More than 20 years ago, Jürgen Habermas and Karl-Otto Apel started the philosophical research program of Discourse Ethics. This led to a broad discussion about the correct justification and application of basic principles of Discourse Ethics, from which several comprehensive new conceptions emerged in recent years. The authors of this anthology discuss central problems of the previous designs in a constructive way, they carry out alternative designs and thus open up new perspectives for discourse ethics. Niels Gottschalk-Mazouz: Einleitung - (...) William Rehg: Discourse Ethics and Individual Conscience - Thomas Webler und Seth Tuler: Fairness an Competence in Citizen Participation: Theoretical Reflections from a Case Study - Nadia Mazouz: Das Gute Leben in der Diskursethik - Adela Cortina: Virtualitäten in einer erneuerten Diskursethik für die Bioethik - Micha H. Werner: Kants pflichtenethischer Rigorismus und die Diskursethik: Eine maximenethische Deutung des Anwendungsproblems - Niels Gottschalk-Mazouz: Diskursethik als kognitivistisches Rahmenkonzept - Konrad Ott: Noch einmal: Diskursethik - Hans Schelkshorn: Dialogische Vernunft und die Grundlagen interkultureller Ethik; Thesen zu einer Revision der Diskursethik - Matthias Kettner: Diskursethik: Moralische Verantwortung für diskursive Macht. (shrink)

It is usually held that representative government is not strictly democratic, since it does not allow the people themselves to directly make decisions. But here, taking as her guide Thomas Paine’s subversive view that “Athens, by representation, would have surpassed her own democracy,” Nadia Urbinati challenges this accepted wisdom, arguing that political representation deserves to be regarded as a fully legitimate mode of democratic decision making—and not just a pragmatic second choice when direct democracy is not possible. As Urbinati (...) shows, the idea that representation is incompatible with democracy stems from our modern concept of sovereignty, which identifies politics with a decision maker’s direct physical presence and the immediate act of the will. She goes on to contend that a democratic theory of representation can and should go beyond these identifications. Political representation, she demonstrates, is ultimately grounded in a continuum of influence and power created by political judgment, as well as the way presence through ideas and speech links society with representative institutions. Deftly integrating the ideas of such thinkers as Rousseau, Kant, Emmanuel Joseph Sieyès, Paine, and the Marquis de Condorcet with her own, Urbinati constructs a thought-provoking alternative vision of democracy. (shrink)

Redirecting attention to Mill as a political thinker, Nadia Urbinati argues that this claim misrepresents Mill's thinking.

›Autonomie‹ ist ein mehrdeutiger Begriff. Er bezeichnet Eigenschaften wie Unabhängigkeit, Selbständigkeit und Selbstbestimmtheit. Während bei technischer Autonomie meist die ersten beiden Bedeutungen im Vordergrund stehen, sind es bei menschlicher Autonomie die letzten beiden.

Manipulation of the human germline is sometimes criticised as a severe intervention into human nature. In order to assess the tenability of this claim, different uses of the term “human nature” and distinct scientific and clinical contexts must be differentiated. The first live birth of an edited human child will probably take the form of an unproven intervention and not a clinical trial. As an unproven intervention, germline manipulation must be regarded as a severe intervention into the nature of a (...) prospective newborn. Nevertheless, once the technique of germline manipulation can be regarded as a safe therapeutic option, and if its use is restricted to the prevention of severe genetic diseases, it can no longer be regarded as a particularly severe intervention into human nature. However, such a use would make human nature the object of technoscience and the edited human beings would have to be regarded as biofacts, i. e., a form of incarnated and living technological design. This introduces a new quality into the notion of “human nature”, which can be regarded as ethically acceptable, as long as the intervention is restricted to the prevention of severe genetic diseases. (shrink)

This paper investigates the formation and propagation of wavefunction `branches' through the process of entanglement with the environment. While this process is a consequence of unitary dynamics, and hence significant to many if not all approaches to quantum theory, it plays a central role in many recent articulations of the Everett or `many worlds' interpretation. A highly idealized model of a locally interacting system and environment is described, and investigated in several situations in which branching occurs, including those involving Bell (...) inequality violating correlations; we illustrate how any non-locality is compatible with the locality of the dynamics. Although branching is particularly important for many worlds quantum theory, we take a neutral stance here, simply tracing out the consequences of a unitary dynamics. The overall goals are to provide a simple concrete realization of the quantum physics of branch formation, and especially to emphasise the compatibility of branching with relativity; the paper is intended to illuminate matters both for foundational work, and for the application of quantum theory to non-isolated systems. (shrink)

