The article examines the legal status of living wills and health care proxies in Germany, the United States and Japan. The investigation begins with the question of what protection these three legal orders provide for the right to self-determination. Whereas in Germany and the United States, legislation and legal practice take the theory of informed consent very seriously, the doctor-patient relationship in Japan is much less oriented toward the idea of patient autonomy. This basic attitude is reflected in the legal (...) disposition given advance directives. In the USA, most of the individual states have legislation on the living will and health care proxies. In Germany, the judiciary and scholarly literature at least carefully affirm that they are legally binding. In Japan, at least currently, there is nothing at all similar to this approach. The authors then conduct a micro-legal comparison of cases of first impression decided in the USA and Germany and emphasize the amazing similarity of the judicial decisions in two cases . Finally, the question is raised for German law of whether, and in what form, further legislative development of the judicially established right to die appears reasonable. Der vorliegende Beitrag untersucht den rechtlichen Stellenwert von living wills und health care proxies in Deutschland, in den USA und in Japan. Ausgangspunkt der Untersuchung ist die Frage, welchen Schutz das Selbstbestimmungsrecht in den erwähnten Rechtsordnungen genießt. Während in Deutschland und in den USA Gesetzgebung und Rechtspraxis die Theorie vom informed consent sehr ernst nehmen, ist das Arzt-Patienten-Verhältnis in Japan weit weniger vom Gedanken der Autonomie des Patienten bestimmt. Diese Basiswertung schlägt auch im Bereich der rechtlichen Beurteilung von advance directives durch. In den USA sind living will und health care proxy in den meisten Einzelstaaten gesetzlich geregelt, in Deutschland wird ihre rechtliche Verbindlichkeit von Judikatur und Literatur zumindest vorsichtig bejaht. In Japan fehlen - zumindest derzeit - entsprechende Ansätze noch gänzlich.Die Verfasser stellen sodann einen Mikrorechtsvergleich zwischen den in den USA und in Deutschland entschiedenen cases of first impression an und betonen den erstaunlichen Gleichklang der rechtlichen Beurteilung dieser beiden Fälle .Schließlich wird für deutsches Recht die Frage gestellt, ob - und in welcher Form - eine legislative Weiterentwicklung des judiziell bereits etablierten right to die angemessen erschiene. (shrink)

A bold and all-embracing exploration of the nature and progress of knowledge from one of today's great thinkers. Throughout history, mankind has struggled to understand life's mysteries, from the mundane to the seemingly miraculous. In this important new book, David Deutsch, an award-winning pioneer in the field of quantum computation, argues that explanations have a fundamental place in the universe. They have unlimited scope and power to cause change, and the quest to improve them is the basic regulating principle (...) not only of science but of all successful human endeavor. This stream of ever improving explanations has infinite reach, according to Deutsch: we are subject only to the laws of physics, and they impose no upper boundary to what we can eventually understand, control, and achieve. In his previous book, The Fabric of Reality, Deutsch describe the four deepest strands of existing knowledge-the theories of evolution, quantum physics, knowledge, and computation-arguing jointly they reveal a unified fabric of reality. In this new book, he applies that worldview to a wide range of issues and unsolved problems, from creativity and free will to the origin and future of the human species. Filled with startling new conclusions about human choice, optimism, scientific explanation, and the evolution of culture, The Beginning of Infinity is a groundbreaking book that will become a classic of its kind. (shrink)

Discussions about the content of Plato’s Gorgias mostly follow the structure of this dialogue given by the change of the interlocutors. As plain as this change is, as little does it correspond with the development of the subject. This becomes obvious if we compare the division of the dialogue by the interlocutors with the division of the leading questions. New themes do not start with a new person, but only in the course of the conversation with Gorgias, Polos, and Callicles (...) respectively Socrates gets a more fundamental niveau for an old question or introduces a new subject. (shrink)

Combinatory logic started as a programme in the foundation of mathematics and in an historical context at a time when such endeavours attracted the most gifted among the mathematicians. This small volume arose under quite differ ent circumstances, namely within the context of reworking the mathematical foundations of computer science. I have been very lucky in finding gifted students who agreed to work with me and chose, for their Ph. D. theses, subjects that arose from my own attempts 1 to (...) create a coherent mathematical view of these foundations. The result of this collaborative work is presented here in the hope that it does justice to the individual contributor and that the reader has a chance of judging the work as a whole. E. Engeler ETH Zurich, April 1994 lCollected in Chapter III, An Algebraization of Algorithmics, in Algorithmic Properties of Structures, Selected Papers of Erwin Engeler, World Scientific PubJ. Co. , Singapore, 1993, pp. 183-257. I Historical and Philosophical Background Erwin Engeler In the fall of 1928 a young American turned up at the Mathematical Institute of Gottingen, a mecca of mathematicians at the time; he was a young man with a dream and his name was H. B. Curry. He felt that he had the tools in hand with which to solve the problem of foundations of mathematics mice and for all. His was an approach that came to be called "formalist" and embodied that later became known as Combinatory Logic. (shrink)

§1. Mathematics and the physical world. Genuine scientific knowledge cannot be certain, nor can it be justified a priori. Instead, it must be conjectured, and then tested by experiment, and this requires it to be expressed in a language appropriate for making precise, empirically testable predictions. That language is mathematics.This in turn constitutes a statement about what the physical world must be like if science, thus conceived, is to be possible. As Galileo put it, “the universe is written in the (...) language of mathematics”. Galileo's introduction of mathematically formulated, testable theories into physics marked the transition from the Aristotelian conception of physics, resting on supposedly necessary a priori principles, to its modern status as a theoretical, conjectural and empirical science. Instead of seeking an infallible universal mathematical design, Galilean science usesmathematics to express quantitative descriptions of an objective physical reality. Thus mathematics became the language in which we express our knowledge of the physical world — a language that is not only extraordinarily powerful and precise, but also effective in practice. Eugene Wigner referred to “the unreasonable effectiveness of mathematics in the physical sciences”. But is this effectiveness really unreasonable or miraculous?Numbers, sets, groups and algebras have an autonomous reality quite independent of what the laws of physics decree, and the properties of these mathematical structures can be just as objective as Plato believed they were. (shrink)

In some ways, the timing of this book is both fortunate and unfortunate at the same time. Considering its emphasis, authoritarian dictators who govern by spin rather than fear, it is of particular...

A Nobel prize winner, a great man and a great scientist, Erwin Schrödinger has made his mark in physics, but his eye scans a far wider horizon: here are two stimulating and discursive essays which summarize his philosophical views on the nature of the world. Schrödinger's world view, derived from the Indian writings of the Vedanta, is that there is only a single consciousness of which we are all different aspects. He admits that this view is mystical and metaphysical (...) and incapable of logical deduction. But he also insists that this is true of the belief in an external world capable of influencing the mind and of being influenced by it. Schrödinger's world view leads naturally to a philosophy of reverence for life. (shrink)

The European Union is working towards harmonizing legislation across Europe, in order to improve cross-border interchange of legal information. This goal is supported for instance via standards such as the European Law Identifier and the European Case Law Identifier, which provide technical specifications for Web identifiers and suggestions for vocabularies to be used to describe metadata pertaining to legal documents in a machine readable format. Notably, these ECLI and ELI metadata standards adhere to the RDF data format which forms the (...) basis of Linked Data, and therefore have the potential to form a basis for a pan-European legal Knowledge Graph. Unfortunately, to date said specifications have only been partially adopted by EU member states. In this paper we describe a methodology to transform the existing legal information system used in Austria to such a legal knowledge graph covering different steps from modeling national specific aspects, to population, and finally the integration of legal data from other countries through linked data. We demonstrate the usefulness of this approach by exemplifying practical use cases from legal information search, which are not possible in an automated fashion so far. (shrink)

Clinical ethics consultation service remains undeveloped in developing countries. It is recognised that its introduction poses challenges. Malaysia, a multicultural society with diverse religions, values and perceptions further complicate the introduction of formal clinical ethics consultation service. Clinicians attending a national congress workshop completed a Strengths–Weaknesses–Opportunities–Threats analysis. The aim was to gain insight into clinician’s expectations and promote initiatives leading to the introduction of clinical ethics consultation service. Clinicians agree that clinical ethics consultation service can improve quality of care, reduce (...) healthcare costs and advocate for patients and providers. The analysis highlighted constraints in sufficient critical mass of relevant expertise and restricted opportunities for training. The opportunities lie in education, curriculum development and availability of dedicated proponents. Cultural barriers, limited resources, lack of awareness, differenc... (shrink)

The aim of this article is to free Aristotle's Metaphysics, especially book XII (Lambda), frome some metaphysical and theological presuppositions by detecting their inappropriate conceptual framwork, which once was progressive, but now holds an obsolete position. Ousia, being (not substance, a much later concept, construed to solve other problems than Aristotle's), stand for a question, not for an answer. Book Lambda develops a highly speculative argument for this queston. The famous noesis noeseos says that empirical being and knowledge is the (...) realization of a noetic structure (noesis), laid down in our most fundamental opinioons about being. (shrink)

Avner Baz claims that questions philosophers ask about hypothetical cases lack the kind of ‘point’ possessed by ‘everyday’ questions. He concludes from this that there is something wrong with the philosophical practice of asking questions about hypothetical cases. This paper defends the practice from Baz’s criticism.

Schrödinger discusses what an elementary particle is. This essay originally appeared in the journal Endeavour.

Wissen wir, wer oder was unseren Lebensgang bestimmt? Wissen wir überhaupt, was in uns und ausserhalb von uns abläuft? Das einzig Gewisse ist unser Tod, doch was hilft die Gewissheit unseres Todes, wenn ungewiss bleibt, wann er kommt? Unsere Bedürfnisse kennen wir, aber wo sind die Grenzen der Befriedigung? Wenn unsicher geworden ist, wer oder was das bestimmt, was faktisch geschieht, wenn die Welt uns körperlich und seelisch bedrängt und die einzige Gewissheit in der Zukunft unser Tod ist, wenn uns (...) unsere Bedürfnisse und die Grenzen ihrer Befriedigung unklar geworden sind, dann hilft nichts mehr als das Nachdenken – das Nachdenken über unsere Natur und ihren Platz in der Welt, über die Hierarchie unserer Bedürfnisse, darüber, wie wir das Gelingen unseres Lebens mit Vernunft und Gerechtigkeit in Einklang bringen. Kurz, es hilft nichts als der Epikureismus. ********** Do we know who or what determines the course of our lives? Do we even know what is going on inside and outside of us? The only certain thing is our death, but what good is the certainty of our death if it remains uncertain when it will come? We know our needs, but where are the limits to their fulfilment? When it has become uncertain who or what determines what actually happens, when the world oppresses us physically and emotionally and the only certainty in the future is our death, when our needs and the limits of their fulfilment have become unclear to us, then nothing helps more than reflection - reflection on our nature and its place in the world, thinking about the hierarchy of our needs, about how we can harmonise the success of our lives with reason and justice. In short, nothing helps but Epicureanism. (shrink)

Überlegungen zur Geschichte des politischen Dienstes der Evangelischen Kirche in Deutschland.--Kirchliche Mitverantwortung in Politik, Staat und Gesellschaft.--Die Einheit der Evangelischen Kirche in Deutschlands.--Die Denkschrift-und was nun?--Der Friede und die Völkergemeinschaft.