The paper provides valuable accounts of the general concepts underlying privacy law in both cultures, and great detail about the impact of criminal procedure and evidence rules on privacy in reality rather than legal theory. It is, in this sense, a “realist” approach to privacy, particularly but not exclusively in relation to sexual activity. The distinction which the article draws between the frameworks within which privacy is conceived broadly, self-determination and limited government in the USA, protection (...) of one’s persona in Europe, and reputation in Islamic law. However, the paper argues that Western and Islamic traditions share many of the same concepts about the tests to be applied when deciding how far an intrusion on privacy is justified and value many of the same interests in doing so. At the same time, it will highlight those areas where they differ which are not ones of crucial importance when deciding, for example, what are the proper limits on mass surveillance. Indirectly, this shows that even though there may be stark differences between the cultures on some points, there is enough agreement on some aspects of privacy to make comparisons in relation to issues such as mass surveillance. (shrink)

The phenomenon of mass surveillance has confronted legal systems throughout the world with significant challenges to their fundamental norms and values. These dilemmas have been most extensively studied and discussed in relation to the kind of privacy cultures that exist in Europe and North America. Although mass surveillance creates the same kinds of challenges in Muslim countries, the phenomenon has rarely been discussed from the perspective of Shari’a. This article seeks to demonstrate that this neglect of mass surveillance and (...) other similar phenomena by Shari’a scholars is unjustified. Firstly, the article will address objections that Shari’a does not contain legal norms that are relevant to the modern practice of state surveillance and that, if these exist, they are not binding on rulers and will also seek to show that, whatever terminology is employed, significant aspects of the protection of privacy and personal data that exists in other legal systems is also be found deeply-rooted in Shari’a. Secondly, it will assess the specific requirements that it makes in relation to such intrusion on private spaces and private conduct and how far it can benefit from an exception to the general prohibition on spying. Finally, it is concluded that mass surveillance is unlikely to meet these Shari’a requirements and that only targeted surveillance can generally do so. (shrink)

Objective The objective of this article is to provide an ethical analysis of a high-risk, advanced treatment case where the patient received transcatheter aortic valve insertion, for aortic valve stenosis. Particular emphasis will be placed upon the significance of evidence and the implications for priority setting. Method One paradigmatic case involving a TAVI patient from a large university hospital in Norway is described and analysed. The method used was ethical case analysis modified after Kymlicka by Miljeteig et al. Perioperative mortality (...) risk was estimated using the Euroscore risk-logarithm and the Society of Thoracic Surgeons’ risk model, STS. These predict the risk of operative mortality and morbidity associated with adult cardiac surgery. GRADE, the Grading of Recommendations Assessment, Development and Evaluation, was used to evaluate the evidence. Results In the case analysis, we found that it would be ethically justifiable not to recommend TAVI treatment for this patient. Although the patient had a severe condition in need of treatment, the expected improvement was marginal, the quality of evidence was low and the opportunity costs for other patients and society were higher than usually deemed appropriate. Conclusions Decision-making in the absence of high quality evidence from randomized trials is a complex process involving difficult ethical judgments. Novel high-risk devices often enter the European market with limited clinical evidence. Transparency and improved clinical evaluation are required so patient safety is not jeopardized. We argue that implementation of high risk, high cost interventions should be better regulated at a national level. Background All clinical decisions imply priority setting and therefore indirectly affect other patients and other patient groups. The use of expensive, innovative health technologies has an affect on individual patients as well as on other patient groups competing for the same resources. (shrink)

Researchers have begun to use response times to emotion items as an indirect measure of emotional clarity. Our first aim was to scrutinise the properties of this RT measure in more detail than previously. To be able to provide recommendations as to whether emotional intensity – as a possible confound – should be controlled for, we investigated the specific form of the relation between emotional intensity and RTs to emotion items. In particular, we assumed an inverted U-shaped relation at the (...) item level. Moreover, we analysed the RT measure’s convergent validity with respect to individuals’ confidence in their emotion ratings. As a second aim, we compared the predictive validity of emotional clarity measures with respect to daily emotion regulation. The results of three experience sampling studies showed that the association between emotional intensity and RT followed an inverted U shape. RT was in part related to confidence. Emotional clarity measures were unrelated to reappraisal. There was some evidence that lower emotional clarity was related to a greater use of suppression. The findings highlight that emotional intensity and squared emotional intensity should be controlled for when using the RT measure of emotional clarity in future research. (shrink)

