusing especially on ethical intuitions. (shrink)

This chapter delineates several distinct (and often problematically conflated) kinds of sexual exclusion: (1) lack of access to sexual gratification or pleasure, (2) lack of access to partnered sex, and (3) lack of social/psychological validation that comes from being seen as a sexual being. Liberman offers proposals about what our collective responses to these harms should be while weighing in on debates about whether there are rights to various kinds of sexual goods. She concludes that we ought to provide mechanical (...) assistance to those who are incapable of self-stimulation, enhance access to sexual education for everyone, and engage in a systematic effort to change the harmful social norms, stereotypes, and cultural ideals that drive exclusion from partnered sex and can lead to social invalidation. (shrink)

Linguists often advert to what are sometimes called linguistic intuitions. These intuitions and the uses to which they are put give rise to a variety of philosophically interesting questions: What are linguistic intuitions – for example, what kind of attitude or mental state is involved? Why do they have evidential force and how might this force be underwritten by their causal etiology? What light might their causal etiology shed on questions of cognitive architecture – for example, as a case study (...) of how consciously inaccessible subpersonal processes give rise to conscious states, or as a candidate example of cognitive penetrability? What methodological issues arise concerning how linguistic intuitions are gathered and interpreted – for example, might some subjects' intuitions be more reliable than others? And what bearing might all this have on philosophers' own appeals to intuitions? This paper surveys and critically discusses leading answers to these questions. In particular, we defend a ‘mentalist’ conception of linguistics and the role of linguistic intuitions therein. (shrink)

In Willing, Wanting, Waiting, Richard Holton lays out a detailed account of resolutions, arguing that they enable agents to resist temptation. Holton claims that temptation often leads to inappropriate shifts in judgment, and that resolutions are a special kind of first- and second-order intention pair that blocks such judgment shift. In this paper, I elaborate upon an intuitive but underdeveloped objection to Holton’s view – namely, that his view does not enable agents to successfully block the transmission of temptation in (...) the way that he claims, because the second-order intention is as equally susceptible to temptation as the first-order intention alone would be. I appeal to independently compelling principles – principles that Holton should accept, because they help fill an important explanatory gap in his account – to demonstrate why this objection succeeds. This argument both shows us where Holton’s view goes wrong and points us to the kind of solu-tion we need. In conclusion, I sketch an alternative account of resolutions as a first-order intention paired with a second-order desire. I argue that my account is not susceptible to the same objection because a temptation that cannot be blocked by an intention can be blocked by a desire. (shrink)

I explore the debate about whether consequentialist theories can adequately accommodate the moral force of promissory obligation. I outline a straightforward act consequentialist account grounded in the value of satisfying expectations, and raise and assess three objections to this account: that it counterintuitively predicts that certain promises should be broken when commonsense morality insists that they should be kept, that the account is circular, and Michael Cholbi’s argument that this account problematically implies that promise-making is frequently obligatory. I then discuss (...) alternative act consequentialist accounts, including Philip Pettit’s suggestion that promise-keeping is an intrinsic good and Michael Smith’s agent-relative account. I outline Brad Hooker’s rule consequentialist account of promissory obligation and raise a challenge for it. I conclude that appeals to intuitions about cases will not settle the dispute, and that consequentialists and their critics must instead engage in substantive debate about the nature and stringency of promissory obligation. (shrink)

Williams (1970) argues that our intuitions about personal identity vary depending on how a given thought experiment is framed. Some frames lead us to think that persistence of self requires persistence of one's psychological characteristics; other frames lead us to think that the self persists even after the loss of one's distinctive psychological characteristics. The current paper takes an empirical approach to these issues. We find that framing does affect whether or not people judge that persistence of psychological characteristics is (...) required for persistence of self. Open-ended, abstract questions about what is required for survival tend to elicit responses that appeal to the importance of psychological characteristics. This emphasis on psychological characteristics is largely preserved even when participants are exposed to a concrete case that yields conflicting intuitions over whether memory must be preserved in order for a person to persist. Insofar as our philosophical theory of personal identity should be based on our intuitions, the results provide some support for the view that psychological characteristics really are critical for persistence of self. (shrink)