In view of recent studies that identified certain interest groups as potential whistleblowers, we propose an integrative conceptual framework to examine whistleblower behavior by whistleblower type. The framework, dubbed the whistleblowing triangle, is modeled on the fraud triangle and is comprised of three factors that condition the act of whistleblowing: pressure, opportunity, and rationalization. For a rich examination, we use a qualitative research framework to analyze 11 whistleblowing cases of corporate financial statement fraud in Canada that were publicly denounced between (...) 1995 and 2012. Our analysis indicates that whistleblowers are not only insiders but also outsiders [financial analysts, auditing firms, journalists, politicians, customers, and investors]. It also suggests that a dynamic relation may exist between whistleblowers. In addition, our findings show that most whistleblowers opt for external channels when they fail to receive an adequate response from management, seek media exposure, are interested in financial benefits resulting from the act of whistleblowing, or are interested in protecting their investment. Lastly, we propose categorizing whistleblowers into four conceptual types: protective, skeptical, role-prescribed, and self-interested. (shrink)

Earlier this year, the U.S. Department of Health and Human Services announced its intent to strengthen enforcement of legal protections for health care providers' conscience rights. It proposed regulations that would give the DHHS Office of Civil Rights greater authority to ensure that recipients of federal funding comply with federal conscience laws. This recent development creates an opportunity for scholars and policy‐makers to revisit the perennial debate about whether and how law should protect health care providers' rights of conscience. Arguments (...) about who should be protected, what actions should be protected, and whether there should be any limitations on the exercise of conscience rights have brought us no closer to a resolution. However, there is one remaining avenue for analysis that has, surprisingly, received very little attention—the question of how providers are protected, and from what consequences. Existing U.S. conscience laws immunize health care providers from a wide range of adverse consequences—including civil liability, criminal prosecution, administrative penalties, adverse action by employers, and discrimination by private actors, among others. However, academic and public policy debates rarely acknowledge the breadth of these protections. It is essential to disentangle this network of possible protections. (shrink)

The American Medical Association’s (AMA’s) “Opinion 1.1.7, Physician Exercise of Conscience” attempts to help physicians strike a reasonable balance between their own conscientious beliefs and their patients’ medical interests in an effort to minimize harms to both. However, some ambiguity still remains as to whether the severity of harms experienced by physicians and patients is to be assessed externally (by policy makers or by a professional body like the AMA), or internally by the subjects of those harms. Conflicts between conscientious (...) physicians’ self-assessments of the moral harm associated with various actions and the AMA’s external assessments of such harms are likely to lead to challenges in the implementation of some provisions of its opinion. This commentary argues, however, that provisions (b) and (e) of the opinion, which describe the information physicians should provide about their own scope of practice and about the existence of controversial procedures, are less likely to conflict with physicians’ subjective assessments of moral harm, and therefore will face fewer challenges in implementation. (shrink)

This paper investigates the short-term effects on the price of the ethically screened stocks of the Dow Jones Islamic Market World Index quarterly revisions. Using a sample of 8250 stocks from May 1999 through June 2012, we find a significant price reaction of the ethically screened stocks following additions and deletions. The results show that additions from emerging stock markets tend to experience a greater and significantly positive price response than additions from the developed markets. Further tests reveal that the (...) price reactions following DJIMWI revisions are likely to be driven by shifts in investor sentiment rather than changes in firm fundamentals. (shrink)