There is increasing interest in the EU about the central place of eIdentity (eID) in people’s lives. eID is increasingly seen as a bridge between the commercial viability of models based on large-scale provision of e-services and users’ need for privacy and security in online transactions. This paper examines technological, social and legal developments in the field of eID and asks whether there is the need for a new regulatory framework that both preserves users’ identity and enables the provision (...) of advanced services. Firstly, the paper interprets recent market moves in the eID field as a response to a rising regulatory tide. Secondly, it examines some of the challenges arising from Web2.0, and four emerging socio-legal issues associated with eID—behavioural profiling, social engineering, redlining and other unsocial practices. Thirdly, the paper examines the capacity of the current regulatory framework to absorb this turbulence, and finds it wanting. Finally, it advances a novel model of eID regulation that may help regulators create an identity-preserving, transaction-friendly eID environment. (shrink)

This paper compares the four national electronic Identity Management Systems (eIDMS), which have been described in the previous chapters. The section Similarities and differences between four national eIDMS will highlight the differences between these systems conceived as socio-technical systems with regard to the eID itself, the eID cards as tokens, the authentication processes as well as the procedures for distribution and personalisation, the support provided for installing the technology and any provider-related regulation. The section A three-fold path dependency , (...) according to the conceptual framework presented in the introductory chapter to this special issue, compares the new electronic systems with the previous ones in each country, in order to assess the continuation or changes with regard to the organisational, technological and regulatory path of development. The following sections explain the differences between the paths chosen and the path-related changes by analysing the actor constellation of the institutional actors, in particular the policy field and the power structure, as well as the context in which the policy makers made their choices, looking at privacy and Staatsverständnis in particular. Finally the diffusion and usage of the eID function will be compared and analysed, discussing to what extent the new institution has made a contribution to solving the policy problem it was developed for, e.g. providing a stronger authentication in order to meet security concerns regarding e-government and e-commerce transactions and avoiding new privacy infringements. Using grounded theory, the explanations provided have the status of generalisations derived from the four cases. They have to be considered as hypotheses, which will be checked for other countries in the following papers of this special issue. The comparison of the four cases in this article shows a high degree of path dependency. Most of the differences between the new systems are just a continuation of differences between the previous systems although they are to solve the same problem and can draw on the same technologies. But most astonishing is the finding that these differences between the systems do not influence diffusion and use of the eID function in the respective countries. (shrink)

At one time, specialized health privacy laws represented the bulk of the rules regulating genetic privacy, Today, however, as both the field of genomics and the content of privacy law change rapidly, a new generation of general-purpose privacy laws may impose new restrictions on collection, storage, and disclosure of genetic data. This article surveys these laws and considers implications.

The article analyses the legal regulation of electronic marketing in the European context. The historical and teleological perspective on past and present regulations of electronic marketing is provided. Emphasis is given on the ability of the legal rules to preserve the balance of private and entrepreneurial interests, and the desirable principles of the regulation of the socially beneficial electronic marketing. The paper concludes that the harmonization of legal regulation of electronic marketing at the European Union level is (...) limited, which causes numerous negative consequences, such as jurisdiction shopping. Some countries (e.g. Finland) follow opt-out regimes for at least some types of electronic marketing, while other countries (including Lithuania) prohibit most forms of electronic marketing without the prior consent of the customer (opt-in). Thus, further regulation and harmonization of the electronic marketing law is suggested at the regional (the EU) and national level, along with more self-regulation and a balanced approach towards future regulation. (shrink)

The genetic testing industry is in a period of potentially major structural change driven by several factors. These include weaker patent protections after Association for Molecular Pathology v. Myriad Genetics and Mayo Collaborative Services v. Prometheus Laboratories, Inc.; a continuing shift from single-gene tests to genome-scale sequencing; and a set of February 2014 amendments to the Clinical Laboratory Improvement Amendments of 1988 regulations and the Health Insurance Portability and Accountability Act Privacy Rule. This article explores the nature of these (...) changes and why they strain existing regulatory frameworks for protecting patients, research subjects, and other consumers who receive genetic testing.Oversight of genetic testing has, at least to date, had two major thrusts: privacy and ethical protections and traditional consumer health and safety regulations. Examples of the first are the Genetic Information Nondiscrimination Act and the HIPAA Privacy Rule, which after 2013 amendments expressly protects genetic privacy as well as other medical privacy. (shrink)