The everyday capacity to understand the mind, or 'mindreading', plays an enormous role in our ordinary lives. Shaun Nichols and Stephen Stich provide a detailed and integrated account of the intricate web of mental components underlying this fascinating and multifarious skill. The imagination, they argue, is essential to understanding others, and there are special cognitive mechanisms for understanding oneself. The account that emerges has broad implications for longstanding philosophical debates over the status of folk psychology. Mindreading is another trailblazing volume (...) in the prestigious interdisciplinary Oxford Cognitive Science series. (shrink)

According to recent accounts of the imagination, mental mechanisms that can take input from both imagining and from believing will process imagination‐based inputs (pretense representations) and isomorphic beliefs in much the same way. That is, such a mechanism should produce similar outputs whether its input is the belief that p or the pretense representation that p. Unfortunately, there seem to be clear counterexamples to this hypothesis, for in many cases, imagining that p and believing that p have quite different psychological (...) consequences. This paper sets out some central problem cases and argues that the cases might be accommodated by adverting to the role of desires concerning real and imaginary situations. (shrink)

Linguists often advert to what are sometimes called linguistic intuitions. These intuitions and the uses to which they are put give rise to a variety of philosophically interesting questions: What are linguistic intuitions – for example, what kind of attitude or mental state is involved? Why do they have evidential force and how might this force be underwritten by their causal etiology? What light might their causal etiology shed on questions of cognitive architecture – for example, as a case study (...) of how consciously inaccessible subpersonal processes give rise to conscious states, or as a candidate example of cognitive penetrability? What methodological issues arise concerning how linguistic intuitions are gathered and interpreted – for example, might some subjects' intuitions be more reliable than others? And what bearing might all this have on philosophers' own appeals to intuitions? This paper surveys and critically discusses leading answers to these questions. In particular, we defend a ‘mentalist’ conception of linguistics and the role of linguistic intuitions therein. (shrink)

Le vieillissement des personnes en situation de handicap et l’évolution de leurs problématiques impliquent des besoins accrus en matière d’accompagnement et de soins. Dans les structures résidentielles du handicap, les éducateurs sociaux et les infirmiers sont de plus en plus amenés à travailler ensemble au sein d’équipes socio-éducatives. Basé sur les travaux de la sociologie des groupes professionnels et de la collaboration interprofessionnelle, cet article analyse la collaboration interprofessionnelle entre des éducateurs sociaux et des infirmiers dans les institutions du handicap (...) en Suisse romande, ceci à partir des regards croisés des professionnels concernés et des directions. Les entretiens apportent un éclairage sur les processus de redéfinition des territoires d'intervention entre les professions d'éducateur social et d'infirmier, par la mise en évidence de deux logiques institutionnelles de division du travail qui se développent dans les structures consultées, distinction formelle et non-distinction, des enjeux qu'elles soulèvent, ainsi que de la manière dont les professionnels se les approprient. Les résultats mettent également en exergue une bonne collaboration entre les deux professions, les champs de tension qui apparaissent ainsi que les éléments qui l'influencent. (shrink)

Most theories of promising are insufficiently broad, for they ground promissory obligation in some external or contingent feature of the promise. In this paper, I introduce a new kind of theory. The Mental States First (MSF) theory grounds promissory obligation in something internal and essential: the mental state expressed by promising, or the state that promisors purport to be in. My defense of MSF relies on three claims. First, promising to Φ expresses that you have resolved to Φ. Second, resolving (...) to Φ commits you to Φing, all else being equal. Third, the norms on speech acts are determined by the norms on the mental states they express, such that publicly expressing that you are in a state subjects you to whatever commitments are normally incurred by being in that state, regardless of whether you really are in it. I suggest that this general approach might also explain how the norms on other sorts of speech acts work. (shrink)

Over the last twenty years, a number of central figures in moral philosophy have defended some version of moral rationalism, the idea that morality is based on reason or rationality. According to rationalism, morality is based on reason or rationality rather than the emotions or cultural idiosyncrasies, and this has seemed to many to be the best way of securing a kind of objectivism about moral claims. Consider the following representative statements.

