The paper examines the ethical and legal challenges of making decisions for previously competent patients and the role of advance directives and legal representatives in light of the Oviedo Convention. The paper identifies gaps in the Convention that result in conflicting instructions in cases of a disagreement between the expressed prior wishes of a patient, and the legal representative. The authors also examine the legal and moral status of informally expressed prior wishes of patients unable to consent. The authors argue (...) that positivist legal reasoning is insufficient for a consistent interpretation of the relevant provisions of the Convention and argue that ethical argumentation is needed to provide guidance in such cases. Based on the ethical arguments, the authors propose a way of reconciling the apparent inconsistencies in the Oviedo Convention. They advance a culturally sensitive approach to the application of the Convention at the national level. This approach understands autonomy as a broader, relational consent and emphasizes the social and cultural embeddedness of the individual. Based on their approach, the authors argue that there exists a moral obligation to respect the prior wishes of the patient even in countries without advance directives. Yet it should be left to the national legislations to determine the extent of this obligation and its concrete forms. (shrink)

The paper examines the ethical and legal challenges of making decisions for previously competent patients and the role of advance directives and legal representatives in light of the Oviedo Convention. The paper identifies gaps in the Convention that result in conflicting instructions in cases of a disagreement between the expressed prior wishes of a patient, and the legal representative. The authors also examine the legal and moral status of informally expressed prior wishes of patients unable to consent. The authors argue (...) that positivist legal reasoning is insufficient for a consistent interpretation of the relevant provisions of the Convention and argue that ethical argumentation is needed to provide guidance in such cases. Based on the ethical arguments, the authors propose a way of reconciling the apparent inconsistencies in the Oviedo Convention. They advance a culturally sensitive approach to the application of the Convention at the national level. This approach understands autonomy as a broader, relational consent and emphasizes the social and cultural embeddedness of the individual. Based on their approach, the authors argue that there exists a moral obligation to respect the prior wishes of the patient even in countries without advance directives. Yet it should be left to the national legislations to determine the extent of this obligation and its concrete forms. (shrink)

The possibility of a human head transplant poses unprecedented philosophical and neuroethical questions. Principal among them are the personal identity of the resultant individual, her metaphysical and social status: Who will she be and how should the “new” person be treated - morally, legally and socially - given that she incorporates characteristics of two distinct, previously unrelated individuals, and possess both old and new physical, psychological, and social experiences that would not have been available without the transplant? We contend that (...) this situation challenges linguistic conventions and conceptual binaries, and calls into question the major philosophical approaches to personal identity: animalism and reductionism. We examine these views critically vis-a-vis head transplantation and conclude that they fail to provide an adequate account of the identity of the resultant individual because both neglect the key role of embodiment for personal identity. We maintain that embodiment is central to personal identity and a radical alteration of the body will also radically alter that person, making her a different person. Consequently, a human head transplant will result in an individual partly continuous with the head/brain, and partly continuous with the body donor. We conclude that the resultant person would be different from both the individual whose head was transplanted and the one to whose body the “new” head is attached. (shrink)

This report presents a comprehensive set of recommendations for protection of human beings who are trafficked for the purpose of organ removal or are targeted for such trafficking. Developed by an interdisciplinary group of international experts under the auspices of the project Trafficking in Human Beings for the Purpose of Organ Removal, these recommendations are grounded in the view that an individual who parts with an organ for money within an illegal scheme is ipso facto a victim and that the (...) crime of trafficking in human beings for the purpose of organ removal intersects with the crime of trafficking in organs. Consequently, the protection of victims should be a priority for all actors involved in antitrafficking activities: those combating organ-related crimes, such as health organizations and survivor support services, and those combating trafficking in human beings, such as the criminal justice sectors. Taking into account the special characteristics of THBOR, the authors identify 5 key stakeholders in the protection of human beings trafficked for organ removal or targeted for such trafficking: states, law enforcement agencies and judiciary, nongovernmental organizations working in the areas of human rights and antitrafficking, transplant centers and health professionals involved in transplant medicine, and oversight bodies. For each stakeholder, the authors identify key areas of concern and concrete measures to identify and protect the victims of THBOR. The aim of the recommendations is to contribute to the development of a nonlegislative response to THBOR, to promote the exchange of knowledge and best practices in the area of victim protection, and to facilitate the development of a policy-driven action plan for the protection of THBOR victims in the European Union and worldwide. (shrink)