The prominent burden-sharing principles in the emerging literature of the political theory of climate change fail to sufficiently tackle the task they set out to solve. This paper sets out properties that an alternative principle should aim to meet. Based on these properties, it develops a consequentialist moral principle – the wastefulness principle. This principle holds that it is wrong to waste a shared, scarce resource. The paper argues that this principle can be used to solve the question of who (...) should bear the burdens of anthropogenic climate change in a more suitable way than existing principles. After developing the wastefulness principle, this paper discusses in a non-exhaustive manner how it can be employed in the real world, which challenges it might meet, and how additional principles might solve them. (shrink)

A first comparison of the innovation processes of introducing electronic identities on a national level in Austria, Belgium, Germany and Spain, based on extensive expert interviews with key actors, has been amended by four more country reports from Denmark, Finland, Estonia and Sweden in order to check the validity of generalisations derived from the first four cases. The extended comparison with the four additional countries increases the variance between the eID systems in Europe by showing differing technical and organisational features, (...) such as purely software-based solutions, e.g. in Denmark, or complete outsourcing of the eIDMs, e.g. in Sweden. In the second part of the paper, the conceptual framework of the comparative study, a combination of path analysis, institutional actor theory and policy field analysis will be reflected. It has resulted in a fruitful approach allowing for the explanation of some, but by no means all, of the differences between the national eIDMs in Europe. (shrink)

This essay focuses on the interrelationship of regulation and private life in human rights. It argues three main points. Article 8 connects the question of protection of private lives and privacies with the question of their management. Thus, Article 8 orients regulatory practices to private lives and privacies. Article 8’s holders are autonomous to the extent that laws respect their private lives and privacies. They are not autonomous in a ‘pre-political’ sense, where we might expect legal rules to protect (...) an already autonomous private life or privacy. Article 8 does not simply prohibit or permit acts. In certain cases, it also ‘enables’ acts. Then, this essay introduces the idea of oikopolitics. This idea allows us to capture these three points in a useful manner. By this idea, this essay means the context where the interpretation of privacy reaches out to broader social practices and norms and where the status of rights-holders living their private lives makes them objects of attention. (shrink)

Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty set out that in carrying out the duties assigned to it by Article 89 and by provisions adopted under Article 87 of the Treaty, the officials authorized by the EU Commission were empowered inter alia to enter any premises, land and means of transport of undertakings. Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down (...) in Articles 81 and 82 of the Treaty has expanded Commission’s powers stating that Commission can by decision order an inspection to be conducted in any other premises, land and means of transport, including the homes of directors, managers and other members of staff of the undertakings and associations of undertakings concerned. Such an expansion of the investigative powers of the Commission raises a question of the balance between effectiveness of the EU competition law and a person’s right to privacy, which is guaranteed to everyone by the Article 8 of the European Convention on Human Rights. Nevertheless this right is not absolute and the conditions for the possible limitations of the exercise of it are enshrined in paragraph 2 of the same article. For this reason the aim of this article is to find out whether Commission’s power to carry out searches in private homes meet the requirements set in Article 8(2) of the Convention, i.e., whether the Commission’s power to conduct such searches could be justified under the ECHR Article 8(2). In this study, the authors analyse the Commission’s extended investigative powers, clarify what is covered by the concept of “privacy”, evaluate the requirements set in Article 8(2) of the Convention, analyse conditions of exercising Commission’s extended investigative power and thus qualify if the latter satisfies the requirements set in Article 8(2) of the ECHR. (shrink)

Pyrrho and colleagues (2022) argue that the loss of health privacy can damage democratic values by increasing social polarization, removing individual choice, and limiting self-determination. As a remedy, the authors propose a data-regulation regime that prohibits companies from using such data for discriminatory purposes. Our commentary addresses three issues. First, we point out an additional problematic dimension of excessive health privacy loss, namely, the potential racialization of groups and individuals that it may likely contribute to. Second, we (...) note that, in our view, the authors’ argument for more regulation rests on an invidious comparison between the realistically described status quo and the idealized picture of the imagined regulatory regime that the authors briefly propose. Third, we argue that, despite existing regulations, both private and government actors frequently use private data in ways that lead to ethically problematic outcomes, especially when it comes to racialized communities. (shrink)