Many people presume that you can permissibly support the good features of a symbol, person, activity, or work of art while simultaneously denouncing its bad features. This chapter refines and assesses this commonsense (but undertheorized) moral justification for supporting problematic people, projects, and political symbols, and proposes an analogue of the Doctrine of Double Effect called the Doctrine of Double Endorsement (DDN). DDN proposes that when certain conditions are met, it is morally permissible to directly endorse some object in virtue (...) of its positive properties while standing against its negative properties, even though it would be morally impermissible to directly endorse those negative properties themselves. These conditions include separability (the good and bad features must not be inextricably linked), proportionality (the positive value of the good features must be significantly greater than the negative value of the bad features), and constrained choice (there must not be other things that the agent could endorse instead that share the same positive features but are not saddled with the negative ones). The chapter applies these constraints to a number of practical issues, including (among others) voting for morally troubling candidates, supporting Confederate monuments, and consuming sexist art. (shrink)

There is a widespread notion, both within the sciences and among the general public, that mental deterioration can rob individuals of their identity. Yet there have been no systematic investigations of what types of cognitive damage lead people to appear to no longer be themselves. We measured perceived identity change in patients with three kinds of neurodegenerative disease: frontotemporal dementia, Alzheimer’s disease, and amyotrophic lateral sclerosis. Structural equation models revealed that injury to the moral faculty plays the primary role in (...) identity discontinuity. Other cognitive deficits, including amnesia, have no measurable impact on identity persistence. Accordingly, frontotemporal dementia has the greatest effect on perceived identity, and amyotrophic lateral sclerosis has the least. We further demonstrated that perceived identity change fully mediates the impact of neurodegenerative disease on relationship deterioration between patient and caregiver. Our results mark a departure from theories that ground personal identity in memory, distinctiveness, dispositional emotion, or global mental function. (shrink)

Teaching critical thinking skill is a central pedagogical aim in many courses. These skills, it is hoped, will be both portable and durable. Yet, both of these virtues are challenged by pervasive and potent cognitive biases, such as motivated reasoning, false consensus bias and hindsight bias. In this paper, I argue that a focus on the development of metacognitive skill shows promise as a means to inculcate debiasing habits in students. Such habits will help students become more critical reasoners. I (...) close with suggestions for implementing this strategy. (shrink)

Larry Temkin draws on the work of Angus Deaton to argue that countries with poor governance sometimes rely on charitable giving and foreign aid in ways that enable them to avoid relying on their own citizens; this can cause them to be unresponsive to their citizens’ needs and thus prevent the long-term alleviation of poverty and other social problems. I argue that the implications of this “lack of government responsiveness argument” (or LOGRA) are both broader and narrower than they might (...) first appear. I explore how LOGRA applies more broadly to certain types of charitable giving in developed countries, with a focus on medical crowdfunding. I then highlight how LOGRA does not apply to charitable giving aimed at alleviating the suffering of the absolutely politically marginalized, or those especially vulnerable people to whom governments are never responsive. (shrink)

The precautionary principle has been widely discussed in the academic, legal, and policy arenas. This paper argues, however, that there is no single precautionary principle and we should stop referring to ?the? precautionary principle. Instead, we should talk about ?precaution? and ?precautionary approaches? more generally and identify and defend distinct precautionary principles of limited scope. Drawing on the vast literature on ?the? precautionary principle, this paper further argues that the challenges of decision making under conditions of uncertainty necessitate taking a (...) precautionary approach to decision making that will enable us to understand what particular precautionary principles require of us on a case-by-case basis. (shrink)