Thus far, the moral debateconcerning genetically modified foods (GMF) hasfocused on extrinsic consequentialist questionsabout the health effects, environmental impacts,and economic benefits of such foods. Thisextrinsic approach to the morality of GMF isdependent on unsubstantiated empirical claimsand fails to account for the intrinsic moralvalue of food and food choice and theirconnection to the agent's concept of the goodlife. I develop a set of objections to GMFgrounded in the concept of integrity andmaintain that food and food choice can beintimately connected to the (...) agent's personalintegrity. I argue that due to the constitutionof GMF and the manner in which they areproduced, such foods are incompatible with thefundamental values and integrity of certainindividual moral agents or groups. I identifythree types of integrity that are threatened byGMF: religious, consumer, and integrity basedon certain other moral or metaphysical grounds.I maintain that these types of integrity aresufficiently important to provide justificationfor political and societal actions to protectthe interests of those affected. I conclude byproposing specific steps for handling GMFconsistent with the moral principles ofinformed consent, non-maleficence, and respectfor the integrity of all members of society.They include mandatory labeling of GMF, theimplementation of a system for control andregulations concerning such foods, andguaranteed provision of conventional foods. (shrink)

Background End-of-life decisions for neonates with adverse prognosis are controversial and raise ethical and legal issues. In Greece, data on physicians’ profiles, motivation, values and attitudes underlying such decisions and the correlation with their background are scarce. The aim was to investigate neonatologists' attitudes in Neonatal Intensive Care Units and correlate them with self-reported practices of end-of-life decisions and with their background data. Methods A structured questionnaire was distributed to all 28 Neonatal Intensive Care Units in Greece. One hundred and (...) sixty two out of 260 eligible physicians answered anonymously the questionnaire. Demographic and professional characteristics, self-reported practices and opinions were included in the questionnaire, along with a questionnaire of 12 items measuring physicians’ attitude and views ranging from value of life to quality of life approach. Results Continuation of treatment in neonates with adverse prognosis without adding further therapeutic interventions was the most commonly reported EoL practice, when compared to withdrawal of mechanical ventilation. Physicians with a high attitude score were more likely to limit, while those with a low score were more likely for continuation of intensive care. Physicians’ educational level, involvement in research, religion and position on the existing legal framework were factors that affected the attitude score. Conclusions Physicians presented with varying end-of-life practices. Limiting interventions in neonates with poor prognosis was strongly related to their attitudes. The most important predictors for physicians' attitudes were religiousness and belief for Greek legal system reform. (shrink)