Caesarean delivery is a common and life-saving intervention. However, it involves an overall increased risk for short-term and long-term complications for both mother and child compared with vaginal delivery. From a medical point of view, healthcare professionals should, therefore, not recommend caesarean sections without any anticipated medical benefit. Consequently, caesarean sections requested by women for maternal reasons can cause conflict between professional recommendations and maternal autonomy. How can we assure ethically justified decisions in the case of caesarean sections on maternal (...) request in healthcare systems that also respect patients’ autonomy and aspire for shared decisions? In the maternal–professional relationship, which can be characterised in terms of reciprocal obligations and rights, women may not be entitled to demand a C-section. Nevertheless, women have a right to respect for their deliberative capacity in the decision-making process. How should we deal with a situation of non-agreement between a woman and healthcare professional when the woman requests a caesarean section in the absence of obvious medical indications? In this paper, we illustrate how the maternal–professional relationship is embedded in a nexus of power, trust and risk that reinforces a structural inferiority for women. To accommodate for beneficial use of power, these decision processes need to be trustworthy. We propose a framework, inspired by Lukes’ three-dimensional notion of power, which serves to facilitate trust and allows for beneficial power in shared processes of decision-making about the delivery mode for women requesting planned C-sections. (shrink)

This chapter provides an analysis of the long process of introducing an electronic identity for online authentication in Germany. This process is described as a multi-facet innovation, involving actors from different policy fields shifting over time. The eID process started in the late ‘90s in the context of eGovernment and eCommerce with the legislation on e-signatures, which were supposed to allow for online authentication of citizens. When after 5 years it was recognized that this was not the case, a new (...) digital ID card, which had meanwhile been announced, was chosen as token for the eID. This process was dominated by the concerns for visual inspection and border control, including the storage of digital fingerprints. Under the leadership of the Ministry of the Interior (BMI) and technical guidance of the Federal Agency for Information Security (BSI), technical specifications have to a large extent been adopted from the electronic passport, which had been smoothly introduced 2 years before. However, in the legislative process some concern regarding digital fingerprints on the eID card was raised and led to an opt-in solution. In 2009, a bill on the new ID card was passed which regulates the eID function for online authentication as well. This is characterized as a radical innovation by introducing a double-sided, mutual authentication of the citizen and the service provider and implementing the principle of proportionality regarding the access of service providers to data on the chip. At the time of writing, field tests are conducted. Roll-out of the new eID card is to start in November 2010. Therefore no figures about adoption can be provided here. (shrink)

Upon Brexit, the United Kingdom chose to follow the path of EU data protection and remain tied to the requirements of the General Data Protection Regulation (GDPR). It even enacted the GDPR into its domestic law. This Article evaluates five models relating to preference change, demonstrating how they identify different dimensions of Brexit while providing a rich explanation of why a legal system may or may not reject an established transnational legal order. While market forces and a “Brussels Effect” (...) played the most significant role in the decision of the UK government to accept the GDPR, important nonmarket factors were also present in this choice. This Article’s models of preference change are also useful in thinking about the likely extent of the UK’s future divergence from EU data protection. (shrink)

The use of robotic technology in healthcare is increasing. The aim was to explore attitudes toward the use of humanoid robots in healthcare among patients, relatives, care professionals, school actors and other relevant actors in healthcare and to analyze the associations between participants’ background variables and attitudes. The data were collected through a cross-sectional survey (N = 264) in 2018 where participants met a humanoid robot. The survey was comprised of background variables and items from a modified Robot Attitude Scale. (...) Multiple linear regression analysis and Spearman’s Rho correlation were used to analyze associations between variables. Most of the participants were positive toward the use of humanoid robots in healthcare and only a few were negative. Attitudes toward the use of humanoid robots were more positive among other relevant actors, such as service personnel and politicians in healthcare, participants with a higher educational level and older adults. More research is needed on the reasons underlying negative attitudes because these might affect the introduction of humanoid robots in healthcare. A careful evaluation of appropriate first target groups as well as which tasks are appropriate for humanoid robots to perform in healthcare are needed. (shrink)