In this article, I address what kinds of claims are of the right kind to ground conscientious refusals. Specifically, I investigate what conceptions of moral responsibility and moral wrongness can be permissibly presumed by conscientious objectors. I argue that we must permit HCPs to come to their own subjective conclusions about what they take to be morally wrong and what they take themselves to be morally responsible for. However, these subjective assessments of wrongness and responsibility must be constrained in several (...) important ways: they cannot involve empirical falsehoods, objectionably discriminatory attitudes, or unreasonable normative beliefs. I argue that the sources of these constraints are the basic epistemic, relational, and normative competencies needed to function as a minimally decent health-care professional. Finally, I consider practical implications for my framework, and argue that it shows us that the objection raised by the plaintiffs in Zubik v. Burwell is of the wrong sort. (shrink)

I answer two questions: (1) what are people doing when they exchange conventional wedding vows? and (2) under what circumstances are these things morally and rationally permissible to do? I propose that wedding pledges are public proclamations that are simultaneously both private vows and interpersonal promises, and that they are often subject to uncertainty. I argue that the permissibility of uncertain wedding promises depends on whether the uncertainty stems from doubts about one’s own internal weakness of will and susceptibility to (...) temptation or from the expectation that external circumstances might change. I then explain why uncertainty is a prima facie challenge for unconditional wedding vows, and I offer a solution: rational wedding vows are unconditional in their content but implicitly conditional in their structure; the spouse pledges to act in certain ways unconditionally, so long as they remain in the spousal role. I respond to objections to my view (including Elizabeth Brake’s claim that the permissibility of unilateral divorce undermines an understanding of wedding vows as promises), and conclude with some suggestions about what marrying couples should do to ensure permissible pledges. (shrink)

Solar radiation management is a form of geoengineering that involves the intentional manipulation of solar radiation with the aim of reducing global average temperature. This paper explores what precaution implies about the status of solar radiation management. It is argued that any form of solar radiation management that poses threats of catastrophe cannot constitute an appropriate precautionary measure against another threat of catastrophe, namely climate change. Research of solar radiation management is appropriate on a precautionary view only insofar as such (...) research aims to identify whether any forms of solar radiation management could be implemented without creating new or exacerbating existing threats of catastrophe. (shrink)

Linguists, particularly in the generative tradition, commonly rely upon intuitions about sentences as a key source of evidence for their theories. While widespread, this methodology has also been controversial. In this paper, I develop a positive account of linguistic intuition, and defend its role in linguistic inquiry. Intuitions qualify as evidence as form of linguistic behavior, which, since it is partially caused by linguistic competence (the object of investigation), can be used to study this competence. I defend this view by (...) meeting two challenges. First, that intuitions are collected through methodologically unsound practices, and second, that intuition cannot distinguish between the contributions of competence and performance systems. (shrink)

A disturbing economic reality confronts consumers today: thousands of farm workers are enslaved in U.S. agricultural fields, forced to work without pay amid deplorable conditions and under the constant threat of violence. If structural economic injustices perpetuate modern‐day agricultural slavery, then it is necessary to promote consumer practices that resist these abusive dynamics. But a consumption‐oriented strategy does not necessarily restore either personal agency or communal relations damaged by agricultural trafficking. This essay proposes a framework for aesthetic solidarity that cultivates (...) affective bonds necessary for building communities of resistance characterized by mutuality, equality, and participation. (shrink)

Thought experiments about the self seem to lead to deeply conflicting intuitions about the self. Cases imagined from the 3rd person perspective seem to provoke different responses than cases imagined from the 1st person perspective. This paper argues that recent cognitive theories of the imagination, coupled with standard views about indexical concepts, help explain our reactions in the 1st person cases. The explanation helps identify intuitions that should not be trusted as a guide to the metaphysics of the self.