This article reviews the qualitative changes that big data technology introduced to society, particularly changes that affect how individuals control the access, use and retention of their personal data. In particular interest is whether the practice of privacy self-management in this new context could still ensure the informed consent of individuals to the privacy terms of big data companies. It is concluded that that accepting big data companies’ privacy policies falls short of the disclosure and understanding requirements for informed consent. (...) The article argues that the practice of privacy self-management could remain viable if the review, understanding and acceptance of privacy agreements is streamlined, standardized and automated. Technology should be employed to counter the privacy problems created by big data technology. The creation of the privacy exchange authorities is proposed as a solution to the failures of privacy self-management. The PEA are intermediaries that empower individuals to define their own privacy terms and express informed consent in their dealings with data companies. They will create the technological infrastructure for individuals to select their own privacy terms from a list of standard choices, potentially only once. The PEA will further mediate the delivery and authentication of the individual users’ privacy terms to data companies. A logical proof of concept is offered, illustrating the potential steps involved in the creation of the PEA. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Isocrates' Use of doxaTakis PoulakosEven though Isocrates presents Antidosis as a thorough defense of his educational program, he says very little about it, choosing instead to offer lavish portraits of his own earlier writings, elaborate arguments in defense of his reputation, and painstaking attacks against his competitors. One of the few passages where he speaks directly and explicitly about his educational views concerns the type of teaching of which (...) he approved. "[T]eachers of philosophy," he remarks in an obvious reference to his own instruction, begin their students' training by acquainting them with "all the forms of discourse in which the mind expresses itself." Past this type of training, he goes on to say,when they have made them familiar and thoroughly conversant with these lessons, they set them at exercises, habituate them to work, and require them to combine in practice the particular things which they have learned, in order that they may grasp them more firmly and bring their theories into closer touch with the occasions for applying them —I say "theories," for no system of knowledge can possibly cover these occasions, since in all cases they elude our science. Yet those who most apply their minds to them and are able to discern the consequences which for the most part grow out of them, will most often meet these occasions in the right way. (184)The passage is important for a number of reasons. First, it makes clear that Isocrates conceives learning not so much in terms of possessing a specialized body of knowledge as in knowing how to apply principles to specific situations. Students will be educated in the art of logos, not only when they have become familiar with "all the forms of discourse,," but, more importantly, when they have learned how to apply principles of the art to practical situations. Second, the passage also makes clear that the proper site for applying the principles of the art of logos is the domain of politics. [End Page 61] Teachers of "philosophy" will guide students to apply their knowledge of the art of logos, not in every situation, but in those situations that deal with contingencies and that call for decisions about future courses of action, whose outcome is unknown and whose consequences are unforeseen. Along with many other sections throughout his writings, the passage above offers one more indication that Isocrates' educational program focuses principally on instruction in political or symbouleutic speaking, political discourse or logos politikos. Finally, as the passage states, the domain of situations addressed by his instruction is on the level of contingency and kairos, a domain belonging to the order of doxa, not the order of epistēmē. His teaching of political discourse relies on a method of adjusting opinions and conjectures to specific cases, on bringing doxa in closer proximity to kairos.The passage above, then, sets the conceptual stage for the type of civic education with which Isocrates associates his teaching throughout the Antidosis: the teaching of logos politicos, not for its own sake, but for the purpose of citizenship and statesmanship, an education in speaking well for the purposes of citizenship and statesmanship. By guiding students in how to apply rhetorical principles to practical situations, how to make choices about future courses of action with an eye to potential consequences, and how to adjust choices made to the demands of changing circumstances, he is in fact preparing students to participate in their city's deliberations as citizens. Should they rise to the occasion and be prepared to address the city's problems by submitting the judgments they formulate to the principles of contingency and timeliness, they may very well become leaders of the city one day, capable statesmen or celebrated citizens of the polis.But the passage also leaves several questions unanswered. To begin with, there is the question of the label "philosophy." Does Isocrates use the term philosophia to "denote his rhetoric" (Too 1995, 193) or to suggest an "implicit denial of rhetoric" (Cahn 1989, 134)? Is this label meant to be an act of "appropriating the term 'philosophy'" (Nehamas 1990, 5) or of positing "a contrasting definition of philosophy" (Timmerman 1998, 157)? Can the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Isocrates' Use of doxaTakis PoulakosEven though Isocrates presents Antidosis as a thorough defense of his educational program, he says very little about it, choosing instead to offer lavish portraits of his own earlier writings, elaborate arguments in defense of his reputation, and painstaking attacks against his competitors. One of the few passages where he speaks directly and explicitly about his educational views concerns the type of teaching of which (...) he approved. "[T]eachers of philosophy," he remarks in an obvious reference to his own instruction, begin their students' training by acquainting them with "all the forms of discourse in which the mind expresses itself." Past this type of training, he goes on to say,when they have made them familiar and thoroughly conversant with these lessons, they set them at exercises, habituate them to work, and require them to combine in practice the particular things which they have learned, in order that they may grasp them more firmly and bring their theories into closer touch with the occasions for applying them —I say "theories," for no system of knowledge can possibly cover these occasions, since in all cases they elude our science. Yet those who most apply their minds to them and are able to discern the consequences which for the most part grow out of them, will most often meet these occasions in the right