A primer on legal issues relating to cyberspace, this textbook introduces business, policy and ethical considerations raised by our use of information technology. With a focus on the most significant issues impacting internet users and businesses in the United States of America, the book provides coverage of key topics such as social media, online privacy, artificial intelligence, and cybercrime as well as emerging themes such as doxing, ransomware, revenge porn, data-mining, e-sports and fake news. The authors, experienced in journalism, (...) technology and legal practice, provide readers with expert insights into the nuts and bolts of cyber law. Cyber Law and Ethics: Regulation of the Connected World provides a practical presentation of legal principles, and the book is essential reading for non-specialist students dealing with the intersection of the internet and the law. (shrink)

In order to responsibly protect certain cherished values, for instance, human or environmental health, privacy, or ‘human dignity’, societies see a need for oversight, guidance and regulation of de...

Qualitative research poses ethical issues and challenges unique to the study of human beings. In developing the interpersonal relationship that is critical to qualitative research, investigator and participant engage in a dialogic process that often evokes stories and memories that are remembered and reconstituted in ways that otherwise would not occur. Ethical issues are raised when this relationship not only provides qualitative research data, but also leads to some degree of therapeutic interaction for the participant. The purpose of this article (...) is to examine some of the controversies inherent in the researcher's dilemma when this occurs, set within the context of a nursing caring theory (Swanson), and the International Council of Nurses Code of ethics for nurses, which provides guidance on global nursing practice. (shrink)

Consumer surveys indicate that concerns about privacy are a principal factor discouraging consumers from shopping online. The keypublic policy issue regarding privacy is whether the US should follow its current self-regulation course, or whether a European style formal legal regulation approach should be adopted in the US.We conclude that the use of assurance seals has worked reasonably well and websites should be free to decide whether they have aprivacy seal or not. Given the narrow scope and (...) the wide variety among these seals, we do argue that the seals should commit themselves to the key features of a good privacy policy and that an opt-in provision be required. We believe that insufficient evidence exists to propose formal Government mandated Internet privacy regulation. (shrink)

If women are not yet accorded the full rights of citizenship internationally and especially in the military context, a feminist position on just war may have to be provisional. Drawing on Virginia Woolf's argument referenced in the title, Eide suggests in this essay that feminist theory develop its principles from women's exclusion from national privileges and argues that jus post bellum or justice after war be central to feminist theories of just war.

Xenotransplantation has great potential as an alternative to alleviate the shortage of organs for donation. However, given that the animal most suited for xenotransplantation is the pig, there are concerns that people in Muslim countries may be more hesitant to morally approve of these procedures. In this study, the moral approval of xenotransplantation was assessed in a group of 895 participants in Egypt. The results showed that religiosity itself does not predict moral approval of xenotransplantation, but religious identity does, as (...) Muslims are less likely to approve of xenotransplantation than Christians. However, the strongest predictor of moral approval of xenotransplantation was gender, with women displaying less approval. A partial mediating factor in this association was concern for animal welfare. Based on these results, some implications for public policy are discussed. (shrink)

Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the effect that efforts to protect people’s privacy will threaten press freedom, promote self-censorship and prevent the press from fulfilling its vital function of informing the public and keeping a watchful eye on the activities and antics of the powerful.[Brown, 2009, (...) 13 January]1 Effective protections for privacy, from such a perspective, inevitably pose a threat to democratic government via the constraints that they place on the press. Such concerns with privacy must be taken seriously by anyone who cares about democratic government, and the freedom, equality and wellbeing of individuals. But if it is one thing to say that privacy and freedom of expression cannot always be fully protected, it is another to suppose that protections for the one must always come at the expense of the other. After all, the economics of contemporary politics and journalism would seem to be partly responsible for our difficulties in protecting personal privacy while sustaining robust and informative forms of public discourse. [Moore, 2010, 10 -141]2 Most newspapers are loss-making businesses and the need to reduce those losses and, if possible, to turn a profit, make investigative journalism an increasingly expensive proposition as compared to both “comment” and more or less elevated forms of gossip. At the same time, politics has increasingly become the prerogative of a narrow group of people with access to the large sums of money necessary successfully to compete for high office. In those circumstances, the need for critical scrutiny is as important as it is difficult. Revising our ideas about privacy and its protection cannot alone reduce the tensions between freedom of expression and personal privacy typical of our societies, necessary though such revision may be. Moreover, this paper can only touch on some aspects of the ways in which we need to rethink our interests in privacy, in order adequately to reflect people’s diverse interests in freedom of expression, and the important role of a free press to democratic government. Nonetheless, I hope to suggest ways of thinking about people’s claims to privacy which can be generalised fairly readily, and can help us to think constructively about the nature, causes and solutions to some important social and political problems, even if, in its nature, philosophical analysis rarely tells us what to do. More specifically, this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