In this paper I develop a theoretical framework for instruction in Critical Thinking courses which integrates informal logic with both psycho­logical work on error tendencies in human reasoning and the intellectual virtues. I argue that matters of cogency, which concern the content of one’s arguments, should be distinguished from matters of reasoning, which concern the actual inferences people draw. Informal logic and the intellectual virtues supply the normative standards for each of these dimensions of critical think­ing, and the fallacies and (...) error tendencies supply students with a stock of common errors. Understanding this framework has important pedagogical consequences for how we teach these courses. In particular, instructors ought to aim at developing metacognitive skill at reflection upon the inferences one draws in addition to logical skill in evaluating the cogency of one’s arguments. I conclude by drawing concrete lessons for Critical Thinking pedagogy. (shrink)

I offer a philosophical account of vowing and the rationality of vow-making. I argue that vows are most productively understood as exceptionless resolutions that do not have any excusing conditions. I then articulate an apparent problem for exceptionless vow-making: how can it be rational to bind yourself unconditionally, when circumstances might change unexpectedly and make it the case that vow-keeping no longer makes sense for you? As a solution, I propose that vows can be rational to make only if they (...) are implicitly conditional on a personal identification or social role that is itself escapable. (shrink)

In response to three papers about sex and disability published in this journal, I offer a critique of existing arguments and a suggestion about how the debate should be reframed going forward. Jacob M. Appel argues that disabled individuals have a right to sex and should receive a special exemption to the general prohibition of prostitution. Ezio Di Nucci and Frej Klem Thomsen separately argue contra Appel that an appeal to sex rights cannot justify such an exemption. I argue that (...) Appel’s argument fails, but not for the reasons Di Nucci and Thomsen propose, as they have missed the most pressing objection to Appel’s argument: Appel falsely presumes that we never have good reasons to restrict someone’s sexual liberty rights. More importantly, there is a major flaw in the way that all three authors frame their positive accounts. They focus on disability as a proxy for sexual exclusion, when these categories should be pulled apart: some are sexually excluded who are not disabled, while some who are disabled are not sexually excluded. I conclude that it would be less socially harmful and more productive to focus directly on sexual exclusion per se rather than on disability as a proxy for sexual exclusion. (shrink)

The propensity interpretation of fitness (PIF) holds that evolutionary fitness is an objectively probabilistic causal disposition (i.e., a propensity) toward reproductive success. I characterize this as the conceptual foundation of the PIF. Reproductive propensities are meant to explain trends in actual reproductive outcomes. In this paper, I analyze the minimal theoretical and ontological commitments that must accompany the explanatory power afforded by the PIF’s foundation. I discuss three senses in which these commitments are less burdensome than has typically been recognized: (...) the PIF’s foundation is (i) compatible with a principled pluralism regarding the mathematical relationship between measures of individual and trait reproductive success; (ii) independent of the propensity interpretation of probability; and (iii) independent of microphysical indeterminism. The most substantive ontological commitment of the PIF’s foundation is to objective modal structures wherein macrophysical probabilities and causation can be found, but I hedge against metaphysically inflationary readings of this modality. (shrink)

Precaution is usually associated with the intuition that it is better to be safe than sorry, and/or that it is sometimes necessary to act in advance of scientific certainty to prevent harmful outcomes. At this point, we cannot entirely prevent climate change, but we can affect how harmful such change is. Adaptation may therefore be understood as a precautionary measure against the damage due to climate change. 'The' precautionary principle alone is too vague to shape adaptation policy, but a limited (...) catastrophic precautionary principle may productively guide adaptation policy makers. I argue in this paper that an explicit commitment to a precautionary approach based on the catastrophic precautionary principle could and should be made to strengthen the adaptation policies introduced at the United Nations Framework Convention on Climate Change (UNFCCC). (shrink)