The goal of this study is to explore the cultural worldview of the prominent contemporary Arab poet and critic, Adonis (b. 1935). Adonis was one of the first thinkers to question the notion of tura>th (cultural heritage) and to consider it the main cause behind the backwardness of the Arab people of today. Better known as a poet, Adonis’s role as a cultural critic deserves to be highlighted. The present study aims to remedy this by analyzing and criticizing his position (...) on tura>th which was based on a deconstructive reading of foundational texts. His goal was to prove that tura>th was illogical and a hindrance to modernity or creativity. To better understand Adonis’s view on tura>th , this study investigates it against his intellectual and ideological background, and analyzes it in the light of primary texts. It concludes that, as a secular deconstructionist, Adonis sees inherited tura>th as a “text” retaining a static/dynamic dualism, and tries to show that the static elements of tura>th , which always appear stable, logical and capable of achieving progress, actually make it otherwise. He argues that divine revelation is responsible for the predominance of the static aspect of tura>th and hence represents an obstacle to human creativity and progress. For this reason, it must be deconstructed, paving the way for replacement of the static, i.e., religious elements, with dynamic or secular elements, which alone can enable the reconstruction of civilization. But, in the process, Adonis may, by replacing the religious with the secular, merely be setting in place a new static dimension. (shrink)

This paper analyzes critically the appeal the unpolitical is enjoying among contemporary political philosophers who are democracy's friends. Unlike a radical critique of democracy, what I propose to call "criticism from within," takes the form of dissatisfaction with the erosion of an independent mind and impartial judgment per effect of the partisan character of democratic politics. This paper proposes three main criticisms of the actual trend toward unpolitical views of democracy: the first points to the strategic use of deliberation as (...) an antidote against democratic procedures themselves ; the second to the negative conception of democracy that the unpolitical aspiration makes visible; and the third to the dissolution of political judgment within a model of judgment that is tailored around justice. (shrink)

When individual patients' medical decisions contribute to population-level trends, physicians may struggle with how to promote justice while maintaining respect for patient autonomy. This article argues that this tension might be resolved by using the informed consent conversation as an opportunity to position patients as societal stewards.

This article argues that the Supreme Court’s decision in Dobbs is likely to impact medical decision-making by pregnant patients in a variety of contexts. Of particular concern are situations where a patient declines treatment recommended for its potential benefit to the fetus and situations where treatment is withheld due to potential risk to the fetus. The Court’s elevation of fetal interests, combined with a history of courts using abortion jurisprudence to guide their reasoning in compelled treatment cases, means that Dobbs (...) has the potential to limit patient autonomy in a wide array of clinical settings. The article calls on professional medical associations to issue ethical guidance affirming the duty to respect the medical self-determination of pregnant patients. (shrink)

Recent media reports have drawn widespread attention to the experiences of patients who are denied reproductive services at Catholic hospitals. For some patients, such as those experiencing miscarriage, denial of appropriate treatment can lead to serious health consequences. However, many patients are unaware of the limitations on services available at religiously affiliated health care institutions. As a result, patients’ ability to make informed and autonomous decisions about where to seek treatment is hindered. There are currently no federal or state laws (...) requiring health care institutions to inform patients directly of the full scope of medical services they are unable to provide on the basis of religion or conscience. Given religious hospitals’ significant role in the provision of health care in the United States, it is essential that patients be clearly informed about institutional limitations on care. This goal would be best served by adopting a federal disclosure law similar to the Patient Self-Determination Act. (shrink)

This article conceptualizes corporate accountability under international law and introduces an analytical framework translating corporate accountability into seven core elements. Using this analytical framework, it then systematically assesses four models that could be used in a future business and human rights treaty: the United Nations Guiding Principles on Business and Human Rights model, the Universal Declaration of Human Rights model, the progressive model, and the transformative model. It aims to contribute to the BHR treaty negotiation process by clarifying different options (...) and possible trade-offs between them, while taking into account political realities. Ultimately, the article argues in favour of the BHR treaty embracing a progressive model of corporate accountability, which combines ambitious development of international law with realistic prospects of state support. (shrink)

Before proceeding, I would like to clarify briefly two interpretative premises, one methodological and one normative, which sustain my argument. Understanding the transformations facing constitutional democratic societies is a demanding task. These transformations, whose multiple causes are socio-economic not merely political, reflect on the one hand in the decline of mass party form of organization and on the other in the success of populism as not simply a movement of contestation but as a ruling power. In this article, I will (...) suggest that the successes of populism are connected to the decline of organized parties, the pillar of constitutional democracy as it emerged after 1945. It is impossible to predict whether populism will succeed in becoming the new form of democracy. It is, however, certain that contemporary representative governments are facing astonishing mutations and the decline of the party form of representative unification of claims and ideas is one of them. My argument relies upon a phenomenology of populism as a movement that is strong in proportion as organized parties are weak, which actually capitalizes on a revolt against intermediary bodies such as parties. 1. (shrink)