To write about the disease of breast cancer from both scientific and spiritual perspectives is to reflect upon our genetic and spiritual ancestry. We examine the issues involved in breast cancer at the intersections of spirituality, technology, and science, using the fundamental thing we know about being human: our bodies. Our goal in this essay is to offer close readings of women's spiritual and bodily journeys through the disease of breast cancer. We have discovered that both illness and health come (...) within the stories of particular people and particular disciplines. And to learn more about breast cancer, both scientific and spiritual aspects, one must be attentive to such particularities. Medicine and religion are bodily experiences, and being a body-self is what it means to be human. (shrink)

Regulatory approach to the right to abortion in Europe is diverse and basically related to the issue of when the right to life begins and how this question is reflected in national legislation. Such an approach and diversity is tolerated by the European Court of Human Rights, but only if some specific standards and criteria formulated in the jurisprudence of the European Court of Human Rights are reflected in national legislation. Research of the Lithuanian legal acts conducted in the light (...) of the jurisprudence of the Court shows that they are not in accordance with the jurisprudence of the European Court of Human Rights and the solutions are therefore suggested. The aim of the article is to systematically analyse the Lithuanian legal acts regulating issues of abortion and to identify the existing problems and provide suggestions as to how to solve those problems with the help of the jurisprudence of the European Court of Human Rights in abortion cases. Analysis of the Lithuanian legal acts reveals that the existing legal regulation and practice is confusing and ambiguous. Abortion questions are regulated in Lithuania by means of secondary legislation, namely by order of the Health Minister which is more than 15 years old, and the classification of diseases dangerous to woman’s health and life is based on international classification that is invalid. The order is not in reconciled with the Lithuanian criminal law. Some other ambiguities and problems are identified in the article. Abortion on a woman’s request in Lithuania is possible by the end of the 12 week of pregnancy and during the entire pregnancy, if it causes danger to woman’s health and life. The Lithuanian legislator requires that both conditions – danger to woman’s health and life – are met in order to terminate pregnancy what is unnecessary and sometimes even confusing. The author suggests providing two separate bases for abortion – danger to woman’s life or health. Foetus problems – if a foetus is irreversibly damaged or suffering from an incurable life-threatening disease, it is not a separate basis for abortion in Lithuania, however those abnormalities of the foetus are related to the health and life of a pregnant woman. In the opinion of the author, looking into the practice of the other EU countries, it is better to provide a separate ground for abortion because of abnormalities of the foetus. The basic problem in Lithuania that is similar in Poland and in Ireland is that there is no clear procedure in case a pregnant woman is not satisfied with the decision of the medical commission regarding the question of her abortion or if the opinion of members of the commission is diverse – no time guidance or appeal institution is provided. (shrink)