I outline four conditions on permissible promise-making: the promise must be for a morally permissible end, must not be deceptive, must be in good faith, and must involve a realistic assessment of oneself. I then address whether promises that you are uncertain you can keep can meet these four criteria, with a focus on campaign promises as an illustrative example. I argue that uncertain promises can meet the first two criteria, but that whether they can meet the second two depends (...) on the source of the promisor's uncertainty. External uncertainty stemming from outside factors is unproblematic, but internal uncertainty stemming from the promisor's doubts about her own strength leads to promises that are in bad faith or unrealistic. I conclude that campaign promises are often subject to internal uncertainty and are therefore morally impermissible to make, all else being equal. (shrink)

Cognitive bias presents as a pressing challenge to critical thinking education. While many have focused on how to eliminate or mitigate cognitive bias, others have argued that these biases are better understood as result from adaptive reasoning heuristics which are, in the right conditions, rational modes of reasoning about the world. This approach presents a new challenge to critical thinking education: if these heuristics are rational under the right conditions, does teaching critical thinking undermine student abilities to reason effectively in (...) real life reasoning scenarios? I argue that this challenge calls for a reconception of the goals of critical thinking education to focus on how rational ideals are best achieved or approximated in human reasoners. Critical thinking educators should focus on developing the metacognitive skill to recognize when different cognitive strategies should be used. (shrink)

Assume for the sake of argument that doing philosophy is intrinsically valuable, where “doing philosophy” refers to the practice of forging arguments for and against the truth of theses in the domains of metaphysics, epistemology, ethics, and so on. The practice of the history of philosophy is devoted instead to discovering arguments for and against the truth of “authorial” propositions, that is, propositions that state the belief of some historical figure about a philosophical proposition. I explore arguments for thinking that (...) doing history of philosophy is valuable—specifically, valuable in such a way that its value does not reduce to the value of doing philosophy. Most such arguments proffered by historians of philosophy fail, as I show. I then offer a proposal about what makes doing history of philosophy uniquely valuable, but it is one that many historians will not find agreeable. (shrink)

Experimental research on folk intuitions concerning free will is still in its infancy. So it is especially helpful to have such an excellent set of commentaries, and I greatly appreciate the work of the commentators in advancing the project. Because of space limitations, I can’t respond to all of the comments. I will focus on just a few issues that emerge from the comments that I think are especially promising for illumination.

This paper discusses an exercise that Alida Liberman facilitated among participants at a Teaching and Learning workshop sponsored by the American Association of Philosophy Teachers (AAPT) aimed at helping instructors become more learner-centered in their pedagogy. The exercise was designed to place participants in the role of inadequately supported learners by asking them to fold an origami crane with varying levels of instruction and feedback. The failure of many participants to successfully fold cranes functioned as a striking analogy for (...) student failures to learn without explicit how-to instruction, goal-directed practice, and frequent, targeted feedback. In reflecting on the activity, participants developed strategies to become more learner-centered and to better support student success. This paper explains the origami exercise and the lessons it illustrates, and discusses how the lessons learned from the exercise can translate into specific tangible strategies for the classroom. (shrink)

There are few scientists of the twentieth century whose life's work has created more excitement and controversy than that of physicist David Bohm . For the first time in a single volume, The Essential David Bohm offers a comprehensive overview of Bohm's original works from a non-technical perspective. Including three chapters of previously unpublished material, and a forward by the Dalai Lama, each reading has been selected to highlight some aspect of the implicate order process, and to provide an introduction (...) to one of the most provocative thinkers of our time. (shrink)

Discussions of harm are central in the climate ethics literature. Especially in the rapidly emerging body of work addressing the question of whether or not individuals are morally responsible for their greenhouse gas (GHG) emissions, whether or in what way individuals’ emissions are harmful is a hotly debated question. John Nolt’s recent paper, “How harmful are the average American’s greenhouse gas emissions?” illustrates the prevalence of this framing (Nolt 2011). Here I take a step back and ask what we mean (...) by the concept “harmful” when talking about climate change. I argue, as several respondents to Nolt have suggested (e.g., Attfield 2011, Odenbaugh 2011), that we should not be so quick to apply our standard .. (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)