way. (184)The passage is important for a number of reasons. First, it makes clear that Isocrates conceives learning not so much in terms of possessing a specialized body of knowledge as in knowing how to apply principles to specific situations. Students will be educated in the art of logos, not only when they have become familiar with "all the forms of discourse,," but, more importantly, when they have learned how to apply principles of the art to practical situations. Second, the passage also makes clear that the proper site for applying the principles of the art of logos is the domain of politics. [End Page 61] Teachers of "philosophy" will guide students to apply their knowledge of the art of logos, not in every situation, but in those situations that deal with contingencies and that call for decisions about future courses of action, whose outcome is unknown and whose consequences are unforeseen. Along with many other sections throughout his writings, the passage above offers one more indication that Isocrates' educational program focuses principally on instruction in political or symbouleutic speaking, political discourse or logos politikos. Finally, as the passage states, the domain of situations addressed by his instruction is on the level of contingency and kairos, a domain belonging to the order of doxa, not the order of epistēmē. His teaching of political discourse relies on a method of adjusting opinions and conjectures to specific cases, on bringing doxa in closer proximity to kairos.The passage above, then, sets the conceptual stage for the type of civic education with which Isocrates associates his teaching throughout the Antidosis: the teaching of logos politicos, not for its own sake, but for the purpose of citizenship and statesmanship, an education in speaking well for the purposes of citizenship and statesmanship. By guiding students in how to apply rhetorical principles to practical situations, how to make choices about future courses of action with an eye to potential consequences, and how to adjust choices made to the demands of changing circumstances, he is in fact preparing students to participate in their city's deliberations as citizens. Should they rise to the occasion and be prepared to address the city's problems by submitting the judgments they formulate to the principles of contingency and timeliness, they may very well become leaders of the city one day, capable statesmen or celebrated citizens of the polis.But the passage also leaves several questions unanswered. To begin with, there is the question of the label "philosophy." Does Isocrates use the term philosophia to "denote his rhetoric" (Too 1995, 193) or to suggest an "implicit denial of rhetoric" (Cahn 1989, 134)? Is this label meant to be an act of "appropriating the term 'philosophy'" (Nehamas 1990, 5) or of positing "a contrasting definition of philosophy" (Timmerman 1998, 157)? Can the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Isocrates' Use of doxaTakis PoulakosEven though Isocrates presents Antidosis as a thorough defense of his educational program, he says very little about it, choosing instead to offer lavish portraits of his own earlier writings, elaborate arguments in defense of his reputation, and painstaking attacks against his competitors. One of the few passages where he speaks directly and explicitly about his educational views concerns the type of teaching of which (...) he approved. "[T]eachers of philosophy," he remarks in an obvious reference to his own instruction, begin their students' training by acquainting them with "all the forms of discourse in which the mind expresses itself." Past this type of training, he goes on to say,when they have made them familiar and thoroughly conversant with these lessons, they set them at exercises, habituate them to work, and require them to combine in practice the particular things which they have learned, in order that they may grasp them more firmly and bring their theories into closer touch with the occasions for applying them —I say "theories," for no system of knowledge can possibly cover these occasions, since in all cases they elude our science. Yet those who most apply their minds to them and are able to discern the consequences which for the most part grow out of them, will most often meet these occasions in the right way. (184)The passage is important for a number of reasons. First, it makes clear that Isocrates conceives learning not so much in terms of possessing a specialized body of knowledge as in knowing how to apply principles to specific situations. Students will be educated in the art of logos, not only when they have become familiar with "all the forms of discourse,," but, more importantly, when they have learned how to apply principles of the art to practical situations. Second, the passage also makes clear that the proper site for applying the principles of the art of logos is the domain of politics. [End Page 61] Teachers of "philosophy" will guide students to apply their knowledge of the art of logos, not in every situation, but in those situations that deal with contingencies and that call for decisions about future courses of action, whose outcome is unknown and whose consequences are unforeseen. Along with many other sections throughout his writings, the passage above offers one more indication that Isocrates' educational program focuses principally on instruction in political or symbouleutic speaking, political discourse or logos politikos. Finally, as the passage states, the domain of situations addressed by his instruction is on the level of contingency and kairos, a domain belonging to the order of doxa, not the order of epistēmē. His teaching of political discourse relies on a method of adjusting opinions and conjectures to specific cases, on bringing doxa in closer proximity to kairos.The passage above, then, sets the conceptual stage for the type of civic education with which Isocrates associates his teaching throughout the Antidosis: the teaching of logos politicos, not for its own sake, but for the purpose of citizenship and statesmanship, an education in speaking well for the purposes of citizenship and statesmanship. By guiding students in how to apply rhetorical principles to practical situations, how to make choices about future courses of action with an eye to potential consequences, and how to adjust choices made to the demands of changing circumstances, he is in fact preparing students to participate in their city's deliberations as citizens. Should they rise to the occasion and be prepared to address the city's problems by submitting the judgments they formulate to the principles of contingency and timeliness, they may very well become leaders of the city one day, capable statesmen or celebrated citizens of the polis.But the passage also leaves several questions unanswered. To begin with, there is the question of the label "philosophy." Does Isocrates use the term philosophia to "denote his rhetoric" (Too 1995, 193) or to suggest an "implicit denial of rhetoric" (Cahn 1989, 134)? Is this label meant to be an act of "appropriating the term 'philosophy'" (Nehamas 1990, 5) or of positing "a contrasting definition of philosophy" (Timmerman 1998, 157)? Can the... (shrink)