At profesjonsutøvere er ansvarlige og har ansvar knyttet til arbeidet de utfører, tar vi nærmest for gitt. Mitt sikte med denne artikkelen er å gi et innspill til nærere drøfting av hvordan det profesjonelle ansvaret kan forstås. I nyere profesjonsetiske kodekser knyttes ansvar først og fremst til konsekvenser av handlinger. Det innebærer at den profesjonelles ansvar forutsetter at det kan trekkes en linje fra en handlings konsekvens til den handlende. I komplekse organisasjoner kan imidlertid rekonstruksjon av veien fra konsekvens av (...) handling tilbake til den handlende vise seg vanskelig. Alternativt kan ansvar knyttes til spørsmål om handlingens samsvar med regler og prosedyrer. En slik tilnærming benevnes gjerne som «accountability». Disse to ulike tilnærmingene til ansvar har det til felles at det er handlingen som er i fokus – handlingens regelsamsvar eller dens konsekvenser, ikke en individuell dimensjon knyttet til den handlende som person. Den profesjonelle som selvstendig, tenkende og vurderende person blir perifer. Til videre drøfting av dette trekker jeg veksler på Hannah Arendts tenkning om ansvar. «To-i-én-dialog» og «tenkning» er sentrale elementer, og jeg vil peke på hennes bidrag som en mulig vei til en utdypet forståelse av det profesjonelle ansvarets individuelle dimensjon.Nøkkelord: profesjonelt ansvar, handlingens konsekvenser, accountability, to-i-én-dialog, tenkningEnglish summary: Individual responsibility and shallowness in professional workIt is almost taken for granted that professionals are responsible for the work they do. The scope of this article is to contribute to an evaluation of how we can understand this professional responsibility. Modern professional–ethical codes tie responsibility primarily to the consequences of acts. Thus the responsibility of a professional assumes that a connection can be drawn between the consequences of an act to the person who acted. However, in complex organizational structures, it can be difficult to find the path from consequence to actor. Another option is to look at responsibility as the product of an action's compliance with rules and procedures. Such an approach is often called «accountability». What these two different approaches to responsibility have in common is the focus on an action. It is the consequences of acts or compliance of rules that matter rather than the individual who performs the act. The idea of a professional as an autonomous, thinking and evaluating person becomes peripheral. The individual dimension of responsibility involves that the professional's responsibility goes beyond adherence to rules and procedures and what follows from tracking acts and consequences. I use Hannah Arendt's thoughts on the responsibility to facilitate further debate on this topic. A «two-in-one» dialogue and «thinking» are core elements in this, and I will point to her contribution as a possible path to a more in-depth understanding of the individual dimension of professional responsibility. (shrink)

Communicative actionist relevant in two senses: It is a constitutive aspect for the actual shaping of moral, it is indispensable for the development ofpersonal moral conviction. Dealing with this subject, the consequences for Christian ethics are as follows: Moral opinions only can work out and develop in the communicative interaction of Christian community, the participation of the members of community is a condition of personal mediation between Christian faith and moral opionion.

This article explores the way in which certain theoretical frameworks and analytical procedures combine to present stories about experience as objects of no depth, confusing this artefact with the phenomenon studied. By pointing out abusive potentials in a constructivist approach, it is argued that critical realism is needed in the field of narrative analysis. The creation of life stories as well as the project of analysing them involve interaction with a material world, and elaboration on it. We meet the Other, (...) not as disembodied spirits, but in and through our bodies, which allow us to infer realities beyond language. We need to open up the field of empirical study to include the plurality of all experienced facts. What is more, this plurality must be firmly grounded within theoretical frameworks that cultivate humility, contending that there will always be more to reality than what meets the researcher’s eye. And we need a theoretical framework that dares to use the concept of truth. Only by doing so may we accord our informants the status of making relevant truth claims. Critical realism provides a much needed theoretical framework and sensitizing concepts, allowing for life stories to bear witness to the multidimensional realities from which they emerge. (shrink)

The availability of new genetic testing technologies to identify individuals as at risk for a particular disease has inspired tremendous concern that individuals with gene mutations will soon be universally identified, for both insurance and employment purposes, as a genetic underclass. Scholarship in science and technology studies, however, suggests that understandings of genetic knowledge might be locally contingent, while research in comparative politics helps us understand how national context might play an important role in framing approaches to the regulation (...) of genetic information. What role does national context play in defining genetic risk and shaping approaches to the privacy of genetic information? Using data from interviews, document analysis, and ethnographic observation, the author follows debates among advocacy groups, insurers, and governments in the United States and Britain about the appropriate use of genetic information in insurance underwriting to understand how national context frames the definition of genetic risk as well as its regulation. (shrink)

This book explores how a sense of wonder and the musicality of silence can be a rehumanizing force in education, health and welfare, countering overly anthropocentric and instrumental worldviews. Wonder - in an aesthetic, philosophical, and spiritual sense - brings human beings in resonance with the world again.