The human genome is commonly regarded as a ‘natural’ connection between all human beings, as it has been handed down to us by our predecessors. As such, it is believed to represent common heritage of humanity, e.g. a resource of outstanding value that should be the object of special protection and international concern. Some critics argue that germline manipulation would disrupt this natural heritage and that we have a duty to preserve the integrity of the human germline. However, a closer (...) look reveals that the concept of common heritage of humanity does not necessarily imply the impermissibility of germline manipulation. If it is restricted to the prevention of severe diseases, germline manipulation does not represent a threat to the unity and identity of the human species, even though this would create a new form of relationship between human beings, namely that between a designer and a genetically designed person. (shrink)

This essay reclaims a political proceduralist vision of democracy as the best normative defense of democracy in contemporary politics. We distinguish this vision from three main approaches that are representative in the current academic debate: the epistemic conception of democracy as a process of truth seeking; the populist defense of democracy as a mobilizing politics that defies procedures; and the classical minimalist or Schumpeterian definition of democracy as a competitive method for selecting leaders.

In a number of very influential publications, Epstein and Hoover (among other authors) have recently argued that a thoroughly micro-foundationalist approach towards economics is unconvincing for metaphysical reasons. However, as we show in this article, this metaphysical/social ontological approach to the debate fails to resolve the status of micro-foundations in the practice of economic modelling. To overcome this, we argue that endogenizing a model—that is, providing micro-foundations for it—correlates with making that model more complex. Specifically, we show that models with (...) more micro-foundations tend to have more parameters or variables. This matters, as there are well-established methodological reasons for preferring models with fewer parameters or variables—ceteris paribus. We therefore conclude that, from a practice-based point of view, micro-foundations are only defensible to the extent that they significantly improve the ability of the relevant model to fit the data of interest. In this way, we arrive at a practice-based, methodological reconceptualization of the debate surrounding the need for micro-foundations in economics. (shrink)

Die vorliegende Untersuchung bemüht sich um eine Klärung des Verhältnisses von Lebenswelt und Wissenschaft. Zum einen treten die Wissenschaften bereits ihrem Begriffe nach mit dem Anspruch auf eine besondere Qualität des von ihnen zur Verfügung gestellten Wissens auf. Soll es sich hierbei nicht um ein leeres Versprechen handeln, muss sich zeigen lassen, inwiefern sich die Wissenschaften von anderen Wissensformen wie eben dem Alltagswissen abheben. Die Klärung dieses Verhältnisses stellt also implizit eine Bestimmung der besonderen Qualität der Wissenschaften dar - eine (...) der Hauptaufgaben der Wissenschaftsphilosophie. Zum anderen muss auch der Verlässlichkeit unseres Alltagswissens Genüge getan werden. Das lebensweltliche Wissen ermöglicht uns eine mehr als hinreichende Orientierung im Alltag, so dass eine Degradierung desselben zu einer Ansammlung von bloßen Scheingebilden nur eine unzureichende Analyse darstellt. Da sich prinzipiell drei unterschiedliche Gewichtungen des genannten Verhältnisses denken lassen - die erste optiert zu Gunsten der Wissenschaften, die zweite favorisiert die lebensweltlichen Erfahrungsformen, die dritte will beiden Erkenntnisformen zu ihrem jeweiligen Recht verhelfen -, werden diese nacheinander diskutiert und gegeneinander abgewogen. (shrink)