Among the research that nowadays deals with the impact of digital technologies on attention, little is concerned with problematizing the theoretical premises about the nature of this cognitive faculty. Hence, even highly credited studies on digital distraction draw their conclusions from underexamined models of attention, despite them not being the only ones available. In our article we intend to focus on this problem, starting by discussing two case studies in the field of cognitive psychology and trying to show their theoretical (...) shortcomings when compared with an alternative model of attention. We will thus explore the account that a contemporary phenomenologist, Paul Sven Arvidson, has provided of attention and distraction. Finally, we will try to question the conclusions of the empirical studies by reframing them within Arvidson’s model, suggesting the importance of sharpening the definition of attention and distraction as preliminary work for investigating how the digital relates to them. (shrink)

Jean-Paul Sartre is often portrayed as a philosopher whose ethics would inevitably have subjectivist or relativist outcomes. Yet, even in Sartre’s early works there are several stances that blatantly belie this image, relying rather on an objectivist conception of value that he notably draws from Max Scheler. The aim of this paper is thus to investigate the influence of Scheler’s moral reflection on Sartre, arguing how it can represent an original and fruitful starting point to approach Sartrean ethics. To this (...) aim, we will first report on and discuss some passages from Sartre’s early works where this debt is most noticeable. Then, we will provide an overview of the Schelerean legacy, arguing how it represents for Sartre the very opening of the ethical issue addressable in phenomenological terms, avoiding the dead end of Hume’s and Kant’s more classical positions, while at the same time being consistent with other peculiar themes of Sartrean philosophy, namely existence and historicity. (shrink)

This article suggests increased attention to how medical discourses of gastrointestinal (GI) disorder and distress are fraught with social assumptions and consequences by examining nineteenth-century and contemporary medical texts focused on chronic constipation and Irritable Bowel Syndrome (IBS). I suggest that these medical discourses present what I call the “gastrointestinal woman,” who is characterized as having unjustified anxiety and is to blame for her condition. My approach to understanding, and ultimately revising, the representation of the gastrointestinal woman is shaped by (...) disability studies scholarship, which encourages intervention in problematic medical discourses and more active shaping of discourses of chronic pain and illness by those who have these conditions. (shrink)

An increase in global violence has forced the displacement of more than 70 million people, including 26 million refugees and 3.5 asylum seekers. Refugees and asylum seekers face serious socioeconomic and healthcare barriers and are therefore particularly vulnerable to physical and mental health risks, which are sometimes exacerbated by immigration policies and local social discriminations. Calls for a strong evidence base for humanitarian action have encouraged conducting research to address the barriers and needs of refugees and asylum seekers. Given the (...) role of epigenetics factors to mediate the effect of psychological and environmental exposures, epigenetic modifications have been used as biomarkers for life adversity and disease states. Therefore, epigenetic research can be potentially beneficial to address some of the issues associated with refugees and asylum seekers. Here, we review the value of previous and ongoing epigenetic studies with traumatized populations, explore some of the ethical challenges associated with epigenetic research with refugees and asylees and offer suggestions to address or mitigate some of these challenges. Researchers have an ethical responsibility to implement strategies to minimize the harms and maximize the short and long-term benefits to refugee and asylee participants. (shrink)

THOMAS AQUINAS INSISTS that there are two different ways to attain correct judgment. One is by way of “perfect use of reason,” and another is by way of “connaturality”.

Le codex Q. 13 de la bibliothèque cathédrale de Worcester contient un commentaire anonyme inédit sur le premier livre de l’ Éthique à Nicomaque. L’édition est précédée d’une introduction historique et doctrinale. Ce commentaire peut être rapproché des commentaires dits « averroïstes », c’est-à-dire les commentaires parisiens sur l’ Éthique de la deuxième moitié du xiii e siècle et, surtout, de celui de Jean de Tytynsale, maître à la Faculté des Arts d’Oxford dans la deuxième moitié du xiii e siècle. (...) L’analyse doctrinale et stylistique ainsi que l’étude du manuscrit permettent d’affirmer que le commentaire a été rédigé entre 1272 et 1295, vraisemblablement par un maître de la Faculté des Arts d’Oxford. (shrink)

Anicius Manlius Seuerinus Boethius has been regarded one of the major sources of Platonism in the Middle Ages, and the influence of different Platonists on his thought has been widely discussed. In his Aristotelian commentaries, however, Boethius rejects Platonists’ opinions while saying that Aristotle and Plato essentially agree. Boethius may have intended to show the agreement he saw, but did not provide any explanation in his works. In this article, I consider how Boethius could have seen such an agreement. While (...) reexamining past remarks about Platonism in Boethius, I conclude that he adopts Porphyry’s view that Aristotelian logic functions as a step toward the metaphysical appreciation of the universe, which Platonists consider to be the most essential form of philosophy. However, Boethius follows Iamblichus in holding that the highest level of metaphysical appreciation involves mathematization. (shrink)

Boethius, the Roman philosopher, was executed for treason and pilloried by modern scholars for misinterpreting Aristotle to the West. This book examines his semantics and logic, attempting to clear his name and lend him new credence.

科学に代表される“近代の知”は大きな成果を生んだ。しかし今日、その限界も指摘されはじめている。人間存在の多面的な現実に即した“臨床の知”が構築されねばならない。著者の積年の思索の結実である本書は、人間 の知のあり方に新たな展望を開き、脳死や臓器移植などの医学的臨床の問題にたいしても明快な視点を提供する。.

Philosophers and geographers have converged on the topic of public space, fascinated and in many ways alarmed by fundamental changes in the way post-industrial societies produce space for public use, and in the way citizens of these same societies perceive and constitute themselves as a public. This volume advances this inquiry, making extensive use of political and social theory, while drawing intimate connections between political principles, social processes, and the commonplaces of our everyday environments.