Nella nuova Italia gli interpreti e i difensori delle civili libertà (l'espressione è di Romagnosi) furono pochi e poco considerati. Tra essi, gli amici e i seguaci radicali e federalisti di Carlo Cattaneo, ma anche un moderato come Pasquale Villari, il maestro di Gaetano Salvemini. Tutti ebbero in comune la condivisione del pensiero filosofico e politico di John Stuart Mill e il proposito di favorirne la diffusione nella cultura del loro tempo. Mill fu uno degli autori più tradotti nell'Italia dell'Ottocento. (...) Se la sua filosofia ebbe pochissima fortuna, il suo liberalismo attraversò invece tutta la classe politica ed intellettuale italiana: fu come un crocevia di strade diverse per provenienza e destinazione. Ciò vale per Francesco Ferrara e per Vilfredo Pareto, per Marco Minghetti e per Luigi Luzzatti, per i liberisti della Società Adamo Smíth e per i vincolisti del Giornale degli economisti. Il confronto con Mill permette di individuare i caratteri della filosofia civile del liberalismo post-unitario, le sue aspirazioni di buon governo e di giustizia, la sua fiducia nella cultura della modernità. La ricostruzione dei dibattiti e delle polemiche che si susseguirono tra gli anni sessanta e settanta sul decentramento, sulla rappresentanza proporzionale, sul suffragio femminile, sui rapporti fra stato e società civile, sul metodo dell'economia politica, sul socialismo e sull'utilitarismo i temi essenziali del liberalismo milliano aiuta a cogliere il significato storico del complesso rapporto tra liberalismo e positivismo in Italia. Ne viene fuori, come mette in rilievo Norberto Bobbio nella prefazione al volume, il carattere tortuoso e difficile del liberalismo italiano; la sua difficoltà a divenire una base effettiva di riferimento del nuovo stato, dei suoi ceti dirigenti, delle sue elite intellettuali. (shrink)

Recent work has shown that preschool-aged children and adults understand freedom of choice regardless of culture, but that adults across cultures differ in perceiving social obligations as constraints on action. To investigate the development of these cultural differences and universalities, we interviewed school-aged children (4–11) in Nepal and the United States regarding beliefs about people's freedom of choice and constraint to follow preferences, perform impossible acts, and break social obligations. Children across cultures and ages universally endorsed the choice to follow (...) preferences but not to perform impossible acts. Age and culture effects also emerged: Young children in both cultures viewed social obligations as constraints on action, but American children did so less as they aged. These findings suggest that while basic notions of free choice are universal, recognitions of social obligations as constraints on action may be culturally learned. (shrink)

The COVID-19 emergency has hit the whole world, finding all countries unprepared to face it. The first studies focused on the medical aspects, neglecting the psychological dimension of the populations that were forced to face changes in everyday life and in some cases to stay forcedly at home in order to reduce contagion. The present research was carried out in Italy, one of the countries hardest hit by the pandemic. The aim was to analyze the perception of happiness, mental health, (...) and the sense of loneliness experienced by adults during the lockdown due to the COVID pandemic. Specifically, the variables will be examined in relation to gender difference, living alone, with partner, or with partner and children. The research followed a quantitative approach using an online questionnaire. The project involved 1100 subjects from whom 721 participants were extrapolated. Of them, 17.3% claimed to live alone, 39.5% with their partner, and 43.1% with their partner and children. The results show that people in general experienced a lower level of happiness and mental health and higher levels of loneliness compared to normative sample. The lockdown and pandemic condition due to COVID-19 seems to have canceled the gender differences in the perception of happiness and mental health, while it seems to have increased the perception of loneliness experienced by males compared to the pre-pandemic condition. In addition, those who lived alone perceived a greater level of loneliness than those who lived with their partner or partner and children. Unexpectedly, no significant differences emerged regarding the level of happiness and mental health between those who had direct contact with the virus and those who did not. These data should make political decision-makers reflect on the need to pay more attention to the implications that such drastic measures as a lockdown can have on people’s psychological well-being. (shrink)

The book discusses recent developments in Discourse Ethics and argues for a new proposal of how to spell out its core ideas. It finds that its basic principles ("D" and "U") are too specific: they focus on norms, identify those affected with those participating in discourse and use the narrow vocabulary of interests and consequences. It proposes instead: (D1) Only those claims are valid that can be defended against any objection of any possible agent. Discourse Ethics should be understood as (...) a normative framework for ethical argumentation that allows for a plurality of moral principles and for reflections on their suitability for specific contexts. It demands that one acts according to one's best reasons. (